Terms of Service

Contractor: ФОП Гаталович Олександр Олександрович, RNOKPP 3965902319. Place of registration and actual residence: 90223, Ukraine, Zakarpattia region, Berehove district, Koson village, vul. Barabash 77.

Commercial brand: “HatalyX”. Contacts: hatalyxweb@gmail.com, +380 99 454 1071, Telegram @Hata_073.

These Terms apply to services for designing, developing and delivering digital products: websites, digital (QR) menus, landing pages, accommodation websites and the related administrative interfaces.

The hatalyx.com website is an informational resource. The prices shown on it are indicative starting prices and do not constitute a public offer within the meaning of Article 633 of the Civil Code of Ukraine.

The contractor's services are intended primarily for sole proprietors, legal entities, organisations and other clients acting for purposes related to their business or professional activity.

If a client nevertheless qualifies as a consumer under the law, the mandatory provisions of Ukrainian consumer protection legislation prevail over any provision of these Terms that conflicts with them. Nothing in these Terms is to be read as limiting a consumer's statutory rights.

Cooperation begins with agreeing an individual proposal (order) containing the material terms: the scope of work, the price, the indicative timeline, the payment arrangements and the deliverables.

The contract is concluded when the client accepts that proposal in a manner that allows the content of the declaration of intent to be established, including by exchange of electronic messages (e-mail, messenger) under the Law of Ukraine “On Electronic Commerce” No. 675-VIII.

Making an advance payment constitutes acceptance only where the client has previously received a proposal (order) containing the material terms listed above. Payment does not constitute acceptance of terms the client had no opportunity to review.

These Terms are available on the website before the contract is concluded, so the client can review and save them.

The actual scope of work, price, timeline, payment schedule, deliverables, extent of subsequent support and extent of rights granted for a specific project are determined by the individual proposal (order).

Where an individual order lawfully differs from these general Terms, the individual order governs that specific project. Mandatory provisions of law apply in all cases.

The client provides, in good time, the materials and information needed for the work (texts, images, logo, product or dish data, prices, access credentials) and gives feedback within a reasonable period.

If the provision of materials or approval is delayed on the client's side, the delivery timeline is extended accordingly. The contractor is not liable for delay caused by a lack of client cooperation.

Prices are stated in Ukrainian hryvnia (UAH). Prices shown on the website are indicative starting prices; the final price is fixed in the individual order.

The contractor is on the simplified taxation system (single tax, group 3, 5% rate) and is not a VAT payer (Articles 293.3(2) and 297.1(3) of the Tax Code of Ukraine). Prices are stated without VAT; no separate VAT is added and no VAT invoice is issued.

The package price does not include the cost of separate third-party services required for the project to operate (in particular domain name, hosting, transactional e-mail, SMS, payment or booking services), unless the order expressly states otherwise.

Payment arrangements and deadlines are set in the individual order. The website does not accept payments: there is no card payment, automatic debit or recurring billing.

Work usually starts after payment of an advance in the amount set by the individual order. Such a payment is an advance payment and is not a deposit (завдаток) within the meaning of Articles 570–571 of the Civil Code of Ukraine, unless the parties expressly agree otherwise in writing.

If cooperation ends early, the contractor may retain the part of the amount paid that corresponds to the work actually performed and to reasonably incurred costs. The remainder is returned to the client in accordance with the order and applicable law.

Indicative timelines are set in the individual order and depend on the scope of the project and the timeliness of the client's cooperation.

If the client requests changes beyond the agreed scope, those changes are recorded as a separate addendum to the order, with a corresponding adjustment of price and timeline.

Once the work is complete, the contractor delivers the result for review. The client checks, within a reasonable period, that the result matches the agreed order and reports any defects found.

The contractor is responsible for the conformity of the delivered result with the agreed order and specification.

Verified defects attributable to the contractor are corrected free of charge within the warranty period set in the individual order, or, where no such period is set, within the periods established by law.

The warranty does not cover defects caused by: independent modification of the code or content by the client or a third party; use other than as intended; discontinuation of, or changes to, third-party services and interfaces (APIs); or operation in an unsupported environment. This limitation applies only to the extent it is lawful.

The contractor does not guarantee uninterrupted and error-free operation of infrastructure supplied by independent providers.

Ongoing technical support is not automatically included in the project price. The scope, duration and price of support are set separately in the individual order or by separate agreement.

Services of independent providers may be used for the project to operate (hosting, domain, e-mail delivery, messengers, booking services, and so on). Such services are supplied on the relevant provider's own terms.

The contractor is not liable for outages, changes to terms, pricing or policies, or discontinuation of service on the side of an independent provider.

This exclusion does not apply where the damage results from the contractor's own attributable act or omission, including an incorrect integration or configuration for which the contractor was responsible.

