PUBLIC AGREEMENT (PUBLIC OFFER AGREEMENT)
on the provision of services in the field of informatization
This Agreement, in which one party is an individual entrepreneur Aljaber Ramzi Mohammad, registered in the Unified State Register of Legal Entities and Individual Entrepreneurs in accordance with the procedure established by the current legislation and who is a single tax payer (hereinafter referred to as the Contractor), on the one hand, and any person who has accepted this offer (hereinafter referred to as the Customer), on the other hand, hereinafter jointly referred to as the Parties, and each individually referred to as a Party, have entered into this Agreement (hereinafter referred to as the Agreement) addressed to an unlimited number of persons, which is an official public offer of the Contractor to conclude with any Customer an Agreement on the provision of services in the field of service and accommodation of the highest quality. When ordering and paying for the Contractor’s Services, the Customers accept the terms of this Agreement as follows.
GENERAL PROVISIONS
1.1. This Agreement is concluded by giving the full and unconditional consent (acceptance) of the Customer to conclude the Agreement in full, without signing a written copy of the Agreement by the Parties.
1.2. The Agreement is legally binding in accordance with Articles 633, 641, 642 of the Civil Code of Ukraine and is equivalent to the Agreement signed by the Parties.
1.3. The Customer confirms the fact of familiarization and agreement with all the terms of this Agreement in full by acceptance.
1.4. Any of the following actions shall be deemed acceptance of this public offer agreement: – the fact of registration of the Customer on the Contractor’s Website and placing an Order for the Contractor’s Services on the Contractor’s Website http://https://venecia-hotel.com.ua/; – payment for the Contractor’s Services on the terms and in the manner specified in this Agreement and on the relevant pages of the Contractor’s Website http://https://venecia-hotel.com.ua; – written (including in electronic form by e-mail) notification of the Customer of acceptance of the terms of this Agreement to the e-mail address specified on the website http://https://venecia-hotel.com.ua/.
1.5. By entering into this Agreement, the Customer automatically agrees to the full and unconditional acceptance of the provisions of this Agreement, prices for the Services and all annexes that are integral parts of the Agreement.
1.6. If the Customer does not agree with the terms of the Agreement, he/she shall not be entitled to enter into this Agreement and shall not be entitled to use the Services under this Agreement.
TERMS AND DEFINITIONS
“Public Offer Agreement” means a public agreement, a sample of which is available on the Website http://https://venecia-hotel.com.ua/.
“Acceptance” – the Customer’s full and unconditional consent to the conclusion of this Agreement in full, without the signing of a written copy of the Agreement by the Parties.
“Services” – a Service or several Services in the field of service and accommodation of the highest quality, provided by the Contractor, and specified by the Contractor in the relevant section of the Contractor’s Website http://https://venecia-hotel.com.ua/.
“Customer” – any legally capable individual, legal entity, individual entrepreneur who has visited the Website http://https://venecia-hotel.com.ua/ and accepted this Agreement.
“Contractor” – a business entity, individual entrepreneur providing services in the field of service, top-class accommodation and whose details are specified in Section 12 of this Agreement.
“Order” means a duly executed application of the Customer for the Services addressed to the Contractor.
SUBJECT OF THE AGREEMENT
3.1 The Contractor undertakes to provide the Customer with the Services in the field of service and living conditions of the highest quality under the terms and in the manner specified in this Agreement, and the Customer undertakes to accept and pay for the ordered Services under the terms and in the manner specified in this Agreement.
3.2. The Customer and the Contractor confirm that this Agreement is not a fictitious or sham transaction or a transaction concluded under the influence of pressure or fraud.
3.3 The Contractor confirms that it has the right to carry out activities in the field of service provision in accordance with the requirements of the current legislation of Ukraine.
4 RIGHTS AND OBLIGATIONS OF THE CONTRACTOR
4.1 The Contractor shall be obliged to:
fulfill the terms of this Agreement;
provide the Customer with the Services of proper quality;
objectively inform the Customer about the Services and the terms of their provision on the Website http://https://venecia-hotel.com.ua/. 4.2. The Contractor has the right to
unilaterally suspend the provision of services under this Agreement in case of violation by the Customer of the terms of this Agreement;
other rights in accordance with the current legislation of Ukraine and this Agreement.
