This Offer Agreement ("Agreement") is made by and between Individual Entrepreneur PAVEL MALKOV, located in Tbilisi, Georgia ("Contractor"), and any individual or legal entity ("Client") who accepts this Offer.
1. Terms and DefinitionsContractor – Pavel Malkov, an individual entrepreneur providing services in the field of systems analysis, business analysis, and project management.
Client – a legal or natural person who accepts the terms of this agreement and the offer to receive services specified in the agreement.
Services – the work performed by the Contractor at the request of the Client, including the development of requirements, business process analysis, system modeling, project management, and other tasks agreed upon by the parties.
Task Tracker – an online tool used by the Client to manage tasks, where individual tasks or tickets are created and assigned to the Contractor.
Confidential Information – any information transmitted by one party to the other during the execution of this agreement that is considered a trade secret or protected by law.
Acceptance – full and unconditional acceptance by the Client of the terms of this agreement by taking actions aimed at receiving services (e.g., payment of an invoice).
Agreement – this public offer agreement, including all appendices, addenda, and amendments agreed upon by the parties.
2. General Provisions2.1. This document is an official offer (public offer) by Pavel Malkov, acting as an individual entrepreneur (hereinafter referred to as the "Contractor"), to any legal or natural person interested in systems analysis, business analysis, and project management services (hereinafter referred to as the "Client").
2.2. Acceptance of this offer implies the full and unconditional acceptance by the Client of all terms of this agreement without any exceptions or reservations.
2.3. The agreement is considered concluded from the moment the Client accepts this offer.
Subject of the Agreement3.1. The Contractor undertakes, at the Client's request, to provide services in the field of systems analysis, business analysis, and project management, which may include but are not limited to the following tasks:
- Gathering, analyzing, and documenting business requirements.
- Conducting stakeholder interviews and workshops.
- Creating process models, use cases, and functional specifications.
- Designing and optimizing business processes.
- Translating business requirements into technical specifications.
- Collaborating with developers to ensure accurate implementation of requirements.
- Performing gap analysis and risk assessment.
- Conducting system analysis and creating system architecture documents.
3.2. Tasks may be set by the Client via a task tracker in the form of tickets or other similar methods agreed upon by the parties. The Contractor will work on these tasks according to the priorities established by the Client.
3.3. The Client undertakes to accept and pay for the services provided by the Contractor in accordance with the terms and conditions set forth in this agreement.
4. Rights and Obligations of the Parties4.1. The Contractor undertakes to:
- Provide services with quality and within the agreed deadlines.
- Offer consultations and recommendations on issues related to the subject matter of the agreement.
- Maintain the confidentiality of information received from the Client.
4.2. The Client undertakes to:
- Provide all necessary information to the Contractor in a timely manner for the provision of services.
- Accept the services provided and pay for them as set out in this agreement.
- Promptly notify the Contractor of any changes that may affect the performance of services.
4.3. The Contractor has the right to:
- Involve third parties in the provision of services while remaining responsible to the Client for the results of their work.
- Suspend the provision of services in the event of late payment by the Client.
4.4. The Client has the right to:
- Demand proper performance of services from the Contractor in accordance with the terms of the agreement.
- Receive information on the progress of the services being provided.
5. Cost of Services and Payment Procedure5.1. The services are provided on an hourly basis, with the cost per hour specified in the invoices issued by the Contractor.
5.2. The Contractor will issue an invoice at the end of each calendar month, detailing the hours worked and the corresponding amount due.
5.3. Payment for services is to be made by the Client based on the invoice provided by the Contractor, by transferring the due amount to the Contractor's bank account within 10 calendar days from the date of the invoice.
5.4. In the event of late payment, the Contractor has the right to suspend the provision of services until the outstanding amount is fully paid.
6. Liability of the Parties6.1. The parties are liable for violating the terms of this agreement in accordance with applicable law.
6.2. The Contractor is not responsible for the inability to provide services due to the Client's fault, including the provision of incomplete or inaccurate data.
6.3. The Client is responsible for the timeliness and completeness of the information provided, necessary for the provision of services.
7. Confidentiality7.1. The parties undertake to maintain the confidentiality of all information received during the execution of this agreement and not to disclose it to third parties without the prior written consent of the other party, except in cases provided by law.
8. Dispute Resolution8.1. All disputes and disagreements arising from the execution of this agreement shall be resolved through negotiations between the parties.
8.2. If the parties cannot reach an agreement, the dispute shall be referred to arbitration at the Contractor's location.
9. Term and Termination of the Agreement9.1. This agreement comes into effect upon the Client’s acceptance of the offer and remains in force until all obligations under the agreement are fulfilled.
9.2. The Client has the right to terminate the agreement by notifying the Contractor at least 10 (ten) calendar days before the proposed termination date.
9.3. The Contractor has the right to terminate the agreement unilaterally in the event of a violation of payment terms by the Client.
10. Other Provisions10.1. This agreement is executed electronically and has the same legal force as a signed document.
10.2. Any amendments and additions to the agreement are valid only if they are made in writing and signed by the parties.
11. Payment Terms4.1 Payment for the Services shall be made to the following bank account:
4.1.1 Payoneer
Bank name:
Citibank
Bank address:
111 Wall Street New York, NY 10043 USA
Routing (ABA):
031100209
SWIFT code:
CITIUS33
Account number:
70586150001238789
Beneficiary name:
Individual Entrepreneur PAVEL MALKOV
4.1.2 Deel
By e-mail: malarri@gmail.com
4.2 Payments are due within 10 days of the receipt of the invoice.