Services Agreement (Public Offer)
Privately Owned Enterprise “Concierge Group” (hereinafter – the Contractor), on behalf of its Director Denis Pimenov, who is acting on the basis of the Charter, publishes this Services Agreement (Public Offer) (hereinafter – the Agreement) to private persons (hereinafter – to Clients) who will join this Agreement by the unconditional acceptance of its terms.
1.1. «Contractor» – legal entity registered and acting according to the legislation of Ukraine.
1.2. «Client» – private person – citizen of Ukraine, foreign citizen or the stateless person which unconditionally has accepted terms of this Agreement.
1.3. «Parties» – the Contractor and the Client jointly.
1.4. «Party» – the Contractor or the Client separately.
1.5. «Unconditional acceptance of the Agreement’s terms» – the Client order and payment for the services rendered by the Contractor, or any other actions foreseen by the articles 633, 634, 641, 642 of the Civil Code of Ukraine, which shall mean the acceptance of the Agreement’s terms.
1.6. «Services» – the intermediary, advisory and information services which the Contractor renders to the Client and the list of which is determined in the Rules of rendering services.
1.7. «Rules of rendering services» – the rules which the Parties are obliged to follow in the course of the services rendering. Rules of rendering services are determined in the Annex No. 1 hereof and are its integral part.
1.9. «Order» — the intention of the Client written, oral or constituted electronically to receive services from the Contractor according hereto. The order can be handed over to the Contractor by the Client by means of the telephone and fax connection, and also via e-mail.
2. Subject matter of the Agreement
2.1. The contractor undertakes to provide to the Client services according to his order, and the Client undertakes to accept services and to pay for them according to the provisions hereof.
3. Rights and obligations of the Contractor
3.1. The Contractor is obliged hereunder:
3.1.1. To accept the order received from the Client, except cases provided hereby.
3.1.2. To inform the Client about the concerning terms and the cost of services.
3.1.3. To start preparation and rendering of services in terms approved with the Client.
3.1.4. To provide services which on quality, quantity and content completely correspond to the Client’s order.
3.1.5. To observe an appropriate culture level of the services providing.
3.2. The Contractor has the rights hereunder:
3.2.1. To refuse the order received from the Client in the following cases:
- when the terms, specified by the Client in the order, are unreasonable and unreal for such services;
- when the Contractor has no actual opportunity to provide the services specified by the Client’s order.
3.2.2. To independently choose means, methods, materials which will be used for the services providing to the Client if other isn’t specified by the customer order.
3.2.3. To involve the third parties to render the services to the Client.
3.2.4. To refuse to render the services to the Client at any time till the moment when the services have already been rendered to the Client.
4. Rights and obligations of the Client
4.1. The client is obliged hereunder:
4.1.1. To get acquainted with this Agreement and Annexes hereto before making the order for services.
4.1.2. To state in the order the accurate list and amounts of the services which the Client intends to receive.
4.1.3. To steadily observe instructions of the Contractor in the course of the services preparation and rendering.
4.1.4. To pay for the services in the terms approved with the Contractor, before or after the services have been rendered by the Contractor.
4.2. The Client has the rights hereunder:
4.3. To receive the complete information about the ordered services.
4.3.1. To independently choose the place and time of the services rendering, except the cases when the services can be provided only in a certain place and only in certain time.
4.3.2. To refuse from the services at any time till the moment when the services have already been rendered to the Client. Therefore the Client is obliged to pay all expenses which were incurred by the Contractor in the course of the services preparation.
5. Procedure of rendering services.
5.1. The Client sends to the Contractor the order by any method provided hereunder taking into account reasonable time for order fulfillment.
5.2. The Contractor confirms receiving of the order and informs the Client about the terms and the cost of the services.
5.3. The Parties approve the date and place of the services, their amounts, list and content.
5.4. The Client pays for the services before the services providing. The Parties may agree the possibility of the payment delay in case of accomplishment of each specific Client’s order.
5.5. The Contractor provides services under the condition that the Client has paid for them if other isn’t approved by the Parties.
6. Payment for the services
6.1. The Client pays for services based on the invoice, receipt or check provided by the Contractor. The invoice, receipt or check are the payment documents confirming the fact of the service rendering.
6.2. The Client pays for services in cash, non-cash or in any other different way according to the legislation and terms hereof.
