Public Offer

1. Preamble

This document is a public offer (publichna oferta) by Borys Kharchenko, an Individual Entrepreneur (FOP) registered in Ukraine (the "Contractor"), addressed to any individual or legal entity (the "Customer") wishing to receive the Services described below.

The offer is governed by Articles 633, 641, 642, and 644 of the Civil Code of Ukraine. By accepting this offer the Customer enters into a legally binding agreement with the Contractor on the terms set out below (the "Agreement").

2. Definitions

Contractor — Borys Kharchenko, Individual Entrepreneur, providing the Services under this Agreement.

Customer — any individual or legal entity that has accepted this offer in the manner specified in Section 4.

Services — the digital product services described in Section 3.

Website — kharchenko.work, owned and operated by the Contractor.

Acceptance — the action by the Customer, described in Section 4, that concludes the Agreement.

Brief / SoW — a separate document (Statement of Work, project brief, invoice description, or email confirmation) agreed between the parties that specifies the scope, deliverables, timeline, and price of a particular project.

3. Subject of the Agreement

The Contractor undertakes to provide the Customer with digital product services, and the Customer undertakes to accept and pay for them on the terms of this Agreement.

The Services include, but are not limited to:

— product, UI/UX, and web design;

— turnkey websites and web applications (design, development, and deployment);

— Telegram bots, including bots integrated with payment systems;

— code prototypes, MVPs, and technical prototypes;

— design systems and component libraries;

— design and product consulting;

— any other digital product work agreed between the parties in a separate Brief or SoW.

The exact scope, deliverables, timeline, and price for each specific engagement are agreed in the Brief or SoW.

4. Acceptance

The Agreement is concluded at the moment the Customer makes payment (full or partial) of an invoice issued by the Contractor for the Services. Such payment constitutes full and unconditional acceptance of this offer.

Acceptance by payment is treated as written confirmation of the Customer’s consent to all terms of this Agreement, the corresponding Brief or SoW, and these Requisites.

5. Price and Payment

The price of the Services, the currency of settlement, the prepayment percentage, and the payment schedule are determined individually for each project in the invoice or SoW agreed between the parties.

This offer fixes only the following payment terms:

— the Contractor accepts payments by bank transfer, Plata by mono, and LiqPay;

— bank fees, payment-processor fees, and currency conversion costs are borne by the Customer;

— the obligation to pay is considered fulfilled at the moment funds are credited to the Contractor’s bank account.

6. Timeline

Specific deadlines for each project are agreed in the invoice or SoW.

The Contractor is not liable for delays caused by the Customer (including delayed feedback, missing source materials, or scope changes) or by force majeure circumstances described in Section 12. In such cases, deadlines are extended for the duration of the delay.

7. Rights and Obligations

The Contractor undertakes to: (a) deliver the Services in good faith and to a professional standard; (b) keep the Customer informed of progress at agreed milestones; (c) deliver source files together with the final deliverables; (d) keep confidential any non-public information of the Customer in accordance with Section 11.

The Customer undertakes to: (a) provide a clear Brief and all materials required for the Services; (b) provide timely feedback within the agreed review windows; (c) pay invoices on time; (d) not use the deliverables in violation of applicable law.

8. Refunds

The Services are individually produced for the Customer (the Services are individually customised). Under Article 18 of the Law of Ukraine "On the Protection of Consumer Rights", the Customer’s right to refuse and demand a refund of an individually-produced service is limited to the unrendered portion of the Services.

Refunds for work already performed or in progress are made only by mutual written agreement of the parties and are reduced proportionally to reflect the volume of work already completed. Refunds for non-recoverable third-party costs (paid licenses, fonts, plugins, server costs) are not provided.

9. Liability

The Contractor’s total cumulative liability under or in connection with the Agreement is capped at the amount actually paid by the Customer for the disputed Services.

The Contractor is not liable for indirect, incidental, consequential, or punitive damages, including lost profits, lost revenue, business interruption, loss of data, or loss of goodwill.

10. Intellectual Property

All intellectual property rights in the deliverables remain the property of the Contractor until the Customer has paid the full agreed price.

Upon full payment, exclusive economic intellectual property rights in the deliverables transfer to the Customer in accordance with the Law of Ukraine "On Copyright and Related Rights". The Contractor retains moral rights and the right to display the deliverables as part of the Contractor’s portfolio (on the Website, social media, and case studies) unless otherwise agreed in writing.

11. Confidentiality

Each party undertakes to keep confidential any non-public information obtained from the other party in connection with the Agreement for a period of three (3) years after the Agreement ends.

This obligation does not apply to information that (a) is or becomes publicly known through no fault of the receiving party, (b) was already known to the receiving party at the time of disclosure, or (c) is required to be disclosed by law or competent authority.

12. Force Majeure

Neither party is liable for failure to perform obligations under the Agreement caused by events beyond reasonable control, including but not limited to: war, martial law, mobilisation, military operations, terrorist acts, fire, flood, earthquake, epidemic, governmental restrictions, blackouts, communication failures, and internet or hosting outages.

Force majeure circumstances are confirmed by a certificate of the Chamber of Commerce and Industry of Ukraine where applicable. The affected party must notify the other party of the force majeure event in writing without undue delay.

13. Dispute Resolution

The parties undertake to resolve any dispute by negotiation in good faith. Unresolved disputes are subject to the jurisdiction of the courts of Ukraine in accordance with the Civil Procedure Code of Ukraine.

14. Final Provisions

The Agreement enters into force at the moment of Acceptance and remains in force until the parties have fully performed their obligations.

The Contractor may amend this public offer at any time. The amended version takes effect upon publication on the Website. Agreements concluded before publication of the amendment continue to be governed by the prior version, unless the parties agree otherwise in writing.

All amendments to the individual project terms (Brief, SoW, invoice) are made by written agreement of the parties, including email correspondence.

Contractor Requisites

Full name

Borys Kharchenko, Individual Entrepreneur (FOP)

Tax ID (RNOKPP)

[RNOKPP classified]

KVED codes

74.10, 62.09, 63.11, 63.99

Bank

[bank classified]

IBAN

[IBAN classified]

Email

[email protected]

Address

[City, Ukraine]

Last updated: 2026-05-19