Individual entrepreneur Nemets Yury Yurievich, hereinafter referred to as the “Contractor”, acting on the basis of the Certificate of state registration of an individual entrepreneur N 591852297 issued on November 15, 2016 by Svisloch District Executive Committee, on the one hand, and an individual or legal entity, hereinafter referred to as the “Customer”, on the other hand, who accepted a public offer to conclude the Agreement (hereinafter referred to as the Parties).
1. DEFINITIONS USED IN THE AGREEMENT
1.1. Order is a request of an individual or legal entity orally or in writing by means of electronic communication (as well as messengers Viber, Telegram, WhatsApp) to the Contractor in order to provide services for the development of the website.
1.2. Agreement is an agreement between the Customer and the Contractor for the development of the website, which is concluded by paying for the offer.
1.3. Offer is a document, a public agreement. Publication (placement) of a link to the text of the public agreement on the website www.exore.pro/en is a public offer addressed to a wide range of persons in order to provide services for the development of a website.
The fact confirming the conclusion of the Agreement on the part of the Customer of services is its payment – acceptance.
1.4. Acceptance of the offer is full and unconditional acceptance of the offer.
1.5. The Customer is the person who made the payment for the offer and is a consumer of services for the development of the website within the framework of the concluded Agreement.
1.6. Brief, terms of reference is a document describing:
– the task of the project (the goal of the project);
– website design requirements;
– website content;
– technological requirements;
– requirements for the administration system;
information materials, documents and other information required by the Contractor for the proper performance of obligations under the agreement.
1.7. Design layout (design concept) of a website is a unique artistic and graphic design of a website, including the location and design of information blocks, with the exception of information content. 1.8. Domain name (domain) is an area of the hierarchical name space of the Internet, which is served by a set of domain name servers (dns) and centrally administered. The domain is identified by the domain name.
1.9. Filling in the website is works related to filling in the developed website with information materials provided by the Customer and specified in the terms of reference.
1.10. The Internet (the Internet) is a global information network consisting of interconnected networks, data transmission between which is carried out using the TCP/IP protocol (Transmission Control Protocol / Internet Protocol).
1.11. The information structure of the website is a table with comments presented in a text file (.doc), which contains the names of all sections and subsections of the website being created in a hierarchical form.
1.12. Website content (content) is the content of text, graphics, audio, video, photo, as well as other materials presented on the website.
1.13. Informational materials are text, graphic, audio, video, photo, as well as other materials on various media (electronic, paper, etc.) necessary for the design and construction of the website.
1.14. Source code is the text of a computer program in any programming language.
1.15. The concept of the website is the result of mutual understanding by the parties to the agreement of the system of requirements for the website and its objectives, presented in the form of a document illustrating the essence of the project.
1.16. Search engine optimization is a set of measures to raise the position of a website in the search engine results for certain user requests.
1.17. Software modules is software that defines content management (website content).
1.18. Website promotion is a set of measures to ensure website traffic by target visitors.
1.19. Software development is the performance of work on the layout and programming of a website.
1.20. Website development is works on the creation of a website based on the terms of reference, including the development of the website concept, design layout, layout and programming.
1.21. Website, website is a set of software and hardware for computers and text, graphic and other information combined in a certain way, using the hypertext markup language HTML (Hyper Text Markup Language), placed in an information and telecommunications network at certain network URL addresses (Uniform Resource Locator).
1.22. Website construction is works on the creation of a website based on the terms of reference and approved design. Website construction includes programming, processing of text, graphic and other information materials, filling the website with information materials, testing the website, preparation of accompanying documentation.
1.23. Credentials are login (identification name) and password assigned to the Customer, allowing access to the Customer’s information on the Contractor’s equipment.
1.24. Website functionality is the functionality of the website, which is characterized by models and algorithms for information output.
2. SUBJECT OF THE AGREEMENT
2.1. The Contractor undertakes to provide services for the Customer for the development of the website and transfer to him the right to use the website, and the Customer undertakes to accept and pay for the work.
