Service Center Maister.Pro

Public Offer Agreement for Services

Оновлено: December 15, 2024

Terms and Conditions for Services

This document is an Official Offer from the service center Maister.Pro represented by Individual Entrepreneur Iskrych Oleksandr Ivanovych (hereinafter — the Contractor), addressed to an unlimited number of persons, to conclude an Agreement on the terms of a Public Offer (in accordance with Articles 633, 641 and Chapter 63 of the Civil Code of Ukraine) for the provision of services on the following terms (hereinafter — the Agreement).

In accordance with Articles 641, 642 of the Civil Code of Ukraine, upon acceptance of the terms set forth below, the individual who accepts this offer becomes the Customer, and the Contractor and Customer together — the Parties to this agreement. The Agreement has legal force in accordance with the Civil Code of Ukraine and is equivalent to an agreement signed by the parties.

In connection with the above, please carefully read the text of this public offer and familiarize yourself with the terms of service. If you do not agree with any point of the offer, the Contractor suggests that you refrain from using the services.

1. TERMS USED IN THE AGREEMENT

1.1. Public Offer — the Contractor's proposal (posted on the Contractor's Website), addressed to an indefinite number of individuals to conclude this Agreement on certain terms.

1.2. Contractor's Website — the website on the Internet at Maister.Pro, which is the source of information for the Customer.

1.3. Acceptance — full, unconditional and unqualified acceptance by the Customer of the terms of the Public Offer, this Agreement and the rules for providing services. Acceptance may be made by one of the methods provided for in clause 5 of this Agreement.

1.4. Customer — an individual who has accepted the Public Offer of the Contractor set forth in this Agreement.

1.5. Device — an item provided to the Contractor by the Customer for repair.

1.6. Declared Malfunction — a malfunction of the Device declared by the Customer.

1.7. Diagnostics — identification of the causes of the Declared Malfunction.

1.8. Repair — elimination of the Declared Malfunction.

1.9. Warranty Repair — free repair of the Device in case of repeated occurrence of the Declared Malfunction.

1.10. Warranty Period — the period specified in the acceptance certificate of completed works, during which Warranty Repair may be performed. Each completed work and installed part has its own individual warranty period.

1.11. Carrier — Nova Poshta LLC, which is a forwarder and provides delivery services for the Device between the Customer and the Contractor.

2. SUBJECT OF THE AGREEMENT

2.1. This agreement is a public agreement (hereinafter referred to as the Agreement), which is considered concluded between the Contractor, on one hand, and the Customer, on the other, from the moment of Acceptance of all without exception terms and provisions of this Agreement, as well as appendices to it.

2.2. The Customer provides the Contractor with the Device and reliable information necessary to identify the Customer and determine the causes of the Declared Malfunction.

2.3. The Contractor performs Diagnostics of the Device, informing the Customer by telephone or email or other means agreed verbally with the customer, about the cause of the malfunction and the preliminary cost of its elimination.

2.4. Upon receiving the Customer's consent to perform Repair of the Device, the Contractor performs repair work necessary to eliminate the Declared Malfunction, if possible.

2.5. The Customer undertakes within 30 days from the completion of Repair, about which the Contractor undertakes to notify the Customer by phone, email or SMS notification, to accept and pay for the service according to the acceptance certificate, which is an integral part of this agreement.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. The Customer has the right to:

3.1.1. Use the services of the Contractor under the terms of this Agreement.

3.1.2. Timely receive necessary information from the Contractor on the results of diagnostics and repair.

3.1.3. Receive from the Contractor an acceptance certificate with a report on completed repair work and installed components.

3.1.4. Demand from the Contractor the performance of Warranty Repair in case the Declared Malfunction was not eliminated or reappeared during the Warranty Period.

3.1.5. Demand full or partial refund in case the Contractor did not eliminate the Declared Malfunction or it appeared during the Warranty Period, as described on the Contractor's Website.

3.1.6. Refuse the services of the Contractor by paying the cost of diagnostics as described on the Contractor's Website.

3.2. The Customer undertakes to:

3.2.1. Provide complete and reliable information necessary to identify the Customer and determine the causes of the Declared Malfunction.

3.2.2. Not violate the requirements of the Agreement and current legislation.

3.2.3. Accept and pay for services provided by the Contractor in accordance with the terms of the Agreement.

3.2.4. Pay the cost of Diagnostics as described on the Contractor's Website in case of refusal from the Contractor's services.

3.3. The Contractor has the right to:

3.3.1. Engage third parties to provide services to the Customer who have the necessary qualifications to provide a specific type of service.

3.3.2. Use the information provided by the Customer to fulfill the terms of this Agreement.

3.3.3. Refuse to provide services to the Customer and terminate the Agreement unilaterally if the Contractor cannot provide the necessary service in full.

3.3.4. Temporarily suspend the provision of services to the Customer under the Agreement for technical, technological or other reasons that prevent the provision of services, for the duration of elimination of such reasons.

3.3.5. Dispose of the device if the Customer does not pay for services within 30 days according to the acceptance certificate.

3.3.6. The Customer agrees to storage terms of no more than 2 weeks from the moment of order status change and SMS notification. After two weeks, the storage fee is 20 UAH/day. The maximum storage period is 1 month according to clause 3.3.5 of the public agreement.

3.4. The Contractor undertakes to:

3.4.1. Ensure that the Customer can receive quality services in accordance with this Agreement.

3.4.2. Provide services to the Customer taking into account the provisions of the Law of Ukraine "On Protection of Personal Data".