5 RIGHTS AND OBLIGATIONS OF THE CUSTOMER
5.1. The Customer is obliged to:
timely pay for and receive the Order on the terms of this Agreement;
to familiarize themselves with the information about the Services posted on the Contractor’s website.
5.2. The Customer has the right to: place an Order for the Services specified on the corresponding page of the Website http://https://venecia-hotel.com.ua/;
require the Contractor to provide the Services in accordance with the terms of this Agreement;
other rights in accordance with the current legislation of Ukraine and this Agreement.
6 ORDERING PROCEDURE
6.1. The Customer independently places an Order on the relevant page of the Website http://https://venecia-hotel.com.ua/ by adding the Services to the virtual basket by clicking the appropriate “Add to Cart” button, or using the payment system by clicking the “Buy” button, or by placing an order by e-mail or by calling the phone number indicated in the contact section of the Website http://https://venecia-hotel.com.ua/.
6.2. The term for processing the Order by the Contractor is up to 3 (three) business days from the date of its execution. If the Order is sent on a weekend or a holiday, the processing time of the Order starts from the first working day after the weekend.
CONTRACT PRICE AND PAYMENT PROCEDURE
7.1 The price of each individual Service is determined by the Contractor and is indicated on the corresponding page of the Website http://https://venecia-hotel.com.ua/. The price of the Agreement (the cost of the Order) is determined by adding the prices of all Services selected by the Customer.
7.2. The Customer pays for the Contractor’s Services on the basis of this Agreement in the national currency of Ukraine – hryvnia. The Parties agree that the equivalent cost of the Services determined on the relevant page of the Website http://https://venecia-hotel.com.ua/ in US dollars shall be paid by the Customer in UAH in accordance with the official exchange rate of the hryvnia to the US dollar set by the National Bank of Ukraine on the day of issuance of the relevant invoice for the Services by the Contractor.
7.3. Payment for the Services shall be made by:
7.3.1. transferring funds to the current account of the Contractor (if the Customer is an individual or legal entity) or
7.3.2. using other means of payment indicated on the Contractor’s Website (if the Customer is an individual). 7.4. The moment of payment for the Services is the time of crediting funds to the current account of the Contractor.
7.5. Payment for the Services shall be made by the Customer within 3 (three) banking days from the date of conclusion of the Agreement by the Parties and issuance of the relevant invoice by the Contractor. The invoice issued by the Contractor shall be valid for three banking days.
7.6. The Customer shall independently and at its own expense pay the cost of third-party services, if necessary to receive the Contractor’s Services under this Agreement.
PROCEDURE FOR RECEIVING SERVICES. PROCEDURE FOR ACCEPTANCE AND TRANSFER OF SERVICES PROVIDED.
8.1 The rules for the provision and receipt of the Services are indicated on the relevant page of the Website http://https://venecia-hotel.com.ua/ and are annexes (integral parts) of this Agreement. All questions arising in the process of payment and receipt of the Services may be clarified by the Customer from the Contractor at the contact details specified in Section 12 of this Agreement, Contractor’s Details.
8.2. The fact of receipt of the Services by the Customer – an individual is confirmed by payment by such Customer for the Contractor’s Services. The Contractor shall send the Customer an invoice and a receipt for payment for the Services.
8.3. The fact of receipt of the Services by the Customer – a legal entity is confirmed by the Act of Acceptance and Transfer of Services (hereinafter referred to as the Act), signed by the Parties (or signed by the Contractor unilaterally in cases provided for by this Agreement). The Contractor shall send the signed invoice and the signed Act in 2 copies to the Customer by mail (previously, an electronic copy of the invoice and the Act may be sent by e-mail or fax). Within 3 (three) business days from the date of receipt of the Act, the Customer shall sign it and send the 2nd copy of the Act to the Contractor by mail, and in case of disagreement with the signing of the Act – its written objections. If within one (1) month from the date of sending the Act to the Customer, the 2nd copy of the Act signed by the Customer or written objections to the signing of the Act are not received at the mailing address of the Contractor, the Contractor shall sign the Act of Acceptance and Transfer of Services unilaterally.
