This document is an official offer (public offer) on the conclusion of a Offer for the provision of services by the Contractor, Individual Entrepreneur Elvina Abibullaeva. (IK 302233946) to Customers (an unlimited number of individuals who have agreed to the terms of this Public Offer). The Contractor requests to take into account that the above actions are full and unconditional consent (acceptance) with this Offer, in connection with which the Customer is recommended to carefully read the text of this Offer (including edits made over time) posted on the Website at the url: http://pike.digital/public_offer (hereinafter referred to as the Site), and in the case of disagreement with the terms - not to accept the Offer. The Contractor reserves the right to change the terms of this Offer by posting an updated version of the document on the Website. The effective date of changes to this Offer is the date of their publication on the Website. This Offer Agreement does not require a bilateral signature, is considered concluded from the moment of its acceptance by the Customer (by paying the invoice) and is valid in electronic form.
Subject of the contract
The Executor provides Advertising services on behalf of the Customer within the agreed time frames, and the Customer pays for the the Contractor’s services.
Placement details and terms are indicated in the invoice for payment.
The services are provided on the basis of the Customer’s technical specifications, where the content of the technical specifications and the desired deadlines for its completion should be set forth.
The Customer’s technical specifications and later additions to them, as well as individual comments for the Executor to take into account can be sent via messengers or e-mail.
The requirements for the provision of services procedure are stipulated by the content of this Contract.
Rights and obligations of the parties
The Contractor undertakes to:
Provide services to the Customer at the highest professional level, in a timely manner, for the benefit of Customer, to ensure the relevance of the services provided on the basis of this Offer so that these services comply with the instructions of the Customer.
Provide information on the progress of the services provision upon the request of the Customer. Such information at the request of the Customer is provided depending on the volume and stage of readiness of the work, which the Contractor additionally informs the Customer about.
Cooperate with the Customer, their employees and other persons specified by the Customer in the course of the provision of services under this Contract.
Keep secret confidential information about financial indicators received from the Customer in the course of the services provision. By default, all information received in connection with and during the provision of services is confidential and not subject to disclosure.
The Contractor has the right to:
Request the necessary clarifications from the Customer. If such clarifications are necessary to continue the provision of services, the period of provision of services is extended commensurately.
Make appropriate changes in coordination with the Customer to the technical specifications before the provision of services is started.
Receive remuneration for the provision of services.
Involve third parties in the provision of services without additional agreement with the Customer.
The Contractor retains personal non-property rights to the results of intellectual activity.
The Contractor can use the results and performance indicators of the services rendered without using numerical indicators in their own portfolio (including on the Internet).
The Contractor can use the Customer’s feedback about their work in any manner: publication on the Internet, with the name, nickname, image and comment of the Customer.
At the request of the Customer submit a report within 3 (three) business days, which includes information (with scripts) on integration with statistics for each of the integrations in Instagram and Telegram. The report form is developed by the Contractor.
The Customer is obliged to:
Assist the Contractor in the process of rendering services. Perform actions related to the identity of the Customer, participate actively in the course of the services provision.
Provide the Contractor with unhindered access to the place of rendering services and proper conditions in the premises where the services are to be provided.
Provide reliable information, provide Contractor with explanations and clarifications. The Customer guarantees that the information they give is reliable, does not violate the confidentiality as well as the copyrights of third parties.
Pay for the Contractor’s services in the amount and in the manner specified in this Contract.
Keep secret the information obtained from the other Party in the course of the execution of this Contact. By default, all information received in connection with and during the provision of services is confidential.
Take into account and implement all the recommendations of the Contractor that are aimed at achieving the objectives of the Contract, as well as ensure the provision of services to final customers and consumers at the highest professional level, with a decent level of service to meet the expectations stated in advertising integrations.
In case that objections are not submitted within 1 (one) business day from the date of provision of services, the services are considered accepted by the Customer without comment. The signing of the Act is not required.
The Customer has the right to:
Require the provision of services in accordance with the terms of this Contract.
Check the quality and order of the provision of services without interfering with the activities of the Contractor.
Make no more than 3 (three) edits when the approval of the materials is to take place and before the approval of the final version.
Contractor’s remuneration and payment procedure
The total cost of the Contractor’s services is in invoice (Lari).
The cost includes all taxes stipulated by the legislation of Georgia.
within 3 (three) working days from the date of signing the Contract
by cashless transfer.
