On the provision of advertisement and marketing services
Individual Entrepreneur “Individual Entrepreneur Nikita Drachikov”, located in Georgia, City Batumi, Tbel Abuseridze Street, N 38, flat N63 (hereinafter referred to as the Executor), on the one hand, offers (a public offer) to an unlimited number of individuals and/or legal entities (hereinafter referred to as the Customer), on the other hand, who in the future collectively referred to as the Parties, and each separately as a Party, have entered into a public agreement on the provision of advertisement and marketing services (hereinafter referred to as the agreement).
This Agreement is public and it’s conditions are the same for all Customers.
1. Definition of terms and general provisions
1.1. Services are set of advertisement and marketing services by the Executor
in the manner and on the conditions determined by this Agreement.
1.2. Public offer (hereinafter referred to as the “Offer”, “Agreement”) is a public offer addressed to an unlimited number of individuals who have entered into an Agreement on the terms contained in this Offer.
1.3. In this agreement, the Executor’s Website is a web page on the Internet at the address: https://comradenerdy.com, which is the official source of informing Customers about the Executor and the services that are provided to them.
1.4. Acceptance is a full, unconditional acceptance of the conditions by the Customer, including the form in which they are set out in the text of this Offer.
1.5. Customer is an individual who has accepted this Offer.
1.6. Parties – the Executor and the Customer.
2. Subject of the agreement
2.1. In the manner and on the conditions stipulated by this Agreement, the Executor undertakes to provide the Customer with services, and the Customer undertakes to accept and pay for the Services in the manner and within the time frame specified in this Agreement.
2.2. The volume, procedure and terms for the provision of services are determined by the Parties separately.
2.3. By agreeing to the terms of the Agreement, the Customer confirms his legal capacity, including reaching the age of 18, the legal use of payment systems, and also realizes the responsibility for the obligations imposed on him as a result of the conclusion of this Agreement.
3. Terms of Service
3.1 Advertisement and marketing services are provided with the
personal presence of the Customer at the Executor’s office, or in the
form of remote playback by phone call, or by email messages, or using the messengers agreed upon by Parties.
3.2 The Customer independently chooses the form of providing advertisement and marketing services. Acceptance of this Offer is sending request for the provision of services using contacts on the Executor’s Website and means full and unconditional acceptance by the Customer of the terms of this Offer and is equivalent to the Customer’s handwritten signature under the Agreement.
3.3 From the moment the funds are credited to the Executor’s account, this
Offer is considered accepted. From the moment of acceptance of this
Offer, the unilateral refusal of the Customer from the Agreement is
impossible.
3.4 The Customer, who has made a prepayment, may refuse the services by notifying the Executor in writing, by submitting an application to the email address: dungeon@comradenerdy.com no later than 3 working days before the start of the provision of services. In this case, the Executor, on the basis of the Customer’s application, returns the funds received to him within 14 days. If the Customer refuses services later than 3 working days before their start, the funds received by the Executor to the Customer are not returned.
3.5 If advertisement and marketing services are provided in a remote format,
then before starting the performance of services, the Customer receives
an invoice for payment to the email address specified by the Customer in
their request.
3.6 The service is considered to be provided from the moment the Executor performs all the actions provided for in the contract.
4. Rights and obligations of the parties
4.1. The Executor undertakes:
4.1.1. Accept from the Customer an application for the provision of services sent with methods specified on Executor’s Website.
4.1.2. Timely, properly and in full to provide the Customer with services in accordance with this Agreement
4.1.3. Accept from the Customer and properly store the documents transferred in connection with the fulfillment of the obligations provided for in this Agreement, and return them immediately after the expiration of the term or early termination of the Agreement
4.1.4. Not to disclose information constituting a commercial secret of the Customer.
4.2. The Customer undertakes:
4.2.1. Indicate reliable, complete and accurate information about yourself when filling out the application for the provision of services and sending it with correct methods specified on the Executor’s Website. If the information in the application turns out to be unreliable, the Executor is not responsible for the impossibility of establishing contact with the Customer and providing services under this Agreement.
4.2.2. During the term of this Agreement, upon the request of the Executor, promptly and in full provide the Executor with complete and reliable information, as well as provide the Executor with access to the Customer’s documents, to the extent necessary to fulfill the Executor’s obligations under this Agreement.
4.2.3. Timely and in full pay for the services of the Executor in the manner and on the terms determined by this Agreement.
4.2.4. Timely and in full pay the state fee, court fees and all payments that are necessary for the quality implementation of this agreement.
4.2.5. Do not disclose information constituting a commercial secret of the Executor.
4.3. The Executor has the right:
4.3.1. Get access to information, including confidential information, and documents of the Customer in the amount that is necessary to fulfill the obligations of the Executor provided for in this Agreement.