The client warrants that it holds the rights necessary to use the materials it supplies to the contractor (texts, photographs, logos, trade marks, product, dish and price data) and that using them in the project does not infringe the rights of third parties.

The client is responsible for the accuracy of such information. This provision does not relieve the contractor of liability for its own unlawful conduct and does not apply where the contractor knowingly participated in unlawful activity.

Where the website created processes the personal data of the client's end users (for example booking requests or enquiries submitted through a form), the controller of that data is normally the client, since the client determines the purposes and means of processing.

The contractor may act as a processor only to the extent that it actually processes such data on the client's documented instructions. The precise allocation of roles depends on the architecture of the project and is determined separately.

Where a controller–processor relationship arises, the parties conclude a separate data processing agreement (see the corresponding document on this website), which becomes applicable once incorporated into the agreement for the specific project.

Each party undertakes not to disclose the other party's non-public information learned in connection with the cooperation, including passwords and access keys, commercial information, project materials and internal documentation.

This obligation does not extend to information that: is publicly available without breach of a confidentiality obligation; was lawfully known to the party beforehand; or must be disclosed under the law or at the request of a competent authority.

This general provision does not replace a separately negotiated non-disclosure agreement where one exists between the parties.

The client's materials remain the property of the client or of the relevant rights holder.

Economic rights in results created specifically for the project transfer to, or are licensed to, the client in the scope set by the individual order, upon full payment.

The contractor retains rights in its own reusable components, libraries, template solutions, methodologies and know-how that were not created exclusively for this project. The client receives the right to use them as part of the delivered result.

Third-party open-source software and third-party materials are used under their respective licences. The contractor does not transfer rights it does not hold.

Whether source code and project files are handed over, and the scope of any licence, is determined by the individual order.

Unless otherwise agreed, the contractor may state the client's business name, link to the project's publicly available website, and show publicly available screenshots as an example of completed work.

This right does not extend to confidential information, non-public materials, trade secrets, the client's private data, or end users' personal data.

The parties are liable in accordance with the legislation of Ukraine.

In relations with clients acting within their business or professional activity, the contractor's aggregate liability under a given order is limited to the fee actually paid by the client for that order — but only to the extent such a limitation is permitted by mandatory provisions of law.

Under Article 614(3) of the Civil Code of Ukraine, a transaction that cancels or limits liability for an intentional breach of an obligation is void. The limitation above therefore does not apply to an intentional breach by the contractor.

Likewise, liability that cannot be limited by law is not limited, in particular liability for harm caused to the life or health of an individual, and liability towards consumers within the scope of mandatory provisions.

Any exclusion of liability for lost profit, indirect or consequential damages and loss of data applies only to the extent such exclusion is permitted by law.

The contractor does not guarantee that particular commercial results will be achieved: search engine positions, traffic levels, revenue, numbers of bookings, orders or customers, or conversion rates, unless expressly agreed separately.

This provision does not relieve the contractor of liability for improper performance of its contractual obligations.

A party is released from liability for non-performance or late performance where this is the direct consequence of force majeure circumstances that made performance impossible or substantially more difficult, including hostilities, a state of emergency, natural disaster, prolonged power or communications outages, and large-scale infrastructure failures.

The mere existence of such circumstances does not release a party from liability: there must be a causal link between the circumstance and the non-performance.

The affected party notifies the other party without delay and takes reasonable steps to mitigate the consequences. Performance deadlines are extended for the duration of the relevant circumstances.

Either party may end the cooperation in a manner that records the declaration of intent, including in writing or by electronic means of communication.

On termination, the parties settle for work actually performed and reasonably incurred costs; issued unpaid invoices fall due.

The contractor hands over the client's materials and, to the extent set by the order, the existing work results, access credentials and project data. Confidentiality obligations survive termination.

Unjustified forfeiture of funds or materials belonging to either party is not permitted.

These Terms and the relationship between the parties are governed by the law of Ukraine.

The parties will seek to resolve disputes through negotiation. Failing agreement, the dispute is resolved by a court in accordance with the legislation of Ukraine.

If the client is a consumer, this section does not deprive them of their statutory rights, including those concerning jurisdiction and remedies.

The contractor may amend these Terms. Amendments take effect for the future and apply to orders concluded after they enter into force.

A contract already concluded for a specific project is not amended unilaterally without a proper legal basis or the agreement of the parties.

These Terms are published in Ukrainian, Hungarian and English. The versions are materially equivalent. If, to the extent permitted by law, an unintended discrepancy between versions is found, the Ukrainian version prevails, since the relationship between the parties is governed by the law of Ukraine.

If any provision of these Terms proves invalid, this does not affect the validity of the remaining provisions. The invalid provision is replaced by the rule closest in meaning that is permitted by law.

Send enquiries, comments and complaints to hatalyxweb@gmail.com or call +380 99 454 1071. We review enquiries within a reasonable period, or within any mandatory period established by law.