Navakolle Public Service Agreement

This agreement for the provision of services (hereinafter referred to as the Agreement) is an offer from an Individual Entrepreneur Navakolle, registered by the National Agency of Public Registry of Georgia, identification number 322762872, hereinafter referred to as the Contractor, and defines the mutual rights, obligations and procedure for the relationship between the Contractor and the Client - any individual or a legal entity that accepted a public proposal (offer) to conclude this Agreement.

1. DEFINITIONS USED IN THIS AGREEMENT

1.1. The terms and definitions used in this Agreement are used in the following meaning:

• Website – a set of web pages located on the Internet information and telecommunications network in a single address space (domain), containing information in electronic form;
• Domain (domain name) - the unique name of the Website, the address at which the pages of the resource are available on the Internet;
• Content - information content of the Website, including text, illustrations, videos, etc.;
• Application (technical specifications) - a list of requirements and recommendations for the services to be provided, which will be considered a criterion for assessing the result of the services;
• CMS - is a Website management system that allows you to change its content and settings;
• Hosting - placement of the Website on an external server with access to the Internet, and support of services responsible for the operation of the Website.

2. SUBJECT OF THE AGREEMENT

2.1. In accordance with this Agreement, the Client instructs, and the Contractor undertakes to provide the Client with services for the development of Websites, their testing, audit, configuration, maintenance, redesign, modification, optimization, as well as for the creation and maintenance of contextual advertising, SEO promotion Websites, SMM, branding and design, photo and video creation and processing (hereinafter referred to as the Services), and the Client undertakes to pay the cost of Services provided for in this Agreement.

2.2. The list of Services that can be provided under this Agreement, the approximate terms for the provision of Services and other conditions determining the procedure for the provision of Services, as well as other information that is essential for the provision of Services, is posted by the Contractor on the Website https://navakolle.com/.

3. PROCEDURE FOR CONCLUSION OF THE AGREEMENT

3.1. This Agreement is a public agreement, according to which the Contractor assumes the obligation to provide the Services provided for in clause 2.1 of the Agreement in relation to an indefinite number of persons (Clients) who apply for these Services.

3.2. Publication (posting) of the text of this Agreement on the information resource (Website) of the Contractor at the address: https://navakolle.com/ is a public proposal (offer) of the Contractor addressed to an indefinite number of legal entities or individuals (Clients) to conclude this Agreement.

3.3. The conclusion of this Agreement is made by the Client’s accession to this Agreement, that is, through the Client’s acceptance of the terms of this Agreement as a whole, without any conditions, exceptions or reservations.

3.4. The fact of acceptance by the Client of the terms of this Agreement is the payment by the Client (including partial) of the cost of the Services in the manner and on the terms specified in this Agreement.

3.5. This Agreement, subject to the procedure for its acceptance, is considered concluded and has full legal force.

4. PROCEDURE FOR PROVISION AND ACCEPTANCE OF SERVICES

4.1. The provision of Services is carried out in accordance with the Application (technical specifications) for the provision of Services (hereinafter referred to as the Application) of the Client, containing the name of the Services to be provided, as well as a list of requirements and recommendations for the Services to be provided.

4.2. The Application is submitted by the Client by filling out a special form located at: https://navakolle.com/ or sent by the Client to the Contractor's email address (info@navakolle.com).

4.3. Based on the results of processing the Application, the Contractor, no later than 3 (Three) business days after its receipt, makes a decision on its approval or rejection.

4.4. The Contractor has the right to reject any received Application from the Client without motivating the reasons for its rejection.

4.5. If the Application is approved, the Contractor generates and sends to the Client’s email address specified in the Application an invoice for payment containing the name, list, terms of provision, cost, payment procedure and other conditions for the provision of Services. The invoice for payment is an integral part of this Agreement.

4.6. Payment by the Client of the invoice is confirmation of the Client’s unconditional consent to the terms of this Agreement, including the name, list and cost of the Services, as well as the terms for their provision and the payment procedure specified in the invoice.

