Public offer for architectural services

1. General provisions and definitions

1.1. This document is a public offer of the Contractor — Vitaliy Yevhenovych Kashcheev, acting as a Sole Proprietor registered under the laws of Ukraine (hereinafter — the «Contractor»), addressed to any natural or legal person who accepts the offer in the manner set out in Section 3 (hereinafter — the «Client»).

1.2. The public offer is governed by Article 633 of the Civil Code of Ukraine. For consumer Clients resident in a Member State of the European Union, the mandatory provisions of Directive 2011/83/EU of the European Parliament and of the Council on consumer rights additionally apply.

1.3. The following terms are used:

• Concept album — a up to 30-page set of documents including site plan, floor plans, elevations, sections, proportion calculation and material specification, delivered upon completion of the concept stage.
• Working documentation — a complete set of construction drawings: structural, MEP, interior, facade detailing, specifications.
• Brief — a document signed by the Client describing the project, requirements, family heights and budget reference.
• Tranche — one of the three payments under the contract (30% / 40% / 30%).
• Author supervision — consulting support during construction through video calls and written clarifications. Included by default in the working-documentation engagement.
• Studio — the architectural practice conducted by the Contractor under the trading name «Vedic Architecture · Vitaliy Kashcheev».

2. Subject of the contract

2.1. The Contractor undertakes to provide architectural services in accordance with the brief agreed by the parties; the Client undertakes to accept the services and pay for them in the manner set out in this contract.

2.2. Services:

1. Private house concept (turn-key). Full architectural concept album. Minimum €5,000, then 3% of the construction estimate. Time: 4–8 weeks.
2. Working documentation. Full working set with author supervision. Minimum €10,000, then 6–9% of the construction estimate. Time: 2–4 months.
3. Public building. Concept and working documentation for a temple, retreat center, school, practice center. Minimum €10,000, then from 4% of the construction estimate. Time: 2–6 months.
4. Residential development master plan (B2B). Orientation and insolation analysis per plot. 1.5% of the land cost. Time: 3–6 months.
5. Master-plan audit (B2B). Written report with insolation, orientation and shadow analysis. Three tiers: €1,500 / €3,000 / €5,000. The audit fee is credited against the master-plan fee if the engagement continues.
6. Vedic ceremonies — bhumi puja, vastu shanti, griha pravesh. Fee agreed individually, reference €300–500 including pandits.

2.3. Services are delivered remotely (video calls, electronic exchange of documents). On-site visits are possible by separate agreement with reimbursement of travel costs.

3. Acceptance of the offer

3.1. The offer is deemed accepted by any of the following Client actions:

1. Payment of the first tranche (30% of the fee) to the Contractor's bank account; or
2. Signature of a paper or electronic copy of the brief that explicitly references this offer; or
3. A written confirmation sent to [email protected] with the wording «I accept the public offer published at veda-dom.com/en/public-offer.html (or veda-dom.com/dogovor-oferta.html), edition dated [date].»

3.2. From the moment of acceptance the offer becomes a concluded contract on the terms in force on the date of acceptance. The Contractor preserves the text of the relevant edition for no less than 5 years.

3.3. Electronic correspondence at [email protected] is recognised by the parties as a valid form of legally meaningful communication (Regulation (EU) No 910/2014 — eIDAS — for the EU; Ukrainian Law on Electronic Documents and Electronic Document Circulation — for Ukraine).

4. Fees and payment

4.1. Fees follow the «minimum + percentage of construction» structure described in clause 2.2. This is the global architectural standard aligned with the RIBA Plan of Work (United Kingdom), HOAI (Germany) and SIA-102 (Switzerland).

4.2. The exact fee and payment schedule are fixed in the brief on the date of acceptance and remain unchanged until the end of the project unless the parties agree otherwise in writing.

4.3. Payments are made in euros (€). By agreement, payment in US dollars, Ukrainian hryvnia or another currency at the cross-rate of the National Bank of Ukraine on the invoice date is allowed.

4.4. Payments are made in three tranches:

• 30% — on commencement, after the brief is signed and the offer accepted;
• 40% — after the concept master plan is approved (interim delivery);
• 30% — on delivery of the final concept album (or working documentation set).

4.5. Each tranche is due within 7 (seven) calendar days of the invoice date. A delay of more than 14 days entitles the Contractor to suspend the work until receipt of funds.

