Contract

PUBLIC OFFER CONTRACT
on the provision of design services

Design Studio Paolo Vetlucci, hereinafter referred to as Contractor, offers the provision of design services:

The above services are provided to any legal or individual person, hereinafter referred to as the Customer, expressing the intention to conclude a Contract on the provision of design services on the terms and conditions of this Offer.

Unconditional acceptance of the conditions of this Offer is any action of the Customer, reflecting its willingness to order the development of a Design layout from the Contractor (send to the email address of the Contractor a completed brief, or a description of the task in any form by any means of communication) - Acceptance of the Offer.

1. Definitions and terms

For the purposes of this Offer, the following terms are used in the following meanings:

1.1. Offer - the present Contract on the provision of design services, published in the Internet at the address https://vetlucci.it/en/public-offer-contract-en

1.2. Offer Acceptance - full and unconditional acceptance of the Offer, any action of the Customer, reflecting his desire to order the development of the Design layout from the Contractor. The acceptance by the Customer of this Contract means that he fully agrees with all the provisions of this Contract. The acceptance of the Offer creates the Contract.

1.3. Offer Contract - an agreement between the Contractor and the Customer on the provision of Design services to be made by means of the Acceptance of the Offer.

1.4. Customer – a legal or individual person who has fulfilled the Acceptance of the Offer, and is thus the Customer of the Services under the concluded Contract Offer.

1.5. The Contractor's website - located at the address https://vetlucci.it/ is an information resource on the Internet, belonging to the Contractor.

1.6. Terms of Reference (TOR) - requirements and wishes of the Customer for the future Design layout. TOR is formulated by the Customer in any form, or by filling in a special brief on the provision of specific Service, the file of which the Customer can pre-download on the Contractor's Website.

1.7. Design layout - ideas on the artistic and technical design of information outlined in the TOR presented in graphical form.

1.8. Works - creation of Design layouts with the help of specialized graphics programs on TOR, provided by the Customer.

1.9. Payment - transfer of funds for services rendered by the Contractor in any of several ways:

  • according to the invoice, to the bank account of the Contractor
  • according to the invoice, via the electronic payment system "PayPal"
  • to the plastic card of the Contractor, upon additional agreement

1.10. Payer - any legal or physical person who makes the Payment for Services rendered. The Customer may not be the Payer.

1.11. "PayPal" - a system of remote banking service that allows Payers to perform actions aimed at the transfer of funds to the account of payment for Services, rendered by the Contractor, using the Internet.

1.12. Parties - the Customer and the Contractor, mentioned together.

2. Subject matter of the contract

2.1. The subject of the Contract is repayable rendering of Services by the Contractor on the terms of this Offer.

3. Cost of works and payment procedure

3.1. The cost of Services, the amount and procedure of payment for their provision is determined by the Contractor in accordance with the tariffs, information on which is published on the Website of the Contractor in the Services section. Cost of other Services, not included in this list is determined individually after the Contractor has familiarized himself with the TOR.

3.2. The Payer makes Payment of Services within three days after the approval of the Design layout by the Customer.

3.3. All payments under the Contract are made in Euro.

4. Rights and obligations of the parties

4.1. The Contractor undertakes:

4.1.1. To provide a Design layout, created in accordance with the TOR, within the terms previously agreed with the Customer (except as described in paragraphs 7.2 and 7.3 of this Contract).

4.1.2. During the day after making the Payment by the Payer, to send to the Customer's e-mail source files of the approved Design layout (except as described in paragraphs 7.2 and 7.3 of this Contract).

4.1.3. Make the necessary changes to the source files transferred to the Customer in the case of receiving from him claims regarding their number, format, or quality, provided that these claims are filed no later than three days after the source files of the approved Design layout were sent to the Customer.

4.1.4. Do not use the paid Design layout with the aim of obtaining commercial gain by re-selling it to another (s) customer (s).

4.1.5. After receiving the Payer's Payment, transfer to the Customer exclusive rights to use the Design layout while retaining all other copyrights (the right of authorship, the author's right to a name, the right to promulgation, etc.).

4.2. The Contractor may:

4.2.1. Do not start the provision of the Services as long as by any means of communication will not receive from the Customer, expressed in any form an agreement with a certain Contractor the cost of Services and time required for their provision and until the Customer has not been transferred prepayment (if that’s provided by the current tariff).

4.2.2. Do not send the source files of the approved Design layout to the Customer, until the Contractor verifies the information about the fact of receipt of the Payment.

4.2.3. To ignore the claims of the Customer regarding the quantity, format or quality of the source files, if these claims presented by the Customer after three days from the date of sending him the source files of the previously approved and paid for the Design layout.

4.2.4. In case of absence of the Customer on the connection within two weeks after the approval of the Design layout, use this Design layout in its sole discretion, including to sell to another customer with entering (or without entering) changes.

