The person of the director, Dmytro Vladyslavovych Miroshnichenko, acting on the basis of the certificate of registration of the private entrepreneur Miroshnichenko D.V. (hereinafter referred to as the “Contractor”), guided by Articles 634, 641, 644 of the Civil Code of Ukraine, makes a public offer to the Customers of the Contractor (hereinafter referred to as the “Public Offer”), who wish to receive services, to enter into a Service Provision Agreement (hereinafter referred to as the “Agreement”).
Acceptance (acceptance) of the Public Offer is carried out by the Customer in the manner specified in this Agreement. As a result of the acceptance (accept) of this Public Offer by the Customer, the Agreement is considered concluded.
Further in the text of this Agreement, the Contractor and the Customer are individually referred to as the “Party,” and collectively as the “Parties.”
TERMS USED IN THE AGREEMENT
Customer – an individual or legal entity that orders or intends to order translation services, consulting and/or legal services from the Contractor.
Translation services, consulting and legal services, hereinafter referred to as “Services,” which include, but are not limited to:
- Written and oral translation from foreign languages to Ukrainian (Russian) and from Ukrainian (Russian) to foreign languages, as well as other variations of translation from one foreign language to another;
- Textual (written) translation of software, websites, multimedia files, and other online or IT industry content;
- Consulting on any issues within the Customer’s area of expertise;
- Representation of the Customer’s interests in all institutions, enterprises, and organizations, regardless of ownership type and subordination, and before individuals regarding the obtaining, updating, registration, and certification of any documents, as well as the affixing of the “Apostille” stamp and legalization of documents, etc.
The specific types and volume of Services are determined based on the Customer’s instructions (via email, orally, by telephone, messengers, or other means) and are agreed upon by the Parties in oral or written form.
Public Offer — a proposal by the Contractor (posted on the Contractor’s website or websites), addressed to an indefinite circle of individuals and legal entities, to conclude this Agreement under specific terms.
Contractor’s Website — an Internet web page at the address missforyatranslate.com, which serves as the primary source of information for the Customer.
Acceptance – the Customer’s full, unconditional, and unreserved acceptance of the terms of the Public Offer and this Agreement. Acceptance may be performed by any of the following methods:
- Confirmation via electronic communication means (including email, through messengers) of the terms and cost of the Contractor’s Services;
- Payment of money to the Contractor as a prepayment for the Services by any method provided by the current legislation of Ukraine;
- Performing other actions that demonstrate the Customer’s acceptance of the terms of the Public Offer, including the transfer of documents, provision of information, giving consent (including confirmation of consent) for the Contractor to perform actions benefiting the Customer in fulfillment of the Customer’s order, either orally or via telephone communication.
SUBJECT OF THE AGREEMENT
This agreement is a public contract, which is considered concluded between the Contractor, on one side, and the Customer, on the other, from the moment of the Customer’s Acceptance of all without exception conditions and provisions of this Agreement and its appendices.
Under this Agreement, the Contractor undertakes to provide the Customer with Services, and the Customer undertakes to accept the specified Services and pay for them in the manner and under the terms defined by this Agreement and the legislation of Ukraine.
The provision of Services by the Contractor under this Agreement is carried out in accordance with the norms of the current legislation of Ukraine and the agreements of the Parties. The Contractor may, if necessary, at its discretion involve other persons to provide the Services, on cooperation terms, including translators, consultants, couriers, business entities, and individuals.
PAYMENT FOR SERVICES
The price of the Services and the payment procedure under this Agreement are determined by the invoice issued by the Contractor / Acts of provided services / based on an oral agreement about the cost of Services / through electronic means of communication (email, messengers, etc.).
Services may be provided under payment conditions such as: partial prepayment according to agreements, postpayment, or full prepayment of the order.
The Customer may choose the payment method at their discretion from a list of possible payment methods specified by the Contractor.
CANCELLATION OR REFUND OF A PAID ORDER
The Contractor begins working on your order immediately after receiving payment. If you need to cancel your order for any reason, please notify us immediately by phone call. In the unlikely event that we have not yet started translating your order, we will be happy to refund 100% of the order cost. If you need to cancel your order some time after we have begun the translation, you are entitled to receive a partial refund for the work that has not yet been completed and obtain the translated files or documents. We work with a broad network of professionals worldwide, capable of handling a multitude of client requirements. In some cases, depending on the service, specifications, and volume of the order, the requested service (translation, transcription, subtitles, or any other service we offer) is typically completed earlier than the promised deadline. We cannot accept cancellation requests after your translation request has been completed. We accept or reject orders based on the quality of scanned copies, files, audio-video materials, provided documents, and other media. If we reject your order that you have paid for, we will immediately refund 100% of the order cost.
