Public Offer on Providing Legal Services
A private entrepreneur Stefan Poliakov (hereinafter referred to as the “Contractor”) registered and acting in accordance with the laws of Ukraine, being guided by Art. 633, 641 of the Civil Code of Ukraine, offers unlimited number of individuals to conclude this Agreement (hereinafter – the “Agreement”):
1. TERMS AND GENERAL PROVISIO.Legal adviceS
1.1. Services – a set of legal services provided by the Contractor in accordance with the procedure and under the terms determined by this Agreement and prior written discussion of the Parties, which are an integral part of this Agreement.
1.2. Cost of Services- amounts of time spend by Contractor when providing specific Legal advice or Legal representation converted into US dollars at the rate of 50 US dollars per hour.
1.3. Public offer – the offer of the Contractor (set out on the Contractor’s Website) addressed to an unlimited number of individuals in accordance with the laws of Ukraine, to conclude this Agreement on certain terms.
1.4. Contractor’s Website – a web page on the Internet at https://immigrationukraine.com/, which is an official source for informing Users about the Contractor and the services that are provided to them.
1.5. Acceptance – full, unconditional and implicit acceptance by the User of the terms of the Public Offer of this Agreement.
1.6. User –individuals who have reached the age of 18 and legal entities which have accepted the Contractor’s Public Offer set forth in this Agreement, and have paid the cost of the Services.
1.7. Parties – Contractor and User.
1.8 .Legal advice – expressed in the written or oral form, a set of consulting services aimed at transmitting information to the Client on a given topic in order to provide him/her with the opportunity to form a certain idea of the subject under consideration.
1.9. Legal representation– detailed terms for the provision of a specific Service, including, but not limited to, the following terms:
1.9.1. Subject and content of the Legal representation;
1.9.2. Number of hours and / or schedule of the Legal representation;
1.9.3. Cost of the Legal representation;
1.9.4. Payment procedure, etc.
1.10. Device means an electronic computer (PC) and / or other device operating on the principle of a computer, capable of processing and reproducing sound and images, both stationary and portable (including, but not limited to: mobile phones, smartphones, PPC, etc.), which has the ability to access the global Internet.
2. SUBJECT OF THE AGREEMENT.
2.1. The Contractor undertakes to provide the User with Legal advice or Legal representation on a paid basis in accordance with the terms of this Agreement, and the User undertakes to accept and pay for such Services.
2.2. The User undertakes to pay to the Contractor the cost of Legal advice or Legal representation he/she orders.
2.3. The Parties agreed that the detailed content of Legal advice or Legal representation is agreed by the Parties in prior written discussion of the Parties, which is an integral part of this Agreement.
2.4. The Parties agree that the Contractor shall not be held liable for any actions performed solely by User or third parties as a result of obtaining data placed in Legal advice purchased from the Contractor. The User is solely responsible for the use of Legal advice, as well as for any results, direct or side effects occurred of the use of Legal advice.
2.5. Detailed terms of Legal representation are discussed prior to conclusion of this Agreement and are an integral part of this Agreement.
3. ENGAGEMENT TERMS.
3.1. Acceptance of this Agreement is the payment by the Client, in full or in part, of the cost of the corresponding Legal advice or Legal representation and means full and unconditional acceptance by the User of the terms of this Agreement and is equated to the User’s handwritten signature under the Agreement.
3.2. From the moment the funds are credited to the Contractor’s account, this offer is considered accepted, and the agreement is concluded.
3.3. Acceptance procedure:
3.3.1. The User issues a request for Services to the Contractor via emails, calls, messages to contacts specified at Contractor’s Website or on-line chat present at Contractor’s Website where Parties discuss the type of Services provided to User, and Cost of Services i.e. the amounts of time spend by Contractor when providing Legal advice or Legal representation.
3.3.2. After choosing the required Cost of Services, the User or immediately goes to the shopping cart and makes a payment.
3.3.3. If the Legal advice or Legal representation is provided in a remote format, then before starting providing such Legal advice or Legal representation, the Parties discuss the format or communication between them and arrange schedule for calls, messaging or video calls.
3.3.4. From the moment of acceptance of this Offer, the unilateral User’s refusal the Agreement is unacceptable.
3.3.5. The Service is considered provided from the moment the Contractor provides correspondent Legal advice or Legal representation.