2.2. Website development services are provided in accordance with the Customer’s terms of reference transmitted via electronic communication (as well as messengers Viber, Telegram, WhatsApp) to the Contractor and which is an integral part of this Agreement.
2.3. The terms of development of the website, the conditions defining the procedure for the provision of services, as well as other essential information, are negotiated and recorded by the Parties in writing by means of electronic communication (as well as messengers Viber, Telegram, WhatsApp) and is an integral part of the Agreement.
2.4. A copy of the website is transferred to the Customer (specify): ZIP archive; in a different form.
2.5. The material object in which the website is embodied is transferred to the Customer’s ownership.
2.6. All services related to software improvements, adding additional modules, functions or features to its operation are carried out on the basis of a written agreement between the Parties by means of electronic communication (as well as messengers Viber, Telegram, WhatsApp).
2.7. Examples of websites (layouts, templates) that can be developed under the Agreement are posted by the Contractor on the website www.exore.pro/en .
2.8. The Contractor reserves the right to make changes to the Agreement of the public offer, in connection with which the Customer undertakes to familiarize himself with the current version of the Agreement and other information on the website before receiving the services www.exore.pro/en .
3. THE PROCEDURE FOR CONCLUDING THE AGREEMENT
3.1. The Agreement is a public agreement.
3.2. Publication (placement) of a link to the text of the Agreement on the website www.exore.pro/en is a public offer (offer) of the Contractor to conclude this Agreement, addressed to an indefinite circle of persons.
3.3. The conclusion of the Agreement is made by joining the Customer by accepting (accepting) the terms of the Agreement as a whole, without any conditions, exceptions and reservations.
3.4. The fact of acceptance (acceptance) by the Customer of the terms of the Agreement is the payment by the Customer of the services ordered by him for the development of the website in the manner and on the terms defined by the Agreement.
3.5. The Agreement, subject to the order of its acceptance, is considered concluded in simple written form.
3.6. This offer is valid in the version and on the terms that existed at the time of its payment.
4. COST, PROCEDURE AND TERMS OF PAYMENT
4.1. The cost of services is determined based on the time spent on the development of the website by the Contractor. The cost of 1 hour of work is the amount of Belarusian rubles equivalent to 42 (forty-two) US dollars at the exchange rate of the National Bank of the Republic of Belarus on the day of payment for services.
4.1.1. The required number of hours is determined by the Contractor based on the technical specifications of the Customer and is the preliminary cost of services.
4.1.2. Deviation from the preliminary cost of services is allowed in the following cases::
– the occurrence of the need for additional work during the provision of services, which could not be provided at the stage of concluding the Agreement and developing the terms of reference;
– changes in price-forming factors and other circumstances that led to a change in the final cost of services.
4.2. Payment for website development services is made by the Customer on the basis of an invoice issued by the Contractor by means of electronic communication (as well as messengers Viber, Telegram, WhatsApp) in the amount of 100% of the preliminary cost of services in a cashless manner to the Contractor’s settlement account according to the data and details specified in the Agreement, within 3 (three) banking days from the date of its invoice.
The Contractor assumes obligations to provide services only after receiving payment confirmation from the Customer by submitting a payment order to the Contractor. Partial payment of the preliminary cost of services provided under the Agreement is not the basis for the start of the provision of services.
4.3. The final cost of the services rendered is indicated in the act of acceptance and delivery of the services rendered (hereinafter the Act).
4.4. The final payment is made by the Customer on the basis of the Act by transferring the remaining amount to the Contractor’s settlement account within 3 (three) days from the date of signing the Act.
4.5. In the absence of payments for the services rendered, their performance may be suspended unilaterally by the Contractor.