4.7. The Services will be provided at the location necessary for the proper execution of this Agreement.

4.8. The term for the provision of services, as established by the invoice for payment, commences upon receipt of the advance payment for the services. Postponement of the terms of provision of Services may be made by agreement of the parties.

4.9. When providing Website development services to the Client, the Contractor:

4.9.1. publishes a test version of the Website and fills the Website based on information provided by the Client;

4.9.2. ensures the adaptability of the Website, that is, its correct display on various devices (personal computers, smartphones, tablets). By correct display we mean a display that dynamically adapts to the specified size of the browser window. It is possible to move content blocks, resize images, hide less important blocks;

4.9.3. after the Client approves the test version of the Website (sent in writing to the Contractor's email address), - connects the domain selected or provided by the Client to the Website and places the created Website on the Internet;

4.9.4. registers the domain name purchased by the Client for the Client's Website. The domain name is determined at the discretion of the Contractor, taking into account the wishes of the Client specified in the Application.

4.9.5. registers the Client's Website in search engines, Google web master panels, and also connects Metrika and Google Analytics without setting goals. Registration involves sending a request for indexing of the Website by the specified search engines, while the indexing process itself is outside the control of the Contractor and depends on the text content of the Website and other requirements of search engine filters;

4.9.6. places the Website on the hosting purchased by the Client and ensures its availability on the Internet with the provision of a Website management system or transfers the Website to the Client by sending it to the Client’s email address specified in the Application.

4.10. The procedure for the Contractor to provide other Services is determined on the basis of the Client’s Applications, invoices for payment, as well as the terms and conditions for the provision of Services posted by the Contractor on the Website https://navakolle.com/.

4.11. Upon completion of the work, the Contractor transfers to the Client the result of the Services provided and sends a Certificate of Acceptance and Transfer of Services Rendered to the Client’s email address.

4.12. The Client undertakes, no later than 5 (Five) business days from the date of receipt by e-mail of the Certificate of Acceptance and Transfer of Services Rendered, to sign the Certificate, accept the Services provided and send to the Contractor's e-mail address a scan of the signed Certificate or a reasoned refusal to sign the Certificate of Acceptance and Transfer of Services Rendered. If, within the period specified in this paragraph, the Certificate of Acceptance and Transfer of Services Rendered is not signed by the Client, and no reasoned objections are submitted, as well as in cases where the certificate is signed by the Client, the Services are considered to be provided in full, accepted by the Client without comments and are subject to payment.

4.13. In the event of receipt of motivated objections from the Client, the period for providing Services is extended for the period necessary to eliminate the deficiencies. In this case, the Client’s objections will not be accepted if they do not correspond to the previously agreed list of Services provided, specified in the invoice paid by the Client, or are unmotivated.

4.14. If the Client, in the process of providing Services or when considering their results, proposes to make adjustments to the terms of reference that go beyond the scope of his initial Application, then such adjustments are made by the Contractor on the basis of an additional written Application from the Client. In this case, the Contractor issues an additional invoice to the Client for payment for the Services caused by adjustments to the initial Application, and the terms for the provision of Services under this Agreement are extended for the period necessary for the provision of Services related to these adjustments.

4.15. If the Client needs additional Services, the Contractor, based on the Client’s additional Application, issues an invoice for their payment, which indicates the timing of the provision of additional Services under this Agreement.

5. RIGHTS AND OBLIGATIONS OF THE PARTIES

5.1. The Client undertakes to:

5.1.1. comply with the terms of this Agreement;

5.1.2. properly complete the Application for the provision of Services, as well as provide the Contractor with other initial data, information materials to be posted on the Website, and other information and documents necessary for the provision of Services, within 3 (Three) business days from the receipt of the request. Information materials intended for posting on the Website are provided by the Client in electronic form in one of the following formats: for texts – .doc, .docx, .odt, .PDF, .xlsl formats, for photographs: .jpg, .png. The rights to such information and documents belong to the Client and are confidential;

5.1.3. provide the Contractor with the necessary assistance during the provision of Services, including, if necessary, provide the Contractor with access passwords to the hosting where the Client’s Website is located, to the Website administration system, the Google Analytics statistics system and other systems to which the Contractor will need access to fulfill the terms of this agreement;

5.1.4. ensure the availability of licenses, certificates, registrations, as well as agreements with copyright holders, if necessary, in accordance with current legislation;

5.1.5. accept and pay for the Services in the manner specified in this Agreement.

