Public offer to conclude a contract for the development of an information product

Public offer approved on 12.03.2020.
г. Izhevsk

Radke Tamara Sergeevna, who is a payer of professional income tax (taxpayer ID 183511756741) (hereinafter - the Contractor), publishes this proposal, which is a public offer for legal entities, individual entrepreneurs and individuals.

This offer is posted on the website http://radkedesign.ru and (or) http://logo.radkedesign.ru and (or) http://radkelogo.ru
1. Terms and Definitions

Customer - a legal entity, an individual entrepreneur or an individual who accepts the terms and conditions of this proposal and has placed a work order on the website http://radkedesign.ru and (or) http://logo.radkedesign.ru and (or) http://radkelogo.ru

Contractor - Radke Tamara Sergeevna (INN 183511756741), who is a registered payer of tax on professional income in accordance with the Federal Law of 27.11.2018 N 422-FZ "On the experiment for the establishment of a special tax regime "Tax on professional income", performing work in accordance with this proposal.

Internet site - http://radkedesign.ru and/or http://logo.radkedesign.ru and/or http://radkelogo.ru

Application (also brief, terms of reference) - electronic form placed on the Internet site of the Contractor, completed by the Customer in accordance with its request to perform a certain work (work package), in accordance with the tariff selected on the Internet site, and confirmed by the Customer by clicking on the appropriate link in the form of the Application.

Work - work on development of software tools and information products for computer technology, namely development of web-pages content in accordance with the Customer's Application (hereinafter - Information product). The cost and composition of work are listed on the Contractor's website and depend on the package (tariff) chosen by the Customer in accordance with the filled in Application.

Information product is a logo, elements of corporate identity, naming, slogan, and brandbook, intended for usage on the Customer's web-page in a program form.

Logo - a graphic sign, emblem or symbol used to increase recognizability and recognizability, serving as a means of individualization of the Customer's company/product in the market.

Elements of corporate identity - a set of color, graphic and other permanent elements that provide visual and semantic unity of the Customer's product and all information coming from it.

Naming - development of the Customer's company name.

Slogan - a short formulation of the Customer's company/product idea, consisting of one or more words, which is intended to focus attention on the philosophy of the brand, to become the motto of the Customer's company or a separate advertising campaign.

Brandbook - a document containing a description of the technical standards of visual and graphic design of the company, as well as the rules for using these standards and communicating them to consumers. Branded media in the brandbook can be different, depending on the order of a particular customer.

Work result) - providing the Customer with computer (-s) files (-s) containing graphic (-s) and/or verbal information, created by the Contractor in accordance with the Customer's Application and transferring the exclusive rights to use the provided result of the relevant work.

Agreement for work performance - an agreement for work on the development of a logo, corporate identity elements, naming, slogan and / or brandbook, concluded between the Contractor and the Customer on the terms and conditions specified in this public offer.

In the case of use in this public offer terms not specified above, the meaning of such terms shall be determined in accordance with the text of this public offer. In the absence of an unambiguous definition of terms in the text of this offer, the Customer and the Contractor shall be guided in the first place by terms defined on the Contractor's website, in the second place - those defined in the legislation of Russia.
2. Main provisions

2.1 The subject of this public offer is the Contractor's performance of works on development of software and information products for computer technology, namely the development of designed for placement on the Customer's web page in software form of the following information products: logo, corporate identity elements, naming, slogan and brandbook according to the package (tariff) selected by the Customer according to the filled out application form on the Contractor's Internet site.
Contractor's work and rates of work are described in detail on the Internet site at:
http://radkedesign.ru and/or http://logo.radkedesign.ru and/or http://radkelogo.ru

2.2 Conditions of the present proposal as well as information about works presented on the Contractor's web-site are the public offer according to article 435 and item 2 of article 437 of the Civil Code of the Russian Federation.

2.3 To order the works the Customer issues an application on the Internet-site. The Application is executed with the help of a special electronic form, placed on the Contractor's web-site. The Application is confirmed by the Customer by clicking on the appropriate link in the Application form.

2.4 Acceptance (acceptance of conditions of the public offer) is transfer by the Customer to the account of the Contractor preliminary payment for the ordered works in the sum not less than 50 % of cost of the chosen work, and when ordering separate firm carriers - in the sum 100 % of cost of the works.
The customer accepts the terms of this public offer completely and unconditionally. From the date of acceptance of this public offer by the Customer contract for work (to develop a logo, corporate identity elements, naming, slogan and / or brandbook) is considered to be concluded.

