"Contractor" - individual entrepreneur Vladyslav Pavlenko.
"Software product" - software (presented in an objective form, a set of data and commands intended for the operation of computers and other computer devices in order to obtain certain results) for the operating system IOS, Android.
"Api", "API" - is a set of ready-made classes, functions, procedures, structures and constants.
"Services" - means a set of modification functions to the finished design of the Software Product performed by the Contractor under this Agreement, as well as software maintenance within the support period.
"Support period" - the term of the software subscription and the validity of a simple non- exclusive software license under this Agreement, during which the Contractor guarantees the operation of the software (its operability, improvement of existing and development of new functions, elimination of errors in the software, provision of hosting).
"Technical Task" - the Customer's assignment for the modification of the finished software design, which is filled in by the Customer on the website b2ckit.com within the framework of possible ready-made designs and the limits of their modification proposed by the Contractor.
"Ready Software Design" - The Contractor's software provided to Customer’s possession and use under this Agreement, the design of which is based on standardized options, from which the Customer chooses and the modification of which is possible within the limits established by the Contractor.
1. Subject of the Agreement 1.1. The Contractor undertakes to modify the finished design of the Software Product in accordance with the Technical Task and provide the Customer with the rights to use this software during Support Period without transferring to the Customer the exclusive rights of the Software and without providing the software source code, and the Customer undertakes to accept the Functions and pay for them in accordance with the Agreement. 1.2. Products are created in accordance with the requirements of the Customer specified in the Technical Task, based on the Ready Software Designs of the Contractor's software. 1.3. The Contractor is the copyright holder of the software as a result of intellectual activity (computer programs) and grants the right to use the software to the Customer only for the purposes provided by the functionality of this Software Product, including posting information about the sale of goods / provision of services by the Customer to its customers, customer support, and the so on.
2. Obligations and Interaction of the Parties 2.1. The Customer is obliged: 2.1.1. To provide for execution of the Services the initial data according to the list and functionality of the personal account of the b2ckit.com website; 2.1.2. To pay for the creation of the Software Product in accordance with the terms of the Agreement; 2.1.3. To sign the Act of completed work on software modification.
2.2 The Customer has the right: 2.2.1. To control the progress and quality of the Contractor's work under this Agreement on their own and / or with the involvement of third parties.
2.3. The Contractor is obliged to: 2.3.1. Modify the Software Product in accordance with the Technical Task and the initial data of the Customer; 2.3.2. Ensure the functioning of the software during the Support Period; 2.3.3. Transfer the modified software in the manner specified in this Agreement.
2.4. The Contractor has the right to: 2.4.1. Suspend the working process in case of delay of payment by the Customer; 2.4.2. Suspend the working process until the initial data is received, provided through the functionality of the personal account of the b2ckit.com website;
2.5 Communication. 2.5.1. All correspondence is conducted through the functionality of the b2ckit.com website and the e-mail indicated on it.
3. Exclusive Rights for the Software Product 3.1. Exclusive rights for the software and source code can not be transferred to the Customer. 3.2. The rights to use the software provided to the Customer under this Agreement are provided under a simple non-exclusive software license. 3.3. The term of the license equals the Software Product Support Period.
4. Cost and cost settlement procedure 4.1. The cost of the Contractor's Services is indicated on the websiteb2ckit.com and includes reward for using the software under a simple non-exclusive license during the Support Period. 4.2. All settlements under the Agreement are made in a non-cash manner by using the payment service on the website b2ckit.com or by transferring funds to the account of the Contractor on the basis of the invoice issued by the Contractor. 4.3. Payment for software modification operations is made on the basis of full prepayment upon signing the Agreement, payment for software maintenance work is made on the basis of full prepayment on a monthly basis on the date of conclusion of the Agreement. 4.4. In case of non-payment for software maintenance, the Support Period is terminated, the modified software is stored on the hosting of the Contractor for one month period, after which it could be deleted permanently. To renew the Support Period after software removal, the payment for the modification services should be made by the Customer additionally. 4.5. The provision of additional services is paid on the basis of the Contractor's Price List indicated on the b2ckit.com website. 4.6. The fee during the Support Period and the cost of additional services can be changed by the Contractor unilaterally by posting information on the b2ckit.com website one month prior to such change.
