This document is the Contract of accession on the execution of works on the development of the interior design project (in the future — Agreement), which is concluded between the Natural Person, entrepreneur Oleksandr Bocharov (in the future — Contractor), and the Customer (also - You).
If You disagree with the terms of this Agreement, You should not enter into a civil-legal relationship with the Contractor and order the performance of interior design work.
By concluding this Agreement, You confirm that you have the total civil legal capacity and read all the terms of the Agreement before concluding it, You understand them, and You agree with them.
2. Definition of terms:
- 2.1 Acceptance is an action confirming the Visitor’s agreement with the terms of the Agreement. Acceptance is the sending of a request by the Visitors to the Contractor about the execution of the Works. After acceptance, the Visitor becomes a Customer.
- 2.2 Contract date — the calendar date of posting the current version of the Contract on the Contractor’s Website.
- 2.3 The design project is a package of files that is the result of work on the development of an interior design project.
- 2.4 Customers are individuals with full legal capacity who accepted the Agreement and ordered the performance of works from the Contractor.
- 2.5 Visitors are individuals with total legal capacity who visit the Contractor’s Site to order the performance of Works or for any other legitimate purpose.
- 2.6 Works on the development of a design — an interior project (hereinafter — Works) — is a creative activity on the development of the design of the interior aesthetic decoration of apartments, houses, and other living spaces.
- 2.7 The Contractor’s website is the official website of the Contractor located at https://bodesstudio.com.
- 2.8 An invoice is a document that specifies the works or services that the Contractor provides to the Customer, and sets the Customer’s obligation to pay for these services. The Contractor establishes the invoice form by the current legislation of Ukraine.
- 2.9 All other terms not defined in this section are interpreted by business practices and legislation of Ukraine.
3. Subject of the contract:
- 3.1 The Contractor undertakes to perform the Works for the Customer in order and under the conditions specified in the Contract, and the Customer shall pay the Contractor a fee for this.
- 3.2 The Contract is a contract of accession, by Article 634 of the Civil Code of Ukraine, the Visitor accepts it by clause 2.1. Agreement.
- 3.3 The Agreement becomes an accession agreement from the moment of its publication on the Contractor’s Website by the Date of the Agreement.
4. Order of execution of Works:
- 4.1 The Customer sends a request for the execution of the Work (in the future – the Request) by filling out a Google form on the Contractor’s Website. The request is considered correctly submitted if the Customer has answered all mandatory questions.
- 4.2 The Contractor responds to the Request within 5 (five) working days, notifying the Customer by sending a message in Telegram, WhatsApp, Viber messengers, or by e-mail.
- 4.3 In response to the Request, the Contractor sends a preliminary calculation of the cost of the Work, which consists of multiplying the area of the Customer’s premises by the cost of performing the Work per one square meter, and a copy of the Technical Task. The moment of providing an approximate calculation of the cost of performing the Works and a copy of the Terms of Reference is the moment it is sent to the Customer by any means of communication convenient for the Contractor.
- 4.4 The Customer must provide measurements and photos of the premises, as well as the Technical Task, which he developed according to the copy provided by the Contractor. The customer confirms that he, by drawing up the specifications, has all the necessary information about the future Works, that the Specifications describe all the necessary properties of the future Works, and that he has the opportunity to use them for their intended purpose.
- 4.5 After agreeing on the final cost of the Works and the Technical Task with the Contractor, the Customer must pay the remuneration to the Contractor.
- 4.6 The Contractor has 5 (five) working days after the date of receipt of remuneration from the Customer to create a private chat in Telegram, WhatsApp, or Viber messenger.
- 4.7 The Contractor can add his contractors, employees, consultants, and the Customer to the private chat.
- 4.8 After receiving the reward, the Contractor has 5 (five) working days to start performing the Works.
- 4.9 The Contractor performs the Works in the following order:
- 4.9.1 The planning decision is a graphic file with a package of drawings, which includes a dimensional plan of the room (with an indication of the area of the designed object), and 2-3 options for the arrangement of furniture and equipment.
- 4.9.2 3D model is a graphic file with a three-dimensional model of the space in each room with graphics and interior rendering developed using 3D programs.
- 4.9.3 Project documentation is the approved textual and graphic materials that determine the volume-planning, constructive, technical, and technological solutions of the design project.
- 4.10 After completing each stage of the Work, the Contractor sends the Customer the result of the Work performed for the stage by sending a graphic file to the appropriate chat. The date of receiving the development of the completed Work for the stage is the upload of the graphic file to the chat.
- 4.11 The Contractor has 90 (ninety) days to complete the Works.
- 4.12 The Contractor’s obligations are fulfilled after the transfer of project documentation to the Customer in any format and by any means of remote communication. The date of receipt of the design — a project by the Customer is the receipt by the Customer of the design—project in any format and by any means of remote communication.
- 4.13 The Works are considered to be performed with high quality if they correspond to the Technical Task.
- 4.14 The Customer may, within 5 (five) working days after the date of receipt of the design layout, send a letter to the Contractor at the e-mail address specified in this Agreement, with a claim regarding the quality of the Works performed, and common and significant defects found. If the Customer did not send such a letter, the Parties also believe that the Contractor performed the Works with high quality. The Contractor’s warranty obligations for the design project are valid for 5 (five) calendar days from the date of receipt of the design project by the Customer.