4.6. The Contractor operates under the Ukrainian simplified taxation system as a Sole Proprietor. VAT is not added to the fees unless stated on the invoice. The Client is responsible for any taxes due in the Client's own jurisdiction (e.g. import VAT on services, withholding taxes).

5. Time of performance

5.1. The duration of services is set out in clause 2.2 and specified in the brief. Time runs from the moment the first tranche is received by the Contractor.

5.2. Time is suspended while the Contractor waits for the Client's feedback, approvals, input data or answers to questions; the schedule is extended by the corresponding number of days.

5.3. Interim milestones are fixed in a schedule of works agreed by the parties at the start of the project.

6. Rights and obligations of the parties

6.1. Contractor's obligations

• Deliver the services in accordance with the brief and the standards of professional practice (RIBA Plan of Work).
• Hand over the concept album and (if so engaged) the working documentation electronically in PDF, and source files (DWG / DXF) on request.
• Maintain confidentiality of information received from the Client.
• Report progress at least every two weeks.

6.2. Client's obligations

• Provide complete and accurate input data: topographic survey, cadastral data, utility connection conditions, family heights (where applicable), budget.
• Approve interim stages and provide feedback within the schedule of works.
• Pay tranches in time (clause 4.5).
• Not transfer the delivered documentation to third parties for repeated commercial use without the Contractor's consent (see Section 7).

6.3. Contractor's rights

• Engage subcontractors (visualisers, structural engineers, MEP specialists) for parts of the work while remaining fully responsible for quality.
• Use photographs and visualisations of the project in portfolio and marketing materials after the Client's written consent.
• Suspend the work in case of payment delay (clause 4.5) or breach of clause 6.2 by the Client.

6.4. Client's rights

• Receive timely progress information.
• Request revisions within reasonable limits and within the agreed scope (up to two iterations per interim stage). Beyond that, revisions are charged separately.
• Exercise the right of withdrawal as set out in Section 9.

7. Copyright and licence

7.1. All intellectual property created by the Contractor in performance of the contract (concept album, working drawings, calculations, specifications, methodology, visualisations, text) constitutes works of architecture protected by copyright under the Berne Convention for the Protection of Literary and Artistic Works of 1886, Article 433 of the Civil Code of Ukraine, and applicable international treaties.

7.2. Economic rights to such works remain with the Contractor as author unless expressly provided otherwise in a separate written agreement.

7.3. Upon full payment, the Client receives a non-exclusive, perpetual, irrevocable licence to use the delivered documentation, subject to the following limitations:

• The licence is granted exclusively for a single construction at the specific address indicated in the brief.
• The licence does not include rights to replicate the documentation for the construction of other objects, to sell it to third parties, or to grant commercial sub-licences.
• Repeated use (type series, a second house for the same family) is agreed separately.

7.4. The Contractor retains the moral rights of the author: the right of attribution and the right to the integrity of the work. Changes to the architectural decision during construction that materially distort the intent are agreed with the Contractor.

7.5. The Client grants the Contractor a free-of-charge right to mention the fact of cooperation (project name, general post-completion photographs, address at the level of the city without precise coordinates) in marketing materials. On the Client's written refusal the project is published anonymously.

8. Confidentiality and personal data

8.1. Confidential information

The parties undertake to maintain the confidentiality of information about the project, the Client's personal data, family heights, construction budget and site technical conditions. Confidentiality is maintained indefinitely, except where the information becomes publicly available by lawful means.

8.2. Personal data (GDPR)

The Contractor acts as a data controller within the meaning of Article 4 of Regulation (EU) 2016/679 (GDPR) for the following Client data:

• Full name (for natural persons).
• Email and phone number.
• Address of the design object.
• Family heights (where the sazhen proportioning system is applied).
• Payment details.

Purposes: contract performance, invoicing, tax reporting, project communication.

Legal basis: performance of a contract (Article 6(1)(b) GDPR) and legal obligation (Article 6(1)(c) GDPR).

Retention: 5 (five) years after the end of the contract — to comply with tax and civil law. After this period the data is deleted.

Data subject rights (Articles 15–22 GDPR): access, rectification, erasure («right to be forgotten», to the extent compatible with tax law), portability, restriction, objection. Requests go to [email protected]; response within 30 days.

Supervisory authority for EU data subjects: you have the right to lodge a complaint with the supervisory authority of your country of residence (list at edpb.europa.eu).

