The law company Applaw Inc., hereinafter referred to as the “Contractor”, offers any individual or legal entity, hereinafter referred to as "Customer", order the provision of legal services posted on the Contractor's website, referred to as the "Services".
By placing an order on the Site and paying for the services, the Customer voluntarily confirms the acceptance of the following provisions.
1.1. This agreement is a public offer and does not require signing. A public offer agreement has the same legal force as an agreement signed on paper. This agreement contains all the essential conditions for the provision of services remotely, that is, via the Internet, which excludes the possibility of direct acquaintance of the Customer with the Services.
1.2. In case of acceptance of the terms of this agreement (i.e. the public offer of the online store), the citizen (or legal entity) accepts the offer and becomes the Customer. Acceptance (confirmation) is the fact of the first payment for the order by the Customer in the amount of 10% in the terms of the transaction.
1.4. The Contractor reserves the right to make changes to this Agreement without prior notice to the Customer.
2.1. The customer has the right at any time within the framework of the contract to contact the Contractor with oral and written requests. Answers to written requests are provided by the Contractor orally or via electronic correspondence.
2.2. The Customer has the right to exercise control over the fulfillment by the Contractor of his obligations, to demand from him at any stage of performance a report on the Services rendered.
2.3. In the event that the Contractor refuses to fulfill obligations under this Agreement or the Contractor fails to comply with the deadlines for completing provision of services under this agreement, except as provided for in clause 2.5., clause 3.7. of this agreement, the Customer has the right to apply the provisions of clause 4.2. of this agreement and early termination of the agreement, of which the Contractor shall be notified in writing by mail, fax or e-mail.
2.4. The customer is obliged:
2.4.1. Provide the Contractor with the information that the Contractor indicates as necessary (orally or in writing by means of cellular communications, e-mail, instant messengers) to fulfill its obligations under this agreement.
2.4.2. Before the start of the provision of services, the Customer is obliged to make payment in accordance with the cost agreed with the Contractor. Receipt of payment is confirmed by a bank receipt or otherwise.
2.4.3. Issue a power of attorney for the Contractor and / or his employee (s) to carry out all necessary actions (at the request of the Contractor) related to the provision of the Service.
2.4.4. Provide the Contractor with the documents necessary for the performance of his duties, depending on the Service provided and the Information provided for in clause 2.4.1.
Copies of documents are provided by personal transfer to the Contractor or by personal mail.
2.4.5. Within the terms agreed with the Contractor, carry out all the necessary actions that the Customer must perform personally (for example: issuing a power of attorney for the Contractor, agreeing on the content of documents, providing documents (copies thereof), signing documents necessary for the execution of the contract by authorized persons of the Customer, making necessary payments to the budget, other).
2.4.6. Timely and in full pay for the Services of the Contractor.
2.4.7. In the event of an increase in the complexity of the work under the contract or the time required for their implementation, due to additional obligations that are assigned by the Customer to the contractor (to receive separate documents instead of the Contractor - certificates, etc., to translate documents, to make notarized copies, i.e. e.), the Customer is obliged, at the request of the contractor, to pay for these services and / or compensate for the costs additionally. With an increase in the complexity of the work or the time required for their implementation, in connection with the individual wishes of the Customer, which were not announced at the beginning of cooperation (amendments to the standard charter or protocol when registering legal entities, contracts, etc.), as well as in connection with the circumstances of the provision of services that arose through the fault of the Customer (lateness to the notary and postponement of the meeting, late submission of documents and additional waiting in line by the employee accompanying the Customer, etc.), the Customer is obliged, at the request and choice of the contractor, to pay for these services at the price of the Contractor or compensate for the time spent based on the rate of 200 Euro per hour of work of a lawyer and / or 100 Euro per paralegal hour.
2.5. In the event that the Customer fails to fulfill its obligations under this agreement, provides the Contractor with false information, provides documents containing false information, the Contractor is released from liability for non-performance or improper performance of its obligations.
The Contractor shall not be liable for non-performance or improper performance of its obligations under this agreement due to non-performance or improper performance of their official duties by employees (employees) of third legal entities and individuals (delivery services, government agencies, etc.), as well as as a result of illegal actions and decisions of third individuals (employees, employees) and legal (courts, authorities) persons.
2.6. The Customer, in order to implement the provisions of this agreement, gives the Contractor the right to represent his interests and carry out actions that create legal consequences.
