The following general Terms and Conditions of contract (hereinafter referred to as “GTC’s”) regulate the contractual relationship between the Client and “I/E NATALIA SPIRIDENKOVA” (“Service Provider”), registration number 322748559. These GTC’s are available on the website: spiridenkova.com/gtc (“the Website”). The “Client” shall mean the person in whose name the booking of the services is made and shall include the person or persons on whose behalf these services are provided.
- General Conditions
1.1 If the Client wishes to purchase a product/service from Service Provider on the Website, the Client concludes an order and payment procedure on an internet page reached by following the payment link provided by the Service Provider. The full or partial payment made by the Client indicates that the Client has accepted the public purchase offer, and the contract between the Client and Service Provider is concluded (“the Contract”).
1.2 By using Service Provider’s services, the Client agrees to accept these terms and conditions.
1.3 If the Client disagrees with any part of the terms then they may not use the Service.
1.4 Following definitions are used in these GTC’s:
2. Description of the Services
- Client - any legally capable person, resident or non-resident, who has visited the Service Provider's Website and has accepted this public offer in his own interest, or acting for and on behalf of another person, whose legal representative he is. The Client shall be responsible for the accuracy of the information provided.
- Website - information resource available on the Internet at https://spiridenkova.com/
- Contract - the legally binding contract between the Client and the Service Provider based on these GTC’s.
- Services - marketing services offered by Service Provider.
- Materials – any information plus graphic, audio and video materials provided by Client for Service Provider to accomplish Services. Materials describe Client’s services, their unique selling points and the Offers that can be used for Campaign. Materials also include logins and passwords for services and/or Accounts crucial for execution of Services. Normally Materials are transferred to the Service Provider via filling out the brief Service Provider provides.
- Content – any images, videos or text, provided by Service Provider to be used during the execution of Services.
- Post – a publication in social media, which is a combination of a text and/or an image/video.
- Creative – image, video or text, created by Client based on Content and used for digital advertising Campaign.
- Campaign – a setting of the corresponding software which allows Service Provider to show Client’s Content and Offers to the audience.
- Landing Page – a web page designed to promote the services and/or product Client provides to his customers and/or to create an image for Client’s business.
- Lead – a contact information (e.g. phone number, email, etc) provided by a Client’s Landing Page visitor.
- Offer – a value proposition that shows the Client’s potential customer the benefits of the Client’s services and / or invites the Client's potential customer to contact the Client to receive services.
- Plan – a document which specifies the dates when Posts based on Content should be published and describes the logic behind posting.
- Account – Client’s official page in a given social network or an account for system administration, such as CMS or advertising software.
- UTM – bits of text added to a link which allows to trace the origin of customers buying Client’s products.
Service Provider provides the Client with Services being actions necessary for promotion of Client’s products in a timely, efficient and professional manner and in accordance with the Requirements Client provides (these actions to be referred to as «Services»).3. Duration of the Provision of Services
The Agreement between the Client and Service Provider will be effective for one (1) calendar month.4. Providing of Services
4.1 The Service Provider shall provide Services to the Client under these GTC’s in accordance with the Products selected by the Client.
4.2 The Service Provider shall not be liable for the improper performance and non-performance of her obligations under these GTC's if the Client provides untrue contact details required by the Service Provider for the provision of Services under these GTC's.5. Rights and Responsibilities
5.1 The Parties are obliged:
- Not to disclose the information specified in the Agreement, and documents relating to the Agreement, without the prior written consent of the other Party, except for the exceptions provided for in the Agreement;
- Provide the other Party with complete information on which the execution of the Agreement by the Parties depends.
5.2 Client is obliged:
- To transfer the Materials to Service Provider prior to the start of the relevant stage of the Services;
- Accept the Services within the timeframes the Parties agreed on;
- Pay for the Services in the manner and on the terms provided in this Agreement.
5.3 Service Provider is obliged:
- To provide to Client description of Services;
- To perform the Services in a quality, timely manner and in full compliance with the terms of this Agreement.
5.4 Client has the right to check on the progress and the quality of Services at any time without interfering with the activities of the Service Provider.
5.5 Service Provider has the right not to start Services, suspend the started Services and demand compensation for losses if the Client’s violation of his obligations under this Agreement impedes the execution of Service Provider’s duties or if it is obvious that the Client will not fulfill his obligations within the established time limit.
5.6 Service Provider has the right to hand over the work ahead of schedule.
5.7 Service Provider has the right to mention her work for the Contract in her media resources, such as websites or profiles on social networks and use it as a case.6. Payment
6.1 Client will pay Service Provider individually agreed compensation amount as payment for the services Service Provider provides. VAT is not charged in accordance with the Tax Code of Georgia.
6.2 The payment needs to be received by the Service Provider a day ahead of the beginning of providing Services.
6.3 Any late payments will incur an amount equal to 1 percent (1%) of the remaining unpaid balance for each day of delay due for Service Provider.