4.3.2. To get paid for their services and to be compensated for any additional expenses that are necessary for quality implementation of this agreement in the manner provided for in Section 5 of this Agreement.
4.4. The Customer has the right:
4.4.1. Receive services of proper quality in accordance with this offer.
4.4.2 At any time, get acquainted with all relevant and updated information about services on the Executor’s Website.
4.4.3. Use the results of the provision of services in their business activities without any restrictions.
5. Executor’s remuneration and payment procedure
5.1. For the provision of the Services under this Agreement, the Customer pays the Executor a fee.
5.2. The amount of the Executor’s remuneration is determined by agreement of the Parties and depends on the content and scope of the Services provided under this Agreement.
5.3. Description (content) and scope of services, amount of remuneration, payment term are determined by the Parties separately.
5.3.1. The total cost of the Services under this Agreement is the total cost of all Services that will be provided by the Executor in the performance of this Agreement.
5.4. Payment for the Services is made by non-cash transfer of funds by the Customer to the current account of the Executor in the national currency of Georgia – Lari, as well as in foreign currency, such as US Dollar / Euro, by payment through the bank transfer or online payment determing by agreement of the Parties, after sending the Invoice (invoice) to the electronic customer’s address.
5.4.1. The moment of payment for services by the Customer is the date of receipt of funds to the account of the Executor.
5.4.2. In case of early termination of the Agreement, the Executor returns the funds within 14 days, on the basis of an application submitted to the email address: dungeon@comradenerdy.com, minus the cost of services performed by the Executor.
6. Procedure for accepting the results of services
6.1. Upon completion of the provision of the Services, the Executor provides the Customer with an Invoice for the services rendered.
6.2. In case of disagreement with the content of the act and / or the volume or other criteria of the services provided, the Customer undertakes, within 5 days from the date of receipt of the relevant Invoice, to send a reasoned written refusal to the Executor’s address, in which to provide justified explanations regarding the grounds for refusing to accept Invoice in whole or in part.
6.3. In the event that the Customer does not send a written justified refusal specified in clause 6.2. of the Agreement on time, the Services will be considered accepted by the Customer and provided by the Executor properly, in accordance with the terms of this Agreement.
6.4. If the volume of services rendered exceeds the time stipulated by the Parties and / or goes beyond the content of the services agreed by the Parties, the final (final) cost of the actual volume of services rendered is agreed by the Parties in the Invoice.
7. Confidentiality
7.1. For the purposes of this Agreement, the term “Confidential Information” means:
7.1.1. all official, not generally known and non-public information, including commercial secrets, financial data, business, technical, operational and other information, technological information, data, experience and knowledge of any kind and in any form, directly or indirectly related to the Parties to this Agreement, data on suppliers and conditions of transactions with them, financial plans of the Parties’ activities and reports on past activities, which became known to the Parties in written, oral, electronic or other form during their cooperation;
7.1.2. any information in the possession, use or disposal of the Parties and which will become known to the Parties in connection with cooperation and general contractual relations;
7.1.3. any information that is not generally known or publicly available and has actual or potential value for the Party for commercial reasons, the disclosure of which may cause material damage, as well as undermine the business reputation or prestige of the Party or its personnel;
7.1.4. any document of the Party (including in electronic form) marked “Confidential” and / or “For official use”.
7.2. Specified in clause 7.1. information is recognized as confidential only if it is not generally known and / or publicly available, and the Parties take all necessary measures to ensure its safety with respect to it.
7.3. The Parties undertake mutual obligations to use the confidential information provided or became known during the validity of this Agreement and during the cooperation of the Parties, only in accordance with the terms of this Agreement and only to the extent and for the purpose for which such information was provided.
8. Protection of personal data
8.1. Under this Agreement, the Customer may transfer personal data of employees/representatives to the Executor.
8.2. Personal data under this Agreement is transferred for the purpose of fulfillment by the Executor of the Agreement.
8.3. The Executor has the right to process personal data to the extent necessary to provide the Services under this Agreement, solely for the purpose of fulfilling this Agreement.
8.4. By signing this Agreement, the authorized representatives of the Parties agree to the processing of their personal data in order to confirm the authority of the subject to change and terminate the Agreement, to ensure the implementation of administrative and legal relations, relations in the course of business activities and other relations provided for by law.
9. Responsibility of the parties
9.1. In case of violation of their obligations under this Agreement, the Parties shall be liable under this Agreement and the current legislation of Georgia. Violation of an obligation is its failure to perform or improper performance.
9.2. The Parties shall not be liable for violation of their obligations under this Agreement, if it occurred through no fault of theirs. A party is considered innocent if it proves that it has taken all measures dependent on it for the proper fulfillment of its obligation.
