Document
Public Offer for Website Development
1. General provisions
1.1. This document is an official proposal (public offer) by CodeService LLP (hereinafter the Contractor) to conclude a contract for website development work on the terms set out below (hereinafter the Contract) with any person who accepts this proposal (hereinafter the Customer).
1.2. In accordance with Article 437 of the Civil Code of the Russian Federation, this offer contains all the essential terms of the Contract. Acceptance of the offer under section 2 is equivalent to concluding the Contract in writing (paragraph 3 of Article 434 and paragraph 3 of Article 438 of the Civil Code of the Russian Federation).
1.3. The current revision of the offer is published at https://webreaktor.com/offer. The revision in force at the moment of acceptance applies to the relations of the parties.
1.4. This is a translation for convenience; in case of discrepancies the Russian version prevails.
2. Acceptance of the offer and conclusion of the Contract
2.1. The Customer sends a request to the Contractor through the form on the website, in a messenger, by e-mail or by phone. The parties agree on the assignment: the type and structure of the website, the scope of work, the timeline and the price. The Contractor records the agreed terms in the correspondence and/or in the issued invoice (hereinafter the Assignment).
2.2. Any of the following actions by the Customer constitutes acceptance of the offer: written confirmation of the Assignment in the correspondence (including in a messenger or by e-mail), handing over materials for the work to the Contractor, full or partial payment of the Contractor's invoice. The Contract is deemed concluded from the moment of the first of these actions.
2.3. By accepting, the Customer confirms that they have read the terms of the offer and the Personal Data Processing Policy, understand them and accept them without reservation.
3. Subject of the Contract
3.1. The Contractor undertakes to carry out website development work in accordance with the Assignment: to prepare the design, layout and software part, to fill the website with the Customer's materials and to publish it on the agreed hosting and domain, and the Customer undertakes to accept the result and pay for it.
3.2. The scope of work, the timeline and the price are determined by the Assignment. Work not specified in the Assignment (additional pages, integrations, content beyond what was agreed, changes after acceptance) is carried out by separate arrangement and paid for additionally.
4. Procedure for performing the work
4.1. The Customer hands over to the Contractor the materials required for the work (texts, images, logo, access to the domain and hosting if they already exist) and answers the Contractor's questions in a timely manner. The work period is counted from the moment the materials are received and is extended by the duration of any delays on the Customer's side.
4.2. The Contractor shows the Customer the interim result by link and makes changes within the Assignment. The scope of changes included in the price is up to two rounds of comments unless the Assignment states otherwise.
4.3. Upon completion of the work the Contractor hands over the result to the Customer: publishes the website at the agreed address or provides a link to the finished website and the access details, and also issues an invoice for payment.
5. Price of the work and payment procedure
5.1. The price of the work is specified in the Assignment and in the Contractor's invoice. The VAT treatment is determined by the tax regime applied by the Contractor and is indicated in the invoice.
5.2. No advance payment is required unless the parties have expressly agreed otherwise. The Customer pays the invoice after the result of the work is handed over, within 5 (five) working days from the date the invoice is received.
5.3. Payment is made by bank transfer using the details specified in the invoice and in section 13. The payment obligation is deemed fulfilled from the moment the funds are credited to the Contractor's settlement account. Bank fees are paid by the Customer.
5.4. If payment is overdue by more than 10 (ten) working days, the Contractor may suspend access to the website hosted on the Contractor's resources until full payment is made.
6. Acceptance of the work
6.1. Within 5 (five) working days from the moment the result and the invoice are handed over, the Customer either pays the invoice or sends the Contractor reasoned comments in writing (correspondence, e-mail). The comments must relate to a discrepancy between the result and the Assignment.
6.2. Payment of the invoice by the Customer (in full or in the part corresponding to the delivered stage) means that the work has been accepted by the Customer in full without comments. Payment of the invoice is equivalent to signing an acceptance certificate for the completed work; the parties do not draw up a separate paper certificate. At the Customer's request the Contractor sends a certificate in electronic form — for accounting purposes, without affecting the fact of acceptance.
6.3. If within the period under clause 6.1 the Customer has neither paid the invoice nor sent comments, the work is deemed accepted on the 6th (sixth) working day and the invoice becomes payable.
6.4. The Contractor remedies justified comments at its own expense within a reasonable time, after which the result is handed over again; acceptance takes place in accordance with this section.
7. Rights to the result of the work and portfolio
7.1. The exclusive right to the design, layout and program code of the website created by the Contractor under the Contract passes to the Customer from the moment the work is paid for in full. Until full payment the rights belong to the Contractor, and the Customer may use the website only for review and acceptance.
7.2. The Customer warrants that they hold the rights to the materials handed over to the Contractor (texts, images, trademarks) and is solely liable for third-party claims related to these materials.
7.3. The Customer agrees that the Contractor may feature the developed website in its portfolio: publish on the website webreaktor.com and in its materials the project name, a link to the website, screenshots and a brief description of the work performed, and identify itself as the developer of the website, including as a small link in the footer of the Customer's website. This right is perpetual and requires no additional consent or remuneration. The Customer may restrict this right in writing before the result is handed over if disclosure of the project violates their legitimate interests; the parties record such a restriction in the Assignment.
7.4. Freely distributed components (fonts, libraries, frameworks) used in the development are provided under the terms of their own licences.
8. Warranty and support
8.1. Within 30 (thirty) calendar days after acceptance the Contractor fixes, free of charge, errors in the operation of the website that occurred through its fault. The warranty does not cover changes made by the Customer or third parties, the operation of the hosting, the domain and external services, or new requests regarding functionality and content.
8.2. Further support and improvements are carried out by separate arrangement and paid for at the agreed price.
9. Liability of the parties
9.1. For non-performance or improper performance of their obligations the parties are liable in accordance with the legislation of the Russian Federation. The Contractor's liability is limited to the amount actually paid by the Customer under the Contract; lost profit is not subject to compensation.
9.2. The parties are released from liability for non-performance of obligations caused by force majeure for the duration of such circumstances.
10. Personal data and confidentiality
10.1. The Contractor processes personal data obtained during the conclusion and performance of the Contract in accordance with the Personal Data Processing Policy.
10.2. The parties undertake not to disclose to third parties access details, commercial terms and materials received from each other and not intended for publication, except for information permitted for disclosure by section 7.
11. Term and amendment of the offer
11.1. The offer is valid indefinitely until it is withdrawn by the Contractor. The Contractor may amend the terms of the offer; amendments take effect from the moment a new revision is published on the website and do not apply to Contracts accepted earlier.
11.2. The Contract remains in force until the parties have fully performed their obligations. The Customer may withdraw from the Contract before the result is handed over by paying for the part of the work actually performed.
12. Dispute resolution
12.1. The parties resolve disputes through negotiations; a claim is sent by e-mail and considered within 10 (ten) working days. If no agreement is reached, the dispute is referred to the court at the Contractor's location unless the law (including consumer protection legislation) provides otherwise.
12.2. Correspondence between the parties by e-mail and in the messengers specified when the Contract was concluded is recognised as a proper means of exchanging legally significant messages.
13. Contractor's details
- Company
- CodeService LLP
- [email protected]
- Phone
- +7 (495) 960-90-71