This document constitutes an official public offer by QUALIFIED CONSULTING LIMITED LIABILITY COMPANY (hereinafter — the Service Provider) to enter into a service agreement for software development and IT consulting. Acceptance of this offer signifies full and unconditional agreement with all its terms.
1. General Provisions
1.1. This public offer (hereinafter — the Agreement) is the Service Provider's official proposal to enter into an agreement on the terms set out below. Acceptance is any action by the Customer indicating acceptance: signing an invoice, partial or full payment for services, or sending a confirmation email. From the moment of acceptance, the Agreement is deemed concluded without a separate paper copy.
2. Subject of the Agreement
2.1. The Service Provider undertakes to provide the Customer with software development, IT consulting, technical support, and related services (hereinafter — Services) in accordance with a technical specification or agreed work plan, and the Customer undertakes to accept and pay for these Services in the manner and on the terms set out in this Agreement.
3. Rights and Obligations of the Parties
3.1. The parties acquire the following rights and obligations:
The Service Provider undertakes to:
- provide Services with due quality and within agreed timelines;
- maintain confidentiality of information received from the Customer;
- keep the Customer timely informed of the progress of work;
- remedy identified deficiencies within a reasonable time after receiving substantiated comments.
The Customer undertakes to:
- pay for Services in full and on time;
- provide the Service Provider with necessary information and materials for the performance of Services;
- accept the results of Services within 5 business days from the date of delivery;
- not grant third parties access to developed systems without the prior written consent of the Service Provider.
4. Payment Terms
4.1. The cost of Services is set out in the invoice issued by the Service Provider. Payment is made as follows:
- a prepayment of 50% of the service cost before commencement, unless otherwise agreed;
- the remaining balance within 5 banking days after signing the acceptance certificate or delivery of the work report;
- for services provided on a monthly subscription or Time & Material basis — monthly against the issued invoice.
5. Liability of the Parties
5.1. In case of late payment, the Customer shall pay a penalty of 0.1% of the overdue amount for each day of delay. The total liability of the Service Provider for any claims arising under this Agreement is limited to the amounts actually paid by the Customer over the last 3 months. Neither party shall be liable for indirect losses, lost profits, or data loss.
6. Confidentiality
6.1. The parties undertake to keep secret and not disclose to third parties any confidential information received during the performance of this Agreement, both during its term and for 3 (three) years after its termination. Confidentiality obligations do not apply to information that has become publicly available through no fault of the receiving party.
7. Dispute Resolution
7.1. All disputes and disagreements arising between the Parties in connection with this Agreement shall be resolved through negotiations. If no agreement is reached within 30 calendar days, the dispute shall be submitted to the competent court under Ukrainian law. This Agreement is governed by and construed in accordance with the laws of Ukraine.
8. Term and Termination
8.1. The Agreement enters into force upon acceptance and remains in effect until the Parties have fully performed their obligations. Either Party may terminate the Agreement early by providing written notice to the other Party at least 14 calendar days in advance. Upon early termination, the Customer pays for work actually completed; prepayment for unperformed work is refunded within 10 banking days.
9. Force Majeure
9.1. The parties are released from liability for partial or total failure to perform obligations under this Agreement if such failure is caused by force majeure circumstances: natural disasters, military actions, acts of state authorities, power or internet outages beyond the reasonable control of the Party. The Party affected by force majeure must notify the other Party within 3 business days.
10. Service Provider Details
- Full name: QUALIFIED CONSULTING LIMITED LIABILITY COMPANY
- Registration code (EDRPOU): 45438906
- Legal address: Ukraine, 79071, Lviv region, Lviv city, Kulparkivska street, building 117, apartment 116
- Director: Roman Borovets
- Primary activity (KVED): 62.01 Computer programming
- Registration date: 15.05.2024
- VAT: Not a VAT payer
- Bank details: IBAN: UA183052990000026008001030427, SWIFT: PBANUA2X, PRIVATBANK
- Email: roman.borovets@qualified-consult.com
- Phone: +380 67 836 07 78