6.3. In case of the cash payment the moment of payment is the moment of receiving money by the Contractor from the Client. In case of non-cash or other payment method the moment of payment is the moment of the money transfer to the account of the Contractor.
6.4. The Client pays for the services, as a rule, before their providing by the Contractor. Other payment procedure can be approved by the Parties for each specific order. Therefore change of the payment procedure doesn’t provide any benefits to one Client concerning other Clients, but shows the features of some service types.
6.5. In case of payment after the services have already been rendered, the Client is obliged to pay for such services in terms, approved by the Parties, but anyway within 14 (fourteen) calendar days from the moment when the services have been rendered.
6.6. The Contractor expenses include the cost of each service on their preparation and providing to the Client, and cost of Contractor’s intermediary, advisory and information services. However the cost of each service is displayed by one amount per each service type.
7. Liability of the Parties
7.1. The Parties bear the responsibility for violation of the obligations hereunder according to the provisions hereof and current legislation.
7.2. The Contractor bears the responsibility for the direct material damage which will be caused to the Client by the Contractor fault in the course of the services rendering, in the amount, not exceeding the cost of the services rendered by the Contractor according to the specific Customer’s order.
7.3. The Client bears the responsibility for the violation of the payment terms in the form of a penalty in the amount of a double discount rate of the National Bank of Ukraine of unpaid amount for each day of violation of the terms.
7.4. The Contractor doesn’t bear the responsibility for damage, brought to the Client by the third parties in the course of the services rendering.
7.5. For the goods quality and quantity, search, matching and delivery of the services provided by the Contractor based on this agreement, their direct sellers bear the responsibility.
7.6. The Contractor doesn’t bear hereunder the responsibility for the failure to carry out of the obligations because of the Client fault.
7.7. The Contractor doesn’t bear hereunder the responsibility for the failure to carry out of the obligations if he undertook all possible actions for the proper accomplishment of the obligations, but because of the third parties (suppliers of goods and services) actions the accomplishment of this agreement became impossible.
8. Force majeure
8.1. Under this agreement the Parties are exempted from the responsibility for partial or complete failure to carry out of the obligations, if partial or complete failure to carry out of the obligations is the consequences of the force majeure circumstances which arose after this Agreement signing and which the Parties couldn’t predict and warn. In that case the date of the liabilities accomplishment hereunder is postponed for the term during which such force majeure circumstances will be effective.
9. Claims and dispute resolution
9.1. Disputes, disagreements and contradictions between the Parties concerning this Agreement shall be solved by the Parties through the negotiations.
9.2. If the dispute can’t be resolved by the Parties through the negotiations, the dispute shall be presented to the court according to the jurisdiction, stipulated by the legislation of Ukraine.
10. Term of the Agreement
10.1. This Agreement becomes effective from the moment of unconditional acceptance by the Client of its terms and is valid until the Parties fulfill their obligation hereunder.
10.2. The Parties have the right to refuse this Agreement, due notification to the other Party by means of the telephone and fax connection, and also via e-mail. However the Client isn’t exempted from the liabilities, arisen in the course of the service accomplishment according hereto, on payment and on the compensation of the Contractor expenses on the service rendering preparation.
11. Other conditions
11.1. At the time hereof signing the Contractor is the payer of a single tax (group 4, rate 5%) and isn’t the payer of the VAT.
11.2. All Annexes hereto are its integral part.
11.3. This Agreement is placed for the public access and familiarization on the Contractor’s website at the address http://conciergegroup.org.
11.4. The Contractor has the right to introduce amendments into this Agreement and Annexes by the publication of such amendments on the Contractor’s website at the address http://conciergegroup.org. Amendments into this Agreement and Annexes become effective from the moment of their publication on the Contractor’s website. Further use of the Contractor’s services means unconditional acceptance of such amendments by the Client.
11.5. The Parties undertake not to disclose the information which became available to them in the course of this agreement accomplishment.
11.6. Unconditionally having accepted the terms hereof, the Client agrees to handling of its personal data according to the requirements of the Law of Ukraine «About the personal data protection». Also the Client agrees to hand over its personal data to the third parties if it is necessary for this Agreement accomplishment.
11.7. Appendix to this agreement:
Appendix No. 1 – Rules of rendering services;
12. Details and contact information of the Contractor
Privately Owned Enterprise «Concierge Group»
EGRPOU code: 39337515,