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Service Agreement
Service Agreement published and entered into force: 28/09/2022
This Service Agreement (hereinafter the "Agreement") is a public agreement between you (hereinafter the "you", "Customer") and LLC “LIVERY GROUP” (hereinafter the "Company", "we", "LIVERY GROUP"), hereinafter referred to jointly as the “Parties” and each as a “Party”, have concluded this Agreement as follows.
Acceptance Agreement:
This Agreement is deemed to be accepted by you subject to the following conditions:
  1. 1.
    You have read the terms of the Agreement and all its essential parts (with any changes and/or amendments to them);
  2. 2.
    You ordered the creation of a Logo for one of the selected Tariffs;
  3. 3.
    You are 18 years old and an adult;
  4. 4.
    You have provided the required mark in a special field under the heading "I accept the terms of the Service Agreement" in the feedback form.
Attention:
  1. 1.
    If you do not agree with the terms of Agreement, please do not fill out the "I agree to the Service Agreement and Privacy Policy" pre-payment form and do not use the Company's Services;
  2. 2.
    The Company's services are intended for persons over 18 years of age.

1. DEFINITIONS

1.1. Brief - is a questionnaire document of the Company, with the help of which the Customer provides the Company with the necessary information for the provision of Services.
1.2. Business Day - means a day other than a Saturday, Sunday or public holiday in Ukraine when banks in Ukraine are open for business.
1.3. Customer - is a natural or legal person who orders the Services from the Company specified on the Site.
1.4. Confidential Information - means, in relation to either Party, information which is disclosed to that Party by the other Party pursuant to or in connection with this Agreement (whether orally or in writing or any other medium, and whether or not the information is expressly stated to be confidential or marked as such).
1.5. Intellectual Property - means any of the following relatings to the Logo or any part thereof, including but not limited to: design, images, text, illustrations, and photographs.
1.6. LIVERY GROUP website (hereinafter the "Site") - is a web page or a group of web pages on the Internet, which are located at the address: https://logolivery.com/, and through which the Company provides Services to the Customer.
1.7. Logo - is a graphic or text symbol that represents a specific entity or object, such as a company, organization, individual, or product.
1.8. Personal Data - any data that can be used to identify the Client (natural person).
1.9. Revision - is making changes to the Logo by changing its constituent parts: design, text, etc.
1.10. Services - is a list of actions provided by the Company to the Customer, the list and cost of which are indicated on the Site.
1.11. Tariff - is the amount of the cost of a certain Service officially established by the Company, which is indicated in the relevant section of the Site.

2. SUBJECT OF THE AGREEMENT

2.1. The Company undertakes to provide the Customer with the Services specified in the terms of this Agreement and displayed on the Site, and the Customer undertakes to pay for such Services under the terms of this Agreement.
2.2. The Company provides Services, the cost, types and description of which are indicated in the appropriate section of the Site. The Company has the right to change the cost, types and description of the Services at any convenient time.
2.3. The Company indicates the description and cost of the Tariff in the appropriate section of the Site. The Company has the right to change the Tariff without prior notice to the Customer.