6.4 Client has the right to pay via transferring the payment to Service Provider’s account according to the invoice or by card to the system that Service Provider uses for payments processing.
6.5 If within 3 natural days from the date Services were delivered no written reasoned refusal was sent, Parties consider that the Services are accepted. The Client doesn’t have the right to claim a refund.
6.6 The date of payment is the date when the funds were sent from the Client's account. If any problem with the delivery of the funds occurs, Client will provide a bank statement reflecting the transfer details so that Service Provider can clarify the transfer status with the bank.
7.1 If Service Provider does not complete her obligations within the timeframe specified in these GTC’s, Service Provider will pay Client a fee of 1% (one percent) of the cost of services for each day of delay.
In case the delay was caused by the delay in the providing of Requirements or corresponding Materials/Content from Client, no fee will be charged from Service Provider.
7.2 If Client does not complete his obligations within the timeframe specified in the agreement between Parties, the delay in payment will incur an amount equal to 1 percent (1%) of the remaining unpaid balance for each day of delay due for the Independent Service Provider.
7.3 The Client takes on full responsibility and risks associated with the use of the information and materials provided by the Service Provider within her performance of the obligations under these GTC's.8. Personal data
8.1 By accepting these GTC's, the Client gives his consent to the processing of his personal data by the Service Provider provided by the Client. The Service Provider shall notify the Client about the use of personal data in the course of the registration on the Website performed with or without the use of automated means, including collection, recording, systematisation, accumulation, storage, clarification, extraction, use, transfer, provision, depersonalisation, blocking, deletion, destruction of data in order to perform her obligations. The period of use of the personal data provided by the Client shall be indefinite.
8.2 The Client shall have the right to delete the personal data by giving a written or e-mail notification to the Service Provider.
8.3 The Client consents to receive newsletters and advertisements from the Service Provider to the email address and contact telephone number indicated by the Client when registering. Consent to receive newsletters and advertisements can be withdrawn by the Client at any time by sending an appropriate notice to the Service Provider.
8.4 Service Provider and Client agree that the details of this Agreement will not be shared with third parties without written permission of the other Party. Both Parties will maintain and preserve the confidentiality of the sensitive information.
8.5 ServiceProvider has the right to mention her work for the Contract in her media resources, such as websites or profiles on social networks and use it as a case.
The obligations of the Parties regarding confidentiality and non-disclosure of information do not apply to publicly available information.
If one of the Parties allows the disclosure of confidential information, it will compensate the other Party for the incurred and documented losses.
8.6 Client's images cannot be used by the Service Provider in ways that discredit Client’s honor, dignity and business reputation.9. Other important terms
9.1 The Service Provider may cancel the Contract by giving the Client notice in writing (whether by email or otherwise) for any reason at any time. If the Service Provider cancels the Contract pursuant to this clause she will refund the price paid by the Client for the relevant Service or part of Service.
9.2 The Service Provider may also cancel the Contract at any time, without liability if:
The Client breaches this Contract (but not if it’s a trivial breach); or
The Service Provider is unable to provide the relevant Service in full due to a reason beyond its reasonable control.
9.3 The Contract may be terminated at the initiative of the Client.
9.4 Each of the clauses of these GTC’s operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
9.5 These GTC’s shall apply in all countries of the world and on the Internet.
Parties agree that Client will be the owner of the Creatives, Social media accounts and Campaigns. Service Provider has the right to use the materials he develops for Client in his portfolio, mentioning Client's Account.
9.6 Client agrees that he has all the required legal rights for all the Materials and Content he provides to Service Provider and owns the legal rights to the results of intellectual activity, photo and video materials used by the Service Provider under the Agreement. In the event that claims or lawsuits are brought against Service Provider in connection with the use of such results and/or materials (e.g. regarding Content, Materials, Landing Pages, Creatives, Posts or Campaign), Client undertakes to settle all claims and take the necessary actions to exclude costs and losses from Service Provider. In case of documented expenses and/or losses incurred by Service Provider, Client shall reimburse them in full. Under no circumstances Service Provider is to bear the costs associated with any claims and/or issues regarding the ownership for the Materials/Content provided by Client and used in Works.
9.7 All disputes and disagreements between the Parties are to be resolved via the process of negotiations. If it is impossible to resolve issues this way, the dispute is subject to consideration by the Tbilisi Arbitration Court in accordance with the legislation of Georgia.10. Payment details
located at Georgia, Adigeni district, village Untsa, «sakhltan»
Account With Institution: Credo Bank
Account number: GE42CD0360000028320604
Account holder name: Natalia Spiridenkova
Bank Address: JSC CREDO BANK, R.TABUKASHVILI STR, 27, BUILDING N5, MTATSMINDA DISTRICT, TBILISI, Georgia