The obligation to pay is considered fulfilled from the moment the funds are credited to the Contractor’s current account.
The cost of each subsequent edit before the final version is approved is 50 (fifty) Lari.
If the Customer does not make the payment in a timely manner, the period of provision of services is to be extended. The Contractor informs the Customer about the new terms of the provision of services. In this case, the violation of the time frames by the Contractor for the services provision is not considered as violation.
Responsibility of the parties
If there is a delay in the provision of services from the Contractor’s side due to the reasons beyond the control of the Customer, the Customer has the right:
agree upon new terms for the provision of the services;
demand reduction in the remuneration for the services provided for their untimely provision manner in the amount of up to 20% of the cost of the services;
submit a claim for a forfeit in the amount of 0.05% of the untimely rendered services cost, but not more than 10% of the total cost of services.
For violation of the payment conditions for services and provision of information by the Customer, the Contractor has the right:
require the Customer to pay a forfeit (forfeit fee) in the amount of 0.05% of the unpaid amount of money for the services provided for each day of delay, but not more than 10% of the total cost of services.
In case the Customer provides inaccurate, unreliable or infringing information, the Contractor has the right to unilaterally refuse to provide services without making a refund.
Under no circumstances is the Contractor responsible for the quality of the services provided by the Customer to their end customers and consumers.
The Contractor is not responsible for situations if they are related to or were the result of inaccurate or misleading information provided by the Customer; for non-fulfillment and/or improper fulfillment of obligations by third parties engaged into the process of services provision by the Customer; for absence of sales based on the results of the services provided; for non-compliance of the services provided to the expectations of the Customer and/or to Customer’s value judgement.
Additional services are subject to prepayment.
The Parties are freed from liability for non-fulfilment or improper fulfilment of obligations under the Offer in connection with force majeure circumstances.
An illness or any other malaise of the Contractor may be considered as an unforeseen circumstance, which, according to the Contractor themselves, does not make it possible for them to fulfil the obligations within the agreed time frames, of which the Contractor notifies the Customer.
In case of occurrence of these circumstances, the party is obliged to notify the other party within 3 (three) working days. In the event that the circumstances of force majeure continue for more than 1 (one) month, either Party has the right to refuse to perform the Contract.
Duration, termination of the Offer and amendments to it
This Offer comes into force from the moment of its signing and is valid until the parties fully fulfil their obligations under it.
The Offer may be terminated prematurely by agreement of the parties or at the request of one of the Parties. At the same time:
The Customer has the right to terminate the Offer at any time by notifying the Contractor at least 5 (five) working days in advance;
The Contractor has the right to terminate the Offer at any time by notifying the Customer at least 5 (five) working days in advance.
If the Customer has withdrawn from the Offer before the expiration of half of the period for the provision of services, the Contractor withholds 50% of the prepayment. If the Customer has withdrawn in the course of the second half of the service rendering period, the prepayment is non-refundable.
In case of termination of the Offer by the Contractor, they do not compensate for any costs or losses incurred by the Customer.
In case of termination of the Offer or after the expiration of the Contract, the Customer is not entitled to use the objects of intellectual activity that were created by the Contractor in the course of rendering the services (creatives, layouts, content) in their social networks, post on their website or transfer to other advertising agencies or agents for placement.
All the disputes related to the conclusion, interpretation, execution and termination of the Offer are to be resolved by the parties through negotiations.
The deadline for responding to a claim is 10 (ten) calendar days.
Documents substantiating the claims must be attached to the claim itself.
In case disagreements were not resolved through negotiations procedure as well as in case of non-receipt of a response from the other Party, the dispute is transferred to the court at the location of the Contractor in accordance with the current legislation.
During the Offer validity period and 5 (five) years after its termination, regardless of the grounds for termination, the Parties are obliged to keep secret the information that was available to them during the validity period of this Contract.
Terms of the Offer
The deadline for the Acceptance of the offer is limited by the presence of the offer on the Website.
This Offer Agreement comes into force from the moment of acceptance and is valid until the Parties fully fulfill their obligations.
Laws and other legal acts of Georgia, including relevant legal acts adopted by the subjects of Georgia and local self-government bodies, are subject to application on issues not regulated by this Offer.
The Parties acknowledge that all notices, communications, agreements, documents and letters sent using authorized e-mail addresses are considered to be sent and signed by the Parties, except in cases where such letters do not explicitly state the opposite, and can be used as written evidence in court.