PUBLIC OFFER AGREEMENT for PAnDiKubiz Trading LTD services
This document is a public offer of PAnDiKubiz Trading LTD - a company with a registered office at Cyprus, 99450, GAZİMAĞUSA, 7 İNEGÖL SOKAK KARAKOL, hereinafter referred to as the "Company", that provides professional marketing, cosulting and informational services, and contains all the essential conditions for the provision of services by the Company.
This public offer (hereinafter referred to as the "Agreement") is an official document and is published on the Company's website at: https://pandikubiz.com/en/public-offer (here in after referred to as the "Website").
The Agreement is concluded when the Client joins to its terms and conditions set out below and it does not require the signature and / or seal of the Client in any form. Accession to the terms of the Agreement is carried out through a statement or any other behavior of the Client indicating acceptance of the offer, including consent with the terms of this Agreement by accepting them on the Company's website.
In connection with the abovementioned, the Client must carefully read the text of this Agreement, and in case of disagreement with its terms, refuse to conclude the Agreement and to use the Company's services. By accepting the terms of this Agreement, the Client confirms that he is fully acquainted with the text of this Agreement and all provisions of the Agreement are sufficiently clear to him.
This public offer (hereinafter referred to as the "Agreement") is an official document and is published on the Company's website at: https://pandikubiz.com/en/public-offer (here in after referred to as the "Website").
The Agreement is concluded when the Client joins to its terms and conditions set out below and it does not require the signature and / or seal of the Client in any form. Accession to the terms of the Agreement is carried out through a statement or any other behavior of the Client indicating acceptance of the offer, including consent with the terms of this Agreement by accepting them on the Company's website.
In connection with the abovementioned, the Client must carefully read the text of this Agreement, and in case of disagreement with its terms, refuse to conclude the Agreement and to use the Company's services. By accepting the terms of this Agreement, the Client confirms that he is fully acquainted with the text of this Agreement and all provisions of the Agreement are sufficiently clear to him.
1. General Terms
1.1. The subject of this Agreement are the marketing, consulting, search engine optimization, text writing, digital marketing, as well as other services in the field of information technology provided by the Company in accordance with the subject of the Client's request (hereinafter – the "services").
1.2. If the terms of this Agreement are accepted, the Client may contact the Company in any convenient form (orally, by phone, by e-mail, etc.). In the application, the Client shall describe the technical details of the project, which he intends to entrust to the implementation of the Company.
1.3. Based on the results of processing the Client's request, the Company also forms essential conditions for the provision of the services for the Client, indicating the subject of services, the timing of their provision and cost.
1.4. The Company shall provide the services specified in the invoice and the Client undertakes to pay for these services in accordance with the invoice issued by the Company.
1.5. As a general rule, the services shall be provided remotely, without direct access to the Client's equipment. If the nature of the service implies the need for direct access to the Client's equipment, such access shall be provided under a separate agreement of the Parties.
1.1. The subject of this Agreement are the marketing, consulting, search engine optimization, text writing, digital marketing, as well as other services in the field of information technology provided by the Company in accordance with the subject of the Client's request (hereinafter – the "services").
1.2. If the terms of this Agreement are accepted, the Client may contact the Company in any convenient form (orally, by phone, by e-mail, etc.). In the application, the Client shall describe the technical details of the project, which he intends to entrust to the implementation of the Company.
1.3. Based on the results of processing the Client's request, the Company also forms essential conditions for the provision of the services for the Client, indicating the subject of services, the timing of their provision and cost.
1.4. The Company shall provide the services specified in the invoice and the Client undertakes to pay for these services in accordance with the invoice issued by the Company.
1.5. As a general rule, the services shall be provided remotely, without direct access to the Client's equipment. If the nature of the service implies the need for direct access to the Client's equipment, such access shall be provided under a separate agreement of the Parties.
2. Obligations of the Parties.
2.1. The Company undertakes to:
2.1.1. Organize and ensure the proper provision of the services in accordance with the requirements usually imposed for this type (kind) of services.
2.1.2. Use the received personal data and confidential information about the Client only for the provision of services, do not transfer or disclose the information specified in the documentation to third parties without the consent of the Client.