4.6. Funds are transferred by the Customer to the Contractor by bank transfer to the Contractor’s current account on the basis of payment instructions.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. The Contractor is obliged to:
5.1.1. Provide the Customer with reliable information about the services provided, the methods of their provision, the terms of payment for services and other information necessary within the framework of the fulfillment of the terms of the Agreement.
5.1.2. Provide the services provided for in the Agreement and transfer to the Customer all the results obtained within the prescribed period.
5.1.3. To provide services for the development of the website in several stages according to the Customer’s terms of reference:
– develop a structural diagram of the website;
– develop a website design concept;
– perform content layout (website content);
– provide programming, adaptation and testing services for the Customer’s website;
– to assemble the website in accordance with the terms of reference, the selected design concept of the website and the Agreement;
– to test the website;
– provide services for connecting the software module.
5.1.4. Upon completion of each stage of the website development, to coordinate with the Customer the services provided in writing by means of electronic communication (as well as messengers Viber, Telegram, WhatsApp) within the deadline set by the Contractor, which is the basis for closing the completed stage of development and moving to the next stage.
5.1.5. Only after the current stage of website development is completed and approved by the Parties, the transition to the next one takes place.
5.1.6. All subsequent changes and additions in the completed stage of the website development, including those not taken into account or previously unknown, requiring additional work or an increase in the volume of work, are recorded in writing by means of electronic communication (as well as messengers Viber, Telegram, WhatsApp) and approved by the Parties before the start of work with the designation of the essence,
5.1.7. Ensure that the quality of the website meets the requirements of the terms of reference.
5.1.8. Transfer to the Customer a copy of the website, login, password and source code.
5.1.9. Eliminate grammatical and spelling errors in the content of the website identified by the Customer free of charge.
5.1.10. Familiarize the Customer with the requirements, compliance with which ensures the effective use of the website, as well as with the possible consequences of non-compliance with these requirements.
5.1.11. Install and configure the software.
5.1.12. Inform the Customer about all circumstances affecting the change in the period of provision of services, their cost.
5.1.13. Upon detection of possible adverse consequences for any Party, notify the Customer about this and suspend the provision of services until receiving instructions from him.
5.1.14. After resolving the issues that caused the suspension of work for more than 30 (thirty) days, the Parties agree on new terms of service provision by making changes to the terms of reference.
5.1.15. To ensure the safety of documents and materials received from the Customer for the development of the website.
5.1.16. Refrain from transmitting information about the Customer’s website credentials to third parties, except in cases concerning illegal actions of the Customer, on the basis of a written request from authorized state bodies.
5.2. The Contractor has the right to:
5.2.1. Refuse to develop the website and post the information provided by the Customer if its content does not comply with the legislation of the Republic of Belarus.
5.2.2. Refuse to develop the website and post the information provided by the Customer, in the event of reasonable circumstances preventing it, with subsequent notification to the Customer.
5.2.3. Require the Customer to pay for the services provided within the time agreed by the Parties.
5.2.4. To provide services under the Agreement independently or to involve third parties to perform the work without the consent of the Customer. In case of involvement of third parties to perform the work, the Contractor is responsible to the Customer for the quality and timeliness of the provision of services.
5.2.5. Refuse to develop the website and post the information provided by the Customer in the event of a change in the legislation of the Republic of Belarus that prevents the Contractor from fulfilling the Agreement. 5.2.6. Request from the Customer additional information, documents, explanations and additional information related to the development and necessary for the fulfillment of obligations under the Agreement.
5.2.7. Unilaterally make changes, additions to the Agreement, about which the Customer is considered duly notified, from the moment of publication of the amended version of the Agreement on the website www.exore.pro/en .
5.2.8. In case of a delay in the provision of necessary materials by the Customer, as well as a delay in the performance by the Customer of certain actions specified in the Agreement, increase the period of provision of services by the number of days of delay.
5.2.9. In case of violation by the Customer of the terms of money transfer, suspend the provision of services for the period of delay allowed by the Customer.
