PUBLIC OFFER AGREEMENT
on the provision of services
INDIVIDUAL ENTREPRENEUR MEZIN VITALIY VIKTOROVYCH, acting on the basis of an Extract from the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations, entry number 2004710000000084511, date of entry 01/18/2024, hereinafter referred to as the “Contractor”, on the one hand, and the person who joined this Agreement, by accepting the offer to conclude this Agreement on the terms specified by the Contractor, hereinafter referred to as the “Customer”, on the other hand, hereinafter jointly – the “Parties”, and each individually – the “Party”, expressing their free will and guided by the norms of the current legislation of Ukraine, have concluded this Agreement on the provision of services (hereinafter – the “Agreement”) on the following:
- GENERAL PROVISIONS
1.1. The Agreement is a public agreement within the meaning of Article 633 of the Civil Code of Ukraine, and the person who accepts the offer (public offer) to conclude the Agreement (makes an acceptance) becomes the Customer in accordance with Article 642 of the Civil Code of Ukraine, Article 11 of the Law of Ukraine “On Electronic Commerce” and the terms of this Agreement.
1.2. The Agreement is an offer (public offer) to an unlimited number of individuals and legal entities to conclude an Agreement with the Contractor by fully and unconditionally accepting the terms of this Agreement.
1.3. The terms of the Agreement are the same for all persons who have decided to accept the terms of this Agreement.
1.4. The Agreement is an accession agreement within the meaning of Article 634 of the Civil Code of Ukraine, since its terms are determined by the Contractor and can be accepted by the Customer only by joining the proposed Agreement as a whole. In case of disagreement of the Customer with all or some provisions of this Agreement, the Agreement shall not be concluded.
1.5. Accession to the Agreement shall be considered payment for the Contractor’s services by means of a non-cash transfer of funds, including using an electronic payment instrument.
1.6. The Agreement shall be considered concluded from the date of receipt by the Contractor of payment for the services provided by the Customer on the terms established by this Agreement.
1.7. The Parties may agree on another method of accession to the Agreement and determine another moment of conclusion of the Agreement.
1.8. The Customer’s performance of the actions provided for in clause 1.5 of this Agreement shall be considered acceptance by the Customer of the proposal to conclude the Agreement (execution of acceptance), and shall also confirm the fact of full and unconditional acceptance by the Customer of the terms of this Agreement without any reservations or comments in accordance with Article 642 of the Civil Code of Ukraine. By accepting the Contractor’s offer (public offer), the Customer agrees to all the terms of this Agreement and confirms that he understands the content of the Agreement and the legal consequences of its conclusion.
1.9. The Agreement is an electronic agreement within the meaning of Article 3 of the Law of Ukraine “On Electronic Commerce”, is concluded using available information and telecommunications systems and cannot be declared invalid due to its conclusion in electronic form.
1.10. This Agreement in paper form may be provided upon request by the Customer, and may also be printed by the Customer independently from the Contractor’s website.
1.11. The terms used in this Agreement shall have the following meanings:
1.11.1. Public offer – the Contractor’s proposal to conclude the Agreement, posted on the Contractor’s website and set out by the Contractor in the terms of this Agreement, which is addressed to an unspecified circle of individuals and legal entities;
1.11.2. Acceptance – the Customer’s full, unconditional and unreserved acceptance of the terms of the Agreement by paying for the Contractor’s services or in another way agreed upon by the Parties;
1.11.3. Customer – an individual or legal entity that receives services from the Contractor on the terms stipulated by the Agreement;
1.11.4. Contractor’s website – a set of web pages available on the Internet under the domain name legalprofi.com.ua;
1.11.5. Providers of intermediate services in the information sphere are telecommunications operators (providers), payment infrastructure service operators, registrars (administrators) assigning network identifiers, and other entities that ensure the transmission and storage of information using information and telecommunications systems, which is created, used, and distributed in accordance with the terms of the Agreement.
1.12. The Agreement is concluded on the basis of a proposal to conclude it (public offer) by the Contractor and its acceptance (acceptance) by the Customer.
