Offer Contract – Service Contract
Italiatut hereinafter referred to as “Contractor”, on the one hand, and any natural or legal person intending to use the services of the Contractor listed on the website
, hereinafter referred to as “Customer”, on the other hand, hereinafter jointly referred to as “Parties”, conclude this Contract as follows:
1.Subject of the Contract
1.1 The Contractor undertakes, at the Customer’s request, to render the services listed in the Application separately agreed by the Parties. The Application also contains special conditions of rendering specific services, includes special wishes of the Customer and the cost of services agreed by the Parties.
1.2 The Customer shall execute the Application and calculate the cost of services through the payment button on the website
, or by phone, communication buttons specified on the website, or by exchange of letters via e-mail specified on the website.
1.3 On the part of the Contractor this Agreement is an offer and does not require signing a separate document. The Customer makes acceptance of the present Agreement by putting a special mark “tick” in the personal account at
in the column on acceptance of the Agreement, and making full payment for the cost of services. The present Agreement is considered to be concluded between the Customer and the Executor at the moment of receipt by the Executor from the Customer of the full (100%) payment of the cost of services, specified by the Executor when agreeing the application. In case the additional terms and conditions of services provision, placed in the Customer’s personal cabinet, stipulate a different amount of prepayment, the Agreement shall be deemed concluded from the moment of making the prepayment specified in the additional terms and conditions of services provision.
1.4 Taking into account that the strategy and tactics of services may be adjusted and changed in the course of rendering services, the Parties agree to discuss the change of strategy and tactics verbally or by correspondence. In this case conclusion of additional agreements is not required.
1.5 The Contractor may provide services personally and/or with the involvement of third parties at its own discretion. If the Contractor engages third parties to provide services, the Contractor is responsible for the actions of third parties as for his own.
1.6 The Customer undertakes to pay for the services in due time and in full in accordance with the terms and conditions of this Agreement.
2.Obligations of the Parties
2.1 The Customer is obliged:
2.1.1 Provide in a timely manner, in full, accurate information necessary for the provision of services.
2.1.2. Pay for the Contractor’s services in a timely manner and in full in accordance with the terms and conditions of this Agreement specified in Section 3. In case of delay of payment (part of payment) for 1 day, the Contractor shall have the right to suspend rendering of services under this Contract until the moment of receipt of payment (part of payment).
2.1.3. to use the services of the Contractor in good faith. Do not allow any forms of unfair receipt of services. Unfair receipt of services means:
unreasonable refusal of the agreed and paid services and demanding the return of payment, as a result of which the Customer receives the full or partial result of the services;
negotiating with the Contractor, ordering services, full or partial payment for services, with further refusal of services, when the Customer subsequently bypasses the Contractor for the provision of services to the Contractor’s employees, or to third parties engaged by the Contractor;
any other forms of abuse of the Customer’s rights provided by this Agreement or the law.
2.2 The Customer shall have the right:
2.2.1 Receive from the Contractor all information and documents regarding the subject matter of the Contract.
2.2.2. To demand from the Contractor a full refund within the first seven days, if the format of the service does not suit him or he cannot continue cooperation.
2.3 The Contractor is obliged to:
2.3.1 To start rendering services in due time, but not earlier than the fulfillment by the Customer of payment obligations specified in Article 3 of this Agreement.
2.3.2 Provide qualified services within the terms set forth in this Agreement, within the scope of the subject of the Agreement specified in clause 1.1.
2.3.3. To apply any necessary lawful methods and means when rendering the services.
2.3.4 Notify the Customer of circumstances preventing timely performance of the services.
2.3.5. Ensure safety of the Customer’s original documents received from the Customer in connection with the provision of services.
2.3.6 Upon the Customer’s written request, return the money for the service if the format of its provision does not suit him. But not later than seven days from the moment of the beginning of the service provision.
2.3.7 The Contractor is obliged to ensure the necessary qualification of persons to be engaged for the provision of services.
2.4 The Contractor has the right:
2.4.1 To independently determine the strategy and tactics of rendering the services provided for in this Contract.
2.4.2 Receive from the Customer and its authorized representatives oral and written explanations necessary for rendering the services.
2.4.3 Require from the Customer to provide within the term specified by the Contractor the documents and information required by the Contractor for timely rendering of services in accordance with the terms and conditions of this Agreement.