5.2.10. Develop and transfer the website to the Customer ahead of schedule.
5.2.11. Place on the pages of the Customer’s created website the words “Website creation”, its name and hyperlink (specify) www.exore.pro/en to your own website. At the same time, the text and hyperlink are placed taking into account the design.
5.3. The Customer is obliged to:
5.3.1. Upon the request of the Contractor, submit in writing by means of electronic communication (Direct on Instagram, as well as messengers Viber, Telegram, WhatsApp) an application containing the terms of reference and which is an integral part of the Agreement.
5.3.2. If during the development of the website the type of activity of the Customer requires a corresponding license, provide the Contractor with a copy of this license.
5.3.3. At the request of the Contractor, provide a copy of the certificate of state registration or the charter (constituent agreement – for a commercial organization operating only on the basis of the constituent agreement) with a stamp certifying the state registration.
5.3.4. Provide the Contractor with the necessary text, graphic, audio, video, photo information, details and other materials intended for the development of the website and placement on it, within 5 (five) days after the date of conclusion of the Agreement. The transfer of information materials is carried out in writing by means of electronic communication (as well as messengers Viber, Telegram, WhatsApp).
5.3.5. Provide translations of information materials for various language versions of the website and provide them to the Contractor in the language of the version.
5.3.6. Test the intermediate results of the website development, comply with the deadlines for their approval.
5.3.7. Confirm the approval of each stage of the result of the work by a written message by means of electronic communication (as well as messengers Viber, Telegram, WhatsApp).
5.3.8. In case of software errors, immediately inform the Contractor about the detected errors in writing by means of electronic communication (as well as messengers Viber, Telegram, WhatsApp).
5.3.9. Check the content of the website for grammatical and spelling errors. In case of their detection, immediately inform the Contractor in writing by means of electronic communication (as well as messengers Viber, Telegram, WhatsApp).
5.3.10. Website errors detected and declared by the Customer in writing by means of electronic communication (as well as messengers Viber, Telegram, WhatsApp) during the testing period are classified by the Contractor and, subject to the testing period, corrected by the Contractor free of charge.
5.3.11. Accept the result of the services rendered by the Contractor and sign the acceptance certificate (hereinafter the Act) on the day of acceptance of the website by the Customer.
5.3.12. The date of transfer of the website to the Customer is the date of signing the Act of Services rendered.
5.3.13. After signing the Act, the period of operation of the website by the Customer begins. All subsequent changes (additions) are made within the framework of new agreements and technical specifications for the development of additional or changes to existing functionality.
5.3.14. With the commissioning of the website by the Customer, the obligations of the Contractor under this Agreement are considered to be fulfilled qualitatively and completely.
5.3.15. Pay for the Contractor’s services in accordance with the procedure and terms established by the Agreement.
5.3.16. In case of any delay of the Customer (in particular, in payment for services, testing of intermediate results, etc.), which does not allow the Contractor to continue working, for more than 30 (thirty) days, the Parties agree on new terms of service provision by making written changes to the terms of reference. The Contractor suspends the provision of services for the time of agreeing on new terms.
5.3.17. In case of early termination of the Agreement, at the request of the Customer, pay for the work performed on the basis of actual costs.
5.3.18. Keep the Contractor’s trade secret, which became known to the Customer during the execution of the Agreement, and use the information containing the trade secret only for purposes related to the execution of the Agreement.
5.3.19. Register the domain name and hosting/server independently and at your own expense and provide the information to the Contractor.
5.3.20. Save the words “Creating a website”, the name of the Contractor and the hyperlink on the pages of the created website (specify) www.exore.pro/en . to the Contractor’s website until the moment of receipt of the Contractor’s written refusal to place a hyperlink on the Customer’s website. 5.3.21. In the event of a change in the terms of reference, the parties sign and additionally agree whether these actions are a clarification of the terms of reference, its specification or a change.
