PUBLIC OFFER AGREEMENT
1. This document is a public offer of IT-promotion - a company, providing professional web services and digital products hereinafter referred to as «Contractor», and contains all the essential terms of the provision of information and consulting services.
2. The Public Offer is an official document and published on the website of the Contractor at the address: http://it-promotion.net/public-offer-agreement
3. In case of payment for services, legal entity or individual thereby confirming the adoption and acceptance of the following terms of the Public Offer and becomes the Customer. The Contractor and the Customer are the Parties of the Public Offer.
4. Public Offer does not require signing and stamped by the Customer and maintaining full force and effect.
SUBJECT OF THE AGREEMENT
1. In accordance with the terms of this Agreement, the Contractor shall send a link to download the products after the Customer undertakes to pay for selected items.
RIGHTS AND OBLIGATIONS OF THE PARTIES
The Contractor undertakes to:
1. Organize and ensure the proper provision of services: send a link to download a product.
2. Use all personal data and confidential information about the Customer only for provision of services, do not transfer and do not show information indicated in documentation and customer information to the third parties
3. Give oral and written consultations on additional issues of the Customer. The amount and timing of counseling, and the form of consultation is determined in each case independently by the Contractor.
The Contractor is entitled to:
1. Unilaterally determine the value of the services provided and to change the terms of this Public Offer.
2. Independently determine the form and methods of services providing on the basis of legal requirements, technical capabilities, as well as the specific conditions of the agreement taking into account wishes of the Customer.
3. To demand payment for rendered services or for services which are providing.
4. To refuse providing services for Customer in the case of non-payment (partial payment) for services in a timely manner, at untimely providing of the application for the provision of services.
Contractor products can include (but are not limited to):
A regular license of products allows to download an item to be used in one project for either personal or commercial use by you or on behalf of a client. The item cannot be offered for Resale either on its own or as part of a project. Distribution of source files is not permitted.
An extended license allows to download an item to be used in unlimited projects for either personal or commercial use. The item cannot be offered for resale "as-is". It is allowed to distribute/sublicense the source files as part of a larger project.
1. Web Design & Development templates.
2. Mobile/Responsive Development services, app templates.
3. E-Commerce templates.
4. Marketing Services packeges.
5. Plugins, scripts, extensions.
The Customer undertakes:
1. Timely and fully pay the cost of Contractor’s providing services in the order, in time and in the amount set forth herein.
2. To provide the Contractor with all the information and data which would be necessary to fulfill its obligations under Agreement
3. Do not disclose confidential information and other data provided by the Contractor in connection with the execution of this Agreement.
5. The Customer has the right to demand from the Contractor to provide information about the organization and proper ensuring of the Services provision.
COST OF SERVICES AND PAYMENT PROCEDURE
The costs of services are determined by the Contractor
Payment for Services under this Agreement shall be made on the basis of 100% prepayment.
By entering into this Agreement, Customer hereby acknowledge and agree that it is expressly subject to all warranties, promises and guarantees given and made by Customer as are set forth in the Terms of Service.
All fees, services, documents, recommendations, and reports are confidential
1. Parties agree that each shall maintain and not disclose any and all confidential or proprietary information that is received from the other as a result of or in connection with Agreement and Services provided in connection therewith.
2. Neither Customer nor Contractor will, without the other's prior written consent, disclose to any third party any information concerning the other's proprietary or confidential information and material, including but not limited to the business or method of working of the other party, which may be revealed as a result of or in connection with Agreement and Services, except as required by law, to the extent that such information may become public knowledge, may be acquired or generated by either party independently from something other than by a breach of this clause or to obtain legal or tax advice.
3. This clause shall survive termination of the Agreement.
The Customer enters into this Public Offer voluntarily, while the Customer:
fully acquainted with the conditions of the Public Offer;
fully understands the subject and conditions of the Public Offer;
fully understands the meaning and consequences of their actions in relation to the conclusion and execution of the Public Offer.
The Customer has all the rights and powers required for the conclusion and execution of the Public Offer.
The Customer may at any time unilaterally refuse the Contractor’s Services. In the case of unilateral Customer’s refusal from the Contractor’s Services the payment is not refundable.