5. The order of delivery and acceptance of Services 5.1. Delivery and acceptance of the Software Product is carried out by placing it on the hosting of the Contractor, as well as in the Contractor's accounts on the AppStore and GooglePlay services. 5.2. The Customer should sign an Act of completed work on the modification of the software or states reasoned comments within five days after receiving from the Contractor. Failure to receive objections indicates the absence of comments from the Customer and acceptance of the Services performed.
6. Support Period 6.1. The Developer provides support for the functioning of the software during the Support Period. 6.2. Functional support includes: updating software to fix errors and compliance with the requirements of AppStore and GooglePlay services, providing hosting, ensuring the smooth functioning of the software. 6.3. In case of any errors leading to a deviation from its proper functioning detected in the software, the Developer undertakes to eliminate such errors at his own expense within a period of no more than ten working days from the moment of the Customer's request or their discovery by the Contractor.
7. Additional obligations 7.1. The Parties declare and guarantee that they have received all official permits and licenses, as well as corporate agreements to fulfill their obligations in accordance with this Agreement. 7.2. The Parties guarantee that they are duly fulfilling their obligations to pay taxes and fees stipulated by the country of their registration and activity. 7.3. The Contractor hereby declares and confirms that he has the necessary equipment and materials for the execution of this Agreement. 7.4. The Contractor has the right to upload the finished product to his portfolio on the website b2ckit.com without specifying information about the Customer. 7.5. This Agreement is concluded for usage of Software Products in the business of the Customer.
8. Liability of the Parties and Arbitration 8.1. The Parties are responsible for non-fulfillment or improper fulfillment of their obligations under this Agreement in accordance with the procedure established by the legislation of the Ukraine. 8.2. Disputes and disagreements arising under this Agreement shall be resolved by the Parties through negotiations. 8.3. The Contractor is not responsible for the period of checking the application in the GooglePlay and AppStore services. 8.4. The Contractor is not responsible for the temporary inability to use the software due to the actions of Third Parties: technical work on hosting, inaccessibility of AppStore and GooglePlay services, hacker attacks on the Contractor's servers.
9. Force majeure 9.1. Force majeure is considered to be events that occurred after the entry into force of this Agreement, regardless of the will of the Parties, and which could not have been foreseen at the time of signing this Agreement and prevented by reasonable actions. These events, by their influence, may postpone or impede the performance of all or part of the work under the Agreement. 9.2. If the execution of work should be postponed due to force majeure, the Party affected by the force majeure shall notify the other Party in writing about the day the force majeure begins. With the termination of the force majeure and the restoration of normal conditions, the Party affected by the force majeure shall notify the other Party in writing.
10. Additional conditions 10.1. The Agreement comes into force from the moment of accession to it by the Customer and is valid until the full fulfillment of the obligations of the Parties. 10.2. This Agreement is posted on the website b2ckit.com as a Adhesion Agreement. 10.3. The parties agreed to sign the Agreement in electronic form by joining the Customer through the functionality of the b2ckit.com website.
11. Details for payments Company Name: individual entrepreneur Vladyslav Pavlenko IBAN Code: UA503052990000026000050555025, Name of the bank: JSC CB "PRIVATBANK", 1D HRUSHEVSKOHO STR., KYIV, 01001, UKRAINE Bank SWIFT Code: PBANUA2X Company address: 52512, UKRAINE, OBL. DNIPROPETROVSKA, R-N. SYNELNYKIVSKY, S. KYSLYANKA, STREET. VYKONKOMIVSKA, B. 40, CORP. AND
Account in the correspondent bank: 001-1-000080 SWIFT Code of the correspondent bank: CHASUS33 Correspondent bank: JP Morgan Chase Bank, New York ,USA;
Account in the correspondent bank: 890-0085-754 SWIFT Code of the correspondent bank: IRVT US 3N Correspondent bank: The Bank of New York Mellon, New York, USA;
Account in the correspondent bank: 36445343 SWIFT Code of the correspondent bank: CITI US 33 Correspondent bank: Citibank N.A., NEW YORK, USA
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