5.4. The Customer has the right to:
5.4.1. Require the Contractor to fulfill its obligations in accordance with the terms of the Agreement.
5.4.2. To monitor the fulfillment of agreementual obligations by the Contractor in any way that does not violate the interests and rights of the Contractor.
5.4.3. Make changes to the website within the terms of reference and during the period of provision of services established by the Parties.
5.4.4. Contact the Contractor to obtain information concerning the execution of the Agreement. 5.4.5. Require the elimination of deficiencies in the operation of the website related to its development during the warranty period.
6. THE ORDER OF DELIVERY AND ACCEPTANCE OF SERVICES RENDERED
6.1. At the end of each stage, as well as the provision of services in general, the Contractor informs the Customer in writing by means of electronic communication (as well as messengers Viber, Telegram, WhatsApp) about the readiness of the result, including the date, time and method of delivery and acceptance.
6.2. Following the results of acceptance, the parties to the Agreement sign a bilateral Act on the day of acceptance of the website. The Contractor compiles and sends to the Customer by means of electronic communication (as well as messengers Viber, Telegram, WhatsApp) The act, and the Customer signs it on the day of acceptance or sends the Contractor a reasoned refusal to sign it.
6.3. In case of non-receipt of claims to the Contractor within 3 days or a reasoned refusal to accept the services rendered, the services are considered accepted, performed qualitatively and on time.
6.4. After signing the Act, the completed stage of development is considered closed, performed qualitatively, in full according to the Customer’s terms of reference, as well as oral recommendations and adjustments during development.
6.5. If the Contractor performs the work ahead of schedule, the Customer has the right to accept the services provided under this Agreement ahead of schedule.
6.6. In the process of delivery and acceptance of the services rendered, the following are performed:
– checking the website for compliance with the terms of reference and characteristics;
– checking the website for its hardware and software compatibility with the server;
– checking for language errors;
– visual viewing of the website by the Customer in order to identify and eliminate minor errors.
6.7. The acceptance certificate is the basis for the final payment of services.
7. QUALITY OF WORK AND GUARANTEES
7.1. The quality of the result of the services rendered is determined by the degree of its compliance with the requirements of the terms of reference.
7.2. The software developed in accordance with the terms of reference and accepted by the Customer is subject to a warranty period of 30 (thirty) days from the date of signing the Act.
7.3. During the warranty period, the Contractor performs warranty maintenance of the website, which includes:
7.3.1. consultations of users (employees of the Customer) on the specifics of the work and use of the website via e-mail (as well as messengers Viber, Telegram, WhatsApp) on working days from 9.00 to 18:00 h (GMT+3);
7.3.2. acceptance of complaints on specific detected errors and gratuitous elimination of deficiencies in the operation of the website caused by the Contractor, after receiving notification of deficiencies from the Customer. After the expiration of the warranty period, works related to the elimination of defects are performed on the basis of an additional Agreement.
7.4. During the warranty period, the Contractor corrects the detected errors free of charge in the following cases::
7.4.1. inconsistencies of the functionality of the software and other results with the terms of reference;
7.4.2. incompatibilities of the developed software with third-party software and equipment, with other components listed in the terms of reference.
7.5. The performance of the warranty obligations is provided that the software and the third-party software integrated with it have not been modified by any possible means. 7.6. Warranty obligations do not apply to deficiencies resulting from the actions of third parties, or force majeure circumstances, or any deficiencies (failures) in the operation of computer or telecommunications equipment.
8. EXCLUSIVE RIGHT
8.1. Rights to the website as a whole:
8.1.1. The rights and obligations of the parties with respect to the website and its components arise at the time of creation of the website.
8.1.2. The Website as a whole is a composite work and is subject to copyright. At the time of creation, the exclusive right to the website as a composite work belongs to the Performer.
8.1.3. The compiler (assembler) of the website is the Contractor.
8.1.4. The following copyright objects are included in the website as a composite work:
– the computer program that ensures the functioning of the website (hereinafter referred to as the computer program);
– website design.