4. COST AND PAYMENT FOR SERVICES

4.1. General Principles

4.1.1. The cost of services provided by the Contractor to the Customer is determined in the national currency of Ukraine and is indicated on the Contractor's Website.

4.1.2. The price of services is determined by the Contractor after performing Diagnostics and cannot be changed after notifying the Customer without agreement with them.

4.1.3. Upon Acceptance by the Customer of the terms of this Agreement, the Customer agrees to the price of the service indicated on the Contractor's Website.

4.2. Payment for Services

4.2.1. Payment for the Service may be made by one of the following methods at the Customer's choice:

4.2.1.1. Cash or bank card at one of the service center branches indicated on the Contractor's website.

4.2.1.2. Cash or bank card at one of the Carrier's branches, if Acceptance of the Agreement was made by sending the Device by the Customer through the Carrier.

4.3. The Customer can receive the Device only after 100% (one hundred percent) payment for the Contractor's services.

4.4. After payment, the Contractor undertakes to provide the customer with an acceptance certificate with a report on completed work and installed components with the service center stamp.

5. ACCEPTANCE OF THE OFFER

5.1. Acceptance of the offer creates an Agreement between the Contractor and the Customer.

5.2. By accepting this Offer Agreement, the Customer thereby on their own behalf expresses their agreement that these terms do not infringe their legal rights.

5.3. By accepting this Offer Agreement, the Customer accepts the terms of the Agreement in full without the possibility of making any changes to them.

5.4. By accepting this Offer Agreement, the Customer accepts the terms of Device Repair indicated on the Contractor's Website, which are an integral part of this Agreement.

5.5. By accepting this Offer Agreement, the Customer accepts the warranty service terms indicated on the Contractor's Website, which are an integral part of this Agreement.

5.6. Acceptance of the offer is made by the Customer by performing one of the following actions:

5.6.1. Customer's agreement with the terms and rules of service provision by signing the acceptance certificate; when registering the device at one of the service center branches indicated on the Contractor's website.

6. LIABILITY OF THE PARTIES

6.1. The parties bear responsibility provided for by the current legislation of Ukraine.

6.2. The parties shall not be liable for breach of their obligations under this Agreement if it occurred through no fault of their own. A party is considered innocent if it proves that it has taken all measures within its power to properly fulfill the obligation.

6.3. The parties shall not be liable to each other for indirect damages (including lost profits).

6.4. The total liability of the Contractor under the Agreement is limited to the amount of payment paid to the Contractor by the Customer under the Agreement.

6.5. Without contradicting the above, neither Party shall be liable for breach of the terms of the Agreement if such breach is caused by force majeure circumstances, including: actions of government bodies (including adoption of legal acts), fire, flood, earthquake, other natural disasters, lack of electricity and/or failures of computer network operation, strikes, civil unrest, riots, any other circumstances, not limited to the above, which may affect the performance of the Agreement by the Contractor.

7. LIMITATION OF CONTRACTOR'S LIABILITY

7.1. The Contractor is not responsible for the Customer's personal data.

7.2. The parties understand and acknowledge that non-conformity of the result of providing a particular service with the results that the Customer expected and wanted to receive when applying for the provision of the relevant service, in itself is not a fact of providing such service of inadequate quality.

7.3. The Contractor may bear material responsibility in the amount of the payment made and exclusively in case the Declared Malfunction was not eliminated or appeared during the warranty period.

7.4. The Contractor is not responsible for temporary suspension in the provision of services caused by technical failures in the operation of equipment, software and/or operation of communication providers. At the same time, the Contractor undertakes to take reasonable measures to prevent such failures.

8. FINAL PROVISIONS

8.1. This Agreement is governed by the current legislation of Ukraine regardless of where the Customer is located.

8.2. The Contractor maintains confidentiality of data and information received from the Customer during the conclusion of the Agreement or during its execution and may distribute them exclusively in the manner and cases directly provided for by the current legislation of Ukraine and/or the Agreement.

8.3. The Contractor has the right, and the Customer provides unconditional consent to the storage and processing, including automated, of any information relating to the Customer's personal data for the purpose related to the execution of this Agreement and the consequences of its execution or non-execution. The Customer provides the Contractor with their consent to the processing of all their personal data without limitation of storage period and processing period of personal data.

9. OTHER CONDITIONS

9.1. The Contractor reserves the right at any time to unilaterally make changes to this Agreement.

9.2. All changes to this Agreement are published on the Contractor's Website.

9.3. All changes to this Agreement come into force from the moment of their publication on the Contractor's Website.

9.4. All Appendices to the Agreement are its integral parts of this Agreement and are mandatory for their execution and compliance.

10. DISPUTE RESOLUTION PROCEDURE AND APPLICABLE LAW

10.1. All disputes that may arise in the process of providing services by the Contractor, in connection with the acceptance, execution and/or violation of the provisions of this Agreement and all appendices to them are settled through negotiations of the Parties.

10.2. All claims related to the execution of this Agreement are accepted by the Contractor in any form convenient for the Customer.

10.3. In case of non-receipt of a claim from the Customer during the Warranty Period, the Contractor's obligations are considered duly fulfilled.

10.4. The relations of the parties arising from the acceptance and execution of this Agreement and all appendices to it are governed by the current rules and provisions of the legislation of the country of location of the Contractor.


Contractor Details:

Individual Entrepreneur Iskrych Oleksandr Ivanovych
Address: Kharkiv, Sumska St., 124
Phone: +380 50 888 47 21
Email: mymasterkh@gmail.com
Website: maister.pro