2.5 From the date of acceptance by the Customer contract for work shall be deemed to be entered into on the terms and conditions set forth in this public offer and shall remain in force until the parties have fulfilled their obligations.

2.6 Actions of the Customer on the acceptance of this public offer are a confirmation that the Customer is fully provided with information about the order of works, the amount, manner and timing of payment for work.

2.7 Conditions of this public offer can be changed by the Contractor unilaterally without notice to the Customer. New edition of the public offer shall be effective from the date of its publication on the Internet site.
3. Formalization of the Application and execution of the Work

3.1 The Application (also Brief, Terms of Reference) is drawn up by the Customer on the website by filling in the electronic form and confirming it by clicking on the appropriate link located in the Application form.

3.2 The Customer is obliged to fill in the Application correctly, in full, and provide true information. The Customer must act in good faith when filling in the Application. 3.3.

3.3 If the Application is filled out incorrectly or not in full, or the Executor requires additional information, the Executor sends an email request to the Customer to provide the necessary information. The Executor does not start to perform the Work until the Customer provides the requested information.

3.4 The Contractor begins to perform the Work after receiving all necessary information from the Customer and receiving advance payment for the Work in the amount of at least 50% of the selected Work (100% - when ordering individual branded media). The term for performance of the Work shall be calculated after the occurrence of both events specified in this clause, from the date of the last of them.
The local time of the Contractor (Izhevsk of the Udmurt Republic, GMT +4) is recognized as a unified time scale.

3.5 The Contractor establishes the following terms and conditions of work performance:
3.5.1 Logo design work:

- for light tariff. Term of work performance: 12 working days. The Contractor shall develop 1 version of the logo. After that it is agreed with the Customer. Included 1 valid revision - kerning, color, minor details that do not change the composition of the logo. If the variant is not approved by the Customer, payment in the amount of 100% of the cost of work is not returned to the Customer and is included in the Executor's expenses. Any revisions over and above the rate are evaluated separately.

- for starter rate. Term of Work: 20 working days. The contractor develops two versions of the logo. After this they are agreed with the Customer. If one of the options has been approved by the Client, the chosen variant will be refined (1 justified alteration will be included - kerning, color, minor details that do not change the logo composition). If none of the options is not approved by the client (even after the revision included in the fee), the client has the right not to pay the remainder of the fee. Prepaid fee in the amount of 50% of the work cost is not returned to the Customer and belongs to the Executor's expenses. Any modifications over and above the pricelist are evaluated separately and will be charged including the rest of the pricelist.

- for the extended tariff (2+2). The work is carried out in stages: within 30 working days the Contractor develops 2 variants, after which they are agreed with the Customer. If one of the options has received the Customer's approval, the selected option is finalized (1 justified edit is included - kerning, color, minor details that do not change the composition of the logo). If none of the options is not approved by the Customer, an additional discussion is held, after which the Contractor proceeds to refine one of the options previously presented to the customer or to develop 2 other options; the development period is 15 working days. New introductions should clarify and not change the conditions described in the brief.

If none of the options is not approved by the customer (even after the revision included in the fee) - the customer has the right not to pay the remainder of the fee for the work. Prepayment in the sum of 50% is not returned to the Customer and belongs to the Executor's expenses. Any alterations over and above the price are evaluated separately and paid with the rest of the price.

- The fee for the maximal tariff (3+3). The work is performed in stages. The Executor develops 3 variants within 20 working days, after that they are agreed with the Customer. If one of the options has received the approval of the customer, the selected option is refined (included 1 valid edit - kerning, color, small details that do not change the composition of the logo). If none of the options is not approved by the Customer, an additional discussion is held, after which the Contractor proceeds to the improvement of one of the options previously presented to the customer or to the development of 3 other options; the development period is 20 working days. New introductions should clarify and not change the conditions described in the brief.

If none of the options is not approved by the customer (even after the revision included in the fee) - the customer has the right not to pay the remainder of the fee for the work. Prepayment in the sum of 50% is not returned to the Customer and belongs to the Executor's expenses.
Any improvements over and above the rate are priced separately and will be charged for the remainder of the rate.

The work is divided into iterations depending on the chosen tariff for development (except for Light and Start). The terms according to the tariff can be changed by the developer after the analysis of the brief and the current load on the projects.

For all of the above rates include only 1 justified edit (kerning, color, small details that do not change the composition of the logo). In this case, only one selected variant is finalized. It is not possible to make changes in several variants within one tariff. Revisions beyond the tariff are evaluated separately and paid for including the balance of the tariff. Fonts in the project are for guidance only, only as an example of use (both free and licensed fonts). The purchase of a font license is the responsibility of the customer.