4. RIGHTS AND OBLIGATIONS OF THE CONTRACTOR.
4.1. The Contractor has the right:
4.1.1. Receive from the User the information necessary to provide Services under the Agreement;
4.1.2. Receive payment for the services provided in the amount and terms stipulated by this Agreement and the details of corresponding Legal advice or Legal representation;
4.2. The Contractor is obliged to:
4.2.1. Provide the User with Services in accordance with this Agreement and the corresponding Legal advice or Legal representation;
4.2.2. Inform the User about the rules and requirements for organizing the provision of Services and their quality, about the rights and obligations of the User when receiving services;
5. RIGHTS AND OBLIGATIONS OF THE USER.
5.1. The User has the right:
5.1.1. Receive Services of proper quality in accordance with the details of corresponding Legal advice or Legal representation;
5.2. The User is obliged to:
5.2.1. Provide the Contractor with truthful information and documents necessary to provide Services under the Agreement;
5.2.2. Timely pay for the Services in the amount and within the time frame established by this Agreement and the details of corresponding Legal advice or Legal representation;
5.2.3. Comply with the requirements of the laws of Ukraine and the requirements of the Agreement on the organization of the provision of Services;
5.2.4. Refrain from actions that humiliate the honor, dignity, business reputation of the Contractor or employees of the Contractor, other Users, including by posting information on the Internet, in printed publications, mailings or in any other way that is of a public nature.
6. COST OF SERVICES AND PAYMENT PROCEDURE.
6.1. The total cost of services provided to the User under this Agreement is the total amounts of time spend by Contractor when providing specific Legal advice or Legal representation converted into US dollars at the rate of 50 US dollars per hour and paid by User.
6.2. The cost of a specific Service is determined by the Contractor when the User issues a request for Services to the Contractor according to provision 3.3.1. of the Agreement.
6.3. The cost of the Services provided for in this Agreement is paid by the User in a non-cash form by transferring to the current account of the Contractor or by paying on the website.
6.4. The Contractor has the right not to return the funds paid by the User for Legal advice or Legal representation in case the User refuses to provide Contractor with truthful information and documents necessary to provide Services under the Agreement.
6.5. If the User asks for refund before the start of Legal advice or Legal representation, the Contractor refunds the paid advance in the amount of 90% of the funds paid to cover the costs of the fees of banks and payment systems.
7. RESPONSIBILITIES OF THE PARTIES.
7.1. For non-fulfillment or improper fulfillment of obligations under this agreement, the parties are responsible in accordance with the current laws of Ukraine.
7.2. THE CONTRACTOR’S SERVICES AND ALL RELATED MATERIALS ARE PROVIDED “AS IS” WITHOUT EXPRESS OR IMPLIED WARRANTIES. THE CONTRACTOR DOES NOT PROVIDE ANY WARRANTY, INCLUDING THE MERCHANTABILITY, APPLICABILITY FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, AS WELL AS WARRANTIES ARISING FROM THE BUSINESS RELATIONSHIP AND GOOD BUSINESS PRACTICES. IN ADDITION, THE CONTRACTOR DISCLAIMS LIABILITY RELATED TO THE USER’S ACCESS TO THE SERVICES AND RELATED MATERIALS, AS WELL AS WITH THEIR USE. THE USER AGREES TO ACCESS AND USE THE SERVICES AND RELATED MATERIALS AT ITS OWN RISK.
7.3. To the maximum extent permitted by the laws of Ukraine, the Contractor is not responsible for circumstantial, incidental, actual, indirect or direct losses, directly or indirectly lost profits or non-receipt of income, loss of data, performance, goodwill or other intangible values associated with a) the User’s access to the Services and their use or the impossibility of such access or use; b) with materials or behavior, including defamatory, offensive or illegal, of any third party; or c) with unauthorized access, use or modification of the User’s materials or information. Under no circumstances can the aggregate liability for all claims regarding the services exceed the greater of the following two amounts: USD 20 (20 US dollars) or the total amount received from the User for using the paid services within the last six months.
7.4. The User agrees that the disclaimer of warranties and the limitation of liability set forth in these terms reflect a reasonable and fair distribution of risks, and are also a necessary condition for the provision of services by the Contractor for an affordable fee.
7.5. The User agrees that any claim related to the Services must be submitted to the court within the limitation period of one (1) year after the grounds for it arise, otherwise such grounds are considered invalid.
7.6. In case of violation by the User of clause 12.1 of this Agreement and the use of the information obtained during Legal advice or Legal representation for non-personal purposes, distribution of the information obtained during Legal advice or Legal representation in any way and regardless of the circle of persons, the Contractor has the right to terminate this Agreement unilaterally, without refunding the funds paid by the User for Legal advice or Legal representation.
8. FORCE MAJEURE
8.1. The Parties are exempt from liability for non-fulfillment of obligations if this failure is caused by circumstances that do not depend on the will of the Parties, namely: military actions, natural disasters, man-made and other accidents, strikes, lockouts, acts of government authorities or administration, etc., which makes it impossible to fulfill the terms of this Agreement (hereinafter – the “Force Majeure”).