2.4.4 The Executor at its own discretion appoints and at any time replaces employees and other persons who will be required for rendering services to the Customer. The Customer shall not be granted the right to demand that the services are rendered by a specific employee or a person previously engaged by the Contractor, except for the case when the specific employee or person is specified in the Customer’s application agreed by the Contractor.
3.Cost of services and payment procedure
3.1 When rendering services that fully correspond to the services specified on the Executor’s website, the cost is set in accordance with the price list specified on the Executor’s website. In case the services required by the Customer have peculiarities (in terms of volume, nature of the term, additional services, etc.), the cost of such services shall be determined by the Executor. The final cost of the services stipulated in the application shall be communicated by the Contractor to the Customer at the moment of approval of the application. The cost of services shall be indicated in Rubles and Euros.
3.2 Payment can be made in Euro or other currency, and depends on the chosen method of payment.
3.3 Payment is made at the Customer’s choice by one of the following methods:
3.3.1. By bank card through the payment form on the Contractor’s website.
3.3.2. By transfer to a bank card.
3.3.3. By transfer to the Executor’s bank account. The payment is made in Euro. Bank account details are specified in the last section of this Agreement.
3.3.4 By cash. The payment shall be made in Euro.
4.Responsibilities of the Parties.
4.1 The Contractor shall be liable to the Customer for compliance of the rendered services with the Italian legislation.
4.2 For failure to fulfill or improper fulfillment of other obligations under this Agreement, the Parties shall be liable in accordance with the Italian legislation.
4.3 The Customer shall be liable to the Contractor for the reliability of the documents and information provided. In case the Customer provides unreliable documents and/or information, the Contractor shall be released from responsibility for improper performance of his duties.
4.4 The Contractor’s liability is in any case limited to the amount of money actually received from the Customer.
4.5 In case of violation by a Party of the term for consideration of the claim of the other Party, specified in clause 7.7 of this Agreement, the Party that allowed such violation is obliged to return the money for the undelivered service.
4.6 The Contractor shall not be liable for any consequences for the Customer, including any damage and losses, directly or indirectly related to the Customer’s unilateral termination of this Agreement.
4.7 The Customer shall be liable for the Contractor’s losses (real damage and lost profit). The Executor’s losses include real damage and lost profit, which occurred as a result of the Customer’s unfair receipt of services specified in clause 2.1.3 of this Agreement.
In case of unfair receipt of the Contractor’s services by the Customer, the payment made by the Customer in full remains with the Contractor to compensate for the losses caused (lost profit).
5.1 The Parties shall not be liable for non-fulfillment or improper fulfillment of obligations under this Agreement, if they prove that it occurred due to force majeure circumstances (force majeure), which occurred after the conclusion of this Agreement as a result of extraordinary events that the Parties could neither foresee nor prevent by reasonable measures, and the Parties have taken all possible and dependent on them measures for the proper performance of their duties. Force majeure circumstances include, in particular: military actions, impact of natural forces (earthquake, floods, hurricanes, tornadoes, tornadoes, mudslides, avalanches, volcanic eruptions, etc.), man-made disasters, accidents, fires, decisions of state authorities, strikes, strikes, meetings, riots, mass disturbances, terrorist acts, as well as other circumstances beyond the control of the Parties.
5.2 The Party referring to force majeure shall notify the other Party of the occurrence of force majeure within 3 calendar days from the moment of its occurrence, if the force majeure does not prevent such notification, or within three calendar days from the moment when the obstacles for notification have ceased.
5.3 The Party referring to force majeure shall, not later than 10 calendar days from the moment of its occurrence, send to the other Party the documents confirming the occurrence of force majeure. Such documents may be letters from state and municipal authorities, letters from chambers of commerce, publications in major mass media.
5.4 In case of force majeure, the term of fulfillment of obligations under this Agreement shall be postponed for the period during which such circumstances and their consequences are in effect.
5.5 Upon termination of force majeure circumstances, the Party referring to them is obliged to immediately continue fulfillment of its obligations under the Contract, as well as within 3 days from the moment of termination to notify the other Party that the force majeure circumstances have ceased.
5.6 If the force majeure continues for more than 60 calendar days, all mutual rights and obligations of the Parties shall cease in full. Payment for services, refund of payment, other payments and other compensations in such case shall not be made by the Parties, and it shall not be a violation of the terms and conditions of this Agreement.
6.1 The Parties undertake to observe confidentiality with regard to the information contained in the Contract, any annexes and supplements thereto.