3.5.2 Work on the development of elements of corporate identity.

For each element of the corporate identity there is a term. The duration of the execution of the Work depends on the complexity of execution, based on the Customer's request, described in the brief, and in correspondence on the project between the Contractor and the Customer. Terms of the Work execution for each branded medium are agreed between the Customer and the Contractor after the Customer makes an application on the Contractor's website by filling out the brief. The sequence of implementation of branded media is carried out on the basis of the logic of work. Some media are implemented first, since other branded elements will depend on them. For example, the font map, the color chart, the logo block - the first-priority elements. On them will depend on what font will be used, what colors will be used on the other branded media. Fonts in the project are only recommendations, only as an example of use (both free fonts and licensed fonts). The purchase of a font license is the responsibility of the customer. When using fonts on publicly available and observable media (labels, business cards, placement on the Internet network, etc.) without purchasing a font license, the Client bears all responsibility to third parties.

Work on the development of the corporate identity elements is carried out on 100% prepayment of the project. The development includes 1 justified revision (kerning, color, fine detailing not changing the composition, artistic style of the medium).

3.5.3 Work on the development of naming / slogan:

- For the starter rate. The work is carried out stage by stage, within 5 working days the Contractor prepares the first 4 versions of names / slogans with a description in accordance with the task set by the Customer in the brief. The Customer has the right to choose a name/slogan from the suggested variants. If none of the variants is approved by the Customer, a discussion is held (the Customer expresses his further wishes, not changing the conditions described in the brief). After that the Performer proceeds to the second part of the work, which is performed within the next 5 working days.

- for the extended tariff. The work is performed in stages. The Contractor prepares the first 7 names/slogans variants with a description in accordance with the task set in the brief by the Client within 8 working days. The Customer has the right to choose a name/slogan from the suggested variants. If none of the variants is approved by the Customer, a discussion is held (the Customer expresses his further wishes, not changing the conditions described in the brief). After that the Developer proceeds to the realization of the second part of the work which is performed within the next 8 working days.

The Contractor is not responsible for coincidence of names in open and closed sources, phonetic coincidences, as well as refusal of registration. All checks are made through open information sources on the Internet (Onlinepatent.ru and Reg.ru). Executor does not accompany the client registration, but only offers options in accordance with tariff plans.

Payment made to the Customer is not refundable and belongs to the Executor's expenses.

3.5.4 Work on the development of the brandbook on the tariff "business" - which includes:
- development of the logo - 2 conceptually different options;
- Development of the font card, color card, business card, letterhead, envelope;
brandbook, guidebook, technical standards passport is made in PDF. Full transfer of rights for development, source files for printing is carried out. Fonts in project have only recommendatory character, only as an example of use (both free fonts and licensed ones). The purchase of the font license is carried out by the customer. Work time: 30 working days.

The cost and timing of work on the development of a brandbook in excess of the business rate depends on the number and names of works specified by the customer in the application (brief) to develop a brandbook / corporate identity, as well as other additional information received by the contractor in the course of correspondence with the customer. The term of work and the price of the work shall be set by additional agreement between the parties in the course of correspondence.

Payment is made in the amount of 100% prepayment of the cost of these works.

3.6 The terms of the Work may be changed if agreed upon by the Contractor and the Customer.
The Contractor has the right to perform the Works ahead of schedule.

3.7 The term of the Works does not include the time spent on their approval. The Contractor undertakes to coordinate the stages of work as they are completed in order to accelerate the process of coordination and not to delay the final term of the Works. The Customer undertakes to inform about its decisions on the options provided for approval within 3 working days.

3.8. The Customer is obliged to follow the rules of business communication (not to use profanity, insults, etc.) when approving the Works.
Any communication received from the Customer within the framework of approval of the Works which violates the requirements of this clause of the Agreement shall be deemed as not received. The Customer bears the risks associated with the non-receipt of a message regarding the submitted variants of the Works.

3.9 It is not possible to make changes in the course of work or in the variants of work submitted to the Customer for approval (after completing the brief and sending all necessary additional information). There can only be clarifying corrections which do not change the task statement described in the brief.

3.10. The Customer is obliged to provide the Contractor with all the information and documentation necessary to perform the Work in a timely manner. In case of concealment by the Customer of information necessary for the performance of the Works, the Contractor has the right to demand an increase in the period of performance of the Works and the amount of payment for the Works or to terminate the Contract with withholding the amount due for the actually performed Works.