8.1.9. The Contractor undertakes to ensure that he has the exclusive right to use the website as an integral object, to use the design of the website, as well as the computer program that are an integral part of the website, and to allow other persons to use them by the time the Act is signed and the transfer of the material object in which the website is embodied to the Customer.
8.1.10. The Contractor undertakes to cede the exclusive right to use the website as an integral object to the Customer in full for the entire duration of copyright on the territory of all countries of the world from the moment of signing the Act and transferring the material object in which the website is embodied to the Customer.
8.1.11. The cost of assignment of the exclusive right to use the website as an integral object is included in the cost of services and is not subject to additional payment.
8.2. Rights to a computer program as part of the website:
8.2.1. The Contractor has the exclusive right in relation to the computer program that will be part of the developed website.
8.2.2. The Customer will not have the right to use the modules in any way separately from the website and allow such separate use to another person.
8.2.3. The Customer will not have the right, except in cases expressly provided for by the legislation of the Republic of Belarus or the Agreement, to make changes to the source text of the website, as well as to the computer program as a whole, to modify the design, adapt, decompile the computer program on the basis of which the website operates.
8.2.4. The cost of a simple (non-exclusive) license to use a computer program that will be an integral part of the website and ensure its functioning is included in the cost of services and is not subject to additional payment.
8.3. Website Design Rights:
8.3.1. The Contractor undertakes to ensure that he has the exclusive right to use the design of the created website and allow other persons to use it by the time of signing the Act and transferring the material object in which the website is embodied to the Customer. 8.3.2. The Contractor undertakes to cede the exclusive right to use the design of the created website to the Customer in full for the entire duration of copyright on the territory of all countries of the world from the moment of signing the Act and transferring the material object in which the website is embodied to the Customer.
8.3.3. The cost of assignment of the exclusive right to use the website design is included in the cost of the work and is not subject to additional payment.
8.4. Rights to other objects of copyright and intellectual property as part of the website.
8.4.1. The website, as a composite work, may include copyright objects that do not require the author’s consent to use them: database; musical works with or without text; works that are exclusively text; audiovisual works; paintings, graphics, graphic stories, comics and other works fine art; photographic works and works obtained by methods similar to photography; animation works; geographical, geological and other maps, plans, sketches and others.
8.4.2. The Customer’s intellectual property objects may be included in the website as a composite work.
8.5. Exclusive right to the software (including all intermediate versions of the software, individual modules, source text, object code, documentation, graphics, music, sounds, images, design, icons, pictures, etc.):
transferred (assigned) to the Customer in full and for the entire period of validity after signing the act acceptance-delivery of services rendered and full payment of the result of work.
The Customer has the right to register the elements included in the software as trademarks or use them as logos without such registration;
8.6. The Contractor guarantees that when providing services it will respect the rights of third parties, will not use open codes and other licensed products without prior agreement with the Customer. 8.7. The Contractor guarantees that agreements with its employees, as well as with third parties involved in the work, will contain a condition on the assignment by each of them of the exclusive right to the result of their work, consent to the use of the result of their work without specifying their names, as well as consent to the publication, modification, modification, abbreviations, additions to the result of the work. Consent is not limited by the term.
9. CONFIDENTIALITY
9.1. The Parties maintain confidentiality of the following information:
– terms of the agreement (including appendices);
– technical solutions, algorithms;
– any information in respect of which the Party providing such information declares confidentiality, including such as software development plans; business plans; any information on sales and prices of the software product that may be discussed by the Parties; financial information of any kind; operational information; intellectual property; technical data of any kind, including documentation, drawings, designs, models, reports, surveys and formulas; software product architecture, programming language; questionnaires; correspondence; data and databases; specifications; concepts; plans; methods; methods of development, etc. Information can be written, oral or stored on electronic, magnetic or other media.
