FOR THE PROVISION OF MOTION AND GRAPHIC DESIGN SERVICES
SOLE PROPRIETOR NOVICHKOVA ELIZAVETA SERHIIVNA, registered in the Unified State Register of Legal Entities, Sole Proprietors, and Public Formations on 09.09.2025, No. 2010350000000872898, hereinafter referred to as the "CONTRACTOR," on the one hand, by this document offers to an unlimited circle of persons, hereinafter referred to as the "CLIENT," to accept this agreement (offer) for the provision of motion and graphic design services.The Offer is a proposal made in accordance with Articles 6, 628, 641, 642 of the Civil Code of Ukraine, the terms of which are the same for all persons. Unconditional acceptance of the terms of the Offer is considered as the acceptance of this Offer (hereinafter — the Agreement or Offer) by the Contractor and the Client, and the Agreement is automatically deemed concluded. An Agreement concluded by the Client through acceptance of the Offer has legal effect in accordance with Article 642 of the Civil Code of Ukraine and is equated with a written agreement.The current version of this Agreement is always posted on the Contractor's Page and is mandatorily available for review by the Client or visitors to the Page until the moment of their acceptance of the terms of the Agreement.
TERMS AND DEFINITIONS1.1. In this Offer, the following terms are used:Acceptance of the Offer – the Client’s full, unconditional, and unreserved consent to accept the terms of the Offer, carried out in the manner specified by this Agreement.Contractor – SOLE PROPRIETOR NOVICHKOVA ELIZAVETA SERHIIVNA, a business entity providing motion and graphic design services.Electronic message – information provided by the Contractor to the Client via telecommunications networks, mobile networks, or via mobile applications (Viber, Telegram, etc.) and email via the Internet, which can be reproduced or saved by the consumer in electronic form.Client – a legally competent individual who has reached the age sufficient for acceptance of rights and/or 18 years, or a legal entity that receives information from the Contractor, orders, purchases, uses, or intends to purchase or order Services from the Contractor for personal needs or in the interests of third parties.Layouts – a file created in a graphic editor considering all necessary requirements for subsequent printing and post-print processes.Content – all information used by the Contractor in the process of providing Services, including data files, texts, software, audio, photo, and video recordings, as well as other images created by the Contractor or third parties engaged by the Contractor to provide services under this Agreement.Animation/Commercial video – a video product created using animation, employing graphic elements and computer graphics for visual representation of a product, service, or brand to attract attention and stimulate consumer interest.Offer – a proposal to a specific party to conclude an Agreement taking into account the stated conditions. Can be in written or oral form. The Offer is considered accepted after its acceptance.Personal data and information – data identifying the Client or third parties in whose interests the Client acts, individually or in combination with other information available to the Contractor.Services – a set of paid Services listed on the Page, which can be received by the Client under the conditions, in the manner, and procedure regulated by this Agreement. Services are provided in the form of Events proposed and/or implemented by the Contractor. The service result is a layout or animated video.Page – a web page on the Internet at https://novich-design.com, which is the primary source of information for Clients.
SUBJECT OF THE AGREEMENTThe subject of the Agreement in terms of work is the creation of motion and graphic design objects according to the Client's order and work tasks. Motion design objects include, but are not limited to: various animated elements that use motion and visual effects to convey information or create an emotional impact, logos and branding, animated videos (e.g., explanatory videos or advertising campaigns), user interfaces (UI) in mobile and web applications, as well as visual effects for cinema, television, and games. Graphic design objects include, but are not limited to: illustrations; corporate identity; color schemes; typography; graphic solutions for real and visualized constructive activities; design projects; banners, social media posts, advertising presentations; book, catalog, brochure, leaflet, poster, banner, web page layouts; advertising and publishing activities, packaging; video animation, video advertising, video presentations; infographics; interior design; clothing design; other design objects (if necessary – a pre-agreed list of objects developed by the Contractor and Client).Service provision conditions, referenced on the Page, are equivalent to the service provision conditions stated directly on the Contractor's Page. The main conditions and scope of work are fixed in the Technical Task.This Agreement governs the provision of only those Services for which information is specified on the Page.The date of the Agreement conclusion (acceptance of the Offer) and the moment of full and unconditional acceptance by the Client of the Agreement terms is the date of payment for the Services.The Contractor has the right to involve third parties in providing services without additional agreement with the Client. In any case, responsibility for the quality, scope, and timeliness of service provision to the Client rests with the Contractor.
GENERAL PROVISIONSThis Offer defines all essential terms of the Agreement between the Contractor and the Client. If information posted on the Page contradicts the terms of this Offer, the terms of the Offer shall apply.The Client accepts this Offer only with full agreement to all its terms and recognition of its conditions as fair and not restricting the Client’s rights.Payment for services is considered unconditional acceptance (acceptance) of this Offer by the Client.The Agreement is considered concluded from the moment the Client accepts the terms of this Offer.Relations between the parties are governed by the Civil Code of Ukraine.