3.1. The Contractor has the right to transfer its rights and obligations under this Agreement to third parties only after the written consent of the Customer.
3.2. The Contractor has the right to transfer the information that he received from the Customer in the process of implementing this agreement to third parties without written consent.
3.3. The Contractor is obliged to promptly respond to the Customer's requests. The status of the responses is informational and advisory. The customer, without the permission of the Contractor, can use the information provided to him in response at his own discretion.
Warning: the answers do not have a scientific, journalistic and practical status. They also cannot be published. The Contractor determines the forms and volumes of the documents and information provided by the Customer, necessary to fulfill its obligations in accordance with the requirements of the current legislation and based on its own knowledge and practice.
3.4. The Contractor undertakes to provide services within the terms agreed with the Customer. The beginning of the agreed period begins from the moment the Customer fully fulfills its obligations under clause 2.4. of this agreement and signing all documents provided by the Contractor. On the completion of the provision of services under this agreement, the Contractor notifies the Customer orally or in writing by phone, mail, fax, e-mail.
3.5. The Contractor is obliged to immediately notify the Customer about the impossibility of fulfilling his order or about the complications arising in the process of fulfilling the order.
3.6. If the Customer refuses to continue the provision of services under this agreement, the Customer systematically fails to fulfill its obligations under this agreement, the process of rendering services is stopped due to the fault of the Customer for more than three months from the date of acceptance of this agreement, the Contractor has the right to early termination of this agreement, about which notifies the Customer in writing by means of instant messengers, mail, fax, e-mail. In this case, the cost of providing services is the amount of payments actually made by the Customer under this agreement.
3.7. Official payments, notary services and other payments are not included in the cost of the Contractor's services.
4.1. Payment for services occurs according to the prices indicated on the Contractor's website or in the commercial offer from the Contractor . The Contractor reserves the right to change the cost depending on the Services provided to the Customer.
4.2. In the event that the Contractor refuses to fulfill obligations under this agreement or the Contractor fails to comply with the deadlines for completing the provision of services under this agreement, except as provided for in clauses 2.5., clause 3.7. of this agreement, the Contractor shall reimburse the losses caused to the Customer by non-fulfillment or improper fulfillment of obligations under this agreement. The Parties confirm that they should not compensate for the losses associated with this agreement in the form of lost profits and other indirect losses. The Contractor can only compensate for the damage that happened due to the direct proven fault of the Contractor. In any case, the Parties establish the limit amount of compensation for the Customer's losses in a fixed amount: 5 (five) percent of the total amount of the contract. After receiving the Contractor's notification of the completion of the provision of services under this agreement, the Customer undertakes to receive the results of the services provided by the Contractor (documents, written and oral consultations, etc.)
4.3. The contractor is not a payer of value added tax.
5.1. In the event of the occurrence of circumstances of the impossibility of full or partial fulfillment by the Parties of their obligations under this Agreement, which the Parties did not know and could not know at the time of the conclusion of this Agreement, and which have the nature of force majeure (force majeure), the deadline for fulfilling obligations is postponed for the duration such circumstances and/or their consequences.
5.2. The parties are obliged to promptly notify each other of the occurrence of such circumstances.
6.1. The Parties resolve all disagreements and disputes that may arise during the implementation of this Agreement or in connection with it, in a judicial proceeding, taking into account jurisdiction and cognizance.
6.2. This agreement is governed by the legislation of Ukraine, unless otherwise provided by international acts of law.
7.1. The contract comes into force from the moment of its acceptance and is valid until the parties fully fulfill their obligations.
7.2. Each of the Parties has the right to initiate termination of the agreement. At the same time, the initiator of termination of the contract shall notify the other Party of its intention to terminate the contract no later than 2 weeks in advance.
A communication is considered to be properly made when it is sent by registered mail or by facsimile or e-mail.
8.1. The Contractor ensures the confidentiality of all information and documentation received from the Customer orally or in writing in connection with the provision of services under this Agreement.
8.2. The Contractor ensures proper storage of such information and documentation, and its protection from theft, damage, loss or unauthorized access, except when such transfer or disclosure is carried out to authorities (including law enforcement agencies) in accordance with the requirements of the current legislation of Ukraine.
8.3. Obligations under this article do not apply to information that at the time of its receipt was generally known or became generally known through no fault of the Contractor.
9.1. This agreement is valid for all Customers, except for those who have a valid written agreement with the Contractor.
*UPD: January 17th, 2020