5. Remuneration and settlements:
- 5.1 The cost of the Work per one square meter of the Customer’s premises is determined on the Service page of the Contractor’s Site Послуги Сайту Виконавця.
- 5.2 Customers undertake to pay the Contractor a fee of 100 (one hundred percent) advance payment before the start of the Works using the Internet-acquiring service specified by the Contractor or Invoice. The Customer must inform the Contractor about the desire to pay the fee using an Invoice, indicating it in the Request or informing in the messenger chat.
- 5.3 Remuneration is paid in hryvnias, US dollars, or EU euros to the Contractor’s bank accounts designated for receiving remuneration in the relevant currency and determined by the Contractor through the LiqPay payment service (payment method — email invoice or link to the payment page for services on the website).
- 5.4 The date of receiving the reward is the crediting of funds to the Contractor’s bank account.
- 5.5 The Customer is solely responsible for the correctness of the payments made by him. When the Contractor’s bank details are changed, from the moment the new details are published on the Contractor’s website, the Customers are independently responsible for payments made using the old details.
- 5.6 In case of early termination of the Agreement, the Contractor undertakes to return the Customer the remuneration in full, except the part that went to pay for already completed stages of the Work by clause 4.9 of the Agreement, within 5 (five) calendar days to the Customer’s bank account from which the remuneration was paid.
- 6.1 For failure to fulfill or inappropriate fulfillment of their duties, the Parties bear property liability by the current legislation of Ukraine.
- 6.2 The amount of property liability of the Parties cannot be higher than the amount of remuneration that the Customer paid to the Contractor, except in cases related to the violation of intellectual property rights and the protection of honor, dignity, and business reputation. In this case, the amount and type of liability shall be established by a competent court.
7. Force majeure:
- 7.1 The parties are released from responsibility for non-fulfillment and/or improper fulfillment of obligations under this Agreement in the event of force majeure circumstances, such as: adoption by state bodies of regulatory and legal acts that significantly impede the implementation of this Agreement, earthquakes, floods, fires, typhoons, hurricanes, hostilities, mass diseases (epidemics, epizootics), restrictions on transportation, prohibition of trade transactions with certain countries due to the application of international sanctions, as well as in the event of other similar circumstances that do not depend on the will of the parties (in the future referred to as “Force Majeure Circumstances” ).
- 7.2 The Party affected by the circumstances of force majeure is obliged to notify the other Party within 2 (two) calendar days from the date of occurrence of such circumstances using any means of communication.
8. Applicable law and dispute resolution:
- 8.1 This Agreement is governed and interpreted by the legislation of Ukraine. All other issues not specified in the Agreement are regulated by the legislation of Ukraine.
- 8.2 All disputes that arise or may arise between the Parties are resolved in a claim procedure.
- 8.3 The Party that has a claim must make it in writing and send it to the e-mail address of the other Party.
- 8.4 The Party that is the recipient of the claim must provide a motivated written response to it within 10 (ten) working days from the date of receipt of the claim.
- 8.5 All claims sent by any other means of communication, except those defined above, shall not be considered.
- 8.6 If the Parties were unable to resolve the dispute in a claim procedure, they may refer it to the competent court at the location of the Contractor.
9. Term of validity and introduction of changes:
- 9.1 The Agreement becomes effective from the moment of its acceptance by the Customer and is valid during the execution of the Works for the Customer.
- 9.2 The Agreement ceases to be valid from the moment the Contractor transfers the completed Works to the Customer in any way convenient for the Customer.
- 9.3 The Agreement may be terminated by mutual agreement of the Parties by notifying each other using remote communication.
- 9.4 The Parties have the right to terminate the Agreement by notifying the other Party 5 (five) calendar days in advance by sending a written notice by any means of remote communication.
- 9.5 The Contractor may change the Agreement without prior notification and/or agreement with the Visitors. The changes become effective from the moment of their publication on the Application Service with a change in the corresponding Contract Date. The executor has no obligation to maintain past or obsolete versions of this Agreement.
- 9.6 Changes made to the Agreement do not apply to Customers who have accepted the Agreement at that time.
10. Final conditions:
- 10.1 The Contractor does not enter into labor, intermediary, agency, and commission relations, as well as simple partnership relations, with the Visitor or the Customer during the conclusion of the Agreement.
- 10.2 The Parties have agreed that they cannot transfer their rights and obligations under the Agreement to any Third Party or waive them.
- 10.3 The invalidity of a separate part of the Agreement or its recognition as having lost its validity does not entail the invalidity of other parts and the Agreement as a whole.
- 10.4 Acceptance of the Agreement cancels all possible oral and written agreements that existed or could exist between the Parties before that.
- 10.5 The contract is concluded in Ukrainian in one copy, which has legal force only when placed on the Service. The Ukrainian language will have priority in interpretation if this Agreement is translated into any other language.
11. Contact information:
- 11.1 Sole trader Oleksandr Bocharov.
- 11.2 Entry number in the Unified Register of Legal Entities, Individuals — Entrepreneurs and Public Organizations 2001000000000006897 dated 12.01.2021.
- 11.3 RNOKPP: 3491504270
- 11.4 Bank details:
- 11.4.1 Hryvnia – UA243220010000026004310026656
- 11.4.2 US dollar – UA643220010000026001300057348
- 11.4.3 Euro EU – UA663515330000026001035906067
- 11.5 Address: apartment 16, building 1/3, Lisova street, Energodar city, Zaporizhia region, Ukraine, 71503.
- 11.6 Email: [email protected]