PUBLIC OFFER

FOP Khabicheva Natalia Sergiyevna , EDRPOU 3036702583, hereinafter referred to as “Marketing Agency Mercury”, on the one hand, and any individual or legal entity or individual entrepreneur, hereinafter referred to as “Customer”, on the other hand, each jointly referred to as “Parties”, and each separately – “Party”, have concluded this Public Offer Agreement (hereinafter referred to as the “Agreement” or “Public Offer”), addressed to an unlimited number of persons, which is an official public offer of the Agency to conclude an Agreement with any Customer on the following:

1. PREAMBLE

1.1. Please read this document carefully to understand the rules for obtaining services from the agency.

1.2. References to the words "you" or "to you" (or close by the meaning of the word) means the Customer, depending on the context of this Agreement.

1.3. References to the words "we", "our" or "us" (or similar words) mean Mercuriy Marketing Agency.

1.4. The words he/she and their derivatives in the text of the document can be applied to both male and female persons, depending on the context of the document.

2. DEFINITIONS

2.1. Website of the Marketing Agency Mercury (hereinafter referred to as the “Site”) – means a web page or group of web pages on the Internet, which are located at the addresses: https://marketingmercury.com.ua belonging to the agency.

2.2. Customer's Consent (hereinafter "Consent") - is a voluntary, specific, informed and unambiguous expression of will in which the Customer, by means of a statement or a clear positive action, agrees to the terms of this Agreement.

2.3. Customer – is any individual or individual entrepreneur or legal entity receiving services from the agency.

2.4. Personal data – is any information that is in private access, which allows the Customer to be directly or indirectly identified. For example, name, surname, phone number, IP address.

2.5. Services – is an algorithm of actions performed by the agency in the field of information and consulting, marketing services, as well as advertising services. The Customer can familiarize himself with the description of services in more detail in the corresponding section of the Site.

2.6. Third Party – means a natural or legal person, government agency, institution or body other than the agency or the Customer.


 

3. DATA SUBJECT CONSENT

3.1. This Agreement is concluded by the Customer by providing full and unconditional consent (acceptance) to the conclusion The Agreement in full, without signing a written copy of the Agreement.

3.2. The Agreement has legal force in accordance with Articles 633, 641, 642 of the Civil Code of Ukraine and is equivalent to the Agreement signed between the Agency and the Customer.

3.3. If the Customer does not agree with the terms of the Agreement, the Agency does not provide the Service to such Customer.

3.4. Any of the following actions constitute your agreement to the terms of this Agreement:

  • 3.4.1. signing the Public Offer and other regulatory documents regulating the terms of the provision of Services;

  • 3.4.2. payment for the Services provided;

  • 3.4.3. by using the checkbox function by using a marker in a free field;

  • 3.4.4. Receiving Services.

3.5. The Agency reserves the right to obtain the Customer's Consent via a pop-up form. The pop-up form may contain a Consent form in the form of a checkbox.

3.6. By concluding this Agreement, the Customer automatically confirms that he has read the Agreement and agrees to the new and unconditional acceptance of the terms and conditions.

3.7. By agreeing to the terms of the Agreement, the Customer gives his express Consent to:

  • 3.7.1. the conditions for receiving the Services provided for in this Agreement and the conditions set out on the Site;

  • 3.7.2. Terms of payment for Services;

  • 3.7.3. Refund conditions;

  • 3.7.4. conclude an individual contract for the receipt of Services, if necessary and upon the instructions of the Agency;

  • 3.7.5. compliance with the terms of this Agreement.

4. REGISTRATION

4.1. Currently, to receive the Services, the Customer does not need to register on the Site, and registration is not provided on the Site.

4.2. To receive additional functions, the Customer must register on the Agency's website, located at the web address: marketingmercury.com.ua. To register, the Customer must provide Personal Data and perform the actions provided for in the relevant section of the site.


 

5. PROVISION AND PAYMENT OF SERVICES

5.1. The Agency provides the following Services to the Customer:

  • 5.1.1. Website consultation and development. The Agency provides the Customer with website creation services in accordance with their requirements and business.

  • 5.1.2. SEO optimization. SEO optimization – is a set of measures aimed at improving the indexing of the Customer's website and increasing the visibility of the Customer's website in search engines, such as Google.

  • 5.1.3. SEO promotion. SEO promotion – is a complex and multifaceted process aimed at optimizing a website to improve its visibility in search engines such as Google.

