AGREEMENT FOR THE PROVIDAL OF LEGAL SERVICES No. 1-POF dated 23.07.2015
on the terms of the public offer
Attorney: Limited Liability Company "Jurinkom Law Firm", represented by Director Balaban Igor Andriyovych (hereinafter referred to as the Attorney), acting on the basis of the Charter,
Principal: An individual or legal entity that has applied to the Attorney in the manner prescribed by this Agreement for services, guided by Art. 641 of the Civil Code of Ukraine, have entered into this Agreement (hereinafter referred to as the Agreement) as follows:
1. BASIC CONCEPTS AND DEFINITIONS
Public Offer means the Attorney's offer published on the official website of the Attorney and addressed to any individual in accordance with Article 641 of the Civil Code of Ukraine to conclude an agreement on the provision of legal, information and other services contained in the public offer (hereinafter referred to as the Services).
Agreement means a transaction for the provision and receipt of the Services concluded between the Attorney and the Principal on the terms of the Public Offer at the moment of acceptance by the Principal of its terms.
Principal shall mean an individual who receives the Services under this Agreement.
Acceptance means the Principal's full and unconditional consent to all provisions of this Agreement on the terms specified in the Public Offer and its Annexes, which is equivalent to the conclusion of the Agreement and its Annexes.
Application-Order is an appendix to the Agreement, which is its integral part, signing of which by the Principal indicates accession to the Agreement (hereinafter referred to as the Application);
Appendices to the Agreement shall be its integral part. All terms and conditions contained in the Annexes to the Agreement shall supplement the terms and conditions of the Agreement.
Services shall mean the services provided by the Attorney to the Principal under the Agreement.
The official website of the Attorney shall mean the Attorney's www-server, which contains all the necessary information regarding the use of the Services. The Attorney's website shall be posted and available on the Internet at the following address: https://yrin.com/ (hereinafter referred to as the Website).
Validity Period shall mean the period of time during which the Attorney shall be obliged to provide the Principal with the Services selected and paid for by the Principal under the terms of the Agreement. The validity period shall be equal to the period of performance of the services specified on the Website. The Principal shall be deemed to have received the Services upon expiration of the Validity Period.
Termination of the Services shall mean a temporary cessation of the Services until the reasons for such cessation are eliminated, including in case of the Principal's failure to fulfill its obligations under the Agreement. Termination of the Agreement for any period due to the Principal's failure to fulfill its obligations shall not entail an extension of the Term.
2. THE SUBJECT OF THE CONTRACT. Types of services provided on the basis of a public offer.
2.1. The Attorney shall provide the Principal with the Legal Services on registration of a legal entity or individual entrepreneur, and the Principal shall pay for them in a timely manner in accordance with the terms of this Agreement and the requirements of the current legislation of Ukraine.
The services are divided into:
2.1.1. Registration of an individual entrepreneur. The service "Registration of an individual entrepreneur" is provided on the following terms and conditions:
The list of works included in this service; the list of documents to be provided to the Attorney; the scope of documents to be received by the Principal upon completion of the works; the list of additional services that the Principal may order, the cost of works, the estimated timeframe for completion of works, the cost of additional services are determined on the pages of the Attorney's Official Website, namely:
a) registration of an individual entrepreneur whose registered place of residence is in Kyiv and Kyiv region, on the Website page at: https://yrin.com/registratsiya-biznesa/registratsiya-spd-predprinimatelej ;
b) registration of an individual entrepreneur whose registered place of residence is in the territory of the anti-terrorist operation, on the Website page at: https://yrin.com/registratsiya-biznesa/registratsiya-spd-predprinimatelej/registratsiya-predprinimatelya-bez-propiski
c) registration of an individual entrepreneur whose registered place of residence is in other regions of Ukraine, on the Website page at: https://yrin.com/registratsiya-biznesa/registratsiya-spd-predprinimatelej/registratsiya-spd-fo-p-v-lyubom-regione-ukrainy.
2.1.2. Registration of a legal entity (private enterprise, limited liability company, additional liability company).
The service "Registration of a legal entity (private enterprise, limited liability company, additional liability company)" is provided on the following terms and conditions: The list of works included in this service; the list of documents to be provided to the Attorney; the scope of documents to be received by the Principal upon completion of the works; the list of additional services that the Principal has the right to order, the cost of works, the estimated timeframe for completion of works; the cost of additional services is determined on the pages of the Attorney's Official Website, namely: https://yrin.com/registratsiya-biznesa/registratsiya-ooo.
