TERMS OF SERVICE

General provisions
This document is an official public offer of the creative agency Dweet Design, hereinafter referred to as the “Contractor”, and contains all the essential conditions for the provision of services.

I. In case of acceptance of the conditions set out below and payment of the cost of services, a legal or natural person who thus accepts this offer becomes a client of the “Contractor”, hereinafter referred to as the “Customer”.

II. This Agreement may be concluded in one of the following ways:

• Registering the “Customer” in the support center of the “Contractor” at https://support.dweet.design/ (hereinafter referred to as the “Support Center”), by the instructions published on the pages of the “Support Center”. The “Customer” is responsible for the accuracy of the specified information when registering in the “Support Center”;
• By the payment made by the “Customer” of the amount of money, the amount of which was sent by the “Contractor” to the “Customer” email address, or in the Ticket system of the “Contractor”.
• Confirmation of the consent of the “Customer” with the offer in the application form on the website https://dweet.design/ through the Services category.

III. By agreeing, the “Customer” confirms that he is fully acquainted with and agrees with its terms, and also if the “Customer” is an individual, he permits the “Contractor” to process his personal data to be able to fulfill the terms of this agreement, the possibility of mutual settlements, as well as to obtain related files and documents necessary for the performance of services. The permission to process personal data is valid for the entire duration of the contract, as well as for the next five years after its expiration. Direction by the “Customer” to the “Contractor” of a ban on the use of personal data of the “Customer” is the basis for termination of the contract and is performed based on the application of the “Customer” sent to the email address of the “Contractor”. In this case, the contract is terminated from the date specified in the response notice of the “Contractor” sent to the “Customer” email address. In addition, by concluding this agreement, the “Customer” confirms that he has been notified (without additional notice) of the purposes of collecting the personal data of the “Customer”, as well as that his personal data will be added to the database of the Dweet Design creative agency to be able to perform the terms of this agreement, the possibility of mutual settlements, as well as to receive files and other documents necessary for the performance of services. The “Customer” also agrees that the “Contractor” has the right to provide access and transfer his personal data to third parties without any additional notices to the “Customer”, without changing the purpose of processing the personal data of the “Customer” (for example, when registering a domain name).
At the same time, the “Contractor” and “Customer” agreed that the fact that the “Customer” disseminated personal data of the employees of the working group on the “Customer” project is the basis for the termination of the contract by the “Contractor” unilaterally.

IV. When fulfilling the provisions of this offer and resolving possible disputes, “Contractor” and “Customer” undertake to be guided by the current legislation of the United Kingdom or the European Union, depending on the location of the office of the working group on the “Customer” project.

Terms and definitions
Terms of Service – this document (agreement) is posted on the Internet at: https://dweet.design/terms-of-service/. By the terms of this agreement, the words “Terms of Service” and “Agreement” are equivalent.

Acceptance – full and unconditional acceptance of the offer by carrying out any of the actions specified in clauses 3.1, 3.2, or 3.3 of the “General provisions” section of this agreement.

Contractor – is the creative agency Dweet Design, which has placed Terms of Service on the Internet at: https://dweet.design/terms-of-service/.

Customer – a legal or natural person who has agreed using acceptance, to the terms contained in the offer.

Terms of Reference (TOR) – a document created by the “Contractor” based on the form filled in by the “Customer” posted on the website https://dweet.design/, by the requirements of the “Customer”, describing:

• Project objective (project goal);
• Design requirements (Brief) or technological requirements (Terms of Reference);
• The list of Information materials, documents, and other information required by the “Contractor” for the proper performance of obligations under the contract, the amount of such information and such information, the procedure and terms for their provision;
• The format for providing the results of work (services);
• Other data, depending on the specifics of a particular work (service), which the “Contractor” and “Customer” deem necessary to indicate.

Information materials – text and/or graphic and/or audio and/or video and/or photographic materials and/or other materials and/or explanations, documents, and other information posted on various media (electronic, paper, etc.), necessary for the “Contractor” to perform services under the relevant contract. Information materials are provided by the “Customer” in full and their absence hinders the services of the “Contractor”.

Services – the result of the work performed, presented by the “Contractor” to the “Customer” for acceptance and approval.