2.1.3. Provide oral and written consultations on additional requests of the Client. The volume and terms of the consultations, as well as the form of the consultations, are determined by the Company in each specific case and shall be agreed with the Client separately.
2.2. The company is entitled to:
2.2.1. Unilaterally determine the cost of the services and change the terms of this Agreement.
2.2.2. Independently determine the form and methods of services on the basis of legal requirements, technical capabilities, as well as the specific conditions of the agreement taking into account the wishes of the Client.
2.2.3. Involve any natural persons or legal entities for the purpose of timely and high-quality fulfillment of obligations of the Company under the Agreement without the prior consent of the Client. The Company may independently determine the composition of professionals and distribute the volume of work between them at its own discretion while providing the services to the Client.
2.2.4. Demand payment from the Client for the rendered services.
2.2.5. Refuse to render the services to the Client if the Client has a financial debt to the Company for the previously provided services.
2.2.6. Receive from the Client any information which is necessary to perform its obligations under the Agreement. In case of any incorrect or incomplete information which was provided by the Client, the Company is entitled to suspend performance of its obligations under the Agreement until the necessary information is provided.
2.3. The client undertakes to:
2.3.1. Timely and fully pay the cost of the services provided by the Company in the manner, on time and in the amount specified in this Agreement and / or invoice for provided services.
2.3.2. Provide the Company with all the information and data that may be required to fulfill its obligations under the Agreement.
2.3.3. Not to disclose any confidential information and other data provided by the Company in connection with the execution of this Agreement.
2.1. The Company undertakes to:
2.1.1. Organize and ensure the proper provision of the services in accordance with the requirements usually imposed for this type (kind) of services.
2.1.2. Use the received personal data and confidential information about the Client only for the provision of services, do not transfer or disclose the information specified in the documentation to third parties without the consent of the Client.
2.1.3. Provide oral and written consultations on additional requests of the Client. The volume and terms of the consultations, as well as the form of the consultations, are determined by the Company in each specific case and shall be agreed with the Client separately.
2.2. The company is entitled to:
2.2.1. Unilaterally determine the cost of the services and change the terms of this Agreement.
2.2.2. Independently determine the form and methods of services on the basis of legal requirements, technical capabilities, as well as the specific conditions of the agreement taking into account the wishes of the Client.
2.2.3. Involve any natural persons or legal entities for the purpose of timely and high-quality fulfillment of obligations of the Company under the Agreement without the prior consent of the Client. The Company may independently determine the composition of professionals and distribute the volume of work between them at its own discretion while providing the services to the Client.
2.2.4. Demand payment from the Client for the rendered services.
2.2.5. Refuse to render the services to the Client if the Client has a financial debt to the Company for the previously provided services.
2.2.6. Receive from the Client any information which is necessary to perform its obligations under the Agreement. In case of any incorrect or incomplete information which was provided by the Client, the Company is entitled to suspend performance of its obligations under the Agreement until the necessary information is provided.
2.3. The client undertakes to:
2.3.1. Timely and fully pay the cost of the services provided by the Company in the manner, on time and in the amount specified in this Agreement and / or invoice for provided services.
2.3.2. Provide the Company with all the information and data that may be required to fulfill its obligations under the Agreement.
2.3.3. Not to disclose any confidential information and other data provided by the Company in connection with the execution of this Agreement.
3. Cost and payment
3.1. The cost of providing services is indicated in the invoice issued to the Client.
3.2. Acceptance by the Client of the services on time, in terms of quality and in accordance with the terms of this Agreement is carried out by sending the payment for the correspondent invoice issued by the Company, unless the Parties decide to draw up a separate written Act of acceptance and transfer of services.
3.3. The Client is fully responsible for any financial consequences associated with a violation of the conditions of payment, including but not limited to: additional bank fees, erroneous transactions, bank account's currency, the exact and full compliance of the payment with the invoice issued by the Company. The moment of payment is the receipt of funds to the Company's bank account.
3.1. The cost of providing services is indicated in the invoice issued to the Client.
3.2. Acceptance by the Client of the services on time, in terms of quality and in accordance with the terms of this Agreement is carried out by sending the payment for the correspondent invoice issued by the Company, unless the Parties decide to draw up a separate written Act of acceptance and transfer of services.