  • 5.1.4. Marketing Services. The Agency provides the Customer with comprehensive solutions for the implementation of its project to achieve the Customer's business goals. Horoshop Service. The Agency may use the Horoshop service to provide Services, and in this case, the provision of services is regulated by the public offer for the provision of Horoshop services.

  • 5.1.5. Horoshop Service. The Agency may use the Horoshop service to provide Services, and in such case, the provision of services is regulated by the public offer for the provision of Horoshop services.

  • 5.1.6. Website support and maintenance. The Agency provides support services for the Customer's website, including functional improvements and error correction, for a period of up to two calendar weeks.

5.2. Payment for the Services is made in accordance with the price list or by agreement agreed between the Parties.

5.3. Payment is made in the national currency of Ukraine - hryvnia.

5.4. The cost of the Services provided cannot be changed after the conclusion of the Agreement, unless otherwise provided by the Agreement or an additional agreement between the Parties.

5.5. The Customer has the right to pay for the Services in the following ways:

  • 5.5.1. Using a payment card using the details of the individual entrepreneur;

  • 5.5.2. By other means that may be proposed by the Agency and/or agreed upon between the Parties.

  • 5.5.3. If the Customer does not pay this invoice or does not send reasoned comments regarding its content, the Agency shall have no obligations to provide the Services to the Customer

5.6. The moment of payment for the Services is considered the date of crediting the funds to the Agency's bank account.

5.7. Refunds are possible only if the Agency fails to provide the Services to the Customer within the specified time frame.

5.8. The Customer pays all bank fees and any other payments that arise when paying for the Agency's Services.

 

6. ACCEPTANCE-TRANSMISSION OF SERVICES

6.1. The Parties agreed that the fact of the provision of Services by the Agency and their acceptance by the Customer is agreed upon by the Parties by signing the Acceptance and Transfer Act (hereinafter referred to as the “Act”) in writing by using the service for signing documentation Vchasno (https://vchasno.ua/).

6.2. The responsibility for drawing up the Act lies with the Agency.

6.3. The Parties agreed on the following mechanism for signing the Act:

  • 6.3.1. The Agency sends the Customer a Certificate describing the Services provided and their cost;

  • 6.3.2. The Customer, within 3 (three) business days from the date of receipt of such Act, either signs such Act or sends comments on its content;

  • 6.3.3. If the Agency receives comments on the content of such an Act, it undertakes to send the Customer a new Act within a reasonable time;

  • 6.3.4. If the Customer does not sign such Act or send comments on its content within 3 (three) business days from the date of receipt of such Act, then such Act is considered signed by the Customer, and the Services are provided by the Agency in full and the Services are subject to final payment, if such payment is provided for in the invoice.

7. REFUND

7.1. The Agency shall refund the Customer only for the Services not provided. If the Agency has spent resources to provide the Services, then the Customer shall not be refunded for the Services actually provided, regardless of the Customer's subjective assessment of the quality of the Services provided by the Agency.

7.2. If the Customer has made a 100% prepayment and no more than 30 (thirty) calendar days have passed since the Customer made the payment and sends a request for a refund, the Agency may refund the Customer from 30% to 100% of the cost of the Services, depending on the volume of Services provided to the Customer.

7.3. The Agency may refund the Customer the funds paid by the Customer to the Agency as payment/prepayment for the provision of Services if such Services were not provided due to the Agency's fault, but if such Services were not provided due to the Customer's fault and/or force majeure, then the Agency shall not refund the Customer.

7.4. To receive a refund, the Customer, a legal entity or an individual entrepreneur, must write an official request to the following e-mail address of the Agency: info@marketingmercury.com.ua or in the working chat, where the following information is mandatory: the reason for the refund, the name of the payer (business entity), Unified State Register of Accounts (EDRPOU) code, location and contact phone number of the recipient, account details of the recipient of funds, amount of funds to be refunded.

7.5. To receive a refund, the Customer, an individual, must write an application in any form to the following e-mail address of the agency: info@marketingmercury.com.ua or in the work chat with the mandatory indication: reason for the refund, last name, first name, patronymic of the individual, registration number of the taxpayer's registration card (RNOKPP, identification code) or series and passport number (for individuals who, due to their religious beliefs, have refused to accept the registration number of the taxpayer's registration card in accordance with the established procedure and have a mark in their passport), place of residence of the individual and contact phone number recipient, account details of the recipient of funds, amount of funds to be returned.

