This Terms of Service (Public Offer Agreement) is for the performance of works in the field of wedding video composition, information processing and posting on websites. The individual entrepreneur Padun Andrii Anatoliiovych (hereinafter referred to as the “Contractor”) offers a legal entity or an individual (hereinafter referred to as the “Customer”, and collectively referred to as the “Parties”) to enter into this Public Offer Agreement.

1. GENERAL PROVISIONS

1.1. The relationship between the Site Visitors and the Contractor shall be based on the Public Offer Agreement.

1.2. The Public Offer Agreement is a public agreement regulated by Articles 633 and 641 of the Civil Code of Ukraine.

1.3. The terms of the public agreement are equal for everyone. They are effective from their posting on the Internet via the link https://emstory.video/upload/

1.4. The Contractor shall have the right to periodically update the terms of the Public Offer Agreement at his own discretion. Such changes shall take effect from the moment of posting the changed text at https://emstory.video/upload/

1.5. By using the services of the Contractor, you accept the terms of this Agreement, and confirm that you are familiar with the Agreement and agree to its terms.

1.6. If the Customer does not agree with the terms of the Agreement, the Customer shall have no right to enter into this Agreement, and also shall have no right to use the Services of this Agreement.

2. SUBJECT MATTER OF THE AGREEMENT

2.1. This Agreement is a public agreement, which is considered concluded between the Contractor, on the one hand, and the Customer, on the other hand, from the moment of Acceptance by the latter, without exception of the terms and conditions of this Agreement and Annexes to this Agreement.

2.2. In accordance with the terms of this Agreement, the Contractor, at the request of the Customer, undertakes to perform the Works in the field of wedding video composition, information processing and posting on websites.

2.3. The specific list of the Works shall be defined in the Customer’s order, which is drawn up in the form of the Terms of Reference sent through the form on the Contractor’s website https://emstory.video

2.4. The Works shall be performed by the Contractor exclusively in accordance with the Customer’s Terms of Reference.

2.5. The Parties confirm that during the execution of this Agreement, the Contractor shall act as an independent contractor in accordance with the current civil legislation of Ukraine and in no case can be considered as an employee of the Customer or as the Customer’s agent or representative. The provisions of the labor legislation of Ukraine in connection with the execution of the Agreement shall not apply to the Contractor.

2.6. The Customer shall provide the Contractor with all the information necessary to perform the Works under this Agreement.

3. PRICE OF SERVICES (WORK) AND SETTLEMENT PROCEDURE

3.1. The total price of this Agreement shall be determined as the sum of the cost of all performed Works, namely:

– One package for editing the Wedding Project during its validity period, if, at the request of the Customer, works are being performed for composing one wedding video, processing information and posting it on websites in respect of it.

– The sums of the cost of all packages of Wedding Projects during its validity period, if, at the request of the Customer, works are being performed for composing two or more wedding videos, processing information and posting it on websites in respect of each of them. At the same time, the cost of each Wedding Project shall be determined separately, and the scheme and terms of works shall be specified in Annex No. 1, which is an integral part of this Agreement.

3.2. The price of the Works shall be determined for each Wedding Project on the Contractor’s website in the Price menu (https://emstory.video/pricing/)

3.3. The cost of the Works for each Wedding Project can be adjusted downward by 5-15% of each of the proposed packages in case the Customer refuses one or more components of the video composition scheme (color, sound, graphics editing or XML file creation). The settlements shall be made in USD (in equivalent according to the market exchange rate of USD as of the day of the settlements).

3.4. The payment for the Works shall be made by the Customer in the following order:

– an advance payment in the amount of 40% of the cost of works determined in accordance with Clause 3.2 of this Section shall be paid no later than four (4) working days after the Contractor receives the RAW material, Terms of Reference and other required information;

– the Contractor shall inform the Customer about the readiness of the project (upon prior approval by the Customer of the project), and the Customer shall pay the remaining 60% within four (4) working days;

– any additional costs incurred by the Contractor shall be compensated by the Customer only if such costs have been previously agreed upon with the Customer;

– the cost of the Works shall include the cost of intellectual property rights transferred under the Agreement;

– payments shall be made to the Contractor’s currency account specified in this Agreement or to the Payoneer account in USD.

4. THE PROCEDURE FOR PROVISION AND ACCEPTANCE OF SERVICES (WORK)

4.1. After paying the Advance Payment in the amount of 40% of the package, receiving the RAW material and the Terms of Reference, the Contractor shall proceed to its performance.

4.2. The Customer shall have the right to control the order of performance of the Works.

4.3. The Contractor shall perform the Works in strict compliance with the Terms of Reference.

4.4. The results of the performed Works shall be provided to the Customer in the form of a link to the finished video located on the file sharing site, agreed by the Parties when signing the Agreement.

– The Contractor shall provide the Customer with a finished video and working materials (project files).

– If the Contractor does not receive written comments from the Customer within four (4) working days, the Works shall be considered to have been performed properly, within the specified time and accepted by the Customer in full.

4.5. The quality of the performed Works must meet the requirements of the Customer and the Terms of Reference.

4.6. The detailed scheme of composing a video is Annex No. 1

5. RIGHTS AND OBLIGATIONS OF THE PARTIES

5.1. The Customer is obliged:

1. To provide materials necessary for the performance of the Works.
2. To make timely payment for the Works.
3. To accept the results of the Works in a timely manner.
4. To assist the Contractor in performing the Works.

5.2. The Customer shall have the right:

1. To monitor the progress and/or quality of the Works performed by the Contractor.
2. To receive from the Contractor all necessary information about the Works being performed.
3. To require the Contractor to perform corrections of good quality within a specified period.

5.3. The Contractor is obliged:

1. To perform the Works under the Agreement in a timely manner and at the appropriate level.
2. Not to use the results of the Works performed under this Agreement, that is, the finished video, for his own purposes and/or for the purposes of third parties, except as agreed with the Customer.
3. To comply with information security rules during the execution of the Agreement.
4. At the request of the Customer, to inform about the current status of the Works in the time and manner established by the Customer (by phone, via e-mail, using messenger or the Tracking option (https://emstory.video/tracking/)).

5.4. The Contractor shall have the right:

1. To request from the Customer the information necessary for the performance of the Works under the Agreement, while the Customer shall have the right to refuse the Contractor to provide such information in order to protect the confidential information of its customers and/or partners. In case of impossibility of providing services (performance of works) due to failure to provide the specified information, the Contractor must immediately notify the Customer thereof. In such a case, the term specified in this Agreement shall be suspended for the period of providing such information.
2. To demand payment for the provided Works in accordance with the terms of this Agreement.

6. FORCE MAJEURE

6.1. The Parties shall be released from liability for non-fulfillment of obligations under this Agreement, if such non-fulfillment is caused by force majeure. In this case, the established deadlines for fulfilling the obligations specified in the Agreement shall be postponed for the period during which force majeure circumstances are in force. Force majeure circumstances include: war, earthquake, flood, hurricane, fire or underwater phenomena, as well as laws, orders, other normative documents of competent state bodies or local self-government bodies, which were adopted after the signing of this Agreement and prevent the performance of this Agreement (the list is not exhaustive).

6.2. The Parties shall immediately inform each other of the occurrence of force majeure.

6.3. If force majeure circumstances are in force for more than three months, each of the Parties shall have the right to terminate this Agreement by returning all property or funds received in advance for the performance of this Agreement to the other Party until the end of its validity period. At the same time, none of the Parties shall have the right to demand compensation for possible losses from the other Party.