Ticket system – an electronic communication system posted on the website https://support.dweet.design/ticket-system/ and used by the “Contractor” and “Customer” to interact to fulfill this agreement.

Email/Email address – a technology and service for sending and receiving electronic messages (called “letters”, “emails” or “messages”) between the “Contractor” and “Customer” (including on the Internet).

The agreement may use other terms not defined in this section of the agreement, in which case the interpretation of other terms used in the agreement is carried out by the “Contractor” and “Customer”, primarily by the meaning given to the relevant terms in the legal and/or regulatory acts.

1. Contract, procedure, and terms for performing services
1.1 The subject of the contract is the provision of services and/or performance of works related to the creation and support of Internet sites, design, illustrations, as well as other types of services and/or works determined by the “Contractor” and “Customer” in the Terms of Reference.
1.2 The “Contractor” starts performing services under the relevant contract (date of commencement of work) after the acceptance of the contract by the “Customer” within the time period agreed by the “Contractor” and “Customer” in the Terms of Reference. The term for the performance of services is automatically suspended if the “Customer” does not receive an advance payment in full, agreed by the “Contractor” and “Customer” in the Terms of Reference.
1.3 Services of the “Contractor” are performed (provided) within the terms agreed by the “Contractor” and “Customer” clarifications, documents, and other information, while the time required for the “Customer” to accept the services, the time required by the “Customer” to pay for services, as well as the time required by the “Customer” to provide Information materials. In the event of a delay in the provision of Information materials to the “Contractor”, the terms for the performance of services are automatically increased by the corresponding number of days of delay in the provision of Information materials to the “Contractor”. The “Contractor” has the right to terminate the contract unilaterally if the “Customer” does not provide the “Contractor” with Information Materials within 30 (thirty) calendar days from the date the “Contractor” sends the “Customer” a relevant request for the provision of Information Materials necessary for the performance of services. The “Contractor” and “Customer” have the right to agree in the Terms of Reference intermediate terms for the delivery and acceptance of services within the total period for the performance of services, which will be mandatory for the “Contractor”.

2. Rights and obligations
2.1 “Contractor” is obliged:
2.1.1 Create a working group on the project “Customer”;
2.1.2 Appoint the project curator of the “Customer”;
2.1.3 Qualitatively and within the terms agreed by the “Contractor” and “Customer” to perform the services stipulated by the contract;
2.1.4 At the request of the “Customer”, inform the “Customer” about the progress of services.
2.1.5 Transfer to the “Customer” the result of services.
2.2 “Customer” is obliged:
2.2.1 Timely, within the terms provided for in section 3 of this agreement, pay in full the cost of services of the “Contractor”;
1.2.2 Timely provide the “Contractor” with the Information materials necessary for the “Contractor” to properly fulfill obligations under the contract; the list of such documents and materials, the scope of such information and such information, the procedure and term for their provision are agreed by the “Contractor” and “Customer” clarifications, documents and other information when setting the deadlines for the performance of services;
2.2.3 Appoint responsible persons (employees, representatives) from the side of the “Customer” for coordination of work and operational interaction with the “Contractor” in the performance of services;
2.2.4 To carry out timely acceptance of the services, including the scope of services transferred by the “Contractor” to the “Customer” at the intermediate deadlines for the delivery and acceptance of services, if such is agreed by the “Contractor” and “Customer” in the Terms of Reference;
2.2.5 Arrange and pay for the travel and accommodation of employees and/or representatives of the “Contractor” for meetings with the “Customer”, if, at the initiative of the “Customer”, a personal meeting with the working group of the “Contractor” is scheduled on the territory located outside the location of the offices of the “Contractor”, whose addresses are posted on the website https://dweet.design/.

