Public offer agreement for the provision of website promotion services
The specified document is an official proposal of the sole proprietor _____ (Web Studio` `Genius-Optimization '') (operating on the basis of a certificate of state registration of an individual entrepreneur No. _____, single tax payer) hereinafter referred to as the Contractor.
This offer is public, and in accordance with Articles 633 and 641 Of the Civil Code of Ukraine, its conditions are the same for each user of services.
1. General provisions
1.1 Terms and concepts
1.1.1 In this document, the following terms are used with the following meanings:
Offer – this document posted on the network at this address https: //Genius-Optimization.com.ua/ .
Offer Acceptance – indisputable and all volumetric acceptance of the offer by performing the actions specified in the sections of the document.
Agreement – a paid contract concluded between the client and the contractor, providing for the provision of services and concluded by accepting an offer.
Client (customer) – a legally capable individual who has reached the age of 18 and has the right under the law to enter into a contractual relationship, who has accepted the contract and acts as a customer of services upon conclusion of the corresponding contract.
Site – information system on the Internet, which provides users with access to information provided in text, graphic or other form. The site must have a unique address in the domain name system.
Website promotion and optimization – changes to the site aimed at bringing it to the closest possible compliance with the requirements of search engine algorithms.
Tariff plan – volume and list of services provided on a regular basis by the contractor for a certain amount of payment.
Support for website promotion results – the process aimed at keeping the site in the positions of the search results in the search engine for certain keywords specified in advance in this agreement.
Content – informational component of the site.
Web page (page, WEB page, HTML page) – a file or a group of files that are displayed by the browser at a time, without clicking on the hyperlink.
Site home page – the main page of the site, which is displayed when you enter the resource address in the address bar of the browser.
URL – this is the generally accepted way of displaying a website address on the Internet.
Search engine – a set of software and hardware tools that allow, at the request of a network user, to display from a pre-selected database with information a list of documents that, according to the search engine's algorithm, are suitable for a specific user request. Consider Google as an example.
TOP – a web page in a search engine that contains the first 100 (one hundred) search results for a specific search request from a web user, taking into account the region.
Server – special hardware and software complex supplied by third parties and representing a computer with a permanent connection to the network and installed special software to provide the necessary functionality.
Keyword (query) – a special query from one word or phrase that allows users to find the necessary pages of the site in the search results through search engines.
Shared hosting service (hosting, hosting service) – hosting the site on a special web server.
Hosting provider – a company that provides shared hosting services.
Website – a set of hardware and software that allows information to be published on the Internet for everyone to see.
2. Subject of the contract
2.1 The customer transfers, and the contractor assumes the execution of work on:
2.1.1. Promotion of the customer's website (site) on the network for a number of keywords (search queries) specified in Appendix No. 1 to this agreement within a certain period of time agreed by the parties in this agreement.
2.1.2. Support of the obtained promotion results that correspond to clause 2.2 of this agreement during the remaining term of the specified agreement.
2.2. Website promotion in the network to achieve the goals of this agreement should be understood as the conclusion of the optimization of the customer's resource and getting the page in the first hundred results in the Google.ua search engine.
2.3. The customer undertakes to provide the contractor with all the necessary data for the performance of services to promote the site, including the initial information, accept work and pay for the services performed by the contractor on the terms determined by this agreement.
3. Rights and obligations of the parties
3.1. The obligations of the performer include:
3.1.1. To carry out search engine promotion of the site within the period specified in the contract.
3.1.2. Provide the customer with monthly reports on the results of the work done.
3.1.3. Use all the information provided by the customer solely for the purpose of performing the work that are provided for by the clauses of the specified contract.
3.1.4. To fulfill all obligations assumed in accordance with the terms of section 3 of this agreement.
3.2. The Contractor has the right:
3.2.1. Do not start work or temporarily stop the work being carried out in cases where the violation by the customer of the obligations assumed under this agreement interferes with the performance of this agreement by the contractor.
3.2.2. Demand from the customer a quick (no more than 2 working days) solution and coordination of all issues related to the performance of all types of work under this contract.
3.2.3. Require the customer to promptly (no more than 2 working days) provide all information necessary for the execution of the work, including information of the technical plan.
3.2.4. Place on your website the logo and the name of the customer's company, as well as place on the customer's website a link that points to the website of the contractor with the data that the promotion of the customer's resource is carried out by the contractor.
3.2.5. Stop the provision of services in case of late payment by the customer for the cost of certain services until the customer has made full payment of the debt.
3.2.6. The Contractor has the right to immediately terminate the provision of services or terminate the contract without notifying the client (without compensation for funds already received) in such cases:
22.214.171.124. Failure to receive payment from the client in the specified amount for the cost of the respective services provided within the specified time frame.
126.96.36.199 If the performer is sure that certain actions or inactivity on the part of the customer have already caused or may cause further harm to the performer, including humiliation of his honor, dignity or business reputation.
188.8.131.52. In case of posting on the customer's website information that may humiliate the honor and dignity of other network users, or that contradicts the current legislation of Ukraine or certain norms of international law.
184.108.40.206. When an appropriate decision is made by an authorized state body and exclusively within the framework of the legislation of Ukraine.
220.127.116.11. If the customer violates the terms of the offer, the contractor has the right to terminate the provision of services until the customer eliminates all the violations..
3.3 The customer assumes the following obligations:
3.3.1. Provide the contractor with all the necessary data for the effective performance of work by means of digital media or by sending by e-mail.