3.3. The Client is fully responsible for any financial consequences associated with a violation of the conditions of payment, including but not limited to: additional bank fees, erroneous transactions, bank account's currency, the exact and full compliance of the payment with the invoice issued by the Company. The moment of payment is the receipt of funds to the Company's bank account.
4. Service acceptance Terms
4.1. Term of services are negotiated individually with the Client and start to run from the date of receipt by the Company of all the required amount of information from the Client.
4.2. By agreement of the Parties, the Company may prepare and send to the Client the Act of acceptance of services, but not earlier than 5 (five) calendar days after the provision of services. The Act shall be sent to the Client's e-mail / fax in the form of an electronic document containing the signature of an authorized person of the Company.
4.1. Term of services are negotiated individually with the Client and start to run from the date of receipt by the Company of all the required amount of information from the Client.
4.2. By agreement of the Parties, the Company may prepare and send to the Client the Act of acceptance of services, but not earlier than 5 (five) calendar days after the provision of services. The Act shall be sent to the Client's e-mail / fax in the form of an electronic document containing the signature of an authorized person of the Company.
5. Responsibility of the Parties.
5.1. In case of violation of the terms of this Agreement, the Parties shall be held liable in accordance with the current Rules of legislation of the Cyprus.
5.2. The Company is not responsible for violation of the terms of services provision and / or impossibility to provide services if such violation and / or impossibility are caused by malfunctions in the quality of communication channels, lines of the Client's telecommunication equipment, as well as malfunctions of the software installed on the Client's equipment.
5.3. The Company is not responsible for delays and disruptions occurring directly or indirectly by activity or inactivity of third parties and/or quality of communication lines.
5.4. The Company is not liable for lost profits or any indirect damage incurred by the Client during the period of use or non-use of the Company's services. The Client's losses caused by the Company are limited to the amount of actually incurred and documented damages.
5.1. In case of violation of the terms of this Agreement, the Parties shall be held liable in accordance with the current Rules of legislation of the Cyprus.
5.2. The Company is not responsible for violation of the terms of services provision and / or impossibility to provide services if such violation and / or impossibility are caused by malfunctions in the quality of communication channels, lines of the Client's telecommunication equipment, as well as malfunctions of the software installed on the Client's equipment.
5.3. The Company is not responsible for delays and disruptions occurring directly or indirectly by activity or inactivity of third parties and/or quality of communication lines.
5.4. The Company is not liable for lost profits or any indirect damage incurred by the Client during the period of use or non-use of the Company's services. The Client's losses caused by the Company are limited to the amount of actually incurred and documented damages.
6. Personal data
6.1. The Company, with the consent of the Client, stores and processes its personal data. Personal data is not distributed or transferred to third parties without the consent of the Client and is used by the Company only for the execution of the Agreement.
6.2. The term "personal data" means personal information that the Client provides during registration: name, surname, address, number of the main document proving his identity, date of issue of the document and postal address of the authority that issued it (including postal code), email address and contact phones.
6.3. The Client agrees that the Company stores and processes his personal data during the entire period of validity of this Agreement. If the Client at any time prohibits the Company from storing and processing his personal data, this Agreement is considered terminated by the Company unilaterally.
6.1. The Company, with the consent of the Client, stores and processes its personal data. Personal data is not distributed or transferred to third parties without the consent of the Client and is used by the Company only for the execution of the Agreement.
6.2. The term "personal data" means personal information that the Client provides during registration: name, surname, address, number of the main document proving his identity, date of issue of the document and postal address of the authority that issued it (including postal code), email address and contact phones.
6.3. The Client agrees that the Company stores and processes his personal data during the entire period of validity of this Agreement. If the Client at any time prohibits the Company from storing and processing his personal data, this Agreement is considered terminated by the Company unilaterally.
