Terms and Conditions
This public contract (the "Agreement") is a public contract of adhesion (offer), defines the procedure for the provision of services for development of software add-ons and online stores modifications by the CS-Cart platform (collectively, "Services"), as well as the order of relationships, mutual rights and obligations between individual entrepreneurs Tikhonovich Oleg ("Contractor"), acting on the basis of the Certificate of state registration №191597409 of 27 February 2015, and any user of the Services (the "Customer", and jointly referred to - the "Parties"), accepted public offer on the conclusion of the Agreement.
1. The Subject of the Agreement
1.1. Customer requests, and the Contractor undertakes to provide services for the development of CS-Cart software add-ons and modifications of online stores for a fee in accordance with the terms of the Offer Contract.
1.2. The subject of this Agreement is to provide services to the Customer, the composition and the content of which is claimed by the Customer via e-mail messages or other convenient for Parties manner. Services are provided remotely from the immediate location of the Customer via the Contractor's computer with a connection to the Internet. Customer undertakes to accept and pay for the services under the contract offer.
2. Conclusion of contract
2.1. This Agreement is a public contract (Article 396 of the Civil Code of the Republic of Belarus), under which the Contractor undertakes to provide the services referred to in Chapter 1, "Subject of the contract" of this Agreement, in respect of each of the customers, who turn to the Contractor for such services. Contract terms are set the same for all consumers.
2.2. Placement of the text of this Agreement on the official website of the Contractor at http://www.cs-commerce.com/contract.html a public offer of the Contractor in accordance with paragraph 2 of Article 407 of the Civil Code of the Republic of Belarus, on the basis of which the Contractor will enter into a contract with any of the customers who agree to its conclusion.
2.3. The conclusion of this Agreement is made by joining the Customer to this Agreement, that is, by taking (acceptance) by the Customer of this Agreement as a whole, without any conditions, exceptions and reservations (Article 398 of the Civil Code of the Republic of Belarus).
2.4. The fact of acceptance (acceptance of the) conditions of the Customer Agreement is the payment by the Customer Services ordered them on the terms and conditions specified in this Agreement (p. 3 of Art. 408 of the Civil Code of the Republic of Belarus).
2.5. The name and value of the Services specified in the bill-protocols that of payment are an integral part of the Agreement.
This Agreement, subject to its acceptance of the order, shall be deemed concluded in writing (paragraphs 2 and 3 of Article 404 and paragraph 3 of Article 408 of the Civil Code of the Republic of Belarus).
2.7. The place of the conclusion of the Agreement The Parties recognize the location of the Contractor.
3. The rights and obligations of the parties
3.1. Contractor Responsibilities:
3.1.1. Provide Customer Service in full in due time under the conditions specified in this Agreement.
3.1.2. Keep strictly confidential and to take all possible actions no less than the actions that it takes to protect its own information as a commercial secret, to protect the confidentiality and obstacles unauthorized use, disclosure, publication or distribution of Customer information that constitutes a trade secret, except for cases stipulated by the current legislation of the Republic of Belarus.
3.1.3. If in the course of the service activities it turns out the inevitability of a negative result, it is inappropriate for further action or failure to achieve results due to circumstances beyond the control of the Contractor, suspend activities, placing a customer's reputation in 3 days after the suspension of the provision of the Services.
3.1.4. In the case of presentation, immediately satisfy customer requirements specified in para. 3.4.2. this Agreement.
3.2. Customer Responsibilities:
3.2.1. The fully comply with the terms of this Agreement.
3.2.2. Fully and clearly defined requirements and provide other detailed information necessary to the Contractor to perform the work.
3.2.3. Paying Contractor Services in the manner and amount as foreseen in Chapter 5 of this Agreement.
3.3. The Contractor has the right to:
3.3.1. Suspend / terminate the provision of Services under the Agreement or terminate the Agreement unilaterally in case of default of its obligations under the Customer Agreement.