More: see the Privacy Policy.

9. Right of withdrawal and termination

9.1. Right of withdrawal for EU consumers (14 days)

For Clients who are natural persons acting outside their trade, business, craft or profession and resident in an EU Member State, a 14-day right of withdrawal applies from the date of acceptance of the offer, without giving reasons (Directive 2011/83/EU, Article 9).

Procedure: a free-form statement to [email protected] with the subject «Withdrawal of offer».

Reimbursement: within 14 days of receipt of the statement, by the same means used for payment, unless agreed otherwise.

Material exception (Article 16 of Directive 2011/83/EU): if the Client expressly requests that performance begin before the 14-day period expires and the Contractor has commenced the work, the Client loses the right of withdrawal in respect of the part already performed and reimburses the Contractor pro rata for the work done.

9.2. Termination by mutual agreement

The contract may be terminated at any time by written agreement of the parties. The cost of the work already performed is paid pro rata by the Client, or refunded by the Contractor net of work performed.

9.3. Unilateral termination by the Client

The Client may terminate the contract unilaterally with at least 14 days' written notice. The cost of work already performed by the Contractor is paid by the Client pro rata to the volume on the date of termination. Any unused advance is refunded within 30 days.

9.4. Termination by the Contractor

The Contractor may terminate the contract in the following cases:

• A tranche overdue by more than 30 days.
• Systematic failure to provide input data or feedback, making the work impossible.
• Material breach of the Client's obligations under the contract.

In this case the Contractor refunds any amount in excess of the value of work actually performed within 30 days.

10. Force majeure

10.1. The parties are released from liability for non-performance or improper performance of obligations caused by force-majeure circumstances: military action, natural disasters, epidemics, strikes, acts of public authorities and other circumstances beyond the parties' control.

10.2. The affected party must notify the other party within 14 days of the onset of such circumstances. Time of performance is extended by the duration of the force majeure.

10.3. If force majeure continues for more than 90 days, either party may terminate the contract without penalty. Payment is made for the work actually performed.

11. Liability of the parties

11.1. The parties are liable in accordance with applicable law and international treaties.

11.2. The Contractor's aggregate liability under this contract is limited to the total amount of tranches already paid by the Client, except in cases of wilful misconduct or gross negligence. This limitation does not apply to breaches where applicable law mandatorily prohibits limitation of liability (harm to life or health, intentional harm).

11.3. The Contractor is not liable for:

• Errors of the construction contractor not connected with defects in the delivered documentation.
• Indirect losses, loss of profit, moral damage (to the extent permitted by applicable law).
• Changes made by the Client or third parties without coordination with the Contractor.
• Non-compliance of the design with local building codes of the country of construction, where those codes were not provided as input data by the Client.

12. Dispute resolution and applicable law

12.1. Ukrainian law applies, save where mandatory rules of the Client-consumer's country of habitual residence apply under Regulation (EC) No 593/2008 (Rome I) and Regulation (EU) No 1215/2012 (Brussels I bis).

12.2. Disputes are first addressed by negotiation. The claim period is 30 days from receipt of a written claim.

12.3. Failing settlement, disputes are referred to a court:

• For business Clients (B2B) and legal persons — at the place of registration of the Contractor.
• For consumer Clients in the EU — at the choice of the Client: the Contractor's place of registration or the Client's place of residence (Article 18 of Regulation Brussels I bis).

12.4. The parties may also use the European Commission's Online Dispute Resolution platform: ec.europa.eu/consumers/odr.

13. Final provisions

13.1. The Contractor may amend this offer unilaterally. The new edition takes effect on publication on the website. Contracts concluded earlier remain governed by the edition in force on the date of acceptance.

13.2. If any provision of this offer is held invalid under applicable law, the validity of the remaining provisions is unaffected.

13.3. This offer is drafted in Russian as the master version (veda-dom.com/dogovor-oferta.html). This English version is published for convenience. In case of divergence the Russian version prevails.

14. Contractor's details

This edition of the public offer has been prepared in light of the RIBA Plan of Work, HOAI (Germany), SIA-102 (Switzerland), Regulation (EU) 2016/679 (GDPR), Directive 2011/83/EU on consumer rights, and applicable Ukrainian law. Before use, legal review tailored to the specific circumstances of the project is recommended.