Public Offer

Effective date: [дата]

This document is an official public offer by [ПІБ, назва ФОП або компанії], hereinafter the “Contractor”, to enter into a services agreement under the terms set out below.

The Offer is posted on the website [адреса сайту] and is addressed to individuals, sole proprietors, and legal entities, hereinafter the “Customer”.

Ordering services, written confirmation of the start of work, making a prepayment, or full payment mean the Customer’s full and unconditional acceptance of the terms of this Offer.

1. General provisions

1.1. This Public Offer defines the main terms for ordering and providing services by the Contractor.

1.2. Under this Offer, the Contractor may provide the following services:

website development;
creation of online stores;
development of websites on WordPress and WooCommerce;
development and improvement of themes and plugins;
programming using PHP, JavaScript, HTML, CSS, and MySQL;
integration of payment, logistics, analytics, and other third-party services;
setup, optimization, and migration of websites;
technical support and maintenance;
bug fixing;
consulting services;
search engine optimization and other related digital services.

1.3. The exact scope, cost, timeframes, and deliverables are determined on the service page, in the statement of work, invoice, commercial offer, email correspondence, or another document agreed by the parties.

1.4. If the terms of an individual offer, statement of work, or separate agreement differ from the provisions of this Offer, the individually agreed terms shall prevail.

2. Acceptance of the Offer

2.1. Acceptance of this Offer is deemed to be one or more of the following actions by the Customer:

submitting a request via the website;
confirming the order by email or via messenger;
approving the statement of work;
making a prepayment;
full payment for the services;
providing the Contractor with materials or access needed to start work;
another unambiguous confirmation of the order.

2.2. From the moment of acceptance of the Offer, a services agreement is deemed concluded between the Contractor and the Customer.

2.3. By accepting the Offer, the Customer confirms that:

has read its terms;
understands the nature and scope of the ordered services;
has the necessary legal capacity and authority;
provides accurate contact and payment information;
agrees to the rules for processing personal data.

3. Order procedure

3.1. To order services, the Customer contacts the Contractor via the form on the website, email, messenger, or another available communication channel.

3.2. Before starting work, the parties agree on:

the list and scope of work;
technical and functional requirements;
cost;
payment procedure;
timeframes;
the number of revisions included;
the format for delivering the result;
other essential terms.

3.3. The agreement may be made in writing via email, messengers, a project management system, or other means of electronic communication.

3.4. The Contractor has the right to refuse the order until payment or written confirmation of the start of work is received.

4. Cost and payment procedure

4.1. The cost of services is determined individually depending on the complexity, scope, and timeframes of the work.

4.2. The cost may be indicated:

on the website;
in the commercial offer;
in the statement of work;
in the invoice;
in email correspondence;
in a separate agreement.

4.3. Unless otherwise agreed by the parties, work begins after receipt of the prepayment.

4.4. The amount of the prepayment is [вказати відсоток, наприклад 30%, 50% або 100%] of the total order cost.

4.5. The remaining amount is paid according to the agreed schedule or after completion of the work, before the transfer of the final result, files, accesses, or exclusive proprietary rights.

4.6. Bank fees, taxes, and payment system charges are paid according to the terms of the chosen payment method and applicable law.

4.7. Third-party services and licenses are not included in the Contractor’s price unless otherwise expressly agreed by the parties. Such expenses may include:

domain name;
hosting;
paid plugins and themes;
fonts, photographs, and other materials;
payment systems;
mailing services;
third-party APIs;
advertising accounts;
other external services.

4.8. Additional work not included in the agreed scope of the order is estimated and paid for separately.

5. Timeframes

5.1. Timeframes are determined individually for each order.

5.2. The period starts after:

receipt of the agreed prepayment;
approval of the technical specification;
receipt from the Customer of the necessary materials, information, and access credentials.

5.3. The timeframe may be extended in the event of:

payment delays;
late provision of materials or access;
changes to the agreed scope of work;
lengthy approval of intermediate results;
the occurrence of technical issues in third-party services;
the occurrence of force majeure circumstances;
other circumstances beyond the Contractor’s control.

5.4. If the Customer does not provide the necessary materials, responses, or approvals within [наприклад, 10 робочих днів], the Contractor has the right to suspend the work and revise the deadlines for its completion.