4.2.5. At its own discretion, use the Design layouts not accepted by the Customer (in case if several variants have been developed for selection), including sell them to other customers with making changes (change of company name, etc.).

4.2.6. Involve third parties for the provision of Design services for the purpose of implementing of this Agreement.

4.2.7. Unilaterally terminate the Contract if the Customer fails to meet its obligations under the Contract, as well as for any other reason that the Contractor deems essential for the termination of this Contract.

4.3. The Customer undertakes:

4.3.1. Before the beginning of cooperation, formulate and transfer to the Contractor the TOR for the development of the Design layout.

4.3.2. To make an advance payment in the amount established by the Contractor in the Services section (if it is provided by the current tariff).

4.3.3. Within three days after the approval of the Design layout, make the Payment of the Services rendered by the Contractor (by yourself or by passing this responsibility to another Payer).

4.3.4. Notify the Contractor in case of impossibility to make the Payment within three days and agree in advance on its prolongation.

4.3.5. Within three days after the Contractor transfer by e-mail the source files of a previously approved and paid Design layout, to read the contents of these files and, in case of claims regarding the quantity, format or quality of the source files, present them to the Contractor.

4.4. The Customer may:

4.4.1. To make recommendations regarding the making of certain adjustments in the Design layout, and also subsequently independently modify the source files of the Design layout, at its discretion, without the consent of the Contractor.

4.4.2. Require the Contractor to make changes in the source files in case that the Customer has any claims regarding their quantity, format or quality, if these claims are made by the Customer within three days from the date of the transfer of the source files of a previously approved and paid the Design layout.

5. Validity and change of offer conditions

5.1. The Offer comes into force from the moment of its publication on the Contractor’s Website at https://vetlucci.it/en/public-offer-contract-en and is valid until Offer withdrawn by the Contractor.

5.2. The Contractor reserves the right to amend the terms of the Offer and/or withdraw the Offer at any time at its discretion. In case the Contractor makes changes to the Offer, such changes come into force from the moment of placing the changed text of the Offer on the Contractor’s Website to the address specified in paragraph 5.1. of this Contract, if another period of such changes is not defined additionally with such placement.

6. Duration of the contract

6.1. The Contract comes into force from the moment of Acceptance of the Offer by the Customer and terminates three days after the Contractor transfers by e-mail the source files of the previously approved and paid Design layout to the Customer.

6.2. If within three days after sending the source files of the Design layout, the Customer submits claims to the Contractor regarding the quantity, format or quality of the source files, the Contract is prolonged for the time necessary to make all required corrections and terminates three days after the Contractor has transferred by e-mail the corrected source files of the Design layout.

6.3. If after approval of Design layout, the Customer does not communicate within two weeks, the Contract is unilaterally terminated by the Contractor. Renewal of the contract in this case is possible if the Design layout after the expiration of the specified period was not in demand by another client or otherwise used by the Contractor to generate income.

6.4. The Customer agrees and acknowledges that the introduction of changes to the Offer entails making these changes to the Contract concluded between the Customer and the Contractor, and these changes in the Contract come into force simultaneously with such changes in the Offer.

6.5. In case of withdrawal of Offer by the Contractor during the term of the Contract, the Contract is considered terminated from the moment of withdrawal.

7. Responsibility of the parties

7.1. For failure to perform their obligations under the present Contract, the Parties are liable in accordance with the current EU legislation.

7.2. The contractor is not be liable for the content of information and materials submitted to it by the Customer, as well as increasing the period necessary for the performance of the Works in case of late submission of such materials; In the event of failures in the work of the Contractor’s Internet provider; In the event of a power blackout and other circumstances that slow or impede the provision of the Services and are not dependent on the Contractor.

7.3. The parties are relieved from liability for partial or complete failure to fulfill obligations under the Contract if it is due to force majeure, namely: fire, flood, earthquake, war or other circumstances beyond the reasonable control of the parties.

8. The order of consideration of claims and disputes

8.1. Customer claims on the Services rendered and paid are received by the Contractor in any form by any means of communication in a period not exceeding three days from the date of transfer to the Customer the source files of the Design layout. The time required to eliminate the deficiencies, that gave rise to the claim, is determined by the Contractor on an individual basis.

8.2. If within three days from the date of transfer of the source files of the Design layout, the Customer does not present to the Contractor any claims concerning the quantity, format or quality of the source files, the Services are considered to be rendered properly and in full.

8.3. All disputes arising during the execution of the Contract or in connection with it, in the first place be resolved by negotiation between the Parties.

9. Details of the Design Studio

Foreign name: PAOLO VETLUCCI LTD

Unified Identification Code (UIC): 204684868

IBAN: BG61STSA93000024617010

BIC: STSABGSF

Bank: DSK BANK EAD

Address: Varna, Bulgaria, 9000

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