2.2. Provision of oral legal advice.
The cost of oral legal advice is determined on the Website page at: https://yrin.com/prajs-list
2.3 Obtaining or extending a work permit in Ukraine. The service "Service "Registration of a legal entity (private enterprise, limited liability company, additional liability company)" is provided on the following terms and conditions: The list of works included in this service; the list of documents to be provided to the Attorney; the scope of documents to be received by the Principal upon completion of the works; the list of additional services that the Principal has the right to order, the cost of works, the estimated timeframe for completion of works; the cost of additional services is determined on the pages of the Attorney's Official Website, namely: https://yrin.com/immigration-prawo/work-permit.
2.4. Obtaining or extending a temporary residence permit in Ukraine. The service "Obtaining or extending a temporary residence permit in Ukraine" is provided on the following terms and conditions: The list of works included in this service; the list of documents to be provided to the Attorney; the scope of documents to be received by the Principal upon completion of the works; the list of additional services that the Principal may order, the cost of works, the estimated timeframe for the works; the cost of additional services is determined on the pages of the Attorney's Official Website, namely: https://yrin.com/immigration-prawo/vremennyj-vid-na-zhitelstvo
3. PROCEDURE FOR CONCLUDING THE AGREEMENT
3.1 All terms and conditions of the Agreement shall be binding on the Principal and the Attorney. If the Principal does not agree with the terms of the Agreement, he/she shall not be entitled to use the Services. Accordingly, the Principal who has entered into the Agreement (signed the Application, sent an e-mail and/or order, paid the money, issued a power of attorney in the name of the Attorney's employees, etc.) shall be deemed to have read the terms of the Agreement and to have agreed to all the terms of the Agreement, the list of works included in the service chosen by him/her, the estimated terms of performance of works, the cost of works and additional services.
3.2. Conclusion of the Agreement by the Principal (signing the Application, sending an e-mail and/or order, paying the funds, issuing a power of attorney in the name of the Attorney's employees, etc.) shall indicate the Principal's accession to the Agreement in accordance with Article 633 of the Civil Code of Ukraine and shall be equivalent to the Agreement signed by both parties.
3.3 The Agreement shall come into force from the date of receipt by the Attorney of the payment in the amount agreed by the parties (as determined by the amounts provided for in Clauses 2.1.-2.4 of the Agreement) in full or partial payment.
4. PROCEDURE FOR PROVIDING AND RECEIVING SERVICES
4.1 The conditions for the provision of the Services are:
4.1.1. familiarization of the Principal with the terms of this Agreement;
4.1.2. execution by the Principal of a written Application for Accession to this Agreement specifying the Services ordered or sending the order to the Attorney by sending an e-mail to the Attorney's e-mail address indicated on the Attorney's website: https://yrin.com/kontakty ;
4.1.3. payment by the Principal for the ordered Services of the Attorney;
4.2. In order to order the services, the Principal shall come to the Attorney's office, which is indicated on the page at: https://yrin.com/kontakty. In addition, the Principal's order may be sent to the Attorney's e-mail address with a clear list of all actions to be performed by the Attorney.
4.3. When ordering the services, the Principal shall submit to the Attorney the documents, photocopies/scanned copies of the documents, the list of which depends on the type of services chosen by the Principal and provided for in Clauses 2.1.1. through 2.1.5. of the Agreement. In addition, the Documents may be sent to the Attorney's address and photocopies/scanned copies of the documents may be sent to the Attorney's e-mail address.
4.4. The documents to be submitted/sent to the Attorney for performance of the work under the Agreement shall not be overdue or forged. The Principal shall be responsible for the content of the information submitted for the performance of the work (specified in the Application sent to the Attorney's e-mail address). The Principal shall be responsible for the conformity of photocopies/scanned copies sent and/or sent to the Attorney's address/e-mail address with the original Document.
4.5. All types of work provided for in this Agreement may be performed by the Attorney only on the basis of a power of attorney certified in accordance with the procedure established by the current legislation of Ukraine.
4.5. The day of commencement of the services shall be deemed to be:
4.5.1. for the services specified in Clause 2.1.1 of the Agreement - the first business day at the state registration authority following the day of receipt by the Attorney from the Principal of the power of attorney for registration actions, duly certified. If the Principal's registered place of residence is located outside Kyiv, the day of commencement of the services shall be the next business day following the day of receipt by the state registration authority of the mail sent by the Attorney to the address of such authority.
