Public offer agreement for the development of a business-card website

1. General provisions

1. This document is a public proposal (offer) by Private Entrepreneur Serhii Brukh (the “Contractor”) to conclude an agreement for the development of a business-card website on the terms set out below, in accordance with Articles 633, 641 and 642 of the Civil Code of Ukraine.
2. The offer is addressed to any individual, individual entrepreneur or legal entity (the “Client”).
3. Full and unconditional acceptance of the offer is the Client’s payment of the Contractor’s invoice (the prepayment). From the moment of acceptance, the agreement is deemed concluded in writing and does not need to be signed.
4. At the Client’s request, the Parties may additionally sign the agreement and acts on paper or with a qualified electronic signature. Such an agreement has the same force as this offer.

2. Definitions

1. Business-card website (the Website) means a one-page website about the Client, its services or products, adapted for mobile devices and with a request form.
2. Style means the visual design of the Website, which the Client chooses from the demo sites on uabrain.com or from the style catalog linked from uabrain.com, or proposes themselves.
3. Materials means the texts, photos, logo, contacts and other information the Client provides to fill the Website.
4. Communication channels means Telegram, WhatsApp, phone and email listed in Section 17. The Parties recognize messages sent through these channels as written.

3. Subject of the agreement

1. The Contractor undertakes to develop the Website in the agreed Style, fill it with the Materials and publish it online, and the Client undertakes to accept and pay for the work.
2. The price includes: design in the chosen Style, mobile-friendly layout, copywriting (for the landing page and the business-card website, if the Client does not provide texts), a request form (for the landing page and the business-card website), basic technical SEO (headings, page description, social media preview), domain connection and publication, and advice on setting up the Client’s Instagram and TikTok profiles. SEO promotion is not included in the price.
3. Features beyond this list (multiple pages, online payment, shopping cart, user accounts, integrations, etc.) are not part of the agreement and may be ordered separately by arrangement.

4. Price

1. The price of each service is fixed, with no hidden extra charges. The Client chooses the service before work begins.
2. The Contractor is a Group 3 single tax payer and is not a VAT payer. No VAT is charged on the price.
3. The price does not change after acceptance of the offer.

5. Payment terms

1. Payment is made by bank transfer to the Contractor’s current account against an issued invoice.
2. The Client pays 50% of the price as a prepayment before work begins.
3. The Client pays the remaining 50% within 3 calendar days after accepting the Website (Section 8).
4. The Parties recognize payment by a third party on behalf of the Client as proper if the payment reference states the invoice number or the Client’s name.

6. Deadlines

1. The Contractor delivers the Website for review within 1.5 days (36 hours) from the moment both conditions are met: the prepayment has been received and the Client has provided all Materials.
2. If the Client delays Materials, answers or approvals, the deadline is extended by the length of the delay.

7. Work and revisions

1. The Parties exchange information through the Communication channels.
2. The Client guarantees that the Materials are accurate and that the Client has the rights to use them. The Contractor does not check the Materials for infringement of third-party rights.
3. Before accepting the Website, the Client is entitled to one round of minor revisions: texts, photos, contacts, colors within the Style. A change of the Style or the Website’s structure is a new order.
4. Revisions after acceptance of the Website are not included in the price and are carried out by separate arrangement.

8. Delivery and acceptance

1. The Contractor sends the Client a link to the finished Website through the Communication channels.
2. Within 3 calendar days, the Client accepts the Website or sends reasoned comments about any non-compliance with what was agreed.
3. If no comments are received within this period, the Website is deemed accepted and the work completed in full.
4. An act of completed work is drawn up at the Client’s request and may be signed with a qualified electronic signature.

9. Domain and hosting

1. The Website is hosted free of charge on Vercel servers. A free domain in the .pp.ua zone is registered in the Client’s name with the Contractor’s assistance.
2. The Client buys and pays for a paid domain (for example, .com or .com.ua) independently and in the Client’s own name. The Contractor helps with choosing, registering and connecting it.
3. The Contractor is not responsible for the operation, terms and pricing of third-party services (hosting, domain registrars) or for changes to them.

10. Rights to the website

1. After full payment, all economic intellectual property rights to the Website created under this agreement pass to the Client, without limitation of term or territory.
2. Until full payment, the economic rights remain with the Contractor. If the Client has not paid the remaining price on time, the Contractor may suspend the Website until payment.
3. Third-party fonts, libraries and images are used under the terms of their licenses. The rights to the Client’s Materials remain with the Client.
4. The Contractor may mention the Website and show images of it in the Contractor’s portfolio unless the Client prohibits this in writing.

11. Refunds

1. If the Client withdraws from the agreement before work begins, the Contractor refunds the prepayment in full within 5 banking days to the account it was received from.
2. After work has begun, the prepayment is not refundable, except where the Contractor failed to perform the work through the Contractor’s own fault.
3. Work is deemed to have begun when the Contractor has notified the Client of the start or sent the first version of the Website.

12. Liability

1. The Parties are liable for non-performance or improper performance of the agreement in accordance with the laws of Ukraine.
2. The Contractor is not responsible for the content of the Materials, for the lawfulness of the Client’s activities or for the results the Client expects from the Website (number of requests, sales, etc.).
3. The Contractor’s liability is limited to the amount actually paid by the Client under this agreement, unless otherwise provided by law.

13. Personal data

1. By accepting the offer, the Client consents to the Contractor processing the Client’s contact details (name, phone, email address, messenger username) for the purpose of performing the agreement, in accordance with the Law of Ukraine “On Personal Data Protection”.
2. Data of Website visitors submitted through the request form is received by the Client. The Client is its controller and is solely responsible for the lawfulness of its processing.

14. Force majeure

1. The Parties are released from liability for failure to perform obligations caused by force majeure (hostilities, air raid alerts, power or communication outages, natural disasters, etc.). Deadlines are extended for the duration of such circumstances.
2. The Party affected by such circumstances notifies the other Party through the Communication channels within a reasonable time.

15. Dispute resolution

1. The Parties resolve disputes through negotiation and, failing agreement, in court in accordance with the laws of Ukraine.
2. If the Client is a consumer, the terms of this agreement do not limit the Client’s rights under the Law of Ukraine “On Consumer Rights Protection”.

16. Term and amendments

1. The agreement is valid from the moment of acceptance until the Parties have fully performed their obligations.
2. The Contractor may change the offer by publishing a new version on this page. Changes do not apply to agreements concluded before the new version was published.

17. Contractor details