5.2. The Contractor undertakes to:

5.2.1. provide the Client with reliable information about the nature, scope of the Services provided under this Agreement, methods of provision, cost and payment procedure for the Services;

5.2.2. provide Services in accordance with the Client’s Application in the amount, in the manner and within the time limits provided for in this Agreement;

5.2.3. immediately inform the Client:

about the unsuitability or insufficiency of the submitted materials, source data, information and documents for the proper provision of Services;

about possible adverse consequences for the Client of following his instructions on the method and procedure for providing the Services;

about other circumstances beyond the control of the Contractor that may affect the provision of Services by the Contractor or the impossibility of completing them on time.

Until further instructions are received from the Client, the Contractor has the right to suspend the provision of Services. If the Client does not accept the Contractor's objections, the Contractor is obliged to continue providing the Services in accordance with the Client's instructions, while the Client bears full responsibility for the consequences of the instructions given to the Contractor;

5.2.4. transfer to the Client the results of the Services provided under this Agreement;

5.2.5. at the Client’s request, submitted within 5 (Five) business days from the date of delivery of the result of the Services, to eliminate the shortcomings of poorly provided Services within a reasonable time without additional payment. Claims to the quality of the Services made by the Client after the expiration of the specified period are not subject to consideration and satisfaction;

5.2.6. use personal data and other information received about the Client solely for the purpose of providing Services.

5.3. The Client has the right to:

5.3.1. receive information from the Contractor related to the provision of Services;

5.3.2. check the progress of the provision of Services without interfering with the activities of the Contractor;

5.3.3. demand proper and timely provision of Services by the Contractor.

5.4. The Contractor has the right to:

5.4.1. independently determine the forms and methods of providing Services;

5.4.2. engage third parties (subcontractors) to provide the Services and independently determine the personal composition of specialists providing the Services. The Contractor's assignment of Services to other persons does not require the Client's prior consent. The Contractor will be responsible for the actions or inactions of the persons involved as for his own actions or inactions;

5.4.3. demand payment for Services;

5.4.4. receive from the Client information and materials necessary to fulfill its obligations under the Agreement.

5.4.5. in case of failure by the Client to provide the initial data, materials, information and documents necessary for the provision of Services, suspend the fulfillment of their obligations under the Agreement until their submission;

5.4.6. in case of failure by the Client to fulfill the obligations specified in clauses 5.1.2, 5.1.3 of this Agreement, unilaterally extend the total period of execution of the Agreement by the number of days of forced downtime caused by the lack of necessary initial data, information and materials, etc.;

5.4.7. in case of non-payment or incomplete payment by the Client for the Services provided, suspend the provision of Services until full payment is made or refuse the Agreement and demand compensation for losses;

5.4.8. Place at the bottom of the page of the Website developed for the Client your name and a link to the Website, which is the line: Creation of the “Navakolle” Website, as well as a hyperlink to the Website https://navakolle.com/, and also post information about the work performed on the portfolio pages on the Website https://navakolle.com/.

6. COST OF SERVICES AND PAYMENT PROCEDURE

6.1. The cost of the Services provided under this Agreement and the procedure for their payment are determined for each Application for the provision of Services separately based on the type and volume of Services to be provided and are reflected by the Contractor in the invoice for payment for the Services.

6.2. In addition to the cost of the Services, the Client bears the costs of third-party plugins, subscriptions, frameworks, etc., which are necessary for the proper provision of the Services and are not included in the cost of the Services.

