PUBLIC OFFER AGREEMENT
FOR THE PROVISION OF SERVICES
The provisions of this Agreement set forth below constitute a public offer and a public contract. In accordance with Articles 633 and 641 of the Civil Code of Ukraine, the terms of the public offer and public contract are identical for all users (Customers). In accordance with Article 642 of the Civil Code of Ukraine, payment for the services constitutes the acceptance of this offer, which is equivalent to the conclusion of an agreement on the terms set forth below. This public offer and its terms are identical for all business entities or individuals.
Sole Proprietor Potapchuk Vladyslav (hereinafter referred to as the "Contractor"), on the one hand, guided by the current legislation of Ukraine, makes an offer (public offer) to an individual and/or business entity (hereinafter referred to as the "Customer"), hereinafter jointly referred to as the "Parties", and individually as a "Party", to conclude a public agreement for the provision of services (hereinafter referred to as the "Agreement") on the following terms:
1. General Provisions
1.1. This Agreement defines the specifics of the provision and payment for the Services specified in this Agreement and presented on the Contractor's website https://obra.agency or offered to the Customer additionally during negotiations.
1.2. The Agreement is a proposal (Public Offer) to an unlimited number of persons, regardless of their status (individual and/or business entity), to conclude an Agreement with the Contractor by means of full and unconditional acceptance of the terms of this Agreement.
1.3. The Agreement is a contract of adhesion within the meaning of Article 634 of the Civil Code of Ukraine, as its terms are determined by the Contractor and can be accepted by the Customer only by adhering to the proposed Agreement as a whole.
1.4. Full or partial (by agreement between the Parties) payment by the Customer of the cost of the services by transferring funds to the Contractor's bank account (IBAN) shall be deemed adherence to the Agreement.
1.5. When paying for the Services, the Customer shall indicate in the payment purpose a formulation that allows identifying the payment as being made on the basis of this Agreement, for example: "Payment for services under the public offer agreement dated [payment date]".
1.6. The fact of making a payment under this Agreement is considered confirmation that the Customer has read the terms of this offer, accepted them in full, and concluded the Agreement with the Contractor.
1.7. This Agreement has full legal force in electronic form, without the signing of hard copies. Documents created and transmitted by the Parties via email or messengers (Telegram, etc.) are equivalent to written evidence.
1.8. By accepting this Offer, the Customer gives the Contractor consent to collect and process their personal data in accordance with the Law of Ukraine "On Personal Data Protection" solely for the purpose of proper provision of services, communication, and accounting.
2. Subject Matter of the Agreement
2.1. Under the terms and conditions provided for in this Agreement, the Contractor may provide the Customer with a range of services and works in the field of Digital consulting, strategic business support, analytics, business positioning, brand communication, and advertising (hereinafter referred to as the "Services"), and the Customer undertakes to accept the provided Services and pay for them in the amount, within the time limits, and in the manner prescribed by this Agreement and the mutual agreement of the Parties.
2.2. The Services are provided online via Zoom, Telegram, Google Meet, Email, etc., as agreed upon by the Contractor and the Customer.
2.3. The Contractor works with the Customer's service/product, in particular through analytics, consultations, and planning.
2.4. Examples of service packages:
2.4.1. Audit & Action — quick diagnostics and launch (from UAH 25,000);
2.4.2. Strategic Sprint — strategy and launch in 30 days (from UAH 45,000 / 30 days);
2.4.3. Digital Partner — comprehensive digital support (from UAH 75,000 / 30 days);
2.4.4. Expert Call — one-time strategic consultation (from UAH 5,000 / 60 min).
2.5. The names, prices, and content of the packages may be changed upon agreement between the Contractor and the Customer.
2.6. The Services may be provided by the Contractor on a one-time basis, as a package, upon specific requests of the Customer, or on a regular basis subject to a monthly fee.
3. Confidentiality
3.1. By agreement between the Parties, in most cases, the Services are provided under a Non-Disclosure Agreement (NDA).
3.2. The portfolio of works is not published by the Contractor in order to prevent the disclosure of information.
4. Terms of Service Provision
4.1. To order the Services, the Customer fills out a feedback form available on the Contractor's website, or contacts the Contractor using the contact details posted on the Contractor's website, via the Contractor's official social media pages, or using other forms belonging to the Contractor.