3. SERVICES PROVISION

3.1. To receive the Service, the Customer must fill out the Brief and agree it with the Company's manager.
3.2. The Customer receives Services based on the Tariff chosen by him. The cost and terms of the Service are specified by the Company in the Tariff.
3.3. The Company provides the Customer with Services the next day, after agreeing to the Brief on Business Days in the following working hours: Mon-Fri, 9:00-17:00, GMT+3.
3.4. Service provision mechanism:
3.4.1. The Customer on the Site chooses the Tariff (if necessary, additional Services), makes payment using the Fondy.ua service, and after successful payment, fills in the Brief;
3.4.2. The completed Brief is agreed with the manager;
3.4.3. Services are provided in accordance with the conditions specified in the described Tariff;
3.4.4. The result of the provision of Services is sent by the Company to the Customer's email address specified in the Brief;
3.4.5 In some cases, the client has the right to request an Revision. The Revision execution time is set by the Company's manager after processing and confirming the completed Rivision Brief.
3.4.6. The result of providing Services (logo or other design services) will be stored by the Company for 30 (thirty) calendar days in the Google Drive service of the Company's account;
3.4.7. The customer undertakes to move the result of the provision of the Services to his Google Drive service account or a hard storage medium (computer, laptop, etc.).
3.5. The Company allocates the following types of Tariffs:
3.5.1. Logolivery;
3.5.2. Superlivery;
3.5.3. Ultralivery.
3.6. By concluding this Agreement, the Customer agrees with the cost, terms, and description of the Tariff specified on the Site, which the Customer chooses to receive Services from LIVERY GROUP.
3.7. LIVERY GROUP can provide the following additional Services:
3.7.1. Additional Revision. The content of which consists in granting the Customer the right to additional verification and making changes to the provision of Services.
3.7.2. Additional concept of the Logo. The content of this Service consists in granting the Customer the right to implement an additional idea to the Logo.
3.7.3. Stationery design. Granting the Customer the right to add 5 additional elements to the Logo design.
3.7.4. Social Media Kit. Development by the Company for the Customer: avatar design; design for posts, stories, and banners on platforms: Facebook, Instagram, and Twitter.
3.8. By concluding this Agreement, the Customer agrees to the cost, terms, and description of additional Services specified on the Site or with conditions set by the Company's manager, after checking the brief, which the Customer selects through communication with the Company or on the Site.
3.9. LIVERY GROUP can provide the Customer with any Services agreed upon by the Parties to this Agreement by sending the Customer an invoice from the Company, with a description of the Service and its cost.
3.10. The Parties agreed that the Company will transfer the result of the provision of Services to the Customer by sending the result of the Services provided to the Customer's email address specified in the Brief. Services are considered accepted at the moment of sending the result of the provided Services from the Company's e-mail address to the Customer's e-mail address.
3.11. In order to prevent double interpretation, the Parties have agreed that the Revision represents a change to the design elements of the Logo, and not to the Logo as a whole.

4. COST OF SERVICES AND PAYMENT PROCEDURE

4.1. The cost of providing Services is indicated on the Site, in accordance with the Tariff or additional Services chosen by the Customer.
4.2. The Customer pays for the Company's Services in the form of 100 percent advance payment, by bank transfer using the special Fondy.ua service.
4.3. The contract is the basis for settlements between the Parties without the need for invoicing.
4.4. If necessary and at the Customer's request, an invoice for payment of the Services may be issued.
4.5. The currency of payment for the Services is specified by the Company in the appropriate section of the Site.
4.6. The Customer is responsible for paying any applicable taxes and regulatory fees paid by the Customer as a result of the Company providing the Services.

5. RIGHTS AND OBLIGATIONS OF THE PARTIES

5.1. The Customer has the right to:
5.1.1. to receive Services, the quality, quantity, and method of provision of which correspond to the terms of this Agreement, subject to full payment of the Services in accordance with the terms of the selected Tariff;
5.1.2. contact the Company with a request to provide information on the procedure and result of the provision of Services.
5.2. The Customer is obliged to:
5.2.1. timely pay for the Company's Services in accordance with the terms of the Agreement;
5.2.2. provide a current email address and number a phone registered in a messenger application, for example WhatsApp, Telegram;
5.2.3. provide information as requested by the company within 24 hours, from the moment of receipt;
5.2.4. provide high-quality and accurate information in feedback forms (for example, a Brief) and answers to questions from managers and designers;
5.2.5. within 30 days save files (source files) which were sent to him by e-mail by the Company;
5.2.6. notify the Company of all circumstances that may negatively affect its ability to provide Services, including, but not limited to: intellectual disputes, legal proceedings, etc.;
5.2.7. comply with the terms of this Agreement.
5.3. The Company has the right to:
5.3.1. change the Site, types, and cost of providing Services, including Tariffs and additional Services;
5.3.2. receive information and data necessary for the proper provision of the Services;
5.3.3. send a request to the Customer to obtain additional information from the Customer, which is necessary for the provision of Services;
5.3.4. to receive payment for the Services provided by her in the amount, terms and in order specified by this Agreement and the corresponding page of the Site;
5.3.5. refuse to provide Services to the Customer if the Customer has provided inaccurate information provided for in the terms of this Agreement, without returning to the Customer the amount paid for the Services and indemnifying any losses;
5.3.6. change the terms of this Agreement.
5.4. The Company is obliged to:
5.4.1. provide the Customer with Services in accordance with the terms of this Agreement and the terms specified on the Site;
5.4.2. timely notify the Customer in the event of changes to the terms of this Agreement, the terms of the provision of Services, the cost of the Tariff, and additional Services.