3.3.2. To determine the methods and scope of action to provide services to the Customer, taking into account the requirements of the Customer.
3.3.3. Involve third parties to provide services having adequate qualifications, if it does not harm the quality and timing of the provision of the Services.
3.4. The customer has the right to:
3.4.1. Monitor the progress and quality of the provision of the Services, without interfering with the activities of the Contractor.
3.4.2. If you have any comments to ask the Contractor to remove those comments within the deadline established by Agreement of the Parties.
3.4.3. To place the name and Contractor logo in their promotional and informational materials, including the Customer's site.
4. Cost of services and payment procedure
4.1. Cost of services rendered under this Agreement shall be determined based on the volume and complexity of the Services ordered by the Customer according to the rate of 30r 20k (thirty rubles twenty kopecks (BYN)) for 1 hour without regard to degree of difficulty.
4.2. Term of service shall be established by agreement with the customer based on the volume and complexity of the ordered services.
4.3. The Customer undertakes to make payment in Belarusian rubles (BYN) within 5 (five) working days from the date of delivery of the Services rendered by the Contractor.
4.4. Customer shall pay the ordered services money transfer by bank transfer on the bank account and according to the details specified in the Contractor's site, or provided by the Contractor under the link for the bank card online payment.
4.5. Services are considered rendered properly and in full if within 5 (five) working days from the date of expiry of the provision of the Services, the Contractor is not received customer complaints on the quality and volume of services.
4.6. Contractor shall be entitled not to consider complaints made to pass the legislation or the terms of this Agreement.
5. Responsibilities of the parties, the order dispute resolution
5.1. For failure to comply with conditions of the contract shall be liable in accordance with the legislation of the Republic of Belarus.
5.2. The parties are relieved from liability for failure or improper fulfillment of their obligations under this Agreement, if their inability to perform due to force majeure, namely, war, natural disasters, fires, floods, earthquakes, strikes, riots and social unrest, as well as the actions of the authorities which may affect the performance of obligations under the Agreement.
5.3. The Party, which can not fulfill obligations under the Agreement, is obliged to notify the other Party not later than 10 days from the date of occurrence of the circumstances.
5.4. All disputes that may arise in the performance of its obligations hereunder or in connection with it, shall be settled by means of negotiations.
5.5. Disputes and disagreements on which the Parties have not reached agreement shall be settled in the Economic Court of Minsk in accordance with the legislation of the Republic of Belarus.
6. Other conditions
6.1. This Agreement shall enter into force on the date of acceptance (acceptance) of this Agreement and the Customer acts:
- to complete rendering of the ordered and paid services;
- until the termination of the Agreement.
6.2. By entering into this Agreement, Customer thus states that:
- the information that it provides in the application for services is complete, true and accurate;
- it ensures the presence of him all necessary rights to the work, as well as that provided by the working materials do not contradict the legislation of the Republic of Belarus, does not violate the rights and legitimate interests of third parties (personal, property, copyrights), without prejudice to their honor, dignity and contain illegal material.
6.3. This Agreement may be terminated early, on the initiative of the Customer, and the mutual settlement between the parties is made for the actual performance of services under this Agreement.
6.4. If any of the conditions of the Agreement would lose validity, be found to be unlawful or would be excluded from the Agreement, it does not entail the invalidity of the remaining provisions of the Agreement.
6.5. In all other respects, it is not provided in this Agreement shall be governed by the applicable laws of the Republic of Belarus.
6.6. Without prejudice to the terms of the Offer, the Client and the Contractor shall have the right at any time to issue a contract for services in the form of a written document and bilateral exchange signed by the authorized person of the originals, sealed.
7. Details of the Parties
7.1. The parties irrevocably agree details for the Customer to consider the information referred to them during the ordering process for the Services, faithful.
IE Tihonovich Oleg
UNP: 191597409 from February 8, 2019