3. Cost of services, payments
3.1 The cost of services, as well as the procedure and terms of payment for the cost of services, are indicated in the response message sent by the “Contractor” to the “Customer” email address.
3.2 The day of payment for the cost of services is the date of receipt of funds according to the details specified by the “Contractor” in the response message sent by the “Contractor” to the “Customer’s” email address.
3.3 The advance payment paid by the “Customer” is non-refundable. At the same time, the “Contractor” undertakes to transfer to the “Customer” the Result of the work performed in an amount equal to the value of the advance payment received by the “Contractor” from the “Customer”. The result of the services performed by the “Contractor” is sent to the “Customer” email address.
3.4 If the “Customer” does not approve any of the options provided by the “Contractor” of the Result of services, including the scope of services transferred by the “Contractor” to the “Customer” in the intermediate terms of delivery and acceptance of services if such is agreed by the “Contractor” and “Customer” in the Terms of Reference, within the period agreed by the “Contractor” and “Customer” in clause 4.1.2 of this agreement, the advance payment to the “Customer” is not returned and is considered equal to the cost of the result of the services performed by the “Contractor” sent by the “Contractor” to the “Customer” email address.

4. Provision of services
4.1 Delivery of the Result of services under the contract is carried out by the “Contractor” within the terms established by the contract in the following order:
4.1.1 The result of services is provided to the “Customer” for approval by sending it to the “Customer’s” email address.
4.1.2 Acceptance of the Result of services under the contract is made by the “Customer” within 3 (three) calendar days from the date of its sending by the “Contractor” to the “Customer” email address by sending a response message to the “Contractor” email address with approval the result of services. If the “Customer” detects deficiencies in the result of services provided by the “Contractor”, the “Customer” undertakes to send a reasoned refusal to accept the result of services with a list of identified deficiencies and an indication of the requirements imposed by the “Customer” to the email address of the “Contractor”. ” to the corrections that will need to be made by the “Contractor” to the result of services to ensure its proper quality.
4.1.3 The “Customer’s” reasoned refusal to accept the result of services must contain a list of inconsistencies between the result of services and the terms of the contract and Terms of Reference.
4.1.4 If the “Customer” does not send a reasoned refusal to accept the result of services to the “Contractor” email address after the expiration of the period agreed by the “Contractor” and “Customer” in clause 4.1.2. of this agreement, the result of services is considered to be performed by the “Contractor” in full, accepted by the “Customer” without comments, and payable.
4.1.5 In the event that the “Customer” sends a reasoned refusal to accept the result of services drawn up in accordance with the terms of this agreement by the “Customer” to the email address of the “Contractor”, within the terms additionally agreed by the “Contractor” and “Customer”, the “Contractor” eliminates the shortcomings identified by the “Customer” “in the result of services, to ensure its proper quality in accordance with the list of comments specified in the reasoned refusal of the “Customer” to accept the result of services.
4.2 Hereby, and in order to speed up the workflow under the contract, the “Contractor” and “Customer” confirm the right of the “Contractor” to provide the result of services by sending a corresponding message in the electronic form to the “Customer” email address.
4.3 At the same time, the “Contractor” and “Customer” confirm that the fact that the “Contractor” sends written messages to the “Customer” email address is equal to confirmation of the readiness of the result of services as if it had been sent by the “Contractor” in the manner provided for in clause 4.1 of this contracts. At the same time, the terms for the acceptance of the result of services correspond to the terms provided for in clause 4.2 of the agreement.
4.4 “Contractor” and “Customer” have agreed that if the “Contractor” and “Customer” agree in the Terms of Reference of the intermediate deadlines for the delivery and acceptance of services, the terms and conditions agreed upon “Contractor” and “Customer” in this section of the Agreement.

5. Copyrights
5.1 The scope and procedure for granting the “Customer” rights to the objects of copyright and related rights created under the contract are indicated in the corresponding email of the “Contractor” sent to the email address of the “Customer”.
5.2 The “Customer” grants the “Contractor” free of charge, solely for informational and non-commercial purposes, the right to announce the result of services by reproducing and making available to the public, on its official websites or specialized professional communities, Internet resources, social networks without restrictions on the territory and terms, as well as the right to indicate the name or other means of individualization of the “Customer” in the official lists of organizations for which the “Contractor” is a contractor and in order to carry out the above announcement. The “Contractor” has the right to provide similar consents for authors – individuals who are the creators of the result of services transferred to the “Customer”.