6. INTELLECTUAL PROPERTY

6.1. All Intellectual Property transferred by the Company to the Customer is the exclusive property of the Customer.
6.2. The Company transfers to the Customer all Intellectual Property created during the provision of the Services at the time of transfer of the Services to the Customer.
6.3. The cost of the transfer of Intellectual Property is included in the cost of providing Services to the Customer, defined by this Agreement and the conditions set out on the Site.
6.4. The Company owns all rights to intellectual property posted on the Site. By signing this Agreement, the Customer acknowledges that the Company owns all rights to the intellectual property posted on the Site.
6.5. The Company has the right to publish the result of providing Services (Logo, or any other design object), without obtaining permission from the Customer, in its portfolio: on the pages of its Site, social networks, messenger groups, and channels, Internet catalogs, etc.

7.1 CONFIDENTIALITY

7.1. The Parties acknowledge that they may receive certain Confidential Information during the implementation of this Agreement.
7.2. Confidential information includes:
7.2.1. analytical data;
7.2.2. design elements;
7.2.3. graphic material;
7.2.4. animation elements;
7.2.5. results of negotiations;
7.2.6. description of the Customer's project;
7.2.7. the concept of creating a Logo.
7.3. The Party receiving Confidential Information undertakes:
7.3.1. use the Confidential Information solely for the purpose specified in the terms of this Agreement;
7.3.2. will keep the Confidential Information in the strictest confidence and will not disclose the Confidential Information to others, except its employees, contractors, affiliates, or agents who require the Confidential Information to provide services and are subject to mandatory confidentiality obligations and restrictions on the use of the Confidentiality. information similar to the terms of this Agreement;
7.3.3. will protect Confidential Information using at least the same level of effort and measures used to protect its confidential information, and at least commercially reasonable efforts and measures, including, but not limited to, restricting access to Confidential Information;
7.3.4. notify the other Party as soon as possible of any unauthorized use or disclosure of Confidential Information.
7.4. The obligations under this Agreement shall not apply if the Confidential Information:
7.4.1. at the time of disclosure is already publicly available or has become part of the public domain, except as a result of the breach of any obligations under this Agreement;
7.4.2. was already in the possession of the other Party at the time of disclosure for reasons other than any breach of the terms of this Agreement or the law;
7.4.3. has been disclosed to comply with a lawful request of a court, governmental or regulatory requirement, provided that the Party provides written notice of such disclosure and takes all lawful and reasonable measures that may prevent and/or minimize the extent of such disclosure;
7.4.4. the other Party shall independently develop information without the use of or reference to Confidential Information, as evidenced by independent written reports of that Party at the same time as such development.
7.5. During the term of this Agreement and for 3 (three) years after its expiration, the Parties shall keep all Confidential Information in strict secrecy and shall not disclose Confidential Information to third parties and shall not use any Confidential Information except when required by a court or other state body.

8. RESPONSIBILITY

8.1. The Parties are responsible for non-fulfillment or improper fulfillment of the obligations provided for in this Agreement.
8.2. The Company is not responsible if the Logo does not meet the Customer's expectations, including its overall concept and design.
8.3. The Company is not responsible for the quality of the Services provided, if the Customer has provided incorrect and/or inaccurate information necessary for the provision of Services, in accordance with the terms of this Agreement.
8.4. The Company is not responsible for the quality of the Services provided if the Customer did not respond to the request and/or Brief promptly or provided incorrect and/or incorrect information in the request.
8.5. The Customer is personally responsible if the Logo developed by the Company violates the intellectual rights of third parties, as the Company creates the logo in accordance with the information received from the Customer.
8.6. The Customer is personally responsible for saving the results of the Services provided, and in case of loss of such results, he is personally responsible if they were lost.
8.7. If the Customer provided the Company with an incorrect email address, the Company is not responsible for the Customer receiving the results of the Services provided.
8.8. The Company does not issue refunds, as the Services are provided based on a Tariff, and the Customer, concluding this Agreement, agrees to the condition that the Company has the right not to refund the money paid by the Customer for the provision of Services.
8.9. The Company does not guarantee the Customer an increase in income or the number of sales of the Customer's goods/services as a result of the development of the Logo.
8.10. The Company is not obliged to compensate the Customer for any damages that have occurred or may occur as a result of the provision of Services.
8.11. The Parties take all measures to ensure the confidentiality of the information provided by the Parties and are responsible for the loss or disclosure of such information.
9.1. The Customer provides his Consent to:
9.1.1. comply with the terms of this Agreement;
9.1.2. on the conditions of advance payment of Services;
9.1.3. subject to the provision of Services in accordance with this Agreement, the selected Tariff, and the conditions indicated on the Site;
9.1.4. on the condition that the funds paid for the provision of Services are non-refundable.