7. Term and Termination of the Agreement.
7.1. This Agreement is valid until the Parties fulfill their obligations.
7.1. This Agreement is valid until the Parties fulfill their obligations.
8. Severability
8.1. The Company and the Client acknowledge that this Agreement is reasonable, valid and legally binding.
8.2. If any term, obligation, circumstance or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the Parties intend to modify the scope of such provision by the court only to the extent that the provision is reasonable and enforceable, and the remaining provisions of this Agreement will not be affected, impaired or invalidated in any way as a result.
8.1. The Company and the Client acknowledge that this Agreement is reasonable, valid and legally binding.
8.2. If any term, obligation, circumstance or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the Parties intend to modify the scope of such provision by the court only to the extent that the provision is reasonable and enforceable, and the remaining provisions of this Agreement will not be affected, impaired or invalidated in any way as a result.
9. Amendment
9.1. The Company reserves the right to change, update, add, delete, revise and change this Agreement, the Privacy Policy and the Cookies Policy, which are an integral part of this Agreement, at any time.
9.2. Information about changing the terms of the Agreement is published on the main page of the site. For existing Clients, an appropriate information mailing shall be made via the e-mail specified by them or by any other existing method of communication used by the Company with the Client.
9.3. Any deals concluded before the entry into force of the new version of the Agreement shall be governed by the version of the Agreement published at the time of the conclusion of the deal.
9.1. The Company reserves the right to change, update, add, delete, revise and change this Agreement, the Privacy Policy and the Cookies Policy, which are an integral part of this Agreement, at any time.
9.2. Information about changing the terms of the Agreement is published on the main page of the site. For existing Clients, an appropriate information mailing shall be made via the e-mail specified by them or by any other existing method of communication used by the Company with the Client.
9.3. Any deals concluded before the entry into force of the new version of the Agreement shall be governed by the version of the Agreement published at the time of the conclusion of the deal.
10. Dispute resolution procedure
10.1. The Client's claims for the Services provided by the Company are taken into consideration through an email within 2 (working) days from the date when the dispute arose.
10.2. The Company and the Client, taking into account the nature of the provided services, undertake, in the event of disputes and disagreements related to the provision of the services, to apply the pre-trial procedure for resolving disputes.
10.3. The Parties shall use all reasonable efforts to settle through negotiations any disputes arising out of this Agreement, in connection with it or its violation, termination or validity.
10.4. Matters arising from the interpretation and application of this Agreement, and not governed by it, shall be governed in accordance with the current Rules of legislation of the Cyprus. The Parties will make every reasonable effort to resolve through negotiations any disputes arising from this Agreement, in connection with it or its violation, termination or validity.
10.5. Any dispute with legal entities which arises in the course of or following the performance of the present Agreement will be definitively settled in accordance with International Commercial Arbitration Law in force at the time this Agreement is concluded and to which the Parties declare they have adhered.
10.6. Any dispute with natural persons which arises in the course of or following the performance of the present Agreement are subject to review in accordance with the requirements of the current legislation of Cyprus.
10.1. The Client's claims for the Services provided by the Company are taken into consideration through an email within 2 (working) days from the date when the dispute arose.
10.2. The Company and the Client, taking into account the nature of the provided services, undertake, in the event of disputes and disagreements related to the provision of the services, to apply the pre-trial procedure for resolving disputes.
10.3. The Parties shall use all reasonable efforts to settle through negotiations any disputes arising out of this Agreement, in connection with it or its violation, termination or validity.
10.4. Matters arising from the interpretation and application of this Agreement, and not governed by it, shall be governed in accordance with the current Rules of legislation of the Cyprus. The Parties will make every reasonable effort to resolve through negotiations any disputes arising from this Agreement, in connection with it or its violation, termination or validity.
10.5. Any dispute with legal entities which arises in the course of or following the performance of the present Agreement will be definitively settled in accordance with International Commercial Arbitration Law in force at the time this Agreement is concluded and to which the Parties declare they have adhered.
10.6. Any dispute with natural persons which arises in the course of or following the performance of the present Agreement are subject to review in accordance with the requirements of the current legislation of Cyprus.
11. Confidentiality
11.1. The Parties agree that each of them shall maintain and not disclose any confidential or proprietary information received from another Party as a result of or in connection with the Agreement and / or the services provided in connection with it.