4.2. The Parties shall agree on the list of Services, terms of their provision, cost of the Services, and other conditions through electronic correspondence using electronic means of communication, online meetings, etc.
4.3. After the provision of the services, at the Customer's request, the Contractor may send a Certificate of Completion (in PDF format) or a report.
4.4. If the Customer does not request the signing of the Certificate of Completion within three (3) business days after the completion of the services, the Services shall be deemed duly accepted in full.
5. Rights and Obligations of the Parties
5.1. The Customer is obliged to:
5.1.1. Provide the Contractor, upon their request and within the timeframe and manner specified by them, with the materials, information, and documentation necessary for the provision of the Services.
5.1.2. Pay for the Services rendered by the Contractor in the amount, within the time limits, and in the manner prescribed by this Agreement and/or the agreement of the Parties.
5.1.3. Notify the Contractor of any changes to their email address and other details.
5.1.4. Familiarize themselves with the terms of this Agreement posted on the Contractor's website.
5.1.5. Provide accurate and complete information necessary for the execution of the Agreement and the execution of the necessary documents by the Contractor.
5.2. The Customer has the right to:
5.2.1. Receive Services of appropriate quality in accordance with the terms of this Agreement and the agreement of the Parties.
5.2.2. Demand confidentiality of actions on the part of the Contractor.
5.2.3. Contact the Contractor regarding reporting issues on the work performed.
5.3. The Contractor is obliged to:
5.3.1. Provide the Services properly, within the timeframe and under the conditions agreed between the Parties.
5.3.2. Provide the Customer, upon their request, with information on the progress of the provision of Services, and provide a report on the work performed upon the Customer's request.
5.3.3. Maintain confidentiality in cases agreed upon by the Parties.
5.4. The Contractor has the right to:
5.4.1. Receive from the Customer the necessary documentation, information, and materials required for the provision of the Services by the Contractor under this Agreement and by agreement of the Parties.
5.4.2. Receive payment for the Services rendered in accordance with the terms of this Agreement and the agreement of the Parties.
6. Liability of the Parties
6.1. For breach of the Agreement, the Parties shall be held liable in accordance with the provisions of the current legislation of Ukraine and the terms of this Agreement.
6.2. A breach of the Agreement is its non-fulfillment or improper fulfillment, i.e., violation of the conditions determined by the content of this Agreement.
7. Termination and Refund Policy
7.1. In the event of early termination of the Agreement initiated by the Customer after the commencement of the Services, the payment (advance) made shall not be refunded and shall be retained by the Contractor as compensation for the reserved time and work actually started.
7.2. In the case of services provided on a regular (monthly) basis (e.g., the "Digital Partner" package), the Customer must notify the Contractor in writing of the termination of the Agreement and cessation of cooperation at least 30 (thirty) calendar days in advance.
8. Results of Services and Limitation of Liability
8.1. All ideas, strategies, analytics, and materials provided by the Contractor in the course of providing the Services shall freely pass into the Customer's use for their business needs upon full payment for the Services.
8.2. The Contractor provides consulting services and strategic recommendations based on their experience. However, the Contractor shall not be liable for the final financial, commercial, or other business result of the Customer's implementation of the developed strategies, as success depends on many external factors, market conditions, and the Customer's own actions.
9. Force Majeure
9.1. The Parties shall be released from liability for non-fulfillment or improper fulfillment of their obligations under this Agreement if it occurred as a result of force majeure circumstances.
9.2. In addition to standard events (natural disasters, fires, etc.), the Parties unconditionally include among such circumstances: prolonged power outages (blackouts), lack of internet connection, air raid alerts, military actions, and their consequences that objectively make it impossible to provide services within the specified time limits. The deadlines for the provision of services shall be extended in proportion to the duration of such circumstances.
10. Dispute Resolution
10.1. All disputes and disagreements that may arise regarding this Agreement shall be resolved by the Parties through friendly negotiations and the search for a compromise.
10.2. In the event of questions or claims, the Customer shall contact the Contractor through official communication channels (Telegram, Email), and the Contractor undertakes to review the request and provide a response within 14 (fourteen) calendar days.