OFFER AGREEMENT for the provision of services for the development, configuration, and support of the "Bimp" system
This document, referred to as the "Offer Agreement", is an official public offer of LLC "BIMP" , EDRPOU code 42475809 (hereinafter referred to as the "Developer" or "Contractor"), to provide services for the development, configuration, and support of the "Bimp" system (hereinafter referred to as the "System") to individuals and legal entities (hereinafter referred to as the "Client" or "Customer").
This Agreement is concluded in accordance with Articles 633, 641, 642 of the Civil Code of Ukraine and the Law of Ukraine "On Electronic Commerce".
1. Terms and Definitions
1.1. "Bimp" System — a software platform for automating business processes, including inventory management, stock control, procurement optimization, and other functions, depending on the Customer's needs.
1.2. Public Offer — the Contractor's proposal to conclude an agreement on the terms specified in this document, addressed to an unlimited circle of persons.
1.3. Cloud Hosting — a service for hosting and supporting the "Bimp" system on the Contractor's servers to ensure access for the Customer.
1.4. Acceptance — full and unconditional acceptance by the Customer of the terms of this Agreement by paying for the Contractor's services.
1.5. Terms of Reference (TOR) — a document agreed upon with the Customer describing the requirements for functionality, integrations, deadlines, and other characteristics of the project.
2. General Provisions
2.1. The Agreement is a public accession agreement in accordance with Article 634 of the Civil Code of Ukraine.
2.2. The terms of this Agreement are identical for all Customers.
2.3. The Agreement is considered concluded from the moment of acceptance.
2.4. The Contractor provides services exclusively on the terms of this Agreement.
3. Subject of the Agreement
3.1. The Customer commissions, and the Contractor undertakes to perform services for the development, configuration, integration, and support of the "Bimp" system in accordance with the technical specifications.
3.2. Within the framework of this Agreement, the Contractor may develop additional modules, tools, or integrations upon agreement with the Customer.
4. Services
4.1. The Contractor provides the following services to the Customer:
- Configuration of modules for business process automation.
- Integration of the "Bimp" system with other systems.
- Development of additional functions and modules at the Customer's request.
- Technical support, consultations, and updates to supported versions of the system.
4.2. The Contractor undertakes to eliminate defects in the operation of the system in accordance with the agreed terms and SLA conditions.
5. Liability of the Parties
5.1. The Contractor is responsible for the quality of the services provided, except for cases beyond their control.
5.2. The Customer undertakes to provide accurate information and timely fulfill payment obligations.
6. Force Majeure
6.1. The Parties are released from liability for non-fulfillment of obligations in the event of force majeure circumstances (natural disasters, military actions, changes in legislation, etc.).
6.2. The Party subject to force majeure is obliged to notify the other Party within 10 calendar days.
7. Intellectual Property
7.1. All rights to the created developments are transferred to the Customer after full payment for the services.
8. Confidentiality
8.1. The Contractor undertakes to maintain the confidentiality of the Customer's information.
9. Dispute Resolution
9.1. Disputes are resolved through negotiations, and in the absence of agreement — in court at the Contractor's location.