Public Offer Agreement
This offer is a written proposal from the Supplier to conclude an agreement for the supply of software products (hereinafter referred to as the "Agreement"), contains all the essential terms of the agreement, is addressed to an unlimited circle of persons, and is concluded in a simplified manner.
The acceptance of this offer is the full payment of the invoice issued by the Supplier. Such acceptance signifies the Buyer's full and unconditional acceptance of the terms of this offer, and from the moment of payment, the offer is considered accepted, and the Agreement is considered concluded.
Terms
1. Supplier — a person who holds all the proper rights in the relevant territory to supply the software products, including the right to transfer permissions for its use.
2. Buyer — a natural or legal person who accepts this offer by its acceptance and makes payment for the Software Products.
1. Subject of the Agreement
1.1. The subject of this Agreement is the supply by the Supplier of the software products specified in the invoice to the Buyer.
2. Terms of Supply and Payment
2.1. The name, quantity, and cost of the Software Products are determined in the corresponding invoice issued by the Supplier.
2.2. An essential condition for the conclusion of this Agreement is the full one-time payment of the specified invoice by the Buyer. Such payment constitutes proper acceptance of this offer.
2.3. Payment of the invoice by a third party and/or without specifying the invoice number is not considered acceptance, unless otherwise confirmed in writing by the Supplier.
2.4. The invoice is valid for three (3) calendar days from the date of its issuance. The Supplier has the right, at its discretion, to accept payment after this period as a valid acceptance.
3. Confirmation of Supply
3.1. For a Buyer who is a business entity, the fact of supply is confirmed by an Acceptance Certificate or a delivery note.
3.2. If the Buyer fails to provide a signed Certificate/delivery note or written justified objections within five (5) working days from the moment of their receipt, the Certificate/delivery note is considered approved by the Buyer.
4. Terms of Use of the Software Products
4.1. The terms of use of the Software Products are established by the relevant license agreement (user agreement) concluded between the Buyer and the copyright holder (Manufacturer) of the Software Products.
5. Form of Supply
5.1. The supply of the Software Products may be carried out electronically via the Internet or in another way (providing a license key, a physical carrier, etc.), in accordance with what is specified in the invoice.
5.2. The delivery period is determined separately in each invoice or agreed upon by the parties separately.
6. Dispute Resolution
6.1. All disputes arising from this Agreement are subject to mandatory pre-trial settlement. The party with claims is obliged to send a written claim to the other party.
6.2. Claims are considered within the period provided for by the current legislation of Ukraine.