Public Offer Agreement on the providing of service
Law and Justice Consulting LLC (hereinafter referred to as the “Contractor”), enters into this Public Offer Agreement on the providing of services through this Contractor’s website (hereinafter referred to as the “Public Offer Agreement”, “Agreement” ) in accordance with Articles 634, 641, 642, 644 of the Civil Code of Ukraine.
Acceptance of the terms of this Agreement is carried out by the Client on the terms of this Agreement and certifies the fact of its conclusion.
In case of ordering a service from the Contractor, the Client agrees to the terms of this Public Offer Agreement, the Agreement is considered concluded between the parties on the following:
DEFINITION OF TERMS
1.1. The contractor is Law & Justice Consulting LLC, which provides services in person or through its representative.
1.2. Client – a private or legal person who applies for services through the Site of the Contractor, and bears personal responsibility for the accuracy and content of personal and other information provided by the Client to the Contractor in connection with the provision of services.
1.3. Services – providing of legal assistance (legal services): explanation, consulting, information and other legal services in writing (by compiling and / or receiving relevant documents and sending them to the Client’s e-mail) or orally by oral counseling through forms of communication that will be convenient for the Contractor); representation of the Client’s interests in all bodies of state authorities and local self-government, enterprises, institutions and organizations, regardless of organizational and legal forms and forms of ownership on the basis of a power of attorney issued by the Client; providing advice on security of investment attraction and implementation of investment projects; study of certain areas of investment activities for security purposes; organization of permanent and operational measures to protect investments, business in general, property and relevant persons; assistance in resolving conflict issues with government officials or any person; constant support of business activity, with safety control; business security analysis; protection of trade secrets; protection of information communications; control of inventories; physical protection of personnel and facilities; inspection and control of personnel; inspection of contractors (individuals and legal entities); identification of threats to current activities; safety assessment of promising activities; establishing communication and interaction with the authorities, management and law enforcement and regulatory agencies. The scope of services provided by the Contractor to the Client is determined by the specific tasks of the Client and agreed by the Parties in oral and / or written form.
1.4. The Parties – the Contractor and the Client (collectively referred to in the text of the Agreement – “Parties”, and each separately – “Party”).
1.5. “Public Offer Agreement” or “Agreement” is this Public Offer Agreement, which according to the current legislation of Ukraine regulates the relationship between the Client and the Contractor, the procedure for providing and paying for services.
1.6. Acceptance – acceptance of all terms of the Agreement by the Client and the absence of claims of the Client regarding the provision of services by the Contractor. Acceptance is carried out by the Client in any of the following ways:
1.6.1. Filling in the relevant application on the Contractor’s website and / or ordering by phone call, e-mail, messengers;
1.6.2. Concluding a separate written transaction with the Contractor on the provision of services;
1.6.3. Payment of money to the Contractor in any way in accordance with Part 2 of Article 642 of the Civil Code of Ukraine;
1.7. The Contractor’s website is the official web page, electronic platform, portal, website on the Internet, at the address: consulting.kiev.ua, which is the main source of informing the Clients.
1.8. Application – written filling in by the Client of the appropriate form of the document provided by the Contractor for receiving services with indication of requisites, contact data of the Client including personal data of the Client. The application form may be changed and / or supplemented by the Contractor, which is not disputed by the Client.
1.9. Public offer – a public appeal to all without exception Clients for the provision of services and / or the conclusion of a transaction on the provision of services between the Parties in the future.
1.10. E-mail of the Client – the address registered in the name of the Client for receiving electronic messages on the relevant service of information transmission by electronic means. The e-mail is indicated directly by the Client when filling in the application on the Contractor’s website.
SCOPE OF THE CONTRACT
2.1. In accordance with the terms of this Agreement, the Contractor provides the Services at the request of the Client, and the Client undertakes to accept and pay for them.
2.2. This Agreement is a public offer and is considered concluded between the Contractor and the Client from the moment of acceptance by the Client of the terms of this Agreement.
2.3. In the event that the Client accepts the Contractor for the provision of services, the Client undertakes to pay for such services in a timely manner on the terms specified in this Agreement.
2.4. The place of provision of services is considered to be the location of the Contractor or by agreement between the Parties.
PRICE AND PAYMENT PROCEDURE
3.1. Payment is made by the Client in cash to the bank account of the Contractor within the time and terms specified by the Contractor. Bank account details are provided to the Client by the Contractor in a way convenient for him (by personal delivery in paper form, sending by SMS, e-mail, etc.) or are indicated in the Agreements concluded between the parties or invoices issued by the Contractor.
3.2. Payment is made in the national currency of Ukraine – hryvnia (UAH).
3.3. The price for the provision of services is determined by the Contractor orally or in the Agreements concluded between the parties, or invoices issued by the Contractor, in the e-mail sent to the Client, or in the Act on the provision of services.