TERMS AND RULES OF ACCEPTANCE OF THE AGREEMENT (OFFER)Unconditional acceptance of this Offer is the Client performing any of the following actions:4.1.1. Making an advance payment for the Contractor's services under the terms and procedure specified in this Agreement;4.1.2. Full or partial payment for Services made by the Client in any manner in accordance with part 2 of Article 642 of the Civil Code of Ukraine;4.1.3. Confirmation via electronic communication (including email) of the type of Services/Events chosen by the Client;4.2. By accepting the terms of the Agreement (Offer), the Client confirms that they have the legal capacity and authority to accept this Agreement, are capable of fulfilling its terms, assume responsibility for violations, have reviewed the Agreement in full, accept all its terms without any deletions or limitations, agree and undertake to comply with its terms; accept all terms in full and consent to the processing of personal information provided to the Contractor in accordance with the terms and procedure set forth in this Agreement.
5. PROCEDURE FOR PROVIDING SERVICESWithin this Agreement, the Contractor provides Motion and Graphic Design Services. The Client independently assesses the feasibility of practical use of layouts and animated videos obtained in the course of service provision under this Agreement. The Contractor is not responsible for any negative consequences caused by the Client’s practical use of layouts and materials received as a result of the Contractor’s Services.
Information regarding the content of specific Services, access conditions to the Content, and other data or requirements that must and/or may be communicated to the Client under this Agreement or legal requirements are considered properly communicated if at least one of the following conditions is met:5.2.1. Published on the Page.5.2.2. Communicated to the Client via electronic messages sent by the Contractor through the Internet to the Client’s email or via mobile applications to the Client’s phone.5.2.3. Printed in advertising and informational materials of the Contractor provided to the Client during the provision of Services under this Agreement.5.2.4. Communicated to the Client upon their inquiry through the Contractor’s contact addresses and phone numbers.5.2.5. Published by the Contractor on social media pages.5.2.6. Communicated to the Client by other means available to the Contractor, including telephone communication.
The Client is prohibited from:5.3.1. Distributing any source files (working materials in .ai, .psd, .aep, .fig formats, etc.) created by the Contractor without written consent;5.3.2. Using objects of graphic and motion design created by the Contractor for commercial purposes not specified in this Agreement, including resale, transfer to third parties, or creating new works based on them without the Contractor’s consent;5.3.3. Distributing objects of graphic and motion design created by the Contractor as source files, as well as making them available for download by third parties in any way;5.3.4. Disseminating false, misleading information that defames the Contractor’s honor, dignity, or business reputation.
If the Client makes payment for third parties who will directly participate in the project, the Client undertakes to send the Contractor a list of persons, certified by signature and, if available, the Client’s seal, whose participation is paid for. The Client guarantees that third parties receiving Services at the Client’s expense will comply with this Agreement and bears full responsibility for violations by these third parties.
The Client agrees that the Contractor has not included terms in the Agreement that are unfair as specified in Article 18 of the Law of Ukraine “On Consumer Rights Protection.” The Client acknowledges that the Contractor did not provide unclear, ambiguous, or misleading information necessary for a conscious choice, nor engage in activities that mislead or exert aggressive influence. These terms do not apply to lawful advertising, including statements or expressions not to be taken literally.
The Client agrees that before concluding the remote Agreement, the Contractor provided full information in accordance with part 2, Article 13 of the Law of Ukraine “On Consumer Rights Protection.”
The Client agrees that they received necessary, accessible, reliable, and timely information about Services, allowing a conscious and competent choice in accordance with Article 15 of the Law of Ukraine “On Consumer Rights Protection,” and that the information was provided before purchasing the ordered Service.
6. AGREEMENT PRICE AND PAYMENT PROCEDURE6.1. The final cost and payment conditions of ordered Services are determined by the Contractor.6.2. Upon request, the Contractor may provide the Client with primary accounting documents in paper form at the Contractor’s place of business.6.3. The total cost of Services is established unilaterally by the Contractor. The set cost and conditions remain valid until the next change.6.4. Services ordered by the Client are paid via non-cash payment using details sent by the Contractor to the Client’s email or via mobile applications.6.5. The Client must make 100% prepayment of the ordered Service in a single payment and accept the provided Services in full and in quality.6.6. The Client’s financial obligations under the Agreement are considered fully performed from the moment the Contractor receives payment for all ordered Services.6.7. Service prices are indicated on the Page, including all taxes and fees under Ukrainian law.6.8. If Services are not paid in full according to the Agreement, the Contractor reserves the right to suspend the provision of Services.6.9. Generally, prepayment is non-refundable. In case of non-provision of Services by the Contractor, the Contractor returns the prepayment proportionally to the cost of unprovided Services upon receiving a written request from the Client.6.10. The Agreement price consists of all sums paid by the Client, including the cost of Services and, if additional services/materials are ordered, the cost of additional services and materials.
