Public Offer
1. General provisions
This document is the official public proposal (offer) of individual entrepreneur (FOP) I. M. Vakar, taxpayer number (RNOKPP) 3099000015 (the Contractor), to enter into a services agreement on the terms set out below.
Under Articles 633 and 641 of the Civil Code of Ukraine this agreement is public: the Contractor offers it to an indefinite range of persons on the same terms. Under the Law of Ukraine "On Electronic Commerce", an agreement concluded by accepting this offer is equivalent to one concluded in writing.
The person who accepts the offer is the Client; together — the Parties.
The current revision is always available at
https://it-master.od.ua/en/public-offer. In case of any discrepancy between
language versions, the Ukrainian text prevails.
2. Definitions
Services — the work listed in section 3.
Request — the Client's enquiry via the website form, email, messenger or phone describing their need.
Acceptance — acceptance of the offer as set out in section 4.
Invoice — a document listing the services, their price and the payment term.
Act — the act of services rendered, recording the scope of work performed.
Client Systems — servers, network equipment, workstations, virtual machines, databases, accounts, hosting and any other infrastructure the Client gives access to for the work.
Expert opinion — a document with the Contractor's professional technical assessment based on an investigation. See section 9.
3. Subject of the agreement
The Contractor provides the Client with information technology services, in particular:
Infrastructure and support
server setup and administration;
building and configuring networks and VPNs;
IT infrastructure support (IT outsourcing);
technical support;
diagnosing complex failures — investigating the causes of unstable system behaviour, analysing logs and dumps, locating the defect;
incident analysis — reconstructing what happened, determining causes and consequences, preparing recommendations;
preparing expert opinions on technical matters.
Development
development of websites and web applications;
development and support of online stores.
Automation
business process automation;
integrations with accounting and external systems;
implementation of artificial intelligence solutions.
Marketing
search engine optimisation (SEO);
setting up and running advertising campaigns.
The current list with descriptions is in the "Services" section of the website. The specific scope of work for each request is set in the Invoice or in the written confirmation of the Request.
Services are provided remotely. A visit to the Client is possible by separate agreement and may be charged separately.
4. Acceptance
The agreement is concluded when the Client performs any of the following:
pays the Invoice — in full or in an agreed part;
confirms the Request in writing — by email or in the messenger the Parties use for correspondence, where the reply makes it clear that the Client agrees with the scope of work and the price.
Acceptance means full and unconditional acceptance of the terms of this offer in the revision in force at the moment of acceptance. Partial acceptance is not allowed.
The revision in force on the date of acceptance is kept in the revision archive and provided at the Client's request.
By accepting the offer, the Client confirms having read the Privacy Policy.
5. How services are provided
The Client sends a Request describing their need.
The Contractor estimates the scope and reports the price and an approximate timeline. If a preliminary diagnosis is needed for the estimate, it may be a separate paid service, of which the Contractor gives notice in advance.
After acceptance the Contractor starts the work.
The Contractor keeps the Client informed of progress and promptly reports any circumstances preventing the work.
When finished, the Contractor hands over the result and provides an Act.
Timelines agreed by the Parties are approximate unless expressly stated otherwise. A timeline is extended for the time spent waiting for access, answers, decisions or materials from the Client needed for the work.
6. Access to Client Systems
This is the key section for infrastructure work — please read it carefully.
Most work requires the Contractor to have remote access to Client Systems: SSH, RDP, VPN, control panels, hosting accounts, etc.
By granting such access, the Client confirms their consent to the Contractor connecting to the relevant systems within the agreed work.
The Client confirms that they are entitled to grant such access — being the owner of the systems or authorised by the owner. The Contractor does not verify this independently and relies on the Client's confirmation.
The Contractor uses access only for the agreed work, does not go beyond it and takes no actions the Client has not been informed of.
Access credentials are stored securely and revoked or returned after the work is finished, at the Client's request. The Client may change passwords themselves at any time.
The Client must ensure a backup of data and configurations before the work starts. If there is no backup, the Client informs the Contractor before the work starts. Consequences — section 10.
The Contractor may refuse to perform work that could lead to data loss where there is no backup — until the Client provides a backup or confirms in writing that they accept the risk.
Processing of personal data that Client Systems may contain is covered in section 7 of the Privacy Policy.
7. Price and payment
The price is set by the Invoice or by the Contractor's price list in force on the date the Invoice is issued. This offer does not set specific amounts.
The price depends on the scope, complexity, urgency and the need for a visit.
Payment is in hryvnia by bank transfer to the details stated in the Invoice, unless the Parties agree on another method.
The payment procedure (full or partial prepayment, payment on completion, monthly subscription) is set by the Invoice or by the confirmation of the Request.
The Contractor may suspend work if payment is overdue, having warned the Client.
If the scope of work changes from what was agreed, the Parties agree a new price before continuing.
The Contractor is a single-tax payer (group 3) and is not a VAT payer. The services are not subject to value added tax.
8. Acceptance of services
After the work is finished, the Contractor provides an Act — on paper or electronically, including via an electronic document management system.
The Client reviews the Act and within 5 (five) business days signs it or provides reasoned written objections listing specific defects.
If within this period the Client has neither signed the Act nor provided objections, the services are deemed properly rendered and accepted in full, and the Act is deemed signed unilaterally.
Justified defects caused by the Contractor are remedied free of charge within a reasonable time.