3.4. Payment for the provision of services by the Contractor shall be made by the Client by transferring to the Contractor’s bank account 100% of the advance payment established by the Contractor for the provision of such services in accordance with the terms of this Agreement.
3.5. The Client is considered to have fulfilled his obligation from the moment the Contractor receives the money on the Contractor’s bank account.
3.6. In case of impossibility to perform / provide services to the Client by the Contractor, the Contractor has the right not to return the amount that was actually spent on the provision of such services in the following cases:
– if the inability to perform / provide the service arose due to the Client’s fault (due to the Client’s incomplete or inaccurate information; incorrect statement of the Client’s task; Client’s delay in payment for services, which led to missed deadlines, irrelevant service or inability to provide it, etc.);
– if the inability to perform / provide the service arose as a result of prohibitions established by the legislation of Ukraine;
– if the provision of the service ordered by the Client may be qualified as a violation of the legislation of Ukraine, the rights of third parties;
– if the inability to perform / provide the service is caused by the lack of legal regulation of the issue raised by the Client;
– in case of force majeure.
3.7. During the provision of services, the Contractor has the right to increase or decrease the price of such services to the Client depending on the volume, complexity of the service, the time spent on its provision.
3.8. If the Contractor provides services to the Client free of charge, payment by the Client is not made. Acceptance for the provision of services on a free basis is carried out by filling in the relevant application by the Client on the website of the Contractor with the inscription in the subject of the message “Free consultation”;
3.9. Expenses related to the transfer of money to the Contractor’s bank account, including commission, bank services, etc. shall be borne by the Client.
3.10. The Services are provided by the Contractor within three working days from the moment of receipt of payment from the Client to his bank account in accordance with clause 3.6. of this Agreement, provided that the Client receives the necessary documents and information for the provision of services.
RIGHTS AND DUTIES
4.1. Rights and obligations of the Contractor:
4.1.1. The Contractor provides services only within the limits established by the current legislation of Ukraine;
4.1.2. The Contractor has the right to refuse the Client to provide services without any explanation, including in the cases provided for in paragraph 3.6. of this Agreement.
4.1.3. The Contractor is obliged to provide services to the Client in a timely manner.
4.1.4. In case of impossibility to provide services to the Client who has fulfilled the conditions of clause 3.4. of this Agreement, to notify the Client and at the Client’s request to return the money paid by the Client for the work not actually performed.
4.1.5. The Contractor shall start fulfilling his obligation when the Client has fulfilled the following:
184.108.40.206. The client has fulfilled the requirements of paragraph 3.4. of this Agreement;
220.127.116.11. The Client provided the Contractor with all necessary documents for the provision of services;
18.104.22.168. The Client provided the Contractor with the necessary information: in compliance with all requirements, indicating his name, name, city, contact phone number, e-mail, a detailed description of the situation with a specific question.
4.1.6. The Contractor has the right to use and post personal data of the Client.
4.1.7. The Contractor has the right to engage third parties to provide services to the Client, without the prior consent of the Client.
4.1.8. The Contractor does not provide services for setting up the software, computer equipment of the Client for the Client to fill in the application on the website of the Contractor.
4.1.9. The Contractor shall provide free services if the Contractor has free time to provide such services.
4.1.10. The Contractor has the right to change the details in the application, which is filled out by the Client at any time.
4.1.11. The Contractor has the right at any time to delete, distribute the data (details) of the Client from the Contractor’s site.
4.1.12. The Contractor has the right to refer to the data of the Client, which are specified in the application for publication of such data on other sites that do not belong to the Contractor.
4.2. Rights and obligations of the Client:
4.2.1. Pay in time and accept the services provided by the Contractor.
4.2.2. Provide all documents to the Contractor that will be necessary for the provision of services.
4.2.3. To bear personal responsibility for providing truthful and reliable information, documents to the Contractor.
4.2.4. The Client is obliged to provide access to the Internet to fill in the relevant application on the Contractor’s website.
4.2.5. The Client is obliged to follow the rules of ethics when the Contractor provides services to the Client.
4.2.6. The Client is obliged to timely accept the services provided by the Contractor and/or sign the relevant documents certifying the receipt of services.
RESPONSIBILITY OF THE PARTIES
5.1. In case of violation of their obligations, the Parties shall be liable in accordance with the current legislation of Ukraine.
5.2. In case of violation by the Client of the terms of this Agreement and obligations to the Contractor, the Client shall be liable by paying the Contractor a fine of twice the cost of the Contractor’s services.
5.3. In case the Client has overdue terms of payment for services to the Contractor, the Client shall reimburse the Contractor for damages.
5.4. The Contractor shall not be liable for the services provided to the Client and their results, if the Client has provided inaccurate information, not all the necessary documents that are necessary for the provision of services have been submitted.