4.5.2. For the services specified in Clause 2.1.2. of the Agreement - the first business day at the state registration authority following the day of receipt by the Attorney from the Principal of the constituent documents signed by the participants, the decision to establish a legal entity and powers of attorney to perform registration actions on behalf of all founders of the legal entity, certified in accordance with the procedure established by the current legislation of Ukraine. If the future location of the legal entity to be registered at the request of the Principal is outside Kyiv, the day of commencement of the services shall be the next business day following the day of receipt by the state registration authority of the mail sent by the Attorney to the address of such authority.
4.5.3. For the services specified in clause 2.1.3. the first working day at the Employment Center shall be the day following the day of receipt by the Attorney from the Principal of a photocopy of the passport (with official translation into Ukrainian) of the person for whom the work permit is obtained/extended, application and power of attorney signed on behalf of the employer and sealed.
4.5.4. For the services specified in clause 2.1.4. - the first working day at the Migration Service Department following the day of receipt by the Attorney from the Principal of a photocopy of the passport (with official translation into Ukrainian) of the person for whom the residence permit is obtained/extended, the original passport, power of attorney to represent the interests of the person for whom the residence permit is obtained/extended, certified in accordance with the established procedure.
4.6. Upon completion of the work, the Attorney shall notify the Principal of the fact of the work by telephone. In this case, the Attorney shall use the means of communication specified by the Principal in the Application or notification by sending an e-mail. The Principal shall, within 10 business days after notification of the performance of the work, personally (or through an authorized representative) receive from the Attorney all documents received during the registration process. In case of
4.7. If any disputes arise regarding the services provided for in Clause 2.1.1 of the Agreement, it shall be deemed that the services for registration of an individual entrepreneur have been fully performed from the date of entry of the record of registration of the Principal as an individual entrepreneur in the Unified State Register
4.8. In case of any disputes regarding the services provided for in clause 2.1.2 of the Agreement, it shall be deemed that the services for registration of the legal entity specified in the Application and/or for the registration of which a power of attorney was issued have been fully performed from the date of entry of the registration of such legal entity in the Unified State Register.
4.9. In case of any disputes regarding the services provided for in clause 2.1.4 of the Agreement, it shall be deemed that the services have been fully performed from the moment the Employment Center makes a decision to issue a work permit.
4.10. In case of disputes regarding the services provided for in clause 2.1.5 of the Agreement, it is considered that the services are fully performed from the moment the migration service unit makes a decision to issue or refuse to issue a temporary residence permit, if such a refusal is made on the grounds provided for by the current legislation of Ukraine.
4.11. The Principal's claims regarding the quality, correctness and timing of the services provided to him/her in accordance with the terms of this Agreement and the Application shall be accepted within 10 days from the date of entry into the Unified State Register of the registration of the individual entrepreneur or legal entity whose registration was the subject of this Agreement. Such claims shall be received in writing and considered by the Attorney within five days from the date of receipt of the claim. Upon consideration of the claim, the Attorney shall decide to satisfy the claim and correct the results of the work under this Agreement or to reject the claim due to its groundlessness.
4.12. The Attorney shall not be liable for improper performance of their official duties or violation of the terms of registration actions by state registrars, employees of the State Fiscal Service, employees of the State Employment Service and the Migration Employment Service and other employees who are responsible for performing actions.
5. RIGHTS AND OBLIGATIONS OF THE ATTORNEY
5.1. The Attorney shall have the right to:
5.1.1. make amendments and additions to the terms and conditions of the Agreement and its annexes; notifications of such amendments and additions shall be published on the official website of the Attorney at least 5 (five) calendar days prior to their entry into force;
5.1.2. independently set the cost of services for the Services and additional services.
5.1.3. reduce the list or terminate the provision of Services to the Principal in case of violation of the terms of this Agreement;
5.1.5. to store and process information received in the course of rendering the Services.
5.2. The Attorney shall be obliged to:
5.2.1. provide the Services within the terms and to the extent stipulated by the Agreement and the Application;
5.2.2. take measures in accordance with the applicable law to ensure confidentiality of the information transmitted by the Principal, as well as information about the Principal and the Services received by him/her.
6. RIGHTS AND OBLIGATIONS OF THE PRINCIPAL
6.1. The Principal shall be entitled to:
6.1.1. full and timely receipt of the ordered Services of proper quality;
6.1.2. to receive from the Attorney information about the Services performed in accordance with the procedure established by law;
6.1.3. obtaining additional services of the Attorney;
6.2. The Principal shall be obliged to:
6.2.1. to pay for the ordered Services in the amount and within the terms stipulated by the Agreement;
6.2.2. promptly notify the Attorney of any changes in the details specified by the Principal in the Application.
6.2.3. When signing all documents, check the correctness of spelling of the Surnames, First Name, Patronymic, full and abbreviated names of the legal entities being registered or submitting applications in the registration cards, applications, and other documents prepared by the Attorney.