9.2. The Parties have agreed that information with the following characteristics is not confidential:
– information that is publicly available at the time of its disclosure by one of the Parties to the Agreement or which subsequently becomes publicly available for reasons beyond the control of the will and actions of the Party who received this information;
– information that was at the disposal of the Party that received this information at the time of the provision of information by the other Party, as evidenced by written or other material evidence;
– information that is disclosed to the recipient by a third party that has an unlimited right to such disclosure.
9.3. The Parties ensure the protection of confidential information not lower than the level of protection of their trade secrets.
Each Party acknowledges that any confidential information disclosed by the other Party is the valuable and unique property of the other Party. Each Party undertakes and agrees that it will not disclose to a third party any confidential information that it receives from the other Party, and will not use such information for any purposes that directly or indirectly entail violations of confidentiality, without first obtaining the written permission of the Party that provided the information for disclosure. Each Party agrees to use all reasonable means and methods to protect against unauthorized use or disclosure of confidential information received from the other Party.
9.4. The Parties have the right to disclose confidential information to persons involved in software development to the extent necessary for work.
9.5. The Parties have the right to disclose information about cooperation with each other.
9.6. The Contractor has the right to include a description of the software in its portfolio without disclosing details, algorithms and solutions. If there are doubts about the scope of the disclosed information, the Contractor must request the consent of the Customer.
10. LIABILITY OF THE PARTIES
10.1. The Parties are responsible for the culpable violation of agreementual obligations in accordance with the legislation of the Republic of Belarus.
10.2. In case of violation of the payment deadlines set out in Section 4 of the Agreement, the Customer pays a penalty in the amount of 0.1% of the untimely transferred amount for each day of late payment.
10.3. The Contractor shall not be liable for violation of the terms of performance of the Agreement if the Customer has not submitted all documents, information (explanations, descriptions, clarifications, methods, systems, etc.), has not provided access to materials and systems necessary for the provision of services under the Agreement, and also has not provided information that has essential for the execution of the Agreement.
10.4. If the Agreement cannot be executed due to the fault of the Customer, the services are subject to payment in full.
10.5. In cases where the impossibility of execution arose due to circumstances for which neither Party is responsible, the Customer reimburses the Contractor for the expenses actually incurred by him, unless otherwise provided by the legislation of the Republic of Belarus.
10.6. The Contractor is not responsible for the authenticity of the documents and information provided by the Customer.
10.7. Disputes and disagreements arising during the performance of the Agreement are resolved through negotiations.
10.8. When sending a claim to one of the Parties, the recipient of the claim notifies the applicant in writing about the results of the claim review within 10 days from the date of its receipt. Failure to receive a response to the claim within the prescribed period does not prevent the applicant from applying to the court in accordance with the procedure established by the legislation of the Republic of Belarus.
11. FORCE MAJEURE CIRCUMSTANCES
11.1. Neither Party will be liable for full or partial non-fulfillment of obligations under the Agreement if such non-fulfillment is caused by force majeure circumstances, namely: floods, fires, earthquakes and other natural disasters, strikes, public unrest, armed conflicts and clashes, military actions, resolutions and actions of state and other bodies, preventing the Parties from carrying out their economic activities and fulfilling the Agreement.
11.2. The Party for which it has become impossible to fulfill its obligations under the circumstances specified in clause 11.1 of the Agreement is obliged to immediately, but no later than 5 (five) days in writing by means of electronic communication (as well as messengers Viber, Telegram, WhatsApp) notify the other Party of the beginning and termination of the above circumstances.
Failure to notify or untimely notification deprives the Party of the right to refer to any of the above circumstances as grounds for releasing from liability for non-fulfillment of obligations under the Agreement.
11.3. If force majeure circumstances have affected the possibility of fulfilling obligations, the deadline for fulfilling obligations is proportionately postponed for the duration of the relevant obligations and (or) their consequences. 11.4. If force majeure circumstances last for more than 6 (six) months, then each of the Parties has the right to refuse to fulfill its obligations under the Agreement in whole or in part, and in this case neither of the Parties has the right to demand compensation from the other Party for any possible losses.