9.3. In case of non-fulfillment of monetary obligations under the Agreement, the Customer is obliged to reimburse the Executor for the amount of the debt, as well as a penalty in the amount of 1% of the total cost of the Services, determined by the relevant invoice, for each day of delay.
9.4. In the case that the Customer fails to pay the payments provided under this Agreement, the Executor reserves the right to suspend the provision of the Services provided under this Agreement.
9.5. The Executor shall not be liable for non-performance or improper performance of obligations under this Agreement, if it occurred as a result of non-performance or improper performance by the Customer of its own obligations under this Agreement.
9.6. In case of disclosure of Confidential Information and violation of the terms of this Agreement, the Party that allowed such disclosure is obliged to compensate the other Party for documented damages resulting from the disclosure of Confidential Information and related to non-fulfillment or improper fulfillment of the terms of this Agreement, including damage to business reputation.
10. Force majeure circumstances
10.1. The Parties are exempt from liability for full or partial failure to fulfill their obligations under this Agreement, if it is caused by force majeure circumstances (force majeure), such as: natural disasters, fires, floods, earthquakes, war, blockade, occupation, introduction of quarantine norms, seizures documents by state authorities (search, temporary access to things and documents, requests from state authorities on the basis of current legislation), regulations or laws issued by authorized state bodies that impose a ban on the provision of services specified in this Agreement, etc. and beyond their control are extraordinary in nature and unpredictable.
10.2. In the event of force majeure circumstances, the deadline for fulfilling obligations is postponed by the time during which such circumstances will operate. If these circumstances and their consequences continue for more than 3 (three) months, then each of the Parties will have the right to refuse further fulfillment of obligations under the Agreement, and in this case neither of the parties will be entitled to compensation by the other party for possible losses.
10.3. The Party for which the impossibility of fulfilling obligations under this Agreement due to the occurrence of force majeure circumstances has arisen is obliged to immediately notify the other Party about this.
10.4. The party for which the impossibility of fulfilling obligations under this Agreement due to the onset of force majeure has been created is obliged to confirm the presence and duration of force majeure circumstances with a certificate from an authorized authority, or information using the mass media of Georgia.
11. Communications from the parties
11.1. The Parties agreed that messages, inquiries, demands or any other correspondence (hereinafter referred to as the Message) under this Agreement shall be carried out in writing and sent by email to the relevant party to the email address specified in the details of this Agreement, or by registered mail to the Customer.
11.2. The message is considered executed properly and in accordance with the terms of this Agreement from the moment such a message is sent to the email address specified in the details to this Agreement, or by registered mail to the address of the Customer, when communicated by the latter.
12. Offer validity period
12.1 This Offer comes into force from the moment it is posted on the Executor’s Website and is valid until its revocation by the Executor.
12.2 The Executor has the right at any time to amend the terms of the Offer and / or withdraw the Offer at any time at its sole discretion. In the event that the Executor makes changes to the Offer, such changes come into force from the moment the amended text of the Offer is posted on the Executor’s Website, unless another date for the entry into force of the changes is determined directly in the text of the amended offer.
13. Final Provisions
13.1 The parties have established that any disputes and claims will be resolved through negotiations.
13.2 The Parties understand that the services are provided by the Executor, who is registered and operates in accordance with the legislation of Georgia.
13.3 The Parties agreed to consider the location of the Executor specified in section 14 of this Agreement as the place of conclusion of the transaction and the place of rendering services.
13.4 By accepting this Offer, the Customer agrees that all disputes related to this Agreement will be considered in accordance with the legislation of Georgia without regard to the rules of conflict of laws. The customer also agrees that all such disputes are in the exclusive competence of the relevant courts of Georgia.
13.5 The headings used in the articles and clauses of this Offer are used only for links and ease of use of the text. These headings cannot be considered as defining, limiting or modifying, or influencing the meaning and content of the terms of this Offer or any part thereof.
13.6 The Parties to this Agreement have decided that if a part of this Agreement is recognized as invalid (illegal), the Agreement itself and without the inclusion of an invalid (illegal) part in it is considered concluded. In this case, the Party to this Agreement cannot refer to the fact that without the inclusion of an invalid (illegal) part in the Agreement, it would not have concluded it.
13.7 All of the above constitutes a single text of the Agreement, replaces all previous negotiations, correspondence, agreements, proposals and statements concluded or expressed by the Parties on the subject of the Agreement orally or in writing.
13.8 In all cases not provided for in this offer, the Parties are guided by the current legislation of Georgia.
14. Executor details
Individual Entrepreneur “Individual Entrepreneur Nikita Drachikov”
Address: Georgia, City Batumi, Tbel Abuseridze Street, N 38, flat N63
Identification Number: 345753188
You can find prices for my services here and my contact information here.