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The text of this Terms of use is an Agreement, a public proposal by Sole Proprietor Omelchenko Daria (hereinafter “Contractor”, “We”, “Agency”, “Sense Craft”) to provide you (hereinafter “You”, “Customer”) with marketing and other advisory services.

Please carefully review the provisions of this Terms of use before using any services of our Agency, because from the moment of acceptance of its conditions, this Term of use acts as a legally binding Agreement between us (hereinafter collectively referred to as “Parties”).

What is Sense Craft Agency

Sense Craft is a strategic marketing partner for the tech business, whose main focus is to combine marketing and management expertise to create, promote and improve product and service company brands on global markets.

The company’s main products include services: Go-to market strategy, Brand Development, Website Development, Marketing Strategy, Marketing Execution Enablement. Our team best understands the transformation of marketing for technology products with a history, as well as optimizing the launch of startups created by experienced entrepreneurs. More information about us can be found on our Agency’s website sensecraft.pro.

Procedure for concluding the Agreement

This terms of use is a public proposal by our Agency to conclude an Agreement for the provision of consulting services. In case of agreement on individual terms, the Parties may conclude a separate service contract.

In accordance with Articles 641, 642 of the Civil Code of Ukraine, in case of acceptance of the conditions outlined below and payment for services, a legal or natural person who accepts this offer becomes a Customer (acceptance of the offer is equivalent to concluding a contract on the terms set forth in the offer). By accepting the Terms of use, the Customer thus confirms that these conditions do not limit his legal rights and interests.

The Customer agrees to the terms of these Terms of use and concludes this Accession Agreement at the moment of making the first payment.

By accepting the Terms of use, the Customer thus confirms that these conditions do not limit his legal rights and interests.

Payment

The Contractor receives a fee for the Services provided, agreed by the Parties, based on the invoices he presented.

The Customer makes a 100% prepayment within 3 working days after receiving the respective invoice.

The date of fulfillment of the Customer’s obligations regarding payment for the Contractor’s Services is considered the date of receipt of funds to the Contractor’s bank account.

Taxes of the Parties

The Parties are fully independently responsible for the accrual and payment of all taxes and other mandatory payments, in connection with the execution of this offer.

Involvement of third parties

The Contractor performs the work for the Customer at his own risk and personally. At the same time, the Contractor has the right to involve other persons (subcontractors) in the performance of the work, remaining responsible to the Customer for the result of their work.

Validity and termination

This Terms of use is valid for 12 calendar months from the date of payment for the Agency’s services and is automatically extended for an indefinite period, unless the Parties agree on its termination in written form.

The Customer has the right to independently refuse this Agreement, informing the Contractor of the refusal no later than 10 working days before the planned date of termination. In any case, termination of the Agreement is possible only after the provision of paid Services.

The Contractor has the right to terminate this Agreement independently, informing the Customer about it in advance for 10 days. In case of early termination of the Agreement, the payment can be partially or fully returned by agreement of the parties. In case of hourly payment, the refund takes into account the number of actually worked hours. In case of fixed payment, the return is determined based on the number of actually worked hours multiplied by the minimum hourly pay.

Termination of the Agreement does not relieve the Parties from liability for its breach, which took place during the term of the Agreement.

Force Majeure

The Parties are relieved from liability for non-fulfillment and/or improper fulfillment of obligations under this Agreement in case of force majeure circumstances, such as: adoption of regulatory acts by state bodies that significantly hinder the execution of the Agreement, earthquakes, floods, fires, typhoons, hurricanes, military actions, mass diseases (epidemics, epizootics), transportation restrictions, trade ban with certain countries due to the imposition of international sanctions, as well as in case of other similar circumstances that are beyond the control of the Parties.

The Party affected by force majeure is obliged to inform the other Party about it within five days from the date of such circumstances.

Privacy

We respect your privacy and establish certain policies and procedures regarding the collection and processing of your data in connection with the services provided to you by our Agency.

The terms and procedures for ensuring data privacy are set forth in the Privacy Policy on our Website and apply to you, as well as to your employees, where applicable, for the duration of this Agreement.

Personal Data

By using the services of our Agency, you hereby consent to the collection, processing, and transfer of your personal data (including receipt, entry into the database, dissemination, transfer to third parties, supplementation or other changes, destruction, and other actions that the parties may perform with their personal data in written (paper), electronic and other forms.

The parties hereby confirm their consent that, if necessary, their personal data may be processed and provided to third parties.

Waiver of Obligation

A refusal, indulgence, or non-insistence by any Party in any one or more instances on the performance of any provision of this Agreement is not construed as a waiver or concession of the rights of the relevant Party to the performance of such provision in the future, and the obligation of the other Party regarding such performance in the future remains fully valid and effective until the termination of this offer.

Liability

The Client independently bears responsibility for obtaining, achieving, and/or realizing any benefits, directly or indirectly associated with the application of the results of the Services hereunder.

The Contractor is responsible for adhering to the agreed timelines for the provision of Services, except for delays resulting from the Client’s non-performance of obligations.

The Contractor is not responsible for:

  • consequences of the Client’s inactivity, as well as the latter not performing other actions necessary to provide the opportunity for the Contractor to provide Services under this offer;
  • the Client’s non-compliance with instructions and/or recommendations of the Contractor aimed at fulfilling this Agreement;
  • infringement of third party copyrights in connection with the use of materials provided by the Client (if any).

The Contractor is not responsible for any damages (including damages related to lost commercial benefits, suspension of commercial and manufacturing activities, loss of data) that may occur in the process of providing services hereunder, even if the Client was not informed about the possible occurrence of such damages.

All penalties and compensations, if justified, are paid by the Party only at the request of the other Party, but not more than the amount received from the Client for the previous settlement period before the violation.

Applicable Law and Dispute Resolution

All disputes and discrepancies that arise during the execution of this offer are resolved through negotiations between the parties.

If it is impossible to resolve the dispute through negotiations within 30 calendar days, it is resolved in court at the location of the Contractor in accordance with the legislation of Ukraine.

Inquiries, suggestions, and your complaints related to the provision of services can be sent to the email address contact@sensecraft.pro.

Invalidity of any of the terms

If any condition of this terms of use becomes or is declared invalid due to non-compliance with any law, this condition will not be taken into account or the Parties will take steps to amend the agreement to the extent necessary to make the agreement valid and fully preserve the intentions of the Parties.

Assignment of Rights

These Terms are not subject to assignment, transfer, or licensing, except with our prior written consent. We may transfer, assign, or delegate these Terms, as well as our rights and obligations without prior notice.

Changes

We may change, supplement, or otherwise modify the conditions of the Terms of use from time to time in cases where it is required by changes to legislation, when it is necessary for better protection of the rights of Program users or third parties, when our Agency expands or otherwise changes the format or list of provided services.

Correspondence

Correspondence between the Parties in any form (including but not limited to communication by email, in social networks or using messengers, retains legal force after the conclusion of this Agreement and can be taken into account for its interpretation.

Contact Information

If you have any questions for our Agency, you can contact us at: contact@sensecraft.pro

Your Sense Craft team

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