Public offer agreement

The document, the provisions of which are set out below in the text, is a public offer of the LIMITED LIABILITY COMPANY “KUPTSOVA” in accordance with Articles 633, 641 of the Civil Code of Ukraine, the Law of Ukraine “On Electronic Commerce”, the Law of Ukraine “On Protection of Consumer Rights”, to remotely, using information and communication systems, conclude an Agreement for the provision of digital services for the supply of digital content and/or an Agreement for the provision of legal services (legal assistance), depending on the service selected by the client on the website https://privacylawyer.kiev.ua/. This public offer is the same for all Clients and is addressed to all individuals and legal entities wishing to use the service and having the technical ability to receive the service. Clients have the opportunity to receive the Public Offer Agreement in a form that makes it impossible to change the content.

The Offer establishes and the parties agree that this Agreement, in terms of digital services provided by the Contractor, is a form of concluding a public agreement on the provision of digital services for the supply of digital content, and in terms of legal services provided by the Contractor, is a form of concluding a public agreement on the provision of legal services and/or an agreement on the provision of legal assistance.

Do not use the site https://privacylawyer.kiev.ua/ and do not order the services offered on it if you do not understand the terms and content of the Public Offer Agreement and/or you do not agree with the content of the Public Offer Agreement in whole or in any part