6.2 The Contractor shall have the right to provide third parties with confidential information received by it from the Customer in the course of execution of this Agreement only with the Customer’s consent.
6.3 The confidentiality obligations will not apply to publicly available information, as well as the transfer of information and documents to persons who are engaged by the Contractor to provide services under this Agreement.
6.4. Confidentiality obligations will not apply to the transfer of information and documents to institutions, state bodies, state and commercial organizations, transfer of information and documents to which or interaction with which is provided by this Agreement.
7.1 All disputes that may arise out of or in connection with the Contract shall be resolved through negotiations between the Parties.
7.2 The Parties have agreed that any disputes shall be subject to pre-trial claim procedure of dispute resolution. The Party whose rights are violated shall, prior to appealing to the court, submit to the other Party a written claim (hereinafter referred to as the “Claim”), drawn up in any form, stating its requirements. If necessary, the Claim shall be accompanied by documents confirming the identified violations and documents certifying the authority of the representative of the Party sending the Claim.
7.3 The Customer has the right to address the Contractor with a claim in one of the following ways:
7.3.1. by sending an electronic appeal to the Contractor to the e-mail: email@example.com;
7.3.2. through the Executor’s official website in the personal cabinet.
7.4 The Contractor has the right to address the Customer with a Claim in one of the following ways:
7.4.1. by sending an electronic appeal to the Customer to the e-mail specified in the Customer’s personal cabinet;
7.4.2. personally hand over the Claim to the Customer. The Customer shall be obliged to accept the Claim and put a mark of acceptance on the second copy or a copy of the Claim, which shall contain the date, surname and initials of the Customer, and his signature.
7.5 The claim shall contain an indication of specific violations committed by the Party, with references to the violated clauses of the Contract or violated provisions of the Italian Civil Code, as well as specific requirements. Claims that do not contain an indication of specific violations shall not be considered.
7.6 The Claim may contain the following requirements:
7.6.1. to duly fulfill the obligation provided for in this Contract;
7.6.2. to compensate the guilty Party for the losses caused to the other Party;
7.6.3. to repay the overdue payment debt;
7.6.4. pay the penalty (fine, penalty) stipulated by this Agreement or Italian legislation.
7.7. The Party shall consider the Claim received from the other Party within 30 calendar days from the date of receipt of the Claim in writing. Not later than the specified term, the Party that received the Claim is obliged to provide the other Party with a written response by the means specified in clause 7.3 and clause 7.4 of this Agreement.
7.8 If necessary, the Party receiving the Claim shall have the right to request from the other Party duly executed copies of documents confirming the facts stated in the Claim.
7.9 For proper consideration of the Customer’s Claim and preparation of a response, the Contractor:
7.9.1. involves employees of the Contractor’s competent divisions (technical, legal, calculation, and other structural divisions to obtain clarifications and other additional information) in a comprehensive study of the dispute;
7.9.2. request and receive additional documents (or their copies), explanations and other information from the Customer. Upon the Contractor’s request, the Customer is obliged to provide the information and documents (or copies thereof) requested by the Contractor in order to properly resolve the situation;
7.9.3. conduct a thorough analysis of the received information and explanations in order to form a complete and reliable response to the Claim;
7.9.4. prepare a reasoned written response to the Customer’s Claim.
7.10. Based on the results of consideration of the Claim, the Party may:
7.10.1. recognize the claims set forth in the Claim in full;
7.10.2. recognize the claims set forth in the Claim partially, and deny the remaining part of the claims. If there is a monetary claim, the recognized amount shall be indicated;
7.10.3. to refuse to recognize the claims set forth in the Claim in full.
In case of full or partial refusal to recognize the claims, the response shall specify the reasons for the refusal with reference to the relevant clauses of the Contract, regulatory acts and documents justifying it.
7.11. In case the Parties fail to reach an agreement as a result of negotiations and consideration of the Claim, further dispute shall be resolved in the judicial procedure, which is set forth below.
7.12. The Parties have agreed that Italian law shall generally apply to the rights and obligations of the Parties under this Contract. All disputes arising from this Agreement, as well as directly or indirectly related to it, will be resolved in accordance with Italian law, including substantive and procedural Italian law. International treaties of Italy shall not apply.
7.13. The place of dispute settlement shall be the city of Milan.
8.Other terms and conditions
8.1 The services, which are not stipulated by the application, but agreed by the Parties, shall be specified in additional terms and conditions of rendering services, placed in the Customer’s personal cabinet.