3.11. The Customer has the right to obtain from the Contractor explanations related to the performance of the Works only in writing within 5 working days from the date of the relevant request. The term of performance of the Works shall be suspended for the period of performance of this requirement.
4. The result of the Work and the transfer of rights to it

4.1 Based on the results of the work performed by the Contractor, the Customer shall be provided with the Result of the Work.

Delivery of the result of the Work to the Customer is carried out by sending an e-mail to the Customer's e-mail address, containing the computer file(s) containing graphic(s) and/or verbal information, created by the Contractor in accordance with the Customer's Application.

The work is considered to be delivered by the Contractor within the deadline set by the Work Contract if it is sent to the Customer before 00:00 a.m. of the last day of the deadline set by the Customer. 00 a.m. of the last day of the deadline defined for a particular type of work in the contract.

4.2 The Customer is obliged within 5 (five) working days to acquaint himself with the result of the completed work provided by the Contractor, to confirm (accept) the result or to refuse its acceptance - by sending a reply to the e-mail studioradkedesign@gmail.com (or) studio@radkedesign.ru. Acceptance or rejection of acceptance is made by notifying the Contractor by e-mail at studioradkedesign@gmail.com (or) studio@radkedesign.ru. In case of refusal of acceptance, the Customer shall specify the reasons for refusal of acceptance of the completed work.

In this case the Customer shall be obliged to follow the rules of business communication (not to use foul language, insults, etc.). Otherwise the Customer's notice of refusal to accept the results of the Works shall be deemed not received and the Customer shall bear the risks associated with the non-receipt of such a notice.

4.3 In the course of acceptance, the Customer shall check the provided Result of the Works for technical errors, clerical errors (if any). In case of any inaccuracies, to send comments to the Contractor by e-mail.

The term of the Contractor's elimination of defects indicated by the Customer shall be negotiated individually. The Executor is not responsible for technical errors, clerical errors (if there is a text).

4.4 Absence of confirmation of acceptance of the result of work performed, as well as absence of refusal of acceptance or comments from the Customer within the period specified in paragraph 4.2 of this public offer is considered as confirmation of acceptance of the result of work performed without any comments and reservations. Upon receipt of the second payment, in accordance with paragraph 5.2 of the Offer, the act of acceptance of completed works is considered to be signed by the parties, in case of need to provide the act on paper the Customer should send a request at least 1 (one) calendar day in advance to the e-mail studioradkedesign@gmail.com (or) studio@radkedesign.ru. Acceptance (confirmation of the Acceptance act of the work performed) is the transfer by the Customer to the Contractor's account of the remaining part of the payment for the ordered work.

4.5 The transfer of exclusive rights to use the result of the completed work (including the transfer of source files, in cases of development of a logo, any corporate identity graphics) is carried out after confirmation of its acceptance by e-mail studioradkedesign@gmail.com (or) studio@radkedesign.ru. Exclusive rights to the result of the completed Work are considered to be transferred to the Customer after confirmation of acceptance of this result by e-mail studioradkedesign@gmail.com (or) studio@radkedesign.ru, subject to full payment for the completed Work. Acceptance (confirmation of acceptance of the result of the completed work) is the transfer by the Customer to the Contractor's account of the remaining part of the payment for the ordered work. Source files without full payment are not transferred to the Customer.

4.6 The Contractor has the right of authorship in respect of the Result of the completed work (the right to be recognized as the author).

The Customer grants to the Contractor the right to use the Customer's name in the lists of organizations, for which the Contractor has performed the Work. The Contractor has the right to use the Results of the executed Work as a presentation of its capabilities (for the portfolio), and also has the right to disclose information about the order of creation of the result of the executed Work.

4.7 Services are provided without any explicit or implicit obligations on the part of the Contractor, including commercial guarantees and guarantees of suitability for any specific areas of use. Contractor shall not under any circumstances be liable for losses and damages caused by the use or inability to use the result of the Service or by the provision or failure to provide support services related to the use of the result of the Service.
5. Cost of the Works and payment procedure

5.1 The cost of the work chosen by the Customer is determined in accordance with the prices indicated on the Contractor's website at: http://radkedesign.ru and/or http://logo.radkedesign.ru and/or http://radkelogo.ru

5.2 Payment shall be made as follows:

- 50% of the cost of the ordered Works shall be paid by the Customer at the time of the Application as an advance payment for the Contractor's works by one of the methods offered by the Contractor and specified on the Internet site;
- 50% of the remaining cost of the ordered works shall be paid after acceptance of the Result of the completed Works by the Customer using one of the methods offered by the Contractor on the website;
Works by one of the ways offered by the Contractor and listed on the web-site.
The Customer has the right to pay 100% of the cost of the Work when placing an Order as advance payment for the Contractor's work.