7.6. The Agency accepts applications for a refund exclusively within 30 (thirty) calendar days from the moment of acceptance of the result of the provision of Services by the Customer, which is confirmed by the signing of the Act by the Parties. To prevent double interpretation of this clause, the Agency accepts applications for a refund from the Customer exclusively within 30 (thirty) calendar days from the moment of signing the Act.

7.7. After receiving the application/official letter from the Customer, the Agency shall make a decision on the refund within 5 (five) business days from the date of receipt of such application/official letter. If the refund does not contradict this section of this Agreement, the Agency shall make a decision on the refund to the Customer.

7.8. The Agency shall refund the funds according to the details specified by the Customer in the application/official letter, by bank transfer, within 14 (fourteen) calendar days from the moment the Agency makes the decision, if such refund does not contradict the rules for refunding funds, included in the terms of this section of this Agreement.


 

8. INTELLECTUAL RIGHTS

8.1. All property and intellectual property rights to the program code and design of the result of the Services are transferred from the Agency to the Customer at the time of their full payment by the Customer, with the exception of creating a project for the Customer using the Horoshop service (https://horoshop.ua) - in the case of using the Horoshop service, all property and intellectual property rights to the program code and design of the result of the Services belong to such Horoshop service.

8.2. The Agency grants the Customer a non-exclusive right to use the Services and content of the Site.

8.3. The Customer grants the Agency a non-exclusive right to use, copy, process and transfer Personal Data during the period of use of the Services.

8.4. The Parties have agreed that the Agency transfers to the Customer all exclusive property rights to Intellectual Property objects created during the provision of the Services, namely:

  • 8.4.1. exclusive right to use the intellectual property object;

  • 8.4.2. the exclusive right to authorize the use of the intellectual property;

  • 8.4.3. the exclusive right to prevent the unlawful use of the intellectual property object, including the right to prohibit such use;

  • 8.4.4. and all other intellectual property rights that exist today or that may arise in the future.

8.5. The exclusive right to use the intellectual property object allows the Customer to sell or otherwise transfer intellectual property rights in any form, by any means and without any restrictions during the term of copyright in all countries of the world.

8.6. The Customer's exclusive property rights to intellectual property objects created by the Agency during the performance of the Agreement extend to the finished intellectual property object, as well as to its components obtained during its creation.

8.7. The fee for the transfer of exclusive property rights to intellectual property objects is included in the cost of the Services.

9. RIGHTS AND OBLIGATIONS

9.1. Customer's obligations:

  • 9.1.1. pay for the Services in accordance with the terms of this Agreement;

  • 9.1.2. provide the Agency with all necessary information;

  • 9.1.3. comply with the terms of this Agreement.

9.2. Responsibilities of the Agency:

  • 9.2.1. provide the Services to the Customer;

  • 9.2.2. provide the Customer with all necessary information;

  • 9.2.3. make a refund in accordance with the terms of the Agreement;

  • 9.2.4. comply with the terms of this Agreement.

9.3. Customer's Rights:

  • 9.3.1. receive the Services in accordance with the terms of this Agreement;

  • 9.3.2. obtain all necessary information from the Agency.

9.4. Agency Rights:

  • 9.4.1. receive payment for the provision of Services;

  • 9.4.2. unilaterally change the cost and terms of the Services;

  • 9.4.3. verify the identity, address and activities of the Customer;

9.4.4. apply sanctions to the Customer, in accordance with the terms of this Agreement;

9.4.5. request any additional information from the Customer;

9.4.6. unilaterally change the terms of this Agreement.

10. RESPONSIBILITY

10.1. If the Customer has not provided any information at the request of the Agency and/or has provided inaccurate information, the Agency has the right to refuse to provide the Services to the Customer and terminate this Agreement unilaterally and without refund.

10.2. Marketing Agency Mercury is not responsible for:

  • 10.2.1. For inaccurate information provided by the Customer, which affected the quality of the Services;

  • 10.2.2. In case of discrepancies between the Customer's “expectations” and the final result of the provision of Services;

  • 10.2.3. For any defects arising from the provision of Services due to the fault of a Third Party/Customer;

  • 10.2.4. For the impossibility of providing the Services, in the event of force majeure circumstances: hostilities, natural disasters, man-made and other accidents, strikes, lockdowns, actions of government bodies, epidemics, pandemics, emergencies, lack of electricity, riots, uprisings, civil unrest, loans, fires, floods, storms, explosions, government actions, court orders and other similar circumstances;

  • 10.2.5. For technical limitations or bugs/defects of third-party services used by the Agency to provide the Services;

  • 10.2.6. In cases of blocking of the Customer's Google services accounts (Merchant Center) after receiving the Services from the Agency;

  • 10.2.7. For lack of communication with the Customer.

