Offer Contract
1.1. This Contract (Offer) is addressed to individuals or legal entities (“Client”) who by their actions express the intention to accept this Offer. The Offer is a public proposal made by Kofax Agency, hereafter “Company”, acting by its representatives, to provide IT and software development services over the internet under the terms set out in this Offer. The Company and the Client are hereafter collectively referred to as the “Parties”, and individually as a “Party”.
1.2. The ordering of services occurs when the Client sends the Company a request via telephone, e-mail, or other electronic communications means published on the Company’s official website.
1.3. Acceptance (aćcept) of the Offer to enter into this Contract means full and unconditional acceptance by the Client of all the terms contained herein, including information provided during communication with the Company’s manager, without any exceptions or limitations. Such acceptance is equivalent to entering into a written contract.
1.4. The date of conclusion / acceptance of this Contract is the date when the Company receives full payment from the Client.
1.5. By agreeing to this Offer, the Client also gives consent to the processing of their personal data, in accordance with the purpose of processing as specified. Payment for access to services implies providing this consent.
1.6. To enter into this Contract, the Client must be legally capable and, if an individual, be at least 18 years old. If entering via a legal representative (parent, guardian, or duly authorized person), they must have appropriate authority.
2.1. The Company undertakes to provide to the Client the agreed upon IT services, including but not limited to software development, maintenance, consulting, customization, and/or other technical support (hereafter “Services”), under the programs and packages offered by the Company, and the Client undertakes to pay for those Services.
2.2. Services are provided via remote / online methods, through digital platforms, communication tools, project management systems, or other means as required, including code repositories, documentation, technical resources, etc.
2.3. The scope of Services is determined by the Client selecting from among the Company’s service packages, custom project proposals, or single‐task services listed on the Company’s website. To select Services the Client submits a request to the Company via telephone, e‐mail, messenger, or other contact methods published on the official Company website https://www.kofax.agency or by directly contacting a Company manager.
3.1. To conclude the Contract, the Client registers (if required) on https://www.kofax.agency and submits their request, providing name or company name, contact information, and details of desired Services.
3.2. The Client may be offered a preliminary consultation, assessment, or trial version of the Services (for example, prototyping, demo, or scope estimation), to define requirements and expectations. Access credentials, consultations, or project scope details will be provided through channels agreed with the Client.
3.3. This Contract is considered a Public Contract and is deemed concluded without any further signatures once the Company receives full payment for the ordered Services; no physical signatures are required unless otherwise agreed in writing.
3.4. At the time of approving the request for Services, the Parties shall agree on:
- the full name / company name of the Client;
- the precise scope of the Services (deliverables, milestones, etc.);
- the schedule (deadlines, phases of delivery);
- the payment terms (full, partial, invoice, bank transfer, etc.).
4.1. The Services provided include work on software or IT projects designed and developed by the Company’s specialists. The deliverables may include source code, documentation, UI/UX design, integrations, maintenance, support, or other features as per the agreed project specification.
4.2. The Company determines the pricing of its Services and publishes pricing or quotations on https://www.kofax.agency or provides them directly to the Client according to requested scope.
4.3. The Company reserves the right to introduce new service offerings or packages, update existing services, features, pricing, or policies on https://www.kofax.agency without prior separate notice to the Client.
4.4. A Service is considered rendered and accepted by the Client once the Company delivers the agreed deliverables (e.g., source code, documentation, software) or grants access to deliverables (e.g., via repository, server, platform), regardless of whether the Client uses them fully thereafter.
5.1. The cost of Services under this Contract is determined based on the selected package or custom project scope, as set out on https://www.kofax.agency, or via proposal/quotation given to the Client before start of work.
5.2. Payment is to be made by bank transfer, digital payment methods, or other payment methods accepted by the Company. Any bank or payment processor fees at the Client’s side are borne by the Client.
6.1. Refunds may be requested by the Client within the first [___ days/weeks] after the commencement of the Services (for example, after delivery of initial milestone), provided the Client provides written notice. The Company may deduct from the refunded amount the cost of work already performed, reasonable administrative fees, and real direct expenses.
6.2. After that initial period, refunds are not available except as required under applicable law or by mutual agreement.
7.1. The Company is liable for proper and timely provision of the Services in accordance with this Contract, specifications, and agreed milestones.
7.2. The Client is liable to provide timely feedback, approvals, and necessary information to enable the Company to carry out the Services as agreed.
7.3. Neither Party is liable for indirect, incidental, special, or consequential damages, including lost profits, except in cases of willful
misconduct or gross negligence.
8.1. The Parties are released from liability for full or partial failure to perform obligations under this Contract if such failure is caused by force majeure circumstances beyond their control.
8.2. Force majeure events include natural disasters (fire, flood, earthquake, etc.), war, strikes, power outages, cyberattacks, governmental restrictions, or other exceptional and unforeseeable events.
8.3. The Party encountering force majeure must take reasonable steps to mitigate the impact on the other Party and notify the
other Party as soon as possible of occurrence of such events and the approximate expected duration.
8.4. If force majeure continues for more than [e.g. 30 calendar days], the Parties may renegotiate terms or terminate this Contract
by mutual agreement.
- Company Name: Kofax Agency
- Legal Address: Lviv, Ukraine]
- Tax / Registration Number: —-------------
- Bank Details: —----------
- Contact Phone: —------------
- Contact Email: holova.vadym@kofax.agency