7. RIGHTS AND OBLIGATIONS OF THE PARTIES7.1. The Contractor is obliged to:7.1.1. Provide the Client with Services under the conditions, procedure, and terms established by this Agreement;7.1.2. Notify the Client of any changes regarding the schedule or other conditions of Service provision in the manner defined by this Agreement;7.1.3. Provide the Client with complete and accurate information regarding the terms and procedure of Services provided by the Contractor;7.1.4. Not disclose the Client’s personal data or other information related to the Client’s personal data obtained in connection with the performance of this Agreement;7.2. The Contractor has the right to:7.2.1. Require the Client to pay for the selected Services according to the terms of the Agreement;7.2.2. Refuse to provide Services or terminate the Agreement due to improper performance by the Client of obligations under this Agreement, gross or systematic (more than twice) violations of rules of conduct, as well as in case the Client disseminates in any form information that is illegal, offensive, defamatory, threatening, discrediting, or otherwise affects the feelings of other Clients, the Contractor, or third parties involved in providing Services under this Agreement, or violates intellectual property rights of owners and/or other conditions of this Agreement. In this case, the cost of paid Services is not refunded and is considered a penalty for violation of the Agreement terms;7.2.3. Require the Client to compensate for damages and losses (material and moral) caused to the Contractor unless it is proven that the damage was not caused by the Client;7.2.4. Process the Client’s personal data during the conclusion and performance of the Agreement in accordance with the Law of Ukraine “On Personal Data Protection” based on the Client’s consent. The Contractor has the right to use the Client’s data provided in any manner not contrary to the legislation of Ukraine;7.2.5. Engage third parties to provide Services to the Client without agreeing such actions with the Client;7.2.6. Send organizational, technical, advertising, or other messages to the Client’s email or phone without time restrictions, unless the Client withdraws consent by sending a corresponding letter to the Contractor’s email;7.2.8. Consult the Client regarding ordering/confirming/paying for Services, including contacting the Client directly at the provided email/phone number;7.2.9. Require the provision of information and materials necessary for the creation of motion and graphic design objects.7.3. The Client is obliged to:7.3.1. Make timely and full payment for Services to the Contractor according to the conditions of this Agreement;7.3.2. Provide the Contractor with accurate personal information. In case of changes to phone number, personal data, contact details, or other information necessary for proper Service provision, the Client must inform the Contractor on the day the changes occur.7.4. The Client has the right to:7.4.1. Receive Services from the Contractor according to the procedure, terms, and conditions provided in this Agreement;7.4.2. Receive complete and accurate information about the conditions and procedure of Service provision from the Contractor;7.4.3. Receive explanations from the Contractor regarding the content of this Agreement and any of its terms;7.4.4. Demand proper treatment and respect from the Contractor and its representatives;7.4.5. Order additional Services subject to additional payment according to the Contractor’s rates;7.4.6. Demand the Contractor’s compliance with all provisions of the Agreement;7.4.7. Receive any information regarding the Contractor’s activities that is not considered confidential by the Contractor.
8. PROCEDURE FOR SUBMITTING CLAIMS/COMPLAINTS8.1. If the Client has claims/complaints regarding the quality of Services provided by the Contractor under this Agreement or other issues arising from the Contractor’s Services, the Client may submit a written request/complaint/claim via address, phone, or email indicated in this Agreement.8.2. In case of defects in the provided Service, the Client has the right within the period specified in this Agreement to require, at their discretion:8.2.1. Free correction of defects in the provided Service within a reasonable time, but not more than 30 calendar days from the Contractor’s receipt of the Client’s claim;8.2.2. Refund of the cost of Services provided in violation of this Agreement’s terms.8.3. The Contractor reviews the claim and sends the Client a response to the email provided by the Client during registration within a reasonable time, but no more than 30 calendar days.
