Public Contract (Offer) for the Provision of Services

1.1

This document is an official proposal (public offer) by INDIVIDUAL ENTREPRENEUR DMYTRENKO SOFIIA DMYTRIVNA (taxpayer ID / RNOKPP: 3770706565), hereinafter the "Contractor", to enter into a contract for the provision of IT services (hereinafter the "Contract") with any legally capable individual or legal entity, hereinafter the "Client", on the terms set out below.

1.2

This Contract is public in accordance with Articles 633, 634 and 641 of the Civil Code of Ukraine. Its terms are the same for all Clients.

1.3

Acceptance (full and unconditional acceptance of the terms of the Offer) is deemed to be the Client performing any of the following actions:

• Payment for the Contractor's services (including arranging an instalment plan through a partner bank);
• Signing the Technical Specification or approving it in electronic correspondence (by email to info@prometeylabs.com or in the Contractor's official messengers).

1.4

From the moment of Acceptance, the Client confirms that they have read and agree to all terms of this Offer, as well as the Privacy Policy, the Refund Policy and other policies published on prometeylabs.com.

3.1

The Contractor undertakes to provide the Services to the Client, and the Client undertakes to provide the necessary materials, accept and pay for these Services.

3.2

The specific list, scope, cost and timelines of the services are agreed by the Parties in the TS, the Invoice or directly in electronic correspondence.

3.3

Services that are not expressly and unambiguously defined in the TS are not the subject of this Contract. Performing them is deemed additional services and is paid separately.

3.4

The subject of the Contract does not include providing the Client with a domain, hosting/server or paid third-party services, unless expressly stated otherwise in the TS.

4.1

Before work begins, the Client must provide all necessary text and graphic information, access (if required) and corporate requirements.

4.2

If the Client delays providing the necessary information for more than 14 (fourteen) calendar days, the Contractor has the right to unilaterally change the work schedule or terminate this Contract; in this case the prepayment is non-refundable and is retained by the Contractor as compensation for time and resources actually spent and for forced downtime.

4.3 Acceptance procedure and revisions (Revision rounds):

• 4.3.1. The Parties agree to no more than 2 (two) Revision rounds within the base cost of the services. The third and subsequent rounds are paid additionally.
• 4.3.2. After being given access to the test version of the resource or the mockup, the Client must provide a single consolidated list of comments within 3 (three) business days. Once it is submitted, the current Revision round is closed. Adding to the list is not permitted.
• 4.3.3. Revision format: Revisions are accepted only in writing by email or messenger. Voice messages are not accepted for consideration.
• 4.3.4. No subjective revisions: The Contractor does not accept abstract comments ("make it prettier", "play with the fonts", "make it more stylish"). All revisions must be technically or visually justified and must not contradict the TS. The Client's lack of a clear vision is not grounds for refusing to recognise the services as provided.

4.4

Automatic acceptance: If the Client has not provided a consolidated list of defects within 3 (three) business days, the current Revision round is deemed skipped, and the Services at this stage are deemed accepted without comments and subject to full payment.

5.1

The cost of services is set in the issued Invoice, the TS or the relevant Annex, and may be calculated in hryvnias or euros (payable in the hryvnia equivalent at the commercial exchange rate on the day of payment).

5.2 Payment in instalments (Monobank):

• 5.2.1. If the Parties have agreed to pay for the services via the "Pay in Parts" service of JSC "UNIVERSAL BANK" (Monobank), the Client undertakes to successfully complete the transaction within 3 business days of agreeing the TS/issuing the invoice.
• 5.2.2. The Client's payment obligations are deemed fully fulfilled once the bank confirms the transaction and the full amount is credited to the Contractor's account. The Client makes further instalment payments independently to JSC "UNIVERSAL BANK".
• 5.2.3. In this case the Contractor starts work no later than 3 business days after the full amount is received from the bank and all materials are received from the Client.

5.3

Standard payment: Made as a 100% prepayment or by splitting payments (for example, 50/50), agreed individually. Access to the admin panel, servers or source code is handed over to the Client only after 100% payment.

5.4

All advance payments are final. A refund is possible only if there is a complete absence of work results solely through the Contractor's fault (governed in detail by the Refund Policy).

6.1

The Client must not pass keys, passwords or access to third parties until the project has been fully delivered.

6.2

Protection against toxic communication: If the Client breaches business communication ethics (obscene language, insults, threats, blackmail with refund demands), the Contractor has the unconditional right to unilaterally terminate this Contract immediately. In this case the funds paid are non-refundable and are retained by the Contractor as compensation for work actually performed and for losses caused by such behaviour.

6.3

The Contractor has the right to engage third parties (subcontractors) to perform the work without notifying the Client.

7.1

Economic intellectual property rights to the created work (code, design) pass to the Client only after 100% payment for the services.

7.2

The Contractor reserves the right to use the created product in its portfolio (unless otherwise provided by a non-disclosure agreement — NDA).

7.3

Basic algorithms, frameworks and code fragments that are the Contractor's standard solutions remain its property; the Client receives a non-exclusive licence to use them within the developed resource.

8.1

The Contractor provides a lifetime code warranty: technical bugs caused by the Contractor are fixed free of charge with no time limit. In addition, the Contractor provides 1 (one) year of free support from the moment of full payment and handover of access.

8.2

The warranty is void, and the Contractor is not liable for the product's operability, in the event of: interference by the Client or third parties in the source code; changes to hosting settings; updates to third-party APIs, payment systems or modules beyond the Contractor's control.

8.3

The Contractor is not responsible for the information content placed by the Client on the developed resource.

9.1

The Parties are released from liability for breaching the terms of the Contract due to force majeure circumstances (war, hostilities, blackouts, mass power or communication outages, natural disasters, etc.).

9.2

In the event of force majeure, the deadlines for the work are automatically extended for its duration.

10.1

All disputes are resolved through negotiation. If no agreement is reached, the dispute is referred to the court at the Contractor's location.

10.2

The Parties unconditionally recognise the legal force of electronic correspondence (email info@prometeylabs.com and messengers linked to the Parties' contact phone numbers) for agreeing the TS, revisions, mockups and acceptance of work.

10.3

The Contractor has the right to change the terms of this Offer unilaterally by publishing a new version on the website.

• Individual entrepreneur: Dmytrenko Sofiia Dmytrivna
• Taxpayer ID (RNOKPP): 3770706565
• Place of registration: 2 Kvashi St, Myrhorod, Poltava region
• Actual location: Office 2, 46A Taras Shevchenko Blvd, Kyiv
• Bank account: UA633220010000026003350084660 at JSC "UNIVERSAL BANK"
• Email: info@prometeylabs.com
• Phone: +380639520565