6.3. The Client makes an advance payment for the Services in the amount of 20% (Twenty percent) of the total cost of the Services, unless a different amount of the advance payment or payment procedure for the Services is agreed upon by the parties and is indicated in the invoice for payment for the Services.

6.4. Payment will be made by bank transfer to the Contractor's account specified in the invoices for payment. The payment obligation is considered fulfilled at the moment the funds are credited to the Contractor's bank account. Expenses for banking transactions are borne by the Client.

6.5. When paying, the Client is obliged to indicate the number and date of the invoice he is paying in the payment purpose, otherwise the Contractor reserves the right not to take this payment into account.

6.6. The Client is obliged to make the final payment for the Services provided no later than 5 (Five) business days from the date of delivery of the result of the Services.

6.7. The Client is responsible for the accuracy of the payments he makes.

6.8. All additional costs not directly related to the provision of Services by the Contractor shall be paid by the Client independently.

7. SCOPE OF RIGHTS, PROCEDURE AND CONDITIONS FOR USE OF THE SERVICES

7.1. Copyright and exclusive (property) rights to the results of the Services provided (including software developed by the Contractor, photo and video materials created, texts, design solutions, etc.) belong to the Contractor indefinitely.

In this case, exclusive rights to the results of the Services provided under this Agreement may be transferred to the Client by concluding an agreement between the parties for the alienation of exclusive rights.

7.2. The Contractor transfers to the Client non-exclusive rights to the results of the Services provided, including the right to use the result of the Services in accordance with its purpose, the right to modify the result of the Services, the right to copy (create a backup copy), the right to distribute among end users.

8. RESPONSIBILITY OF THE PARTIES

8.1. In case of non-fulfillment or improper fulfillment of assumed obligations, the Parties bear responsibility under the current legislation of Georgia.

8.2. In case of violation of the terms of payment for the Services, the Client pays the Contractor a penalty in the amount of 0.1% (One tenth of one percent) of the debt amount for each day of delay.

8.3. In the event of a unilateral refusal to fulfill the Agreement at the initiative of the Client, the amount of the advance payment will not be returned to the Client.

8.4. The Client bears full responsibility for the content and accuracy of advertising information, as well as for the legal legality of using logos, trademarks and company names, in accordance with the law.

8.5. If the Client makes independent changes to the content, program code or settings of the Website developed by the Contractor, the latter is not responsible for the safety of the appearance (design) of the Website and its performance.

8.6. The Contractor is not responsible to the Client, as well as to any third parties for the content of materials presented and (or) posted on the Website by the Client, including for violation of copyrights of third parties.

9. FORCE MAJEURE

9.1. The Parties are released from liability for complete or partial failure to fulfill obligations under the Agreement if the failure to fulfill obligations was the result of force majeure, namely: fire, flood, earthquake, strike, war, actions of government authorities or other circumstances beyond the control of the Parties.

9.2. The Party subjected to force majeure circumstances must promptly, but no later than 5 (Five) calendar days after the occurrence of these circumstances, notify the other Party in writing, providing supporting documents issued by the competent authorities. Otherwise, such Party is deprived of the opportunity to refer to these circumstances as a basis for exemption from liability.

10. PROCEDURE FOR INTRODUCING CHANGES AND ADDITIONS TO THE AGREEMENT

10.1. Changes and (or) additions to this Agreement are made unilaterally by decision of the Contractor and come into force from the moment of their publication (posting) on the Contractor's information resource at: https://navakolle.com/.

10.2. In case of disagreement with the changes and (or) additions made, the Client has the right to unilaterally refuse to fulfill the Agreement. A notice of unilateral refusal to fulfill the Agreement is any written notice from the Client, drawn up on paper or in electronic form, of disagreement with the changes and (or) additions made, or of non-adherence to the new version of this Agreement or refusal to comply with its terms.

