The document, the provisions of which are set out below, is a public offer and a public contract. In accordance with the provisions of Articles 633, 641 of the Civil Code of Ukraine, the terms of the public offer and the public contract are the same for all users (Customers). In accordance with Part 2 of Art. 642 of the Civil Code of Ukraine, the signing of the application for accession to the public offer agreement is an acceptance of this offer, which is equivalent to concluding an agreement on the terms set out below.
This public offer is addressed to all individuals and legal entities who wish to use the service and have the technical ability to receive the service.
LIMITED LIABILITY COMPANY “BUHGALTERIO” (hereinafter referred to as the “Contractor”), represented by Director Georgitsa Valentyna Dmytrivna, acting on the basis of the charter, on the one hand, guided by the current legislation of Ukraine, offers (public offer) to an individual and/or legal entity (hereinafter referred to as the Customer), hereinafter jointly referred to as the Parties, and each individually referred to as a Party, to conclude a public contract for the provision of services (hereinafter referred to as the Contract) on the following terms:
1. SUBJECT OF THE AGREEMENT:
1.1. The Customer instructs, and the CONTRACTOR undertakes to perform services at the proper level and transfer the results of this work to the Customer, and the Customer agrees to accept the completed work and pay the Contractor a fee for the performance of the work.
1.2. The Contractor ensures the provision of services to the Customer, the main list of which is provided on the website. When performing the duties specified in clause 1.2., the CONTRACTOR is guided by the current legislation of Ukraine, the interests of the CUSTOMER, this Agreement, and others.
1.3. To fulfill the assignments specified in clause 1.2. of this Agreement, the CONTRACTOR appoints authorized persons who act on the basis of issued powers of attorney.
2. OBLIGATIONS OF THE CUSTOMER AND THE CONTRACTOR
2.1. THE CUSTOMER undertakes:
2.1.1. to timely provide the CONTRACTOR with everything necessary for the fulfillment of the assignments given to it, provided for in this Agreement, in particular: initial information, access keys for paying taxes, working documents and other materials that are necessary for fulfilling the obligations provided for in clause 1.2. of this Agreement;
2.1.2. to timely pay the CONTRACTOR a fee in accordance with the terms of this Agreement, in case of non-payment, the CONTRACTOR reserves the right to suspend the provision of services provided for in this Agreement.
2.1.3. THE CONTRACTOR undertakes:
2.1.4. To provide the Customer with high-quality and timely services;
2.1.5. To be guided by the current legislation on entrepreneurial activity and business companies, accounting and auditing when providing services;
2.1.6. At the request of the CUSTOMER, to report on the progress of the provision of services;
3. REMUNERATION AND PROCEDURE FOR PAYMENT FOR SERVICES
3.1. The cost of basic services for individuals is determined on the website in the list of services.
3.2. The composition of additional (package) services provided by the CONTRACTOR within the framework of subscription services is determined by the choice of the Customer and depending on the amount of payment for services made by him in a certain service period in accordance with the application for accession to this Agreement. The cost of accounting services under this agreement is determined depending on the services selected in accordance with the application for accession to the public offer agreement.
3.3. The term for the provision of services is determined by the term of this agreement and the moment of execution.
3.4. The CONTRACTOR’s remuneration consists of the amounts paid in accordance with duly certified applications for accession to the public offer agreement, annexes, invoices to this Agreement.
3.5. The Contractor is considered to have fulfilled the obligations for subscription services by default, if the CUSTOMER has not provided written comments sent in writing to the address of the CONTRACTOR within three days after the end of the monthly reporting period.
3.6. Vikonavets serves on the basis of this Offer Agreement. The range of main services is indicated on the Vikonavtsya website. Payment for services is made through services such as LiqPay, Apple Pay, Plata and other current payment systems (for example, Google Pay, Stripe, Payoneer, Wise). By making payment for services on the Vikonavtsya website, the client automatically confirms his acceptance of this Offer Agreement. Thus, payment is confirmation that the client has become familiar with the minds and accepts them.
4. LIABILITY OF THE PARTIES
4.1. In case of non-fulfillment or improper fulfillment of obligations under this Agreement, the guilty Party shall be liable in accordance with the current legislation of Ukraine.
4.2. The Customer is obliged to ensure the timely receipt of funds to the current account of the CONTRACTOR. If the CUSTOMER fails to transfer funds to the bank account of the CONTRACTOR in a timely manner, the CONTRACTOR shall cease to provide services under this agreement until the CUSTOMER makes the payment.
4.3. The Customer is obliged to ensure the timely receipt of funds to his own current account for the payment of taxes and fees. In the absence of funds, or in case of an insufficient balance in the current account, the Contractor is released from liability for the late preparation of payment orders.
4.4. In case of violation of their obligations under this Agreement, the Parties shall be liable as determined by this Agreement and the current legislation. A violation of an obligation is its non-fulfillment or improper fulfillment, that is, fulfillment in violation of the conditions determined by the content of the obligation.
5. CONFIDENTIALITY
5.1. THE PARTIES undertake to keep secret “information”, which means the content of the agreement, received and prepared documents, received information and other data provided by each of the Parties to each other in connection with this Agreement, not to open or disclose this information in whole or in part to any third party without the prior written consent of the other party to this Agreement.
5.2. The Parties’ obligations regarding non-use of information will not apply to publicly available information.
5.3. The information provided to the CONTRACTOR in accordance with this Agreement is intended exclusively for him and cannot be transferred to third parties or used in any other way, with the participation of third parties, in whole or in part, without the mutual consent of the Parties.