9. CONFIDENTIALITY AND PERSONAL DATA9.1. Confidentiality conditions in this Agreement apply to all information the Contractor and Client may obtain from each other during the provision of Services. Information publicly disclosed by the Contractor and Client during the performance of this Agreement, or obtainable from publicly available sources, is not confidential.9.2. The Contractor takes all necessary measures to protect Client personal data from unauthorized access, alteration, disclosure, or destruction.9.3. Any product (result) obtained from the provision of Services will be provided by the Contractor assuming it will serve only the Client’s personal interests and informational needs.Services are provided under the assumption that the Client will not reproduce intellectual property objects used by the Contractor in any form or on any medium without prior written consent, which may be provided under certain conditions.9.6. Obligations regarding confidentiality or non-use of information obtained during Services do not apply to publicly available information.9.7. The Client acknowledges they cannot provide any product (result) obtained from Services to third parties with any distortion of the agreed method, content, or form of provision.9.8. By providing personal data, the Client gives the Contractor and its partners, if involved in Service provision, voluntary consent to process, use (including transfer), and perform other actions under the Law of Ukraine “On Personal Data Protection” without time limitation.9.9. The purpose of processing the Client’s personal data is to implement service relations, facilitate the Contractor’s commercial activity, comply with Ukrainian legislation, conduct statistical research, and other service-related purposes.9.10. The Contractor undertakes not to disclose information received from the Client. Transfer of information to contractors or third parties to implement the Agreement or legal requirements (consumer protection, advertising, marketing) is not a violation. The Client also consents to the transfer of data to banks, financial institutions, and other third parties at the Contractor’s discretion when disclosure is required by law or necessary for the Agreement.9.11. The Client consents to call recording when contacting the Contractor’s official phone numbers, storing the recording, and using or distributing it in case of disputes.
10. TERM. CONDITIONS FOR AMENDMENT AND TERMINATION OF THE AGREEMENT10.1. The Agreement is effective from the moment of acceptance of the Offer and remains valid until the Parties fulfill their obligations or the Agreement is terminated.10.2. The Agreement may be terminated:10.2.1. By either Party in cases provided by Ukrainian law and/or the Agreement;10.2.2. By mutual agreement of the Parties.10.3. Termination by the Client or withdrawal of the Offer acceptance does not obligate the Contractor to return funds actually spent on providing Services.
11. LIABILITY OF THE PARTIES11.1. The Parties bear liability under this Agreement and Ukrainian law for non-performance or improper performance of their obligations.11.2. The Contractor is not liable:11.2.1. For non-performance or improper performance due to the Client providing incomplete, inaccurate, or outdated data;11.2.2. For missing agreed Service deadlines not caused by the Contractor;11.2.3. For damage or losses caused by the Client’s use of layouts or materials obtained from Services;11.2.4. For the Contractor’s inability to provide Services due to computer network or power failures;11.2.5. In other cases provided by law and/or this Agreement.
11.3. If the Contractor does not start or delays Services, liability is limited to extending the Service period.11.4. Liability to the Client and third parties is limited to the fee paid by the Client for the Services. In case of incomplete provision due to the Contractor, the Client may require a proportional refund. The Contractor does not compensate for lost profits or indirect damages.11.5. The Contractor is released from liability for incomplete or improper Service provision if the Client fails to meet any Agreement condition. The Contractor may refuse Services for failure to fulfill prior obligations.11.6. Parties are released from liability for force majeure events that objectively prevent obligations, including war, armed conflict, terrorism, strikes, natural disasters, epidemics/pandemics, extreme weather, regulatory restrictions, and other uncontrollable circumstances.11.7. A Party affected by force majeure must notify the other Party within 10 days and provide official confirmation within 30 days. Acceptable confirmation includes documents from the Chamber of Commerce of Ukraine or other competent authorities.11.8. If force majeure continues for more than 90 days, either Party may propose amendments or terminate the Agreement. Termination does not entitle either Party to claim damages.11.9. Force majeure does not exempt payment for Services already provided.11.10. The Contractor is released from liability for technical failures (power/network outages, software/database failures, payment system failures) and other situations beyond control affecting Service provision.
12. OTHER CONDITIONS12.1. The Offer becomes effective upon publication on the Page and remains valid until withdrawn.12.2. The Contractor may unilaterally amend or withdraw the Offer at any time. Changes take effect upon publication unless another term is specified.12.3. All issues not regulated by the Agreement are governed by Ukrainian law.12.4. Disputes are resolved through negotiations or, if unresolved, submitted to the court under Ukrainian law.12.5. Pre-trial dispute resolution is mandatory.12.6. Any notices required or desired under this Agreement must be in writing, in Ukrainian, and sent by email, phone, or registered mail with acknowledgment.12.7. The Agreement constitutes the entire agreement. No obligations outside this Agreement are assumed unless documented and signed by both Parties.12.8. Invalid or illegal provisions do not affect the validity of other provisions.
13. CONTRACTOR ADDRESS AND DETAILSCONTRACTOR
INDIVIDUAL ENTREPRENEURNOVICHKOVA ELIZAVETA SERHIYIVNA
Tax ID Code: 3257612187
Bank Account: UA443220010000026008360031697Bank: UniversalbankSingle tax payer, Group 3
Address: Ukraine, 69121, Zaporizhzhia region,Zaporizhzhia