8.2. Force Majeure is applied, and the Party for which it occurred is released from liability for violation of the terms of this Agreement, if there is a written confirmation (conclusion, certificate) of the Chamber of Commerce and Industry of Ukraine about the occurrence of force majeure.
8.3. The Party for which the Force Majeure has occurred undertakes to immediately notify the other Party and provide documents confirming the Force Majeure.
8.4. From the moment the other party receives such notification, the fulfillment of the terms of this Agreement is suspended for the entire period of Force Majeure.
8.5. In the event of Force Majeure circumstances for more than 3 months, each of the parties has the right to initiate termination of the Agreement.
9. TERMINATION OF THE AGREEMENT.
9.1. This Agreement is terminated:
9.1.1. By agreement of the Parties;
9.1.2. If the fulfillment by the Party of the Agreement of its obligations is impossible due to the adoption of regulatory legal acts that have changed the conditions established by this Agreement, and either Party does not agree to amend the Agreement.
9.1.3. In cases of violation by the User of the conditions provided for in clauses 5.2.2, 5.2.3, 5.2.4, 12.1 of this Agreement.
9.1.4. In other cases provided for by this Agreement and the current laws of Ukraine.
10. PROCESSING OF PERSONAL DATA.
10.1. The User confirms that he/she voluntarily and gratuitously provides his/her consent to the processing of his/her personal data (including last name, first name and patronymic, registered place of residence and / or actual place of residence, identification number, state registration data; bank details, phone numbers and e-mail addresses, etc.) in the personal data base of the Contractor “Clients”, including collection, registration, inclusion in the database, accumulation, storage, adaptation, modification, update, use, distribution (distribution, transfer), depersonalization, destruction of personal data in the database in the territory of Ukraine in order to fulfill obligations under this agreement and in order to ensure the implementation of tax relations, economic relations, civil law relations and accounting relations. The User consents to the transfer of his/her personal data to third parties in the minimum required amounts and only for the purpose of fulfilling the obligations under this Agreement, which correspond to the objective reason for collecting the relevant data.
10.2. The User confirms that he/she was informed about his/her rights determined by the Law of Ukraine On the Protection of Personal Data dated June 1, 2010 No. 2297-VI, as amended, the purpose of processing and collecting personal data.
11. OFFER VALIDITY.
11.1. This Public Offer comes into force from the moment it is posted on the Contractor’s Website and is valid until its revocation by the Contractor.
11.2. The Contractor has the right to amend the terms of the Offer and / or revoke the Offer at any time at its sole discretion at any time. In the event the Contractor makes changes to the Offer, such changes come into force from the moment the amended text of the Offer is posted on the Contractor’s Website, unless another date for the entry into force of the changes is determined directly in the text of the amended Offer.
12. INTELLECTUAL PROPERTY.
12.1. The Contractor provides the User with a limited, personal, non-exclusive, non-transferable and revocable permission to use information and any materials obtained during Legal advice or Legal representation or on the Website. The User can use materials and any information provided as part of the Services or on the Website only for personal non-commercial use, unless the User has received written permission from the Contractor to use them for other purposes.
12.2. The use of the Services does not give the User any intellectual property rights to the Services or information and any materials obtained during Legal advice or Legal representation.
13. FINAL PROVISIONS.
13.1. The Parties have established that any disputes and claims will be resolved by the parties through negotiations.
13.2. The Parties understand that the Services are provided by the Contractor, who is registered and operates under the laws of Ukraine, whose place of residence is also registered in Ukraine.
13.3. By accepting this Offer, the User agrees that all disputes related to this Agreement will be considered in accordance with the laws of Ukraine without regard to the conflict of law rules. The User also agrees that all such disputes are within the exclusive competence of the courts of Ukraine.
13.4. The headings used in the articles and clauses of this Offer are used only for reference and convenience of using the text. These headings cannot be considered as defining, limiting or modifying, or influencing the meaning and sense of the terms of this Offer or any part thereof.
13.5. If any of the provisions of this Offer is declared invalid, then the validity of its remaining provisions will not be lost.
13.6. In all cases not provided for in this Offer, the Parties are guided by the current laws of Ukraine.
14. DETAILS OF THE CONTRACTOR.
Contractor: private entrepreneur Stefan Poliakov;
Taxpayer identification number: 3347700512;
Registered Contractors PE address: 9/11 Hudanova Street, Apt. 21, Kharkiv, Ukraine, 61024 (кв. 21, будинок 9/11, вулиця Гуданова, місто Харків, Україна 61024);
Contractors business address: 4 Serpova street, office 404, Kharkiv, Ukraine (офіс 404, будинок 4, вулиця Серпова, місто Харків, Україна 61166);
PR contact number: +38 093 252 90 44.