5.4. The Parties are aware that the proper performance by the CONTRACTOR of its obligations under this agreement is impossible without the systematic provision by the CUSTOMER (on his behalf by third parties: founders, suppliers, etc.) of information that has commercial value for the Customer. The CONTRACTOR undertakes to use the information received by him from the CUSTOMER (on his behalf from third parties: founders, suppliers, etc.), which constitutes a commercial secret of the CUSTOMER, exclusively for the purpose of proper performance of obligations under this agreement.
5.5. The scope of the information provided is determined by the CUSTOMER, taking into account the recommendations of the CONTRACTOR. The CONTRACTOR has the right to contact the CUSTOMER with a request to provide additional information necessary for the proper performance of obligations under this agreement. The CONTRACTOR provides services in accordance with the information actually provided by the CUSTOMER.
5.6. By his signature, the CONTRACTOR confirms his awareness of the CUSTOMER’s attribution to information constituting a commercial secret of information about:
- the actual organization of the CUSTOMER’s business processes;
- plans for the reorganization of the CUSTOMER’s business processes;
- the results of the implemented changes;
- the size of the planned and/or actual financial performance of the CUSTOMER;
- the personnel of the CUSTOMER;
- the CUSTOMER’s obligations to third parties, in particular, obligations to organize the purchase, import, sale of goods;
- concluded or planned to be concluded contracts;
- the volume of sales of products by the CUSTOMER to third parties;
- the principles of pricing for the CUSTOMER’s products;
- clients (suppliers, buyers, etc.);
- the software used by the CUSTOMER in its business activities (access passwords to them, etc.);
- market reviews, marketing research;
- confidential negotiations of the CUSTOMER’s officials with third parties, the subject of which is information covered by the subject of this agreement;
- the structure of the cost, the level of profit of the CUSTOMER;
- the CUSTOMER’s development plans and/or the amount of attracted/used investments;
- the financial condition of the CUSTOMER;
- the size of the planned and/or actual financial performance of the CUSTOMER;
- the conditions for storing information by the CUSTOMER and access to it;
any other information that has the designation (stamp) “COMMERCIAL SECRET”.
6. REPRESENTATIONS OF THE PARTIES
6.1. The Contractor and the Customer, assuming the relevant obligations under this Agreement, represent and warrant to each other that:
6.1.1. They are legal entities, individual entrepreneurs duly established and registered under the laws of Ukraine, individuals.
6.1.2. All internal procedures, regulations and rules of the Parties necessary for the conclusion of this Agreement have been complied with.
6.1.3. The conclusion of this Agreement will not lead to a violation or contradiction with the constituent documents of the Parties or any existing obligations of the Parties to third parties.
6.1.4. Any information in connection with the signing of this Agreement, its terms, the fact of the work may be provided to third parties (including the media) only with the consent of the Parties.
7. DISPUTE RESOLUTION
7.1. Disputes arising between the Parties and disagreements under this Agreement and in connection with it will be resolved by the Parties through mutual consultations and negotiations.
7.2. Disputes and disagreements within the framework of this Agreement, the settlement of which by the Parties is impossible through negotiations, will be submitted to the court.
7.3. In the absence of the Respondent at the legal address, which is confirmed by the return of a registered letter with a claim, the court case is considered in the court at the location of the Plaintiff.
8. FORCE MAJEURE
8.1. The Parties are released from liability for full or partial non-fulfillment of their obligations under this Agreement if it is caused by force majeure circumstances (force majeure), such as: natural disasters, fires, floods, earthquakes, war, blockade, occupation, embargo, prohibitions on export (import), acts or laws issued by state bodies and which are under their control.
8.2. In the event of force majeure, the deadline for fulfilling obligations is postponed in accordance with the time during which such circumstances will be in effect. If these circumstances and their consequences continue for more than 3 (three) months, then each of the parties will have the right to refuse further performance of obligations under this contract and in this case neither of the parties will have the right to compensation by the other party for possible losses.
8.3. The Party for which it became impossible to fulfill its obligations under the contract due to the occurrence of force majeure circumstances is obliged to immediately notify (by telex, fax) the other party, and also within 15 (fifteen) days from the date of the occurrence of force majeure circumstances to send a notice of the established form, issued by a representative of the relevant Chamber of Commerce (Chamber of Commerce and Industry) indicating the existence of the above events, the date of their occurrence and duration.
8.4. Failure to notify or late notification of the occurrence of force majeure circumstances deprives the Party of the right to refer to any of the above circumstances as a basis for exemption from liability for non-fulfillment of obligations. The presence of force majeure circumstances must be confirmed by a representative of the relevant Regional Chamber of Commerce and Industry.
8.5. The parties are not liable for violation of their obligations under this Agreement if it occurred through no fault of their own. A party is considered innocent if it proves that it has taken all measures dependent on it for the proper fulfillment of the obligation.
9. AMENDMENTS AND ADDITIONS TO THE AGREEMENT
9.1. Any amendments and additions to this Agreement are valid only if they are made in writing and signed by duly authorized representatives of the Parties with the affixing of seals. Such amendments and additions are an integral part of the Agreement.
9.2. After the signing of this Agreement, all previous negotiations on it, correspondence, previous agreements and protocols of intent on the issues set out in this Agreement shall lose their legal force.
10. ENTRY INTO FORCE, TERM AND CONDITIONS OF TERMINATION OF THE AGREEMENT
10.1. This Agreement shall enter into force from the moment of payment for services on the website.
Details:
LIMITED LIABILITY COMPANY “BUKHHALTERIO”
EDRPOU: 45922958
Legal address: 01133, Kyiv, Lesi Ukrainky blvd., 34, office 705/2
Bank details:
PJSC COMMERCIAL BANK “PRIVATBANK”
R/R UA903052990000026000014929697
Tel. 0 800 207 821
Status of single tax payer