3.3.2. Quickly (within 2 working days) coordinate all issues that may arise during the performance of work.
3.3.3. Pay for the hosting of the site and its domain name on time.
3.3.4. Pay for the contractor's services according to the signed contract.
3.3.5. Ensure the stable operation of the site during the period of its promotion by the contractor.
3.4. The client has the right:
3.4.1. Request the contractor to report on the work done within the timeframe specified in the contract.
3.4.2. Conduct general control over the execution of the terms of the agreement.
3.4.3. Require the provision of services according to the contract from the contractor.
3.4.4. Stop or suspend the receipt of services at any time, while observing the requirements established by this agreement.
4. Service Procedure
4.1. the contractor begins to provide services only after the client has made the acceptance of the offer and only after the receipt of funds to the contractor's bank account, or the transfer of funds in cash.
4.2. Promotion of a client's website in search results consists of performing such types of work:
4.2.1. Conducting a search audit of the client's site, performing an analysis of competitors' sites, preparing a promotion strategy.
4.2.2. Distribution of key queries among the pages of the resource, optimization of content on the pages of the site.
4.2.3. Adding a website to search engines.
4.2.4. Monitoring of the main characteristics, positions and traffic of the client's website.
4.3. The text of this agreement, as well as the data that became known to the parties to the agreement in the course of fulfilling the obligations under the existing agreement, are confidential, their disclosure is prohibited.
5. Cost of services and payment procedure
5.1. The monthly amount of payment for work aimed at promoting and supporting the results of online promotion for the site is ______ (______) hryvnia.
5.2. Payment for the work to promote and support the results under the terms of this agreement is made monthly.
5.3. The customer pays for the work according to the agreed tariff plan and schedule, located in Appendix 2.
5.4. Payment for the Contractor's services is carried out in non-cash or cash form by transferring funds to the current account of the Contractor according to the calendar schedule and tariff plan specified in Appendix 2.
5.5. In the absence of timely payment from the customer, the contractor may temporarily suspend the work for the client until the time the corresponding amount of money is received.
5.6. The price of services is indicated and their payment is made by the client exclusively in national currency – hryvnia of Ukraine.
5.7. The cost of the services provided does not include VAT.
5.8. The client pays for the services provided under the contract in the format of advance payments.
5.8.1. By the beginning of the provision of services, the client makes an advance payment (prepayment) to the contractor.
5.9. The choice and further use of the payment method is carried out by the customer at his own discretion and without agreement with the other party.
6.1. The parties confirm that they understand and agree that violation of the terms of confidentiality they may be held liable in accordance with the norms of the current legislation.
7.1. In addition to the guarantees that are directly indicated in the text of the offer agreement, the contractor does not provide any more direct or indirect guarantees regarding the specified agreement.
7.2. By agreeing to the terms of this agreement, the client certifies the contractor and guarantees him the following:
7.2.1. If the client provides the contractor with incorrect or erroneous data, as well as materials, the customer is solely responsible for any negative consequences that are associated with the provision of services by the contractor in accordance with the terms of this agreement.
7.2.2. The client enters into a contract solely on a voluntary basis, and the customer confirms that he:
A) I am fully acquainted with the terms of the offer.
B) Accepts the subject of the contract in full.
C) Fully understands the meaning and result of his own actions regarding the conclusion and fulfillment of the contract.
7.3. All information provided for the purpose of executing the contract is confidential. The parties undertake not to disclose any data to third parties, and not to use it to achieve any goals other than those provided for in this agreement.
7.4. The Contractor provides the client with the opportunity to receive advice through e-mail, telephone conversation, as well as using any other means of communication in accordance with the conditions provided for the selected tariff plan.
7.5. The scope of consultations is regulated and limited to specific issues that relate to the services provided and do not touch upon issues related to setting up or diagnosing a computer, client software, or teaching him / her computer or network skills.
8. Responsibilities of the parties
8.1. In case of violation of the terms of the agreement, both parties have corresponding liability in accordance with the agreement or the norms of the current legislation of Ukraine.
8.2. The Contractor is not responsible for the negative impact of the changes made, provided that the customer's site is not working for more than 72 hours in a row due to the customer's fault. In this case, the fact of the client's fault is proven by the performer.
8.3. The Contractor is not responsible for poor-quality performance or non-performance of his obligations under this agreement, if the reason for the occurrence of such a situation was non-performance or improper performance by the client of his obligations under this agreement, or the client made changes to the content of the site, page addresses. < / span>
8.4. The Contractor is not responsible for non-compliance with the terms of this agreement, as well as for all shortcomings in the work of the client's website, which are caused by reasons outside the area of his responsibility - introduction of new algorithms by search engines, low quality of Internet access channels, hosting, actions of other members of the client's team, unlawful interference of third parties, etc.
8.5. The Contractor is solely responsible for the correctness, quality and reliability of the content of only those information materials posted on the client's website that were prepared and posted by the Contractor himself.
8.6. The parties must provide each other with information in writing or electronically on all changes affecting organizational and legal forms, addresses, bank and other details within a specified time frame.
9. Force majeure (force majeure circumstances)
9.1. Both parties are exempt from any liability for partial or complete non-fulfillment or improper fulfillment of their obligations under this agreement in cases where force majeure has occurred, for example, an earthquake, fire, flood or other natural disaster, changes in the operation of search engine algorithms, military action of any nature or war, failure or breakdown of equipment caused by any factors.
inform the other party about it as soon as possible in any available way.