RIGHTS AND OBLIGATIONS OF THE PARTIES
The Contractor is obliged to:
- Provide Services promptly, with high quality, and in full.
- Provide the Customer with information and documents relating to this Agreement, the results, and the service provision process via telephone, mail, electronic communication, personally or verbally.
- Inform the Customer about any circumstances that prevent or may prevent the quality, timely, or complete provision of Services under this Agreement.
- Inform the Customer upon request about the progress of the Services provided under the Agreement verbally, through electronic communication, or by another method agreed upon by the Parties.
- In the event that errors are discovered by the Customer or another institution in the translation performed by the Contractor, the Contractor is obliged to correct all errors at their own expense in the shortest possible time.
The Contractor has the right to:
- Refuse to provide Services in case the Customer fails to properly fulfill their obligations under this Agreement.
- Unilaterally terminate the provision of Services in cases of:
- Untimely and/or incomplete payment for the Services;
- Provision of false information by the Customer;
- Provision of forged documents by the Customer;
- Dissemination of negative information about the Contractor that damages his business reputation;
- The Customer’s failure to timely provide documents and information necessary for the provision of Services.
- Unilaterally terminate the provision of Services in cases of:
- Retain any documents and/or copies provided by the Customer for one year from the date of receipt and destroy them after the end of this period.
The Customer is obliged to:
- Provide complete and accurate information and documents necessary for the provision of services. The Customer guarantees that all documents provided to the Contractor and to be used for the provision of Services under this Agreement are not forged, do not contain corrections, and do not include false information, etc.
- Immediately (within one day) inform the Contractor of any changes occurring in the information, explanations, and documents provided by the Customer.
- Pay for the Services in accordance with Section 3 of this Agreement.
- Fulfill other lawful requirements of the Contractor necessary for the proper execution of this Agreement.
The Customer has the right to:
- Receive the Services promptly, with high quality, and in full as per the terms of this Agreement;
- Receive necessary and accurate information from the Contractor about the volume of Services provided, as well as other information related to the provision of Services;
- Receive information and additional materials about the services being provided by the Contractor;
- Approach the Contractor with innovative suggestions for improving the service delivery process.
LIABILITY OF THE PARTIES
The parties are liable for non-fulfillment or improper fulfillment of their obligations under this Agreement in accordance with the current legislation of Ukraine.
The Customer is fully responsible for the truthfulness, reliability, and accuracy of the information provided to the Contractor, for the authenticity of the documents provided and their content, including towards third parties, bodies, or institutions. The Contractor is not responsible for the content, formatting of the documents provided by the Customer, and uses the documents only in the form in which they were submitted by the Customer.
In the event of non-performance of Services under this Agreement within the agreed timeframe, the Contractor pays the Customer a penalty amounting to 1% of the cost of the unperformed Services for each day of delay in the performance of the Services.
In case of delay in payment for the Services under this Agreement by the Customer, the Customer pays the Contractor a penalty in the form of a fine amounting to twice the reference rate of the National Bank of Ukraine from the amount of the debt for each day of delay.
The Contractor is not liable to the Customer for non-provision of Services under this Agreement if such failure occurs due to the fault of the Customer (failure to provide necessary documents, etc.). The Contractor is not responsible for the actions of state authorities, local self-government bodies, or third parties.
FORCE MAJEURE
The parties are released from liability for non-performance of their obligations if such non-performance is due to force majeure circumstances such as: fire, natural disaster, accident, warfare of any kind, blockade, strike, or other unforeseeable circumstances beyond the control of the parties and duly certified, if these circumstances directly affect the performance of this Agreement. In such cases, the deadlines for fulfilling obligations under this Agreement will be extended for the duration of these circumstances.
If such circumstances persist for more than three months, then each party has the right to withdraw from fulfilling their obligations under the Agreement. However, the parties are not released from fulfilling their obligations under the Agreement if at the time of the occurrence of the force majeure circumstances neither party was in a state of delay.
CONFIDENTIALITY
The parties agree to treat all information, materials, and details related to the provision of Services under this Agreement as confidential information. This includes the content of documents provided by the Customer to the Contractor, which may be disclosed by the latter upon request of competent state authorities, including law enforcement agencies, courts, etc., also for the protection of their rights and interests.
Confidential information may not be transferred to third parties without the prior written consent of the other party under this Agreement, except in cases related to obtaining official permissions, documents necessary for the fulfillment of obligations under this Agreement, or payment of taxes, duties, and other mandatory payments, as well as in other cases provided by the legislation of Ukraine.