10.3. The parties unconditionally agree that silence (the absence of written notices of unilateral refusal to fulfill the Agreement, or disagreement with certain provisions of the Agreement) is recognized as the Client’s consent and accession to the new version of this Agreement.

10.4. The Client is obliged to independently monitor changes made to the Agreement on the Contractor’s information resource at: https://navakolle.com/. Continued execution of the terms of this Agreement constitutes the Client’s consent to the amended terms of the Agreement.

11. THE TERM OF THE AGREEMENT AND PROCEDURE FOR ITS TERMINATION

11.1. This Agreement comes into force from the moment the proposal is accepted by the Client in the manner established by the Agreement, and is valid until the Parties fully fulfill their obligations.

11.2. This Agreement may be terminated:

11.2.1. at any time by mutual agreement of the Parties, drawn up in the form of an additional written agreement drawn up in electronic form or on paper;

11.2.2. by the Client by unilateral refusal to fulfill the Agreement sent to the Contractor in writing, subject to compensation to the Contractor for the cost of Services actually rendered and expenses incurred.

12. DISPUTE RESOLUTION PROCEDURE

12.1. The Parties undertake to resolve all disputes and disagreements related to this Agreement through negotiations in compliance with the mandatory claims procedure. The claim shall be made in writing and sent to the other Party in any way that allows one to reliably establish the fact of its receipt. The claim must be considered by the Party that received it within 10 (Ten) business days from the date of its receipt.

12.2. If the Parties fail to resolve all controversial issues in the manner established by clause 12.1 of this Agreement, all disputes arising from this Agreement, including those related to its conclusion, amendment, termination, execution, invalidity, shall be resolved by the competent court of Georgia in accordance with legislation of Georgia.

13. OTHER TERMS

13.1. The parties unconditionally agree that this Agreement is concluded at the place of registration of the Contractor.

13.2. By concluding this Agreement, the Client hereby declares and confirms that:

13.2.1. has full legal capacity to enter into and execute this Agreement in accordance with applicable law;

13.2.2. has read and accepts all the terms and conditions of this Agreement in full without any exceptions or restrictions on its part and undertakes to comply with them or stop using the Contractor’s Services. If the Client does not agree with the terms of this Agreement or does not have the right to conclude an Agreement on the stated terms, he should immediately stop using the Contractor’s Services;

13.2.3. the Agreement may be changed by the Contractor in the manner specified in clause 10.1 of this Agreement, without any special notification to the Client;

13.2.4. the information provided by the Client when ordering Services is complete and reliable;

13.2.5. gives his consent to the Contractor’s processing of his personal data in accordance with the Personal Data Privacy Policy approved by the Contractor. The Client confirms that his personal data was provided voluntarily, knowingly, within the framework of this Agreement, the data specified by the Client is correct and true. The Contractor guarantees to the Client that the personal data specified by him will be used solely for the purpose of proper execution of the terms of this Agreement.

13.3. If any of the terms of this Agreement loses legal force, is declared illegal, or is excluded from this Agreement, this does not entail the invalidity of the remaining terms of this Agreement, which will retain legal force and are binding on all Parties.

13.4. All issues not regulated by this Agreement are resolved in accordance with the current legislation of Georgia.

13.5. Correspondence under the Agreement, including the exchange of information necessary for the provision of Services, clarification of details (working issues) of the provision of Services, sending messages, requests, notifications and materials, can be carried out by e-mail. In this case, the proper email address of the Contractor is indicated in section 14 of the Agreement, the Client indicates the proper email address of his in the Application form for receiving Services.

14. CONTRACTOR DETAILS AND CONTACT INFORMATION

14.1. The parties unconditionally agree to use the Client’s details as the information provided by him when filling out the Application and paying for Services.

14.2. Details of the Contractor:

Individual Entrepreneur Navakolle

ID 322762872

Georgia, Adigeni region, Varkhani village, 7th street, N7

Address for sending correspondence:

e-mail: info@navakolle.com

The current version of the public contract for the provision of services was posted on 01/03/2024 and comes into force the next day from the date of publication.