6. Warranty obligations and liability
6.1 For violation of obligations under the agreement, the “Contractor” and “Customer” are liable based on the current legislation of the country in whose territory the services are performed.
6.2 None of the “Contractor” and “Customer” shall be liable for full or partial failure to fulfill their obligations under the agreement, if the failure is the result of force majeure circumstances that arose for the “Contractor” and “Customer” after the conclusion of the agreement and are independent of the will of the “Contractor” and “Customer”, such as flooding, fire, earthquake, pandemic, and other natural disasters, war or hostilities, actions of government agencies.
6.3 If such circumstances directly affected the fulfillment of obligations within the period agreed by the “Contractor” and “Customer” in the terms of this agreement, then this period is proportionally postponed for the period of the relevant circumstances.
6.4 “Contractor” and “Customer”, which, due to force majeure circumstances, cannot fulfill their obligations under this agreement, are obliged not later than 15 (fifteen) days from the occurrence of such circumstances in an email to notify the other “Contractor” and “Customer” about this, as well as about expected duration and termination of force majeure circumstances.
6.5 Failure to notify or untimely notification deprives the relevant “Contractor” and “Customer” of the right to refer to force majeure circumstances as a basis exempting from liability for failure to fulfill obligations under the contract. Certificates of authorized state bodies will serve as proper evidence.
6.6 If these circumstances continue for more than two months, any of the “Contractor” and “Customer” has the right to terminate this agreement in whole or in part with a refund of the funds received under the agreement. Losses arising as a result of such circumstances are not reimbursed.
6.7 “Contractor” and “Customer” have agreed that in the case of calculation of interest, the calculation will be carried out at a rate of 0.1% (zero point one percent) of the value of the defaulted obligation by the guilty “Contractor” and “Customer” for each day of delay.
6.8 In case of violation by the “Contractor” of the deadlines for the performance of services, the “Customer” has the right to recover from the “Contractor” a penalty in the amount of 0.1% of the cost of untimely performed services, in respect of which a delay in performance was allowed, for each day of delay.
6.9 In case of violation by the “Customer” of the terms of acceptance of services under the contract, the “Contractor” has the right to recover from the “Customer” a penalty in the amount of 0.1% (zero point one percent) of the cost of untimely accepted services for each day of delay in acceptance of services.
6.10 In case of delay by the “Customer” in payment for the cost of services under the contract and/or failure to fulfill the obligation of the “Customer” to provide Information materials on time, as well as in other cases when the performance of work under the contract is suspended due to the fault of the “Customer”, “Contractor” has the right to collect from the “Customer” a fine for the downtime of the working group on the project of the “Customer”, the amount of which is the number of working hours of downtime multiplied by the cost of one hour, for each hour of downtime of the working group on the project of the “Customer”. The fine established by this clause of the agreement is accrued and paid only after the “Contractor” sends the “Contractor” claim to the “Customer” email address about the application of a penalty for the downtime of the working group on the “Customer” project. The cost of one hour of the working group on the project of the “Customer” is agreed upon by the “Contractor” and “Customer” in the Terms of Reference.
6.11 The “Contractor” has the right not to apply penalties to the “Customer” and terminate this agreement unilaterally by sending the appropriate written notice to the “Customer” email address.
6.12 Guarantees do not apply to the completed services for the creation of any website and/or online store if their administration and maintenance after the transfer of the result of services to the “Customer” are carried out by the “Customer” or third parties.

7. Validity and termination of the contract
7.1. The Agreement is concluded for a period agreed by the “Contractor” and “Customer” in the Terms of Reference.
7.2. “Contractor” and “Customer” agree that in the event of termination of the agreement for any reason, clause 8.1 of this agreement will continue to operate as a separate agreement between the “Customer” and the “Contractor”, concluded on the day the agreement was concluded and separated from the text of the agreement and that the effect of these agreements privacy policy will continue indefinitely.
7.3. Early termination of the contract is possible by agreement of the “Contractor” and “Customer” or on the grounds provided for by the contract.
7.4. If it is not possible to resolve issues through negotiations, such disputes will be referred to the court of the United Kingdom or the European Union, depending on the location of the office of the working group on the “Customer” project.
7.5. Compliance by the “Contractor” and “Customer” with the pre-trial claim procedure for regulating the dispute is mandatory. The term for responding to a claim is 15 (fifteen) calendar days from the date of its receipt at the email address of the “Contractor” and “Customer”.