11.2. Neither the Client nor the Company will, without the other's prior written consent, disclose to any third party any information concerning the other's proprietary or confidential information and material, including but not limited to the business or method of working of the other party, which may be revealed as a result of or in connection with Agreement and/or Services, except as required by law, to the extent that such information may become public knowledge, may be acquired or generated by either party independently from something other than by a breach of this clause or to obtain legal or tax advice.
11.1. The Parties agree that each of them shall maintain and not disclose any confidential or proprietary information received from another Party as a result of or in connection with the Agreement and / or the services provided in connection with it.
11.2. Neither the Client nor the Company will, without the other's prior written consent, disclose to any third party any information concerning the other's proprietary or confidential information and material, including but not limited to the business or method of working of the other party, which may be revealed as a result of or in connection with Agreement and/or Services, except as required by law, to the extent that such information may become public knowledge, may be acquired or generated by either party independently from something other than by a breach of this clause or to obtain legal or tax advice.
12. Applicable law
12.1. This Agreement shall be construed in accordance with and governed by Rules of legislation of the Cyprus.
12.2. For all matters not regulated by this Agreement, the Parties shall be subject to the laws of 12.1.
12.1. This Agreement shall be construed in accordance with and governed by Rules of legislation of the Cyprus.
12.2. For all matters not regulated by this Agreement, the Parties shall be subject to the laws of 12.1.
13. General provisions
13.1. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa.
13.2. No failure or delay by either party to this Agreement in exercising any power, right or privilege provided in this Agreement will operate as a waiver, nor will any single or partial exercise of such rights, powers or privileges preclude any further exercise of them or the exercise of any other right, power or privilege provided in this Agreement.
13.3. This Agreement comes into force and shall be binding on the respective assignees, executors, administrators, successors and representatives, as the case may be, of the Company and the Client.
13.4. This Agreement, the Privacy Policy and the Cookie Policy constitute the entire agreement between the parties and there are no additional clauses or provisions, either oral or written. The Parties of this Agreement agree that none of them has made any representations regarding the subject matter of this Agreement other than those specifically set forth in this Agreement.
13.5. The Client enters into this Agreement voluntarily and confirms that he:
a) is fully acquainted with the terms of the Agreement;
b) fully understands the subject matter and conditions of the Agreement;
c) fully understands the meaning and consequences of its actions in relation to the conclusion and execution of the Agreement.
13.6. The Client guarantees that he has all the rights, powers, permissions and licenses necessary for the conclusion and execution of the Agreement.
13.7. The Client may unilaterally refuse from the services before accepting the Company's commercial offer in accordance with clause 1.2. of the Agreement. In case of unilateral refusal of the Client from the services after acceptance of the commercial offer, the Client undertakes to compensate the actual costs incurred by the Company prior receiving the refusal.
13.1. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa.
13.2. No failure or delay by either party to this Agreement in exercising any power, right or privilege provided in this Agreement will operate as a waiver, nor will any single or partial exercise of such rights, powers or privileges preclude any further exercise of them or the exercise of any other right, power or privilege provided in this Agreement.
13.3. This Agreement comes into force and shall be binding on the respective assignees, executors, administrators, successors and representatives, as the case may be, of the Company and the Client.
13.4. This Agreement, the Privacy Policy and the Cookie Policy constitute the entire agreement between the parties and there are no additional clauses or provisions, either oral or written. The Parties of this Agreement agree that none of them has made any representations regarding the subject matter of this Agreement other than those specifically set forth in this Agreement.
13.5. The Client enters into this Agreement voluntarily and confirms that he:
a) is fully acquainted with the terms of the Agreement;
b) fully understands the subject matter and conditions of the Agreement;
c) fully understands the meaning and consequences of its actions in relation to the conclusion and execution of the Agreement.
13.6. The Client guarantees that he has all the rights, powers, permissions and licenses necessary for the conclusion and execution of the Agreement.
13.7. The Client may unilaterally refuse from the services before accepting the Company's commercial offer in accordance with clause 1.2. of the Agreement. In case of unilateral refusal of the Client from the services after acceptance of the commercial offer, the Client undertakes to compensate the actual costs incurred by the Company prior receiving the refusal.