PERSONAL DATA
The Customer, by accepting this Agreement, consents to the collection, processing, and transfer of their personal data (including receiving, entering into a database, distributing, transferring to third parties, amending or otherwise modifying, destroying, and other actions that the Contractor may perform with their personal data in written (paper), electronic, and other forms. This includes, but is not limited to, data such as name, surname, patronymic, date of birth, passport details, identification number, data from the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Formations including taxation system information, qualification details, communication device numbers, electronic identification data (IP address, phone, email), residence information, and other data voluntarily provided by them for the purpose of facilitating civil-law and commercial-law relations, conducting settlements with the Customer, accounting and tax accounting, for communication and contractual relations with government bodies, contractors, and other third parties in the course of business activities, and for other purposes not contrary to current legislation.
By accepting this Agreement, the Customer confirms their consent that, if necessary, their personal data may be processed and provided to third parties.
The parties are obliged, in accordance with the requirements of Ukrainian law on the protection of personal data, to ensure proper protection of personal data against unlawful processing and illegal access, including taking necessary measures to prevent the disclosure of personal data by employees and/or other authorized persons of the Parties who were entrusted with such personal data or who became aware of them in connection with the performance of obligations under this Agreement.
The Customer agrees that the Contractor is not responsible for any processing, failure to provide access mode and protection of the Customer’s personal data by third parties, including the Contractor’s employees, if access to such personal data (or any other action that created the possibility of further unauthorized processing by third parties) was made by the Contractor or another person with the permission of the Customer outside the performance of obligations under this Agreement for personal or other purposes not related to the performance of obligations under this Agreement, using technical means or other materials/equipment of the Contractor.
DURATION OF THE AGREEMENT
This Agreement becomes effective upon the Customer’s acceptance and remains in force until the complete fulfillment of obligations by the parties under this Agreement.
Obligations under this Agreement are considered fulfilled by the Customer once full payment for the Contractor’s Services has been made and all necessary information and documentation for the provision of Services have been provided.
The parties have the right to terminate this Agreement early by mutual consent.
The Contractor has the right at any time to cease providing Services and unilaterally terminate this Agreement in cases provided for by this Agreement.
OTHER TERMS
Governing Law: This Agreement is governed by the current laws of Ukraine, regardless of where the Customer who receives the Service is located.
Dispute Resolution: All disputes and disagreements that may arise between the Parties in connection with the execution of this Agreement shall be resolved through negotiations.
Service Acceptance and Quality Disputes: If the Customer refuses to accept the performed Services and/or sign the Service Provision Act, the Customer must send written demands regarding any deficiencies in the quality of the provided Services within 3 (three) working days from the notification of the completion of the Services. If no demands are made or if such demands are rectified (refuted), then the Services are considered fully provided and the Service Provision Act is considered automatically signed.
Contractual Consent: The Customer confirms that they have reviewed all the terms of this Agreement and have knowingly and without any coercion entered into this Agreement.
Preceding Negotiations and Correspondence: Upon acceptance of this Agreement’s terms, all previous negotiations and correspondence between the Parties related to this Agreement lose legal force but may be considered when interpreting the terms of this Agreement.
Legal Relations Unregulated by this Agreement: All legal relations arising in connection with the performance of this Agreement that are not regulated by it shall be governed by the norms of the current legislation of Ukraine.
Exceptions to the Agreement’s Application: The action of this Agreement (even if the Customer has accepted the Agreement according to its terms) does not apply to cases of entering into a separate bilateral written agreement between the Contractor and the Customer and the payment for the Contractor’s Services according to the separately concluded written agreement.
Severability: The Parties confirm that if any provision of this Agreement becomes or is declared invalid due to non-compliance with the law, such provision does not render any other provision of this Agreement or the entire Agreement invalid. In such cases, the Parties must take prompt action to modify the Agreement to the extent necessary to replace the invalid provision, ensuring that the amended version is legal and retains as much as possible the original intentions of the Parties.
CONTRACTOR’S DETAILS
Contractor Name: Private Entrepreneur Miroshnichenko D.V.
Tax Identification Number : 2767812892
Address: Ukraine, 01135, Kyiv, Zolotoustivska Street 47-49, Office 41
Phone: +38-099-073-18-27
E-mail: support@missforyatranslate.com
CFO Alesia Yevstratova E-mail: alesia.yevstratova@missforyatranslate.com
BANKING DETAILS
Company Name: FOP Miroshnichenko Dmytro Vladyslavovych
Recipient’s Account Number (IBAN) in USD currency: UA203052990000026008006212422
Bank SWIFT Code: PBANUA2X
Company address: Ukraine, 01135, Kyiv, Zolotoustivska Street 47-49, Office 41
Bank Name: JSC CB “PrivatBank”