12. THE PROCEDURE FOR MAKING AMENDMENTS AND ADDITIONS TO THE AGREEMENT
12.1. Amendments and (or) additions to the Agreement are made unilaterally by the decision of the Contractor.
12.2. Amendments and (or) additions made by the Contractor to the Agreement in connection with changes in the legislation of the Republic of Belarus shall enter into force simultaneously with the entry into force of changes in the acts of the legislation of the Republic of Belarus.
12.3. The text of amendments and (or) additions to the Agreement or its new version is brought to the general attention by the Contractor by posting (publishing) relevant information on the website www.exore.pro/en .
12.4. In case of disagreement with the amendments and (or) additions, the Customer has the right to terminate the Agreement within 10 (ten) working days from the date of entry into force of the amendments and (or) additions, notifying the Contractor in writing by means of electronic communication (as well as messengers Viber, Telegram, WhatsApp).
12.5. Notice of termination of the Agreement is also recognized as any written notice of the Contractor sent by electronic means (as well as messengers Viber, Telegram, WhatsApp), disagreement with the amendments and (or) additions to the new version of the Agreement or refusal to comply with its terms.
12.6. The Parties unconditionally agree that silence (absence of written notifications by means of electronic communication (as well as messengers Viber, Telegram, WhatsApp) on termination of the Agreement or disagreement with its individual provisions, including changes in the cost of services, is recognized by the Customer’s consent to the new version of the Agreement (Clause 3 of Article 159 of the Civil Code).
13. OTHER CONDITIONS
13.1. By concluding the Agreement, the Customer hereby declares that:
he guarantees that the technical tasks provided to him do not contradict the legislation of the Republic of Belarus, do not violate the rights and legitimate interests of third parties (personal, property), do not damage their honor, dignity and business reputation and do not contain illegal materials;
– the information provided by them when making an application for the provision of services for the development of a website is complete and reliable;
– he is aware and agrees that some of the information he provided when making the application may be available to third parties due to the requirements of the legislation of the Republic of Belarus.
13.2. If any of the terms of the Agreement loses its legal force, is declared illegal or is excluded from the Agreement, this does not entail the invalidity of the remaining terms of the Agreement, which will remain legally binding and binding on all Parties.
13.3. In the event of a change in the name, legal or postal address, bank details, etc., the party that has made the changes is obliged to notify the other party in writing by means of electronic communication (as well as messengers Viber, Telegram, WhatsApp) within 3 (three) working days after the date of the relevant decision.
13.4. The Parties undertake to immediately inform each other of any difficulties that may lead to non-fulfillment of certain terms of the Agreement, in order to coordinate and take the necessary measures.
13.5. Working materials, comments, requirements are transmitted by the Customer and the Contractor to each other in writing by means of electronic communication (as well as messengers Viber, Telegram, WhatsApp).
The Parties recognize the legal force of documents and information transmitted through these types of communication.
13.6. All issues not regulated by the Agreement are resolved in accordance with the current legislation of the Republic of Belarus.
13.7. The Parties unconditionally agree that the Agreement is concluded at the location of the Contractor. 13.8. The Parties unconditionally recognize the legal force of the text of the Agreement.
14. DETAILS OF THE PARTIES
14.1. The Parties agree to consider the information specified by the Customer when making an application for the provision of services for the development of the website as the details of the Customer.
14.2. Details of the Contractor:
Individual entrepreneur Nemets Yury Yurievich
| Registration address: | Belarus, Svisloch, Dzerzhynskogo str. 20 |
| Bank details: | Current account SWIFT bank code ALFABY2X BYN account: BY83ALFA30132653990010270000 in Alfa-Bank CJSC address: 43-47 Surganova str., Minsk, 220013 |
| UNP | 591852297 |
| nemetsyuriy@gmail.com |