5.5. The Contractor shall not be liable, including financially, to the Client for the provision of services and / or services provided in the event of signing the Act of services provided by the Parties.
SETTLEMENT OF DISPUTES
6.1. All disputes between the Contractor and the Client are resolved through negotiations.
6.2. In case of impossibility to resolve disputes between the Parties, such dispute shall be resolved in court in accordance with the requirements of the current legislation of Ukraine.
6.3. In the event that any clause of this Agreement is declared invalid, all other clauses of this Agreement shall be valid and shall be enforceable by the parties.
FORCE MAJOR CIRCUMSTANCES
7.1. The period of fulfillment of obligations by the Parties under this Agreement may be suspended only in case of force majeure, namely: fire, natural disaster, armed conflict, blockage of traffic due to strike, government decisions or other circumstances which are beyond the control of the Parties.
7.2. A Party which has been subject to force majeure shall notify the other Party within three calendar days. The fact of existence and validity of force majeure circumstances are confirmed by the relevant document by the authorized body.
7.3. After the cessation of force majeure circumstances, the term of performance of obligations is resumed.
7.4. If the force majeure lasts for more than 30 consecutive calendar days, the Parties have the right to terminate this Agreement. In this case, the losses caused by the termination of the Agreement are not reimbursed and penalties are not paid.
7.5. No penalties shall be imposed during the force majeure circumstances and neither party shall be liable for the impossibility of fulfilling or improper fulfillment of the terms of this agreement.
7.6. The effect of force majeure must be confirmed by the relevant conclusion of the competent authority of Ukraine.
8.1. The Client gives his consent to the Contractor for the processing, storage, transfer and use of the Client’s personal data.
8.2. The purpose of personal data processing is to carry out the activities of the Contractor related to the provision of services to the Client.
8.3. The Contractor has the right to use the personal data of the Client in the interests of the Client in the process of carrying out activities that do not contradict the subject and terms of this Agreement.
8.4. I, the Client, consent to the processing and storage of my personal data, such as: name, surname and patronymic, contact telephone numbers, place of residence, e-mail addresses, information or a set of information about an individual, legal entity, which identified or can be specifically identified.
9.1. All information, documents received by the Client from the Contractor are confidential and are not subject to disclosure to third parties.
TERM AND TERMINATION OF THE AGREEMENT
10.1. This Agreement shall enter into force upon acceptance of this Agreement by the Client in accordance with clause 1.6. of this Agreement.
10.2. The term of the Agreement expires at the moment of signing the Act of services provided or transferring to the Client the results provided by the Contractor in another way (in writing (by drawing up and / or receiving relevant documents and sending them by e-mail) or orally (by oral counseling through forms of communication that will be convenient for the Contractor).
10.3. The Client’s obligations under this Agreement shall be deemed fulfilled after full payment for the services provided by the Contractor, as well as the provision to the Contractor of documents and reliable and complete information necessary for the provision of services under this Agreement.
10.4. The Contractor has the right to unilaterally refuse to provide services to the Client at any time unilaterally, without any explanation.
10.5. The Agreement may be terminated prematurely by mutual consent of the Parties unilaterally by the Contractor in the cases provided for in this Agreement.
10.6. The Client may terminate this Agreement at any time by notifying the Contractor in writing within 15 (fifteen) calendar days. In this case, the cost of services paid by the Client is not refundable and is not reimbursed by the Contractor.
11.1. This Public Offer Agreement is drawn up in the Ukrainian language and has legal force.
11.2. Any changes and additions to this Agreement are made exclusively by the Contractor without the prior consent of the Client and published on its website.
11.3. The terms of this Public Offer Agreement do not apply to cases of concluding a separate individual agreement between the Contractor and the Client.
11.4. After the provision of services by the Contractor, the Client undertakes to sign the Act of services provided (or the Act on the absence of claims for services provided), or confirm receipt of an electronic report on the work performed.
11.5. All Acts, Additional Agreements are an integral part of this Agreement.
11.6. The Client confirms that he has carefully read the terms of this Agreement and will not have any claims against the Contractor in the future.
11.7. The term of providing services to the Client is determined by prior agreement with the Contractor.
DETAILS OF THE CONTRACTORS
12.1. Location of the legal entity:
– Ukraine, 01001, Kyiv, Peremohy Avenue, building 52/2, office 13A;
– Ukraine, 07401, Kiev region, Brovary city, street Sholom Aleichem, house 93, building 1, office 10.
12.2. Record number in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Associations: 1010231020000000082.
12.3. Contact details: +38 (098)2808048; e-mail – firstname.lastname@example.org.
12.4. IBAN UA903226690000026001300364266;
MFO Bank 322669;
Unified State Register of Enterprises and Organizations of Ukraine code of the bank – 09322277.