Public Offer for the Provision of Services

1. 01Who makes the offer

   The offer is made by Kolpakov German Andreevich, INN 230607795024. Contacts for acceptance and correspondence: [email protected], +7 (918) 456-94-75.

2. 02Acceptance of the offer

   The offer is accepted either by signing an Appendix (order) to the contract, or by paying the first instalment under it, whichever happens first (Art. 438(3) of the Russian Civil Code). From the moment of acceptance, the contract is considered concluded on the terms set out in the offer and in the signed Appendix.

3. 03Subject matter

   The Contractor provides services for the design, development, implementation and maintenance of software products, and security-audit services. The specific scope of work, deadlines and cost of each project are recorded in an Appendix to the contract.

4. 04How the work proceeds

   • the Client sends a brief; the Contractor prepares an estimate and a plan of work;
   • once these are agreed, the parties sign an Appendix to the contract;
   • the work is carried out in stages; interim results are demonstrated at least once every three working days;
   • at the end of the work, the parties sign an acceptance certificate (акт);
   • a change to the scope of work is recorded in writing and entails a recalculation of the deadline and the cost.

5. 05Cost and payment

   The cost is set by the estimate in the Appendix, broken down by task. The standard payment procedure is three instalments: at the start, on acceptance of the prototype and after launch; for projects longer than two months the parties may agree on monthly payment for work actually done. Estimating the task and preparing the estimate are not charged for.

   No VAT applies. After each payment the Contractor gives the Client a document confirming payment.

6. 06Acceptance of the work

   On completion of a stage or of the project, the Contractor sends the Client an acceptance certificate (акт). The Client has 5 working days to review it and either sign it or send a reasoned refusal. If within that period the Client has neither signed the certificate nor sent a reasoned refusal, the work is deemed accepted in the scope stated in the certificate.

7. 07Rights to the result

   Exclusive rights to the result created under the contract pass to the Client once payment is made in full (Art. 1296 of the Russian Civil Code). The source code is transferred to the Client's repository. The Contractor retains the right to use general technical solutions and developments that contain no data of the Client.

8. 08Warranties

   Within six months from the date the acceptance certificate is signed, the Contractor eliminates defects free of charge: anything that does not match the scope of work agreed in the Appendix. The first month after launch is wider and also covers minor adjustments within the agreed functionality that work but work awkwardly. The warranty does not extend to changes made by third parties or by the Client, to new requirements that were not part of the scope, or to failures of third-party services and infrastructure not handed over to the Contractor for support.

9. 09Confidentiality

   The parties do not disclose information obtained in the course of the work. At the Client's request, a non-disclosure agreement (NDA) is signed before the task is discussed. The Client's data is not used in other projects and is not published without written permission.

10. 10Processing of the Client's personal data

    Where the Client shares personal data of its own clients or employees for the services to be provided, the Contractor processes it on the Client's instructions under Art. 6(3) of Federal Law No. 152-FZ, to the extent and for the purposes the Client defines, and does not use it for the Contractor's own purposes.

11. 11Liability and force majeure

    Each party's liability is limited to the amount actually paid under the Appendix to which the breach relates. A party is released from liability for non-performance caused by force-majeure circumstances that it notified to the other party within a reasonable time.

12. 12Termination

    Either party has the right to withdraw from performance by notifying the other in writing. The Client pays for the volume of work actually performed and receives everything that has been done by the moment of termination, including the source code and the documentation. No penalties for termination apply.

13. 13Disputes

    Disputes are resolved through negotiation. A claim is considered within 10 working days of receipt. A dispute not settled through negotiation is referred to the court at the Contractor's location, except for disputes with a Client who is a consumer within the meaning of the Russian Law "On Protection of Consumer Rights": Art. 17 of that law applies to such disputes, including the right to sue at the consumer's own place of residence.

14. 14Model contract and details

    The full text of the model contract with its appendices is available on the "Model contract" page and as a downloadable file. Where the text on the site and a contract actually signed by the parties differ, the signed contract prevails.

    Contractor's details: Kolpakov German Andreevich, INN 230607795024, email [email protected], phone +7 (918) 456-94-75.

Questions about this document: [email protected]