LIABILITY OF THE PARTIES AND DISPUTE RESOLUTION
9.1. For non-fulfillment or improper fulfillment of their obligations under this Agreement, the parties shall be liable in accordance with the current legislation of Ukraine.
9.2. All disputes arising out of or related to this Agreement shall be resolved through negotiations between the Parties. 9.3. If the relevant dispute cannot be resolved through negotiations, it shall be resolved in court in accordance with the established jurisdiction and jurisdiction of such dispute in accordance with the current legislation of Ukraine.
9.4. The Contractor shall not be liable for the failure to provide or improper provision of the Services to the Customer in the event of any circumstances that have arisen through no fault of the Contractor (namely, the occurrence of circumstances that have arisen through the fault or negligence of the Customer and / or the occurrence of circumstances that have arisen through the fault or negligence of any third party (any third parties) and / or the occurrence of force majeure).
10 FORCE MAJEURE CIRCUMSTANCES
10.1. The Parties shall be released from liability for non-fulfillment or improper fulfillment of obligations under this Agreement if it arose as a result of force majeure.
10.2. Under force majeure circumstances
OTHER TERMS OF THE AGREEMENT
11.1. Each Party warrants to the other Party that it has the necessary legal capacity, as well as all rights and powers necessary and sufficient to conclude and perform this Agreement in accordance with its terms.
11.2. Unilateral change of the terms of the Agreement by the Customer or refusal to fulfill the terms of the Agreement by the Customer is unacceptable, except as provided herein. Neither Party to this Agreement shall have the right to transfer its rights and obligations to third parties without the consent of the other Party.
11.3. The Contractor confirms that it is a single tax payer (group 2) at the rate provided for by the Tax Code of Ukraine.
11.4. The information provided by the Customer is confidential. Information about the Customer is used solely for the purpose of fulfilling his Order.
11.5. By accepting the Agreement, the Customer voluntarily agrees to the collection and processing of their personal data for the following purposes: the data that becomes known will be used for commercial purposes, including obtaining information about the order and processing information about it, sending advertising and special offers, information about promotions or any other information about the activities of the Website http://https://venecia-hotel.com.ua/ by telecommunication means (e-mail, mobile communication).
11.6. The Contractor shall not be liable for the content and accuracy of the information provided by the Customer when placing the Order. The Customer is responsible for the accuracy of the information provided when placing the Order.
11.7. The Customer is granted the right to use the Contractor’s Services exclusively in its internal activities without the right to alienate or transfer them in favor of third parties.
11.8. The Parties undertake to keep confidential information obtained as a result of the performance of this Agreement, except as otherwise authorized in writing by the other Party or required by government authorities in accordance with applicable law. The guilty Party shall be liable for disclosure of confidential information in accordance with applicable law.
11.9. The Agreement shall be public and indefinite and shall remain in force until terminated by either Party in accordance with the procedure established by this Agreement or applicable law, but in any event until its final fulfillment by the Parties. The Parties agree that the term of this Agreement shall not be less than three (3) calendar months. This Agreement shall be deemed approved by the Customer and concluded at the location of the Contractor from the date of acceptance.
11.10. The Contractor shall independently determine the terms of this Agreement and its annexes, which are its integral parts, in accordance with and in compliance with the requirements of the current legislation of Ukraine. The Contractor shall have the right to independently amend and/or supplement the terms of this public Agreement and its annexes, including the rules for the provision and receipt of Services under this Agreement. At the same time, the Contractor guarantees and confirms that the current version of the text of this Agreement and its annexes, including the rules for the provision and receipt of Services under this Agreement, posted on the Contractor’s Website is valid.
DETAILS OF THE CONTRACTOR
Individual entrepreneur Aljaber Ramzi Mohammad Location: Zaporizhzhia, Nizhnedniprovska str. 1-b, TIN 2580102817 Bank details: account No. 26001056120589 in JSC CB PrivatBank, MFO 380775 Phone +380 (99) 6422114 E-mail: admin@simplit.io