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Expert in international corporate, IT, and crypto law. Has extensive experience in business setup and support in the USA, EU, LATAM, and the Middle East. Specializes in corporate structuring, compliance, KYC/AML, IP, GDPR, as well as regulation of crypto and fintech projects.
Public offer agreement
A public offer agreement is the main document for an online store, online service, educational platform, SaaS, or other business that concludes contracts with a large number of clients remotely. Prikhodko & Partners develop offers taking into account the real sales model, payment methods, refunds, and user interaction. As part of the service for developing a public offer agreement, we coordinate the legal text with the checkout, order forms, and service rules.
The offer does not work by itself just because its file is placed in the site footer. It is important to correctly formulate the proposal, determine the action that constitutes acceptance, give the client access to the terms before payment, and save proof of the conclusion of the electronic contract.
Key points
- The public offer must contain the essential terms of the contract and be available before the moment of acceptance.
- Acceptance can be payment, clicking a button, or another clearly defined user action.
- The site conditions must match the actual checkout and promotional promises.
- Refunds, refusal of service, and complaints are regulated not only by the offer but also by imperative norms.
- Subscriptions require separate rules for auto-renewal, charging, and cancellation.
- A legal audit of the offer reduces the risk of chargebacks, consumer complaints, and payment blockings.
What is a public offer and how acceptance occurs
A public offer is a proposal to conclude a contract on specified terms with every person who performs the prescribed action. In e-commerce, an offer can be placed on the site, and acceptance is carried out through a button, order form, payment, or other action that unambiguously indicates consent.
The text of the button and the sequence of actions must correspond to the contract. If the site only shows “Pay” but does not notify about accepting the terms, the evidence of acceptance weakens.
What terms should be included
- details of the seller or service provider;
- description of goods, services, or digital content;
- price, taxes, additional fees, and currency;
- procedure for placing and confirming the order;
- delivery, terms of provision, and moment of execution;
- conditions for refund, cancellation, and complaints;
- rules for using the personal account;
- intellectual property and acceptable use of content;
- liability, force majeure, and dispute resolution.
Offer, consumer protection, and refunds
The offer cannot cancel mandatory consumer rights or shift all responsibility onto them. Refund conditions must take into account the type of product or service, the moment of starting execution, the individual characteristics of the product, and special rules for digital content.
It is important for business to separate the legal limitation of refunds from the illegal phrase “funds are not returned under any circumstances.” The latter often causes complaints, chargebacks, and a loss of trust from the payment provider.
What needs to be coordinated on the site
| Site element | Legal risk | What to foresee |
|---|---|---|
| Payment button | No proof of acceptance | Link to the terms and clear text of consent |
| Pricing page | Price does not match the offer | Uniform rules regarding cost and taxes |
| Subscription | Unexpected repeated charging | Auto-renewal, charging date, cancellation |
| Registration form | Unclear data processing | Privacy notice and data minimization |
| Refund | Conflict with the consumer | Procedure, terms, and channels of appeal |
How to update the offer correctly
A business can change conditions for future contracts, but existing subscriptions and already paid services require a separate analysis. The user should be informed of significant changes in advance, especially if they concern price, term, functionality, or automatic payments.
It is recommended to save previous editions, the date of entry into force, and technical acceptance logs. This allows establishing which exact version a specific client accepted.
Stages of developing a public offer
- Analysis of the product, customer journey, and payment model.
- Verification of e-commerce and consumer protection requirements.
- Preparation of the offer, privacy policy, refund policy, and other documents.
- Coordination of texts of buttons, checkboxes, and messages on the site.
- Implementation of proofs of acceptance and document update procedures.
Conclusion
The public offer agreement must be integrated into the sales mechanics. Even a legally strong text will not help if the user did not see it before payment or the site actually operates by other rules.
The lawyers of Prikhodko & Partners prepare offers for e-commerce, SaaS, online education, consulting, and digital services, and also check the checkout and accompanying policies. This allows a business to legally accept payments and predictably resolve claims. Leave a request on the website for the professional development of documents for your online project!
Calculate the cost of services
1 question
Do you already have a developed public offer agreement that needs analysis and improvement?
2 question
Are you planning to launch an online store, SaaS product, or online service?
3 question
Have you faced mass refunds (chargebacks) from clients?
Is it compulsory to sign a public offer using an electronic digital signature?
No. An electronic contract can be concluded through acceptance, defined by law and the text of the offer, in particular by payment or clicking a button.
Can the offer be changed without notifying clients?
For future sales — usually yes, indicating the new edition. For existing contracts, significant changes may require notification or new consent.
Is an offer needed for a B2B service?
Not always, but it can be convenient for standard packages. For large corporate clients, it is better to conclude an individual contract.
Can it be written that funds are non-refundable?
Only if it complies with the law and the nature of the product. A general absolute ban on refunds creates significant risks.
What documents are needed along with the offer?
Depending on the business, this is a privacy policy, cookie policy, refund policy, delivery terms, consent forms, and terms of use of the platform.
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