6. Rights and obligations of the Contractor

6.1. The Contractor undertakes to:

provide the services in accordance with the agreed scope;
inform the Customer of material circumstances affecting the performance of the work;
not disclose the Customer’s confidential information;
correct identified deficiencies if they relate to the result’s non-compliance with the agreed technical specification.

6.2. The Contractor has the right to:

receive from the Customer the information, materials, and access necessary to perform the work;
engage employees, partners, or subcontractors to perform specific tasks while remaining responsible for the agreed result;
suspend performance in the event of the Customer’s breach of payment deadlines or failure to provide the necessary information;
not perform work that is not included in the agreed scope;
refuse to comply with requirements that violate the law, the rights of third parties, or the technical rules of third-party platforms;
receive payment for the work actually performed.

7. Rights and obligations of the Customer

7.1. The Customer undertakes to:

timely provide the necessary information, materials, and access;
review intermediate and final results;
provide clear and specific feedback;
pay for the services in a timely manner;
use the received result in accordance with the law;
independently verify the legality of using the texts, photos, logos, videos, fonts, and other materials it provides;
not provide the Contractor with harmful files, unlawfully obtained access, or illegal content.

7.2. The Customer has the right to:

receive information on the status of the order’s execution;
verify the result’s compliance with the agreed technical specification;
demand the elimination of substantiated deficiencies;
receive the result of the work after fulfilling its payment obligations.

8. Materials and access

8.1. The Customer warrants that it has legal rights to all materials transferred to the Contractor.

8.2. The Customer is responsible for the content, accuracy, legality, and copyright compliance of the materials it provides.

8.3. The Contractor is not obliged to verify the origin and legal status of each material received, unless otherwise agreed separately.

8.4. The Customer must create backups of important data before granting access to the live website, server, or database.

8.5. After completion of the work, the Customer is advised to change the passwords that were provided to the Contractor.

9. Revisions and changes to the scope of work

9.1. The price includes the number of revision rounds agreed by the parties before the start of the work.

9.2. A revision is deemed to be an adjustment of the result within the initial technical specification.

9.3. The following are not considered revisions and are billed separately:

adding new features;
changing the approved structure;
a complete change of design or concept;
re-performing an already approved stage;
work that was not specified in the initial assignment;
changes caused by updates of third-party services after project completion.

9.4. A change in the order scope may affect its price and timelines.

10. Acceptance of the work result

10.1. After completing the work, the Contractor notifies the Customer and provides the result for review.

10.2. The Customer must within [наприклад, 5 робочих днів]:

confirm acceptance of the result; or
provide a specific list of substantiated comments regarding non-compliance with the agreed assignment.

10.3. General wishes, new requirements, or changes in personal preferences after approval of the relevant stage are not considered deficiencies.

10.4. If within the established period the Customer has not provided substantiated comments, the work may be deemed accepted, provided this does not conflict with applicable law or the parties’ separate agreements.

10.5. Errors arising from the Client’s independent changes, actions of third parties, software updates, or the operation of external services are remedied for an additional fee.

11. Warranty period

11.1. Якщо інше не погоджено сторонами, гарантійний період на виконані роботи становить [наприклад, 30 календарних днів] із моменту їх приймання.

11.2. Within the warranty period, the Contractor, at no extra charge, fixes errors that:

виникли в розробленому Виконавцем функціоналі;
are reproducible in the agreed environment;
constitute a non-compliance with the approved technical specification.

11.3. The warranty does not cover issues caused by:

interference by the Client or third parties;
changes to code, settings, or the database;
updates to WordPress, WooCommerce, plugins, themes, or server software;
hosting operation or third-party APIs;
viruses, attacks, or loss of access;
use of unlicensed software;
violation of the Contractor’s recommendations.

11.4. Further technical support after the end of the warranty period is provided on the basis of a separate order or agreement.

12. Order cancellation and refunds

12.1. The Client may refuse the services by notifying the Contractor in writing.

12.2. In case of order cancellation after the start of work, the Contractor has the right to retain payment for the part of the work actually performed, the time spent, and the agreed expenses incurred.

12.3. The unused portion of the prepayment is returned to the Client after calculating the cost of the work already performed, unless otherwise set by individual terms or by law.