7. RESPONSIBILITY OF THE PARTIES AND DISPUTE RESOLUTION PROCEDURE
7.1. The Attorney and the Principal shall be liable for violation of the terms of this Agreement in accordance with the current legislation of Ukraine.
7.2. All disputes under the Agreement between the Attorney and the Principal shall be resolved through negotiations, and in case of failure to reach an agreement - in accordance with the current legislation of Ukraine.
7.3. The Attorney shall not be liable for the quality of the services rendered if the Principal has provided the Attorney with false information or failed to disclose certain facts or failed to provide documents that are essential for determining the circumstances of the case or situation that required resolution.
7.4. The Principal shall not have the right to unilaterally withdraw from the services under the Agreement after placing an order. In the event of such refusal, it shall be deemed that the Attorney has performed all the work in full. The funds paid in favor of the Attorney shall not be refunded in case of such unilateral withdrawal if the Attorney has performed at least one of the actions related to the performance of work under this Agreement, such as: filling out a registration card, drafting constituent documents and/or a decision to establish a legal entity. The subsequent refusal of the Principal from the ordered services shall not be grounds for refund of the fees paid by the Principal.
7.5. The subsequent refusal of the Principal from the ordered services shall not be a ground for using the funds paid by the Principal to obtain other services provided by the Attorney to an unlimited number of legal entities and individuals.
7.6. Neither Party shall be liable for failure to fulfill or improper fulfillment of the terms of this Agreement if it is caused by force majeure, i.e. unavoidable actions under force majeure circumstances, which the Parties could not have known in advance or could not have foreseen. Such circumstances include: fire, flood, earthquake, tsunami, tornado, hurricane, typhoon, landslides, mudflows, snow avalanches, volcanic eruptions and other natural disasters; wars, revolutions, coups d'état, strikes, sabotage and terrorist acts, robberies, accidents in the energy supply and communication system, changes in legislation, actions of state authorities and their officials, if these circumstances directly affect the performance of this Agreement and their occurrence is legally certified. During the period of force majeure, the parties shall have no mutual claims and each party shall assume its own risk of the consequences of force majeure.
7.7. The terms of performance of works under this Agreement are indicative.
7.8. . The Attorney does not guarantee the absolute error-free nature of the Services and does not warrant that any materials as part of the Services provided are error-free. The Attorney shall use all reasonable efforts and measures to prevent this. The Principal shall fulfill in good faith its obligations under Clause 6.2.3. of the Agreement. If the Principal discovers any errors or inaccuracies in the received documents caused by the Attorney, the Attorney shall, if possible, correct the errors free of charge as soon as possible. If the errors occurred due to the Principal's negligent performance of its obligations under Clause 6.2.3. of the Agreement, the Attorney shall have the right to refuse the Principal to correct such errors free of charge. In this case, the Principal shall have the right to order an additional service to make appropriate changes to the documents.7.9. The Attorney shall not be liable for any direct or indirect damage caused to the Principal as a result of the use or inability to use the Services or incurred as a result of errors, inaccuracies, defects, violation of the terms of performance, delays in performance or data transmission and other reasons. The Attorney shall assume full responsibility and risks associated with the use of the Services received, including responsibility for assessing the accuracy, completeness and usefulness of the Services received.
7.10. The Attorney shall not be a defendant or a co-respondent for any obligations and expenses related to the violation of the provisions of the offer by the Principal, the Attorney or other persons, or related to the use of the Services or the results of the Services by the Principal.
7.9. The Contractor shall not be liable for refusal to carry out registration actions that occurred through no fault of its own. If such refusal is due to the Attorney's incorrect execution of the documents submitted to the state registrar, the Attorney's liability shall be limited to the obligation to correct the errors (inaccuracies) and submit all necessary documents for such registration actions.
10. TERM OF THE AGREEMENT
10.1. The Agreement shall come into force from the moment of its publication.
10.2. The term of the Agreement for the Attorney shall commence upon acceptance of the offer and shall be valid until the Attorney receives any documents required by the terms of this Agreement.
11. LOCATION AND BANK DETAILS OF THE ATTORNEY:
Limited Liability Company "Law Firm "Jurinkom"
Location: 38, Shota Rustaveli St., Kyiv, 01033, office 12.
EDRPOU code 31986587
Current account IBAN UA783052990000026004015003109
11.Payment methods:
11.1. Cashless payment in any bank of Ukraine.
When paying, please indicate the purpose of payment: For legal services according to the public offer No. 1-POF dated 23.07.2015. Payer (please specify your full name)