10. TERM AND TERMINATION

10.1. The validity period of this Agreement starts from the date of acceptance by the Customer and is valid until the moment of provision of Services by the Company. 10.2. This Agreement may be terminated as follows:
10.2.1. Any Party may terminate this Agreement if the other Party materially violates (or threatens to materially violate) this Agreement, subject to prior notice to the other Party 30 (thirty) calendar days before the date of such termination.
10.3. Post-Termination Obligations:
10.3.1. Upon expiration or termination of this Agreement for any reason, all rights and licenses granted by the Company to Customer under this Agreement will immediately terminate and Customer may not use the Services;
10.3.2. Termination of this Agreement for any reason shall not relieve the Customer of the payment of the Tariff, Additional Services and all penalties due as of the date of termination of the Agreement.

11. GOVERNING LAW

11.1. This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation are governed by and construed in accordance with the law of Ukraine.
11.2. Any disputes that might occur under the Agreement Parties shall settle by negotiations. In order to settle disputes, Parties hold meetings, negotiations, or regulate the disputable situations in the written form.
11.3. The Parties agreed that if it is impossible to resolve the dispute, it will be considered by the International Commercial Arbitration Court at the Chamber of Commerce and Industry of Ukraine (ICAC) in accordance with the Ukraine laws.
11.4. All documents relating to the submission of a dispute to arbitration and the decisions made must be in English, and the proceedings must be conducted in English by one arbitrator.

12. FORCE MAJEURE

12.1. The Parties shall be released from liability for non-performance or improper performance of obligations under the Agreement if it was caused by circumstances beyond the control of the Parties and beyond their control, including hostilities, natural disasters, man-made and other accidents, strikes, lockouts, acts government or government agencies, epidemics, pandemic emergencies that are unable to comply with the provisions of the Agreement (hereinafter - "Force Majeure").
12.2. The Party to which Force Majeure applies shall be released from liability for breach of the provisions of the Agreement if there is an official document confirming the existence of such circumstances and issued by the authorized body or organization of the State where the Force Majeure took place.
12.3. In the event of force majeure, a Party shall immediately notify the other Party and provide the other Party with appropriate documents proving the force majeure circumstances.
12.4. Upon receipt of such notification by the other Party, the provisions of the Agreement shall be suspended for the duration of Force Majeure.
12.5. Each Party has the right to initiate the termination of the Agreement if the duration of force majeure exceeds 6 (six) months.

13. GENERAL

13.1. Relationship of Parties. This Agreement shall not be construed to create any employment or agency relationship, partnership, or joint venture, nor shall it authorize either Party to enter into any commitment or agreement binding the other Party. Except as expressly set forth herein, nothing in the Agreement shall confer any rights upon any person or entity other than the Parties hereto and their respective successors and permitted assigns.
13.2. Appointment. This Agreement and any rights and obligations hereunder may not be assigned or delegated in whole or in part by any Party to a third party.
13.3. Divisibility. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, such provision shall be invalid only to the extent that the remaining provisions of this Agreement shall remain valid and enforceable, and the Parties agree to replace such invalid provision with a valid provision that best serves the purpose and the consequences of an invalid provision.
13.4. Amendments. No changes, additions or amendments to this Agreement and its annexes shall be effective unless they are made in the form of an additional agreement and signed by a duly authorized representative of each Party.
13.5. Entire Agreement. This Agreement, attached hereto, constitutes the entire agreement and understanding between the Parties with respect to the subject matter set forth herein and supersedes all prior or contemporaneous agreements or understandings, written or oral, with respect to such subject matter.

14. DETAILS OF THE COMPANY

14.1 The Customer has the right to contact the Company's support service at [email protected] to enforce his rights under the terms of this Service Agreement, or in case of violation of his rights, or to leave a response or ask a question.
14.2 LLC “LIVERY GROUP”.
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On this page
1. DEFINITIONS
2. SUBJECT OF THE AGREEMENT
3. SERVICES PROVISION
4. COST OF SERVICES AND PAYMENT PROCEDURE
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
6. INTELLECTUAL PROPERTY
7.1 CONFIDENTIALITY
8. RESPONSIBILITY
9. CONSENT OF THE CUSTOMER
10. TERM AND TERMINATION
11. GOVERNING LAW
12. FORCE MAJEURE
13. GENERAL
14. DETAILS OF THE COMPANY