Delivery PolicyServices agreement №1Last update:
July 1, 2021
Pursuant to this Agreement, LLC KL Invest Group
, acting on the registration certificate No. 193501730, represented by Director Pavel Lipen, acting on the basis of the Charter, renders the services specified in the application.1. Definitions
- LLC KL Invest Group
, acting on the registration certificate No. 193501730, represented by Director Pavel Lipen, acting on the basis of the Charter, rendering the Services.
1.2. Customer -
the legal entity or Individual ordering the Services with which this Agreement is made.
1.3. Parties to the Agreement -
jointly referred to as the Contractor and the Customer.
1.4. Party to the Agreement -
individually referred to as the Contractor or the Customer.
– this agreement for the provision of the Services as defined by the Customer in the application sent to the Contractor via the website or in any other manner agreed upon by the Parties.
1.6. Services -
the services specified in the invoice (hereinafter the "Invoice") or upon invoicing the Customer through the paying agent.2. Procedure for the conclusion Agreement
2.1. This Agreement is a public agreement hereunder the Contractor undertakes an obligation to render Services according to clause 3 of the Agreement and shall perform it subject to each Customer who applied to Contractor for rendering Services. The publication of the text of the Agreement on the website or presenting it to the Customer in any other manner shall constitute a public offer by the Contractor to enter into this Agreement.
2.2. The Agreement shall be deemed to be entered into on acceptance of the offer by the Customer. The acceptance of the offer shall be deemed to be an advance payment of 100% of the value of the Services as specified in the Invoice issued by the Contractor after the Customer has sent the application, unless otherwise agreed by the parties in written.
2.3. By accepting the offer, the Customer fully agrees to all the provisions of the Agreement and accepts the terms and conditions without any waivers, exclusions or disclaimers.
2.4. The Agreement is not required to be drawn up on paper and signed with a handwritten signature.3. Scope of the Agreement
3.1. The subject matter of the Agreement shall be the rendering of the Services.
3.2. The Contractor shall be entitled to engage third parties to provide the Services to the Customer.4. Rights and obligations of the Parties
4.1. The Contractor is entitled to:
4.1.1. refuse following the Customer's instructions for the rendering of Services if fulfilment thereof leads to a breach of the current legislation of the Republic of Belarus, or the legislation of the countries within whose territory the Services are rendered;
4.1.2. suspend or terminate the provision of Services under the Agreement where the Customer fails to fulfil its obligations thereof.
4.2. The Contractor is obliged to:
4.2.1. render the Services to the Customer in the extent, at the time and within the period specified in the Invoice issued by the Contractor and accepted by the Customer, subject to payment in full and subject to full compliance by the Customer with all the requirements of this Agreement;
4.2.2. ensure the confidentiality of information provided by the Customer;
4.2.3. draw up a Service delivery report following the provision of the Services. 4.3. The Customer is entitled to:
4.3.1. demand efficient provision of the Services from the Contractor;
4.3.2. request a refund from the Contractor within 7 days from the day of the payment. Refund option applies only to the "Hiring a designer for a month". After this 7-day period, the Contractor does not make a refund. The Contractor may deny the refund request if, at his discretion, evidence of fraud, refund abuse, resale of the Contractor's services to 3rd parties or other manipulative actions is found.
4.4. The Customer is obliged to:
4.4.1. pay the Contractor for the Services as set out in this Agreement;
4.4.2. provide the Contractor with the information required for the provision of the Services at the Contractor's request;
4.4.3. avoid actions directed at disrupting the correct operation of the software and computer software of the Contractor and undermining network security; 4.4.4. ensure the confidentiality of information obtained under this Agreement.
- Payment for services
5.1. The cost of the Services is approved by the Contractor and is based on the Contractor's costs and amounts to:
5.1.1. as stated in the Contractor's price list posted on the Website, or
5.1.2. agreed upon by the Parties via e-mail, messenger (Telegram, Viber, Slack, Whatsapp), online chat on the Website.
5.2. The payment for the Services shall be made on a 100% prepayment basis on the Invoice issued by the Contractor after the Customer has filled in the application form. The payment for the Services shall be made in non-cash bank transfer on the basis of the payment order or by transfer of funds to the Contractor's current account by means of online acquiring.
