Public offer – Terms of provision of photography services

1. Legal Information

Individual Entrepreneur Burtova Mariya Oleksandrivna (email: hello@muzychenko.photos), who uses the creative pseudonyms Photographer Mariya Muzychenko, Mariya Muzychenko Photography, or Mariya Muzychenko Team (hereinafter – the Contractor or Photographer), publicly offers individuals, sole proprietors, and legal entities (hereinafter – the Client or Customer) to enter into this Agreement for the provision of photo and related services under the terms set forth below.

This Agreement is a public contract of adhesion in accordance with Articles 633, 634, 641, and 642 of the Civil Code of Ukraine and also complies with EU Regulation 2016/679 (GDPR). The Agreement is considered concluded at the moment of acceptance by the Customer, without the need for a written signed copy.

Acceptance (agreement) means full and unconditional consent to the terms of this Agreement and is carried out by placing an Order via the website form, email, messenger, or phone.

2. Terms and Definitions

Website — the official website of the Photographer: https://muzychenko.photos
Order — the Client’s request for the Photographer’s services, made in any available manner.
Services — photography and related services described on the Website.
Materials — photographs, videos, and other results of the Photographer’s creative work.

3. Rights and Obligations of the Parties

3.1. The Contractor has the right to:

modify the information on the Website, terms of the agreement, service range, and pricing before acceptance;
use the created Materials for personal purposes (portfolio, social media, advertising, exhibitions, etc.) without additional consent from the Customer, unless otherwise agreed in writing;
engage third parties to provide auxiliary services.

3.2. The Contractor agrees to:

provide services in accordance with the description on the Website and the placed Order;
maintain proper technical and artistic quality;
perform photo editing (color correction, retouching, etc.) if agreed upon;
deliver digital images in JPEG format with a long side of at least 3200 pixels;
provide consultations regarding the order and terms of cooperation.

3.3. The Customer has the right to:

request services in accordance with the confirmed Order;
receive the completed services in the agreed manner.

3.4. The Customer agrees to:

review the content of this Agreement and the payment and delivery terms on the Website before placing an Order;
comply with the terms of this Agreement;
accept the provided services and pay for them before or at the time of receipt;
after payment and receipt of the Order, not claim any additional compensation or request information on further distribution, publication, or other use of the Materials.

4. Procedure for Placing an Order

4.1. The Customer independently places an Order on the Website by selecting a specific type of service and submitting the details of the Order through the form, email, or orally via the phone numbers listed on the Website, having previously reviewed the terms of this Agreement.

4.2. Once the Customer selects the list and quantity of services they wish to receive, they complete the required fields and select “Order”.

4.3. The Order is considered accepted only if:

the Customer completes the steps to place the order as specified in 4.1, and the Contractor confirms acceptance. In some cases, acceptance may occur automatically via confirmation sent to the Customer’s email;
if the Contractor does not confirm the order or the Customer refuses it, the Order is considered unplaced and will not be fulfilled.

4.4. The Customer is fully responsible for the accuracy of the provided data and understands the risk of not receiving messages due to incorrect contact information.

5. Use of Images of Minors

5.1. When placing an Order for photographing minors, the Client confirms that they are the legal representative of the child (mother, father, or guardian) and have the right to give consent for the photo shoot, processing, and publication of the photographs.

5.2. Such consent is considered to be granted by both parents unless otherwise stated.

5.3. The Client has the right to prohibit the publication of images of minors in writing, which must be communicated to the Photographer before or at the time of placing the Order.

6. Copyright and Intellectual Property

6.1. All moral and economic copyrights to the created Materials belong to the Photographer.

6.2. The Client receives a personal, non-exclusive license to use the photos for non-commercial purposes.

6.3. Commercial use of the Materials by the Client is only allowed with the Photographer’s written consent.

6.4. The Photographer has the right to use the Materials in their professional activity without limitations in time or geography.

6.5. When publishing photos online or in print, crediting the author is mandatory: Photo: Mariya Muzychenko photography.

7. Payment and Refund Policy

7.1. The total cost of the Order is based on the total price of all requested services.

7.2. The price for each specific service is listed on the Website and may be shown either in the national currency or in its equivalent (Euro). If the price is given in Euros, it is calculated based on the Euro-to-Hryvnia exchange rate on the payment date. Prices listed on the Website may be changed unilaterally by the Photographer. However, the price for an already ordered and paid service cannot be changed.

7.3. Payment is made by the Client in the national currency via a bank transfer to the Photographer’s account upon receipt of the Order (through payment systems) or as a prepayment in an amount agreed upon by the parties. All costs associated with the transfer (including payer’s bank commission fees) are borne by the Client.

7.4. The Photographer has the right to offer discounts on certain services or products and to establish a bonus program. The types of discounts, bonuses, and conditions are published on the Website and may be changed unilaterally by the Seller.

7.5. The Client may request a refund only in cases of failure to meet the quality requirements outlined in clauses 3.2.2 – 3.2.4 of this Agreement. A full refund is only possible if more than 2/3 of the total number of delivered photos do not meet the required quality standards. In other cases, the refundable amount is calculated proportionally to the number of unsatisfactory photos. Refunds are made minus payment system fees. The Client must provide the necessary bank/card details for the refund. Refunds are processed within 10 business days after the Photographer confirms the request. The refunded amount does not include payments made for third-party services such as retouching, styling, makeup, studio rental, etc.

7.6. In case of cancellation of a prepaid Order, a refund is possible only if the cancellation is made at least 5 days prior to the scheduled shoot. Refunds for cancellations made less than 5 days before the shoot are not available.

8. Personal Data and GDPR

8.1. The Photographer processes the Client’s personal data in accordance with the Law of Ukraine "On Personal Data Protection" and EU Regulation 2016/679 (GDPR).

8.2. Data is used solely for the purpose of executing this Agreement. The Client has the right to access, correct, delete, or restrict the processing of their personal data.

8.3. Contact for personal data matters: hello@muzychenko.photos

9. Dispute Resolution

9.1. The parties agree to resolve disputes through negotiation.

9.2. If a pre-trial settlement is not possible, the dispute shall be resolved in court under the jurisdiction of the Photographer’s registered place of business.

Public Agreement (Offer)