1.13. The Contractor’s public offer is set out in the terms of this Agreement.
1.14. Acceptance of the Public Offer is the Customer’s performance of the actions specified in clause 1.5 of the Agreement, which result in the conclusion of this Agreement.
1.15. By concluding the Agreement, the Customer confirms:
1.15.1. full and exhaustive familiarization with the Public Offer set out in the terms and conditions of this Agreement;
1.15.2. unconditional and unreserved acceptance by him of the Public Offer set out in the terms and conditions of this Agreement;
1.15.3. complete understanding of the content of his obligations under the Agreement and the legal consequences of its conclusion.
1.16. Confirmation of the conclusion of the Agreement is a receipt, check, payment order, other settlement or cash document (in electronic and/or paper form) certifying the fact of payment for the services that are the subject of the Agreement, in accordance with the requirements of the legislation of Ukraine, unless otherwise agreed by the Parties.
- SUBJECT OF THE AGREEMENT
2.1. Under the terms and in accordance with the procedure stipulated by this Agreement, the Contractor undertakes to provide, and the Customer to accept and pay for, services to represent the Customer’s interests in state and local government bodies, notary bodies, judicial bodies, institutions and organizations, enterprises of all forms of ownership, information and consulting services, etc. (hereinafter referred to as services).
2.2. The subject of the Agreement is the services that the Customer has selected from the list of services posted on the Contractor’s website.
2.3. Services under the Agreement, at the Contractor’s discretion, may include: representation of the Customer’s interests in state and local government bodies, notary bodies, judicial bodies, institutions and organizations, enterprises of all forms of ownership, individual consultations, etc.
2.4. The subject matter, method of provision and term (term) of provision of services are specified on the Contractor’s website.
2.5. The Contractor independently forms a list of services that can be provided to the Customer under this Agreement, and places such a list of services on the Contractor’s website.
2.6. The place of provision of services is indicated on the Contractor’s website.
- PROCEDURE FOR PROVISION OF SERVICES
3.1. To receive services under the Agreement, the Customer must indicate his phone number and/or e-mail address via the Contractor’s website, as well as order an invoice (payment details) for payment for the Contractor’s services or payment for the Contractor’s services using an electronic payment method via the Contractor’s website.
3.2. The Customer also provides the Contractor with information about:
3.2.1. name, surname and patronymic (if any) and/or title;
3.2.2. position (if any);
3.2.3. registration number of the taxpayer’s account card and/or code according to the Unified State Register of Enterprises and Organizations of Ukraine;
3.2.4. means of communication (telephone number, e-mail address, etc.).
3.3. If the Contractor needs additional information, he has the right to request it from the Customer. In case of failure to provide the necessary information by the Customer, the Contractor is not responsible for possible shortcomings of the primary documents and other documents drawn up in the process of fulfilling the terms of the Agreement.
3.4. The Customer is fully responsible for the accuracy of the information provided.
3.5. After providing information and agreeing on the service to be provided, the Customer is sent an invoice (payment details) for payment for the services selected by him, unless otherwise provided by the payment method selected by the Customer.
3.6. Payment for services according to the invoice issued is an agreement to receive the services selected by the Customer on the Contractor’s website.
3.7. The Contractor provides services in accordance with the legislation of Ukraine and the terms of this Agreement.
3.8. Services are provided by conducting offline and online events, as well as in other forms and other methods determined by the Contractor.
3.9. After providing the services selected by the Customer, the Contractor draws up an Act on the services provided (hereinafter referred to as the “Act”). The Act is provided (sent) to the Customer within 5 (five) calendar days from the date of its signing by the Contractor within the meaning of the current Law of Ukraine “On Accounting and Financial Reporting in Ukraine” dated 16.07.1999 No. 996-XIV.
3.10. In the absence of justified written comments from the Customer regarding the quality or other conditions of service provision within 5 (five) calendar days from the date of provision (sending) of the Act to him, the relevant Act is considered approved by the Customer, and the Contractor’s services are considered to be provided properly and accepted by the Customer in full without comments.
- RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Contractor has the right:
4.1.1. to receive from the Customer the information necessary for the provision of services;
4.1.2. to independently set the price of services and other conditions for their provision by posting the relevant information on the Contractor’s website;
4.1.3. to make changes to the Agreement by posting them on the Contractor’s website without special notification to the Customer;
4.1.4. to store and process personal data obtained in the process of providing services in accordance with the requirements of the current legislation of Ukraine;
4.1.5. to suspend the provision of services in the event of the Customer’s untimely fulfillment of its monetary obligations for payment for services;
4.1.6. to fully or partially suspend the provision of services in the event of the impossibility of providing services due to technical or other objective reasons.
4.2. The Contractor is obliged to:
4.2.1. provide services in accordance with the terms of this Agreement;
4.2.2. provide clarifications on issues that arise for the Customer in connection with the provision of services to him;
4.2.3. provide services personally and/or with the involvement of third parties, while remaining fully responsible to the Customer for the provision of services;
4.2.4. ensure the protection of personal data received from the Customer.
4.3. The Customer has the right to:
4.3.1. receive services provided by the Contractor in accordance with the terms of the Agreement;
4.3.2. receive complete and reliable information about the scope of services provided, as well as clarifications on issues that arise for the Customer in connection with the provision of services to him.
4.4. The Customer is obliged to:
4.4.1. independently familiarize yourself with the terms of the Agreement posted on the Contractor’s website;
4.4.2. provide reliable and complete information necessary for the conclusion and performance of the Agreement;
4.4.3. make payment for the services provided in accordance with the terms of the Agreement at prices determined by the Contractor;
4.4.4. immediately notify the Contractor of any changes to its details, circumstances and facts that are important for the provision of services under the Agreement;
4.4.5. not copy or distribute without the written consent of the Contractor any consultations, materials, presentations, explanations, or other information received in the course of the Agreement.
- PRICE OF SERVICES AND PAYMENT PROCEDURE
5.1. The price of the Contractor’s services is indicated on the Contractor’s website.
5.2. The Contractor has the right to unilaterally change the price for any service by indicating the new price of the service on the Contractor’s website.
5.3. The cost of the services selected by the Customer is determined on the basis of invoices or other notifications for payment.
5.4. The Contractor shall not change the price of the service paid by the Customer.
5.5. The Contractor shall provide the Customer with services subject to their prior payment (partial or full, as agreed by the Parties).
5.6. Settlements between the Customer and the Contractor shall be made by the methods specified on the Contractor’s website.
5.7. Payment shall be deemed to have been made from the moment the funds are credited to the Contractor’s current account. The Customer shall be responsible for the correctness of the transfer of funds.
5.8. In case of impossibility or refusal to use the services of the Contractor, the Customer shall notify the Contractor in writing no later than 3 (three) calendar days before the date of provision of the service (the beginning of the provision of such service). The Contractor, on the basis of a written application, shall refund the funds paid by the Customer within 5 (five) business days from the date of the Customer’s submission of a written application indicating the Customer’s account details.
5.9. In case of impossibility or refusal to use the services of the Contractor less than 3 (three) calendar days before the date of provision of the services (the beginning of the provision of such service), the payment made by the Customer for the services shall not be refunded, unless otherwise agreed by the Parties.
5.10. Payment by the Customer for the services means the Customer’s full and unconditional consent to the Public Offer set out in the terms of this Agreement.
5.11. The price of services includes taxes and fees (other mandatory payments) that are payable by the Contractor in connection with the fulfillment of the terms of the Agreement in accordance with the requirements of the current legislation of Ukraine.
- LIABILITY OF THE PARTIES
6.1. For violation of the Agreement, the Parties shall be liable in accordance with the provisions of the current legislation of Ukraine and the terms of this Agreement.
6.2. A violation of the Agreement is its non-performance or improper performance, that is, performance in violation of the conditions specified in the content of this Agreement.
6.3. The Contractor shall not be liable for improper performance or non-performance of the terms of this Agreement if the Customer has not provided information and documents necessary for the provision of services, or in the event of providing information and documents in an incomplete volume or providing contradictory and/or unreliable information and/or documents.