The following are not defects: work done in accordance with the agreed task that did not meet expectations the Contractor was not informed of; and consequences of actions of the Client or third parties after the result was handed over.
9. Expert opinion — a separate disclaimer
This provision is material. The Client confirms having read it.
An expert opinion prepared by the Contractor is a professional technical opinion of the Contractor's specialists, formed on the basis of an investigation of the materials, logs, dumps, configurations and system state provided.
Such an opinion is not a forensic examination within the meaning of the Law of Ukraine "On Forensic Examination". The Contractor is not a forensic expert, is not entered in the State Register of Certified Forensic Experts and is not warned of criminal liability for a knowingly false opinion under Article 384 of the Criminal Code of Ukraine.
The Contractor's expert opinion cannot replace a forensic examination and does not have its procedural status. If the Client needs a document to submit to a court as an expert opinion, they should apply to a certified forensic expert or a specialised expert institution.
The Client alone decides how to use the opinion received and alone bears the risks associated with such use, including in relations with third parties, insurance companies and public authorities.
The opinion is based on the data available to the Contractor at the time of the investigation. If the data is incomplete, damaged or altered before the investigation starts, the Contractor states this in the opinion, and the completeness of the opinion is limited accordingly.
The Contractor does not guarantee that the opinion will be accepted as evidence by any third party and is not responsible for how a court or other body assesses it.
10. Liability of the Parties and its limitation
10.1 The Contractor is not liable for:
Data loss in the absence of the Client's backup. Creating and verifying backups is the Client's obligation (clause 6.6), unless backup is the subject of a separately paid service of the Contractor.
Failures of the Client's equipment, including those that appeared or occurred during the work due to prior wear or hidden defects.
Defects, updates and end of support of third-party software — operating systems, hypervisors, DBMS, applications, cloud services — and the consequences of updates released by their vendors.
Consequences of the Client acting contrary to the Contractor's written recommendations, and of actions of third parties engaged by the Client.
Unavailability of third-party services — hosting, domain registrars, communication providers, payment systems, advertising platforms.
Results of promotion and advertising to the extent they depend on the algorithms of search engines and advertising platforms the Contractor does not control.
Lost profits, indirect and consequential losses, including business downtime and reputational losses.
10.2 Limit of liability
The Contractor's total liability under this agreement is limited to the amount actually paid by the Client for the service to which the claim relates.
10.3 The Client is responsible for:
the accuracy and completeness of the information provided;
the lawfulness of granting access (clause 6.3);
the existence of backups (clause 6.6);
the lawfulness of materials posted and holding the rights to them;
keeping the access credentials handed over after the work is finished.
10.4 Reservation
The limitations of this section do not apply where the law does not allow liability to be limited, in particular in the case of intent on the part of the Contractor.
11. Confidentiality
Confidential information is any information that became known to a Party in connection with the agreement: technical documentation, configurations, passwords, commercial terms, information about clients and counterparties, the content of expert opinions.
The Parties do not disclose such information to third parties without the other Party's written consent, except where the law directly requires it.
The Contractor limits access to the Client's information to the specialists who need it for the specific task.
The Contractor may mention the fact of cooperation and the general nature of the work in its portfolio and marketing materials without disclosing confidential details, unless the Client has objected in writing.
The obligations remain in force for 3 (three) years after the work is finished.
Information that is publicly available through no fault of a Party, or that became lawfully known to a Party from another source, is not confidential.
12. Force majeure
The Parties are released from liability for failure to perform their obligations if it is caused by force majeure: military operations, hostilities, missile strikes, emergency and scheduled power and communication outages, natural disasters, acts of public authorities, epidemics, large-scale cyberattacks on public infrastructure.
The Party affected by such circumstances notifies the other Party within 5 (five) business days from the moment this became possible.
For the duration of the circumstances, performance deadlines are extended accordingly.
If the circumstances last more than 60 (sixty) calendar days, either Party may withdraw from the agreement, and the Parties settle accounts for the work actually performed.
Force majeure is confirmed by a certificate of the Chamber of Commerce and Industry of Ukraine or other documents of competent authorities, and for generally known circumstances (in particular martial law and mass power outages) — by the Party's notice describing them.
13. Term and termination
The agreement is in force from acceptance until the Parties have fully performed their obligations.
For subscription-based services, the agreement is in force until either Party withdraws with 30 (thirty) calendar days' written notice.
The Client may withdraw from the agreement by paying for the work actually performed on the date of withdrawal.
The Contractor may withdraw from the agreement by refunding the unused part of any prepayment, in particular if the Client does not provide the access, information or decisions needed for the work.
14. Dispute resolution and governing law
The agreement is governed by the law of Ukraine, regardless of the Client's location.
Disputes are resolved by negotiation. The claim procedure is mandatory: a claim is sent in writing, and the period for considering it is 15 (fifteen) business days.
If no agreement is reached, the dispute is heard by a court under the law of Ukraine.
Correspondence by email from the addresses the Parties used to agree the work is recognised as a proper exchange of documents. The Parties recognise the legal force of such correspondence.
15. Changes to the offer
The Contractor may change the offer unilaterally.
A new revision is published on this page with its date and number and takes effect from publication unless it states a later date.
Obligations already accepted are governed by the revision in force on the date of acceptance. The revision archive is kept and provided on request.
If the Client does not agree with a new revision for services provided on an ongoing basis, they may withdraw from the agreement under clause 13.2.