When ordering individual branded media and light tariff, or ordering the development of a logo based on the layout previously made by the Contractor, the payment is made in the amount of 100% prepayment of the cost of these works.

5.3 The moment of payment for the Work is the receipt of the appropriate amounts of money to the account of the Contractor.

5.4 The payment made by the Customer in the amount of 50% of the cost of the ordered Works when filling in the Order is non-refundable in cases of
- refusal of the Customer to accept the completed Work in accordance with paragraph 4.2 of this public offer
- unilateral refusal of the Customer to perform the Work Agreement, if the Contractor has actually started to perform the work.
6. Force majeure

6.1 The Contractor and the Customer shall be released from liability for partial or full non-performance of obligations under the Performance Contract if they prove that proper performance was impossible due to force majeure, i.e. extraordinary and unavoidable circumstances, which they could not foresee and anticipate in the course of performance of the said contract. In particular, force majeure includes: natural disasters, accidents, fires, riots, strikes, military actions, failure of computer or telecommunications equipment, issuance of regulations directly or indirectly prohibiting the activities specified in the contract that prevent the parties from performing their functions, and other circumstances beyond the control of the parties under the Performance Agreement.

6.2 If force majeure occurs, each party shall notify the other party in writing without delay. The notification must contain data on the nature of the circumstances, as well as official documents certifying the presence of these circumstances and, if possible, giving an assessment of their impact on the possibility of performance by the party of its obligations under this contract.

6.3 In case of force majeure the parties have no mutual claims, and each of the parties independently bears the risk of the consequences.

6.4 The Contractor has the right to postpone the terms of performance of the contract for the period during which the force majeure circumstances will be in effect.
7. Final Provisions

7.1 All disputes that may arise between the Parties, the Parties will seek to settle out of court.

7.2. All disputes between the Contractor and the Customer in case of failure to reach an agreement shall be resolved by the court at the location of the Contractor, Izhevsk.

7.3. Customer fully agrees with the fact that Executor cannot bear any financial losses of Customer exceeding the cost of Services rendered to the Customer. Provider's maximum liability to the Customer under or in connection with this Agreement is limited to the amount of value of services that the Provider has actually received from the Customer in connection with the performance of the relevant service under this Agreement. The Contractor shall not be liable to the Customer or any third party for any indirect, mediated or special losses or damages (including but not limited to lost profits) that arise under or in connection with this Agreement.

7.4 The Customer and the Contractor shall establish that in the course of performance of the Agreement concluded between them, the Works shall be permanently communicated (including exchange of information, coordination and acceptance of the result of the work performed) by sending e-mails to the following e-mail addresses
- from the Customer's side - to the e-mail address specified by the Customer when executing the Application;
- from the side of the Contractor - by e-mail: studioradkedesign@gmail.com (or) studio@radkedesign.ru.

7.5 All notifications and messages sent by the Contractor and the Customer to each other at the abovementioned e-mail addresses are recognized as official correspondence under the Work Contract concluded between the Contractor and the Customer, and has the force of a legally significant written document. Messages emanating from the respective e-mail address shall be considered as messages emanating from the respective party under the said contract. Confirmation of acceptance of the work shall be made through the e-mail address studioradkedesign@gmail.com (or) studio@radkedesign.ru

7.6 The date of receipt of the relevant message shall be deemed to be the date of sending the message from the e-mail. The receiving party shall be responsible for the receipt of messages and notifications in the above way. The party that sent the message shall not be liable for any delay in message delivery if such delay was caused by malfunction of communication systems, action/inaction of providers or other force majeure circumstances.

Should any provision of this Agreement be invalid by operation of law, it shall be deemed deleted from this Agreement, and the remaining provisions of this Agreement shall remain in force.

7.8 By concluding the Agreement on the terms and conditions set forth in this public offer, the Contractor and the Customer guarantee that they have all the rights and powers necessary for the conclusion and proper execution of the contract do not have any claims of third parties on this subject and settle them independently in case of their occurrence in the future. The Customer confirms that he is the end user of the result of the Service.
8. Details of the executor

Radke Tamara Sergeevna,
who is a payer of the tax on
professional income
studioradkedesign@gmail.com (or) studio@radkedesign.ru
Russia, Udmurt Republic, Izhevsk
Easystaff, Mir, ЮMoney, ЮKassa, Qiwi

18+

Sergey Vladimirovich Radke, who is a payer of professional income tax, tax ID number 183114439200

Radkedesign 2024

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