6.4. The Customer shall be liable for the accuracy and completeness of the information provided to the Contractor. If the Customer has not indicated or incorrectly indicated information about himself, the Contractor is not liable for the losses of the Customer incurred as a result of the refusal to return the prepayment, provide services, and/or perform other actions due to the impossibility of correctly identifying the Customer.
6.5. In the event of failure to provide services due to the fault of the Contractor, the Contractor shall return the payment made to the Customer within 5 (five) calendar days based on the Customer’s written application.
6.6. In the event of a delay by the Customer in paying for services, the Customer undertakes to pay a penalty in favor of the Contractor in the amount of double the discount rate of the National Bank of Ukraine on the amount of the unfulfilled monetary obligation for each day of delay in payment.
6.7. In case of delay by the Customer in payment for services for more than 30 (thirty) calendar days from the date of provision of services, the Customer shall pay to the Contractor, in addition to the penalty provided for in clause 6.6 of the Agreement, also a fine in the amount of double the cost of unpaid services.
6.8. In the event of payment by the Customer but failure to receive services for reasons beyond the Contractor’s control, such funds may be credited with the Customer’s consent to future payments for services to be provided by the Contractor, or shall be refunded at the Customer’s request.
6.9. If payment systems are used to pay for services on the Contractor’s website, then the operator of the payment infrastructure services is responsible for the correctness and timeliness of the transfer of funds, as well as the storage and processing of personal data and other information provided to initiate the transfer of funds in accordance with the procedure provided for by the legislation of Ukraine.
6.10. The Contractor shall not be liable for any violation of the terms of the Agreement committed by him through the fault of the provider of intermediary services in the information sphere.
- FORCE MAJEURE CIRCUMSTANCES (FORCE MAJEURE)
7.1. The Parties are exempt from liability for failure to fulfill or improper fulfillment of obligations under the Agreement, if this occurred as a result of force majeure circumstances, i.e. extraordinary and unforeseen circumstances that arose after the conclusion of this Agreement, do not depend on the will of the Parties and are beyond their control, which include, in particular, but not exclusively, hostilities, revolutions, coups d’état, natural disasters, man-made and other accidents, accidents in the power supply and communication system, strikes, lockouts, sabotage and terrorist acts, decisions of state and local authorities, epidemics, pandemics, emergency situations that make it objectively impossible to fulfill the terms of the Agreement (hereinafter referred to as “force majeure”).
7.2. Force majeure applies, and the Party for which force majeure has occurred is exempted from liability for violation of the terms of the Agreement, if a certificate of the Chamber of Commerce and Industry of Ukraine or a regional chamber of commerce and industry or another official document issued by an authorized body or organization of the state where force majeure has occurred has been received.
7.3. The Party for which force majeure has occurred is obliged to notify the other Party thereof within 3 (three) calendar days from the date when the Party became aware of the occurrence of force majeure, and provide the other Party with appropriate documents to confirm force majeure.
7.4. From the moment of receipt of the notification of force majeure by the other Party, the performance of the terms of the Agreement is suspended, and the term for the performance of obligations under the Agreement is extended for the period of force majeure.
7.5. Suspension of the terms of the Agreement means that the Contractor ceases to provide the services provided for in the Agreement, and the Customer shall not make further payments for services that have not been provided, without negative consequences, penalties and liability for each of the Parties.
7.6. The Party for which force majeure has occurred is obliged to notify the other Party of the termination of force majeure within 3 (three) calendar days from the date on which the Party became aware of the termination of force majeure.
7.7. Each Party has the right to initiate termination of the Agreement if the duration of force majeure exceeds 1 (one) month.