12.4. Costs for domains, licenses, software, materials, and third-party services purchased specifically for the project are non-refundable, unless the respective suppliers provide for refunds.

12.5. If the Contractor cannot fulfill the order due to their own fault, the Client is refunded for the unperformed part of the work.

12.6. Refunds are made in the same manner as the payment was made, or in another manner agreed by the parties.

13. Intellectual property

13.1. Until full payment, the proprietary rights to the materials, design, source code, and other results created by the Contractor remain with the Contractor, unless otherwise agreed by the parties.

13.2. After full payment, the Client receives rights to the result created specifically for them within the scope defined by the technical specification, a separate agreement, or applicable law.

13.3. Rights to third-party components, including WordPress, WooCommerce, plugins, libraries, fonts, photographs, and other software, are governed by the licenses of their rightsholders.

13.4. Transfer of the result does not mean transfer of rights to the Contractor’s internal developments, universal modules, libraries, tools, and solutions created before the start of the project or suitable for repeated use.

13.5. The Contractor has the right to indicate participation in the project and to display publicly accessible parts of the completed work in their portfolio, unless otherwise agreed in writing with the Client.

14. Confidentiality and personal data

14.1. The parties undertake not to disclose confidential information obtained during cooperation, except as provided by law.

14.2. The Contractor processes personal data in accordance with the Privacy Policy published on the website.

14.3. By accepting the Offer, the Client consents to the processing of personal data to the extent necessary for:

placing and fulfilling the order;
making payment;
communication;
bookkeeping;
fulfillment of statutory obligations;
protection of the parties’ legitimate interests.

15. Liability of the parties

15.1. The parties bear liability in accordance with this Offer, individual agreements, and applicable law.

15.2. The Contractor is not liable for:

the operation of hosting, the domain registrar, or third-party services;
changes in the algorithms of search engines and advertising platforms;
account blocking due to the Client’s actions;
loss of data in the absence of backups;
unlawful use of the result by the Client;
materials and information provided by the Client;
incompatibility caused by subsequent updates of third-party software;
indirect damages, lost profits, or missed business opportunities, unless otherwise required by mandatory provisions of law.

15.3. The Contractor does not guarantee a specific level of sales, profit, traffic, search engine rankings, or advertising results, unless such guarantees are expressly established by a separate written agreement.

15.4. The Contractor’s aggregate liability for a specific order may not exceed the amount actually paid for the corresponding service, unless otherwise required by mandatory provisions of law.

16. Force majeure

16.1. The parties are released from liability for failure to fulfill obligations if it resulted from force majeure circumstances that could not be foreseen or avoided.

16.2. Such circumstances may include:

natural disasters;
military actions;
terrorist acts;
mass riots;
power or communication outages;
large-scale cyberattacks;
actions of public authorities;
blocking or suspension of operation of third-party platforms;
other extraordinary and unavoidable circumstances.

16.3. The term for fulfilling obligations is extended for the period of such circumstances and the elimination of their consequences.

17. Dispute resolution

17.1. The parties strive to resolve disputes through negotiations and written exchange of substantiated claims.

17.2. Строк розгляду письмової претензії становить [наприклад, 15 робочих днів] із моменту її отримання.

17.3. If the parties do not reach an agreement, the dispute is resolved in accordance with the applicable law by the competent court.

17.4. The terms of this Offer do not limit consumer rights, which cannot be limited by contract under applicable law.

18. Term of validity and modification of the Offer

18.1. The Offer takes effect from the moment of its publication on the website and remains in effect until it is withdrawn or replaced by a new version.

18.2. The contractor has the right to change the terms of the Offer. The new version takes effect from publication unless otherwise stated in its text.

18.3. Changes do not apply to orders that have already been paid, unless otherwise agreed by the parties or required by law.

19. Contact details and requisites of the Contractor

Виконавець: [ПІБ, ФОП або назва компанії]
Реєстраційний номер: [номер, якщо застосовується]
Податковий номер: [номер, якщо застосовується]
Юридична або поштова адреса: [адреса]
Електронна пошта: [email]
Телефон: [номер телефону]
Вебсайт: [адреса вебсайту]
Банківські реквізити: [за необхідності]