10.3. Marketing Agency Mercury has the right to terminate any relationship with the Customer without compensation for damages if the Customer systematically violates generally accepted rules of communication, uses foul language, or behaves impolitely towards the Agency and its employees.

10.4. The Parties undertake to keep confidential the confidential information and trade secrets that have become known to them in connection with the fulfillment of the terms of the Agreement, not to disclose the confidential information and trade secrets of the other Party, and not to use the relevant information in their own interests or the interests of third parties.

10.5. In the event of a violation by the Customer of the terms of the Agreement, the Agency may apply the following sanctions to the Customer:

  • 10.5.1. restrict the Customer's access to the Services;

  • 10.5.2. terminate the provision of the Services.

10.6. The Marketing Agency Mercury has the right to apply sanctions to the Customer if the Agency has any suspicion of:

  • 10.6.1. violation of the terms of this Agreement;

  • 10.6.2. the Customer commits fraudulent/illegal/unlawful actions;

  • 10.6.3. violation by the Customer of the property and/or intellectual rights of a Third Party.


 

10.7. The Parties agreed that the Agency has the right to place the result of the Services in its portfolio, including, but not limited to: placing such result on its websites, social media pages, printed publications and demonstrating it to third parties/potential clients.

10.8. Marketing Agency Mercury reserves the right, but not the obligation:

  • 10.8.1. monitor violations of the Agreement;

  • 10.8.2. take appropriate legal action against anyone who, in its sole discretion, violates the laws of Ukraine or the Agreement, including, but not limited to, reporting such Customer to law enforcement agencies;

  • 10.8.3. in our sole discretion and without limitation, notice or liability, remove from the Site or otherwise disable any files and content that are excessively large or otherwise burden our systems;

  • 10.8.4. administer the Site in a manner that protects our rights and property and promotes the proper functioning of the Site.

10.9. To the extent permitted by law, we provide the materials and Services on an "as is" basis. This means that we make no warranties of any kind, including, without limitation, warranties of merchantability and fitness for a particular purpose.

10.10. THE AGENCY IS NOT RESPONSIBLE FOR THE CONSEQUENCES CAUSED BY THE ACTIVITIES OF HACKERS, CRIMINAL MODIFICATION OF SOFTWARE, AND ANY OTHER ACTIVITIES THAT DAMAGE THE SOFTWARE.

11. LEGISLATION AND DISPUTE RESOLUTION

11.1. All relations between the Agency and the Customer arising in connection with the fulfillment of the terms of these Services are governed by the legislation of Ukraine.

11.2. Any dispute arising out of or in connection with this Agreement, including any issues relating to its existence, validity or termination, shall be referred to and finally resolved by a court of Ukraine, in accordance with the laws of Ukraine.

12. VALIDITY TERM

12.1. The Agreement is valid for the period of receipt of the Services by the Customer. In the event of termination of the use of the Services and termination of relations between the parties, the terms of the Agreement shall cease to apply.


 

13. TESTING CHANGES

13.1. Marketing Agency Mercury reserves the right to unilaterally make changes to this Agreement, which shall enter into force upon publication of the new text of the Agreement on its Website.

13.2. The Customer is obliged to familiarize himself with the new terms of the Agreement and the Agency is not responsible if the Customer has not familiarized himself with the new terms of the Agreement.

13.3. Our electronic or otherwise stored copies of the Agreement shall be deemed to be the true, complete, valid and enforceable versions of this Agreement in effect at the time of Customer's visit to the Site. If Customer uses the Services after the date of renewal of the Agreement, we shall be entitled to assume that Customer has read the new version of the Agreement and agrees to the terms of the Services.


 

14. REQUISITES

FOP Khabicheva Natalia Sergiyevna
Legal/postal address: Ukraine, 09117, Bila Tserkva, Pushkinska St., 76a
Current account: UA473220010000026009340111495 in the bank JSC  UNIVERSAL BANK»
MFO 322001
RNOKPP: 3036702583
Contact number: +38 (067) 200-88-44