- PERSONAL DATA
8.1. Each Party consents to the collection and processing of its personal data (including collection, registration, accumulation, storage, adaptation, modification, updating, use and dissemination (distribution, sale, transfer), depersonalization, destruction of personal data, including using information (automated) systems, as well as other types of activities that the Parties may perform with respect to personal data in written (paper), electronic and other forms) in particular, but not exclusively, of the following personal data: name, surname, patronymic, date of birth, data of the identity document (number, series, date of issue, issuing authority, etc.), registration number of the taxpayer’s registration card (tax number), extract of data from the state register of legal entities and individual entrepreneurs, taxation system, information on education and qualifications, telephone number, e-mail address and other data voluntarily provided in order to ensure the implementation of contractual relations between the Parties, maintaining accounting and management accounting, conducting advertising campaigns and marketing research, sending electronic commercial messages by information and telecommunication means (e-mail, mobile communication, via messengers, applications, social networks, etc.), communication and relations with state authorities and local self-government bodies, as well as for other purposes that cover the legitimate interest of the Contractor.
8.2. The Parties undertake to ensure appropriate protection of personal data from unlawful processing and unlawful access by third parties, including taking necessary measures to prevent the disclosure of personal data of officials, employees, authorized representatives of the Parties, if such personal data was entrusted to the Party or became known to the Party in connection with obligations under the Agreement.
8.3. By concluding the Agreement, the Customer confirms that he has been informed (without additional notification) of the rights of the personal data subject established by the Law of Ukraine “On Personal Data Protection”, the purpose of personal data processing, the composition and content of the collected personal data, as well as the conditions for access to personal data of third parties.
- DISPUTE RESOLUTION
9.1. Disputes that arise between the Parties in the process of performing this Agreement or in connection with it shall be resolved through negotiations.
9.2. All disputes of the Parties on which no agreement has been reached may be referred for resolution in court in accordance with the requirements of the current legislation of Ukraine.
9.3. By mutual consent of the Parties, the dispute may be referred for resolution to a mediator or other independent professional intermediary.
- TERM OF THE AGREEMENT
10.1. The Agreement shall enter into force on the date specified in clause 1.6 of this Agreement and shall be valid until the Parties fully fulfill their obligations under the Agreement.
10.2. The Agreement shall be terminated early:
10.2.1. by mutual consent of the Parties;
10.2.2. by a court decision that has entered into legal force;
10.2.3. on other grounds provided for by the current legislation of Ukraine and this Agreement.
- OTHER CONDITIONS
11.1. The Contractor has the right to unilaterally amend the Agreement by publishing the amendments to the Agreement on the Contractor’s website. Amendments to the Agreement shall enter into force on the date of their publication on the Contractor’s website, unless another effective date is specified additionally upon their publication.
11.2. The Contractor under this Agreement has the status of a single tax payer of the 3rd group and a VAT non-payer.
11.3. On issues arising in connection with the conclusion, execution and termination of this Agreement and not regulated by it, the Parties undertake to be guided by the norms of the current legislation of Ukraine, in particular, the provisions of the Civil Code of Ukraine and the Law of Ukraine “On Electronic Commerce”.
11.4. If any provision of this Agreement becomes invalid, this does not affect the validity of the remaining provisions of the Agreement. In such a case, the Parties, as far as possible, try to agree on replacing the invalid condition with new valid provisions that allow the original intentions of the Parties to be achieved as much as possible.
11.5. The Parties undertake to keep confidential information and trade secrets that have become known to them in connection with the fulfillment of the terms of the Agreement, not to disclose confidential information and trade secrets of the other Party, and not to use the relevant information in their own interests or the interests of third parties.
11.6. The Parties are fully responsible for the completeness and accuracy of the details provided by them in the documents. The Parties undertake to immediately notify each other of any change in name, business name, organizational and legal form, location (place of residence), correspondence addresses, telephone numbers, e-mail addresses, bank and other account details. In case of failure to notify, the guilty Party bears the risk of adverse consequences (including tax).
- ADDRESS AND DETAILS OF THE CONTRACTOR
INDIVIDUAL ENTREPRENEUR MEZIN VITALIY VIKTOROVYCH
UKRAINE, 63202, KHARKIV REGION, KHARKIV DISTRICT, TOWNSHIP. NOVA VODOLAHA,
45 AMOSOVA MYKOLI STREET, APARTMENT 11
RNOKPP _____________
IBAN: UA ____________
Bank ________________
tel.: +380 66 673 7194, info@legalprofi.com.ua
Is a single tax payer of group 3
______________________ / V. V. Mezin/