Agreement For The Provision Of Paid Services – Configuration of DIKIDI Business
This agreement is entered into through the user's acceptance (hereinafter referred to as the Customer) of the offer extended to them by the Company (hereinafter referred to as the Performer) on the following terms:
- The purpose of the contract is for the Performer to provide paid services to the Customer for configuring the functionality of the "DIKIDI Business" program (hereinafter referred to as the Software) and training in the use of the Software's functionality.
- The Performer assures the Customer that they are the owner of the Software and possess the necessary competencies to provide the services.
- The list of services to be provided, deadlines, and the cost of their provision are determined by the appendix to the contract.
- Acceptance of the offer is made by the full payment of services to be provided under the contract.
- Acceptance of the offer by notification of acceptance is considered unsuccessful unless otherwise determined by the Performer in a specific case, of which the Customer is promptly notified.
- Contract terms, excluding the list of services to be provided, do not require the approval of the Customer.
- The contract terms replace pre-contractual correspondence, other documented preliminary agreements, and any other information outside the contract's subject matter, whether direct or indirect.
- Specific methods of providing services are determined by the Performer, and the Customer's preferences in this regard are taken into account but are not obligatory.
- The cost of providing services includes all expenses of the Performer for fulfilling obligations and is not subject to change during the provision of services, including cases where the Performer establishes the lack of the Customer's need for certain services from the agreed list.
- Deadlines for providing services begin to run no earlier than the receipt of funds for their payment into the Performer's bank account.
- With the consent or at the initiative of the Customer, certain services from the agreed list may be provided earlier or later than initially determined deadlines.
- The Performer is not considered to be in breach of obligations if they cannot be fulfilled without the participation of the Customer's representative, which the Customer has not provided.
- When providing services that involve training in the use of the Software's functionality, the authority of the Customer's representative undergoing training may be established by the Performer based on the circumstances or the established practice of the relationship.
- If certain services from the agreed list were provided to the Customer before the conclusion of this contract, it is considered that, regarding the provision of these services, the contract has been extended to the past unless, based on specific circumstances, it is obvious that such services should be provided again.
- At the discretion of the Customer, the contract may be concluded in their favor or in favor of a specifically named third party.
- The Performer has the right to involve third parties in providing services while remaining responsible to the Customer for compliance with the contract terms.
- The transfer by the Customer of the contractual position, assignment of claims from the contract is carried out exclusively with the consent of the Performer.
- The parties are free to exercise the right to unilaterally terminate the contract.
- Acceptance of the services provided as a whole is carried out within 3 days from the date of the provision of the last service from the agreed list (without stage-by-stage acceptance) and is considered successful if the Customer does not raise objections – otherwise, the resolution of disagreements is carried out in accordance with the provisions of civil legislation.
- The parties undertake not to disclose information obtained in connection with the performance of the contract, except in cases where the legitimate interest of one party in disclosing the relevant information obviously outweighs the legitimate interest of the other party in maintaining its confidentiality.
- Other conditions are determined by applicable law.