5.3. The services shall be deemed to be paid for from the moment the money is received on the Contractor's account.
5.4. The Contractor shall be entitled to unilaterally change the price and/or the method of payment for the Services.6. Service acceptance procedure
6.1. The provision of the Services under this Agreement shall be confirmed by a Service delivery report which shall be drawn up and signed by the Contractor unilaterally.
6.2. The Services shall be deemed duly and fully rendered if, within five (5) working days from the expiry date of the Services, the Contractor has not received any written complaints from the Customer about the quality and scope of the Services rendered.7. Liability of the Parties
7.1. The Parties shall be liable for the failure to perform or improper performance of their obligations under this Agreement in accordance with the legislation of the Republic of Belarus.8. Force majeure
8.1. Parties are released from the responsibility for non-performance or improper performance of their obligations if these were caused by the emergence of force majeure circumstances. Force majeure events include natural disasters, accidents, fires, riots, strikes, military actions, actions of third parties, the entry into force of laws, regulations and directives of State bodies and organizations that directly or indirectly prohibit the activities specified in the Agreement, other circumstances independent of the will of the Contractor or the Customer.
8.2. A Party that has defaulted on an obligation under the Agreement due to force majeure shall promptly notify the other Party. Such a Party is obliged to prove the existence of force majeure and its effect on the impossibility of proper performance of obligations under the Agreement.9. Procedure for the settlement of disputes
9.1. The Parties shall make every effort to resolve disputes and disputes arising in the course of the performance of the Agreement shall be settled through negotiations.
9.2. If no agreement is reached as a result of the negotiations, these differences and contentious issues shall be settled in a claim (pre-trial) procedure.
9.3. The Party making the claim shall communicate to the other Party a substantiated claim in writing (by registered post with notice of service). Another Party undertakes to review and respond to such a claim within 20 (twenty) working days of its receipt.
9.4. If a claim is rejected, in whole or in part, or the submitting Party does not receive a response within the specified time for its consideration, the submitting Party may apply to the Economic Court at the location of the Claimant.10. Final clauses
10.1. The Contractor may unilaterally amend this Agreement. Any amendments and additions to this Agreement shall be published on the Contractor's Site, alongside with notification of the Customer of the changes and (or) additions made. Changes and (or) additions become effective in 3 (three) working days after their publication.
10.2. The Customer may unilaterally refuse to perform the Agreement by notifying the Contractor at least 10 (ten) calendar days before the date of termination.
10.3. In the event of a unilateral refusal by a Customer of the performance of the Agreement after the commencement of the performance of the Service by the Contractor, the Contractor shall deduct a fine equal to the value of the Services paid for but not rendered due to the Customer's rejection of the Agreement.
10.4. The Contractor may unilaterally refuse to perform the Agreement by notifying the Customer at least 5 (five) calendar days before the date of termination of the Agreement, and at the same time reimburse the Customer for the value of the Services paid but not delivered.
10.5. The Parties shall recognize the validity of documents and information transmitted by electronic mail or other electronic means. The parties mutually recognize the equal legal effect of a handwritten signature and a facsimile signature (reproduced mechanically using clichés) on documents relevant to the conclusion, performance or termination of the Agreement.
10.6. For communication and transmission of documents and information with legal effect, the Parties agreed to use the following e-mail addresses: Customer - e-mail address specified in the application; Contractor - address specified in the Agreement details. Other e-mail addresses are not permitted.
10.7. Claims and notices shall be sent in writing by the Parties with their own handwritten signature by registered mail with notice of delivery.
10.8. All exclusive rights to the results of intellectual activity (hereinafter referred to as RIA) produced by the Contractor during the execution of the contract are transferred from the Contractor to the Customer at the moment of acceptance of the terms of the Agreement. The Contractor reserves the right to use RIA exclusively for the portfolio. The Customer has the right to use RIA without mentioning the author's name (anonymously).
10.9. Matters not regulated by this Treaty shall be governed by the legislation in force in the Republic of Belarus.11. Addresses and details of the Contractor
LLC KL Invest Group
Contractor's registration number: 193501730
Bank of recipient: PRIORBANK, MINSK, REPUBLIC OF BELARUS
Director: Lipen Pavel