8. Other conditions
8.1. The “Contractor” and “Customer” recognize any information relating to the conclusion and content of this agreement, including any annexes and additions to it, as a commercial secret and undertake to strictly maintain the confidential nature of such information, not disclosing it to third parties without the prior written consent of the other “Contractor” and “Customer”, for except when necessary for the purposes of the contract or for disclosure to the relevant government authorities in cases specified by law. This provision does not apply to the generally known or publicly available information.
8.2. Any notifications, requests, or other messages (hereinafter referred to as the Correspondence) submitted by the “Contractor” and “Customer” to each other must be executed and sent to the receiving “Contractor” and “Customer” at its email address or using the Ticket System – at the option of the “Contractor” and “Customer” – the sender of the Correspondence. The date of receipt of the Correspondence is the day of its sending to the email address of the “Contractor” and “Customer” or the day of receipt of the notification in the Ticket system. If the “Contractor” and “Customer” evades receiving the Correspondence, the latter is considered delivered after 5 (five) days from the moment it was sent to the “Contractor” and “Customer” email address or in the Ticket system. When executing this agreement, the correspondence of the “Contractor” and “Customer” at the email addresses of the “Contractor” and “Customer” and in the Ticket system is recognized by the “Contractor” and “Customer” as mandatory and subject to execution by both “Contractor” and “Customer” of this agreement. When considering disputes in court, the correspondence of the “Contractor” and “Customer” at the email addresses of the “Contractor” and “Customer” and in the Ticket system is recognized by the “Contractor” and “Customer” as appropriate evidence.
8.3. The “Contractor” and “Customer” have secured that, as part of the execution of the terms of this agreement, electronic document management is used using the email addresses of the “Contractor” and “Customer” and the Ticket system.
8.4. When changing the legal status, address, contacts, and details, the “Contractor” and “Customer” that has such changes are obliged to notify the other “Contractor” and “Customer” within 5 (five) calendar days from the date of such a change to the “Contractor” and “Customer” email address. Until such notification is received, all transactions made using the previous details are considered to be executed in the proper manner.
8.5. From the date of entry into force of this agreement, any agreements on the subject of the agreement or similar to it (including the correspondence on its subject prior to the conclusion of this agreement) that take place between the “Contractor” and “Customer” shall terminate.
8.6. The legal relations of the “Contractor” and “Customer” under the contract are determined and regulated in accordance with the current legislation of the United Kingdom or the European Union, depending on the location of the office of the working group on the project of the “Customer”.
8.7 The “Contractor” and “Customer” have agreed that the Correspondence sent by the “Contractor” and “Customer” using the Ticket System posted on the website at https://support.dweet.design/ticket-system/ is considered verified and has priority over with Correspondence sent by the “Contractor” and “Customer” to the email addresses of the “Contractor” and “Customer”.
8.8 If the “Customer” needs to make changes to the Terms of Reference previously agreed by the “Contractor” and “Customer”, the “Customer” undertakes to fill out a new form posted on the website https://dweet.design/, after which the “Contractor” draws up a new (additional, corrective) Terms of Reference. This procedure for making changes to the Terms of Reference previously agreed upon by the “Contractor” and “Customer” is mandatory. Each new (additional and/or corrective) Terms of Reference is regarded by the “Contractor” and “Customer” as a separate contract and is paid by the “Customer” separately in the manner and on the terms agreed by the “Contractor” and “Customer” in the relevant Terms of Reference. At the same time, the “Contractor” and “Customer” understand and fully agree that the result of services created by the “Contractor” on several Terms of Reference, including additional and/or corrective Terms of Reference previously agreed by the “Contractor” and “Customer” / Terms of Reference, maybe a single one, including all additions and/or adjustments of the “Customer” declared by the latter during the period of performance of services by the “Contractor” according to the initial Terms of Reference agreed by the “Contractor” and “Customer”.
If the adjustments of the “Customer” do not go beyond the Terms of Reference previously agreed by the “Contractor” and “Customer”, the “Contractor” and “Customer” by mutual agreement have the right to perform services without signing an additional Terms of Reference.
8.9 Employees of the working group on the project of the “Customer” respond to the Correspondence only during the working hours of the office of the working group on the project of the “Customer”, which is indicated on the website https://dweet.design/contact/. Urgent Correspondence can be considered by the “Contractor” at any time, provided that it is created in the Ticket system at https://support.dweet.design/ticket-system/.