8.2 The Agreement may be amended or supplemented by additional terms and conditions of rendering services placed in the Customer’s personal cabinet.
8.3 The term of rendering services under this Agreement corresponds to the term of rendering of the corresponding ordered service specified on the Executor’s website. In case the Customer’s tasks, stipulated by the agreed application, require the provision of services beyond the term of this Agreement, additional terms of service provision on the extension of the term of this Agreement shall be placed in the Customer’s personal cabinet.
8.4 The Contractor shall have the right to unilaterally amend and (or) supplement this Agreement at any time without prior and (or) subsequent notification of the Customer without agreement with the Customer.
8.5. Changes, cancelations and additions come into force from the moment of their publication on the website https://italiatut.com/.
8.6 The Customer undertakes to familiarize himself regularly with the contents of this Agreement in order to familiarize himself with the amendments made to it in due time. All risks related to failure to familiarize or untimely familiarization with the changes made in this Agreement shall be borne by the Customer.
8.7 The Customer’s continued receipt of services after any amendments to the Agreement shall constitute the Customer’s consent to such amendments and/or additions.
8.8 If the Customer does not agree with the changes and/or amendments to the Contract, he shall notify the Contractor of the termination of the Contract. In this case, the consequences of the termination of the Contract at the initiative of the Customer shall apply.
8.9. The Contract may be terminated (terminated) at any time by either Party unilaterally out of court by sending a written notice to the mailing address specified in the last section of this Contract.
8.10. In case of early termination (termination, refusal of services) of this Agreement at the initiative of the Customer, if the Contractor has started rendering services, the paid service cost is not refunded. If the Executor has not started rendering services, the money paid by the Customer shall be credited to his individual balance, and the Customer may use it to pay for other services of the Executor within one year from the moment of initial payment. If the Customer has not used the money from the individual balance within the specified period, the individual balance in this part shall be extinguished and the money shall be transferred to the property of the Contractor. If the Customer cannot receive the service due to reasons beyond his control (force majeure), and this is confirmed by documents, the Executor shall refund the previously paid money less the cost of the services actually rendered by the Executor.
8.11. Upon termination of this Agreement in case of force majeure, the Customer shall be refunded the previously paid payment less the cost of actually rendered services. The refund of the previously paid cost of services exceeding the cost of actually rendered services and expenses of the Contractor shall be made within 75 calendar days from the date of receipt of the notice of force majeure.
8.12. The expenses actually incurred by the Contractor shall not be the payment for the Contractor’s services and shall not be returned to the Customer under any circumstances.
8.13. Completion of rendering of services under this Agreement does not require drawing up an act. The Contractor, on its own initiative or at the Customer’s written request, has the right to draw up an act and send it to the Customer’s address or e-mail specified in the Customer’s personal cabinet for the Customer’s signature. The Contractor has the right to notify the Customer about the actual termination of services rendering by sending a notice to the address or e-mail of the Customer specified in the Customer’s personal cabinet. If within 10 calendar days from the moment of actual termination of services or from the moment of termination of the term of rendering services specified in clause 8.3. of this Agreement (whichever comes earlier), the Contractor does not receive a statement from the Customer that the services have been rendered improperly, the Parties shall recognize the services as properly rendered and the fact of absence of claims on the quality and quantity of services.
8.14. In all matters not regulated in the Contract, the Parties shall be guided by the Italian legislation.
8.15. The Parties recognize that correspondence by e-mail addresses specified in the Customer’s personal cabinet and on the Contractor’s website in the section with contacts is an appropriate way of sending information and documents. Agreements, acts, notices and other documents may be sent in the form of e-mails, electronic documents signed by electronic digital signature or scanned documents to e-mail. The parties recognize such documents as a proper confirmation of the will of the parties.
9.The Contractor’s requisites
IP KIRYLIUK LIZAVETA
Prospect Europa 15, 20122, Milan, Italy
+ 39 33 18 68 27 95
Tel: +39 028 295 57 40
Tel: + 7 499 49 04 641
Corso Europa 15, Milano
Пн - Пт 10.00 - 18.00
© 2023 Все права защищены | Информация на сайте не является публичной офертой
Tel: +39 028 295 5740
Tel: + 7 499 49 04 641
Corso Europa 15, Milano
Mon - Fri 10.00 - 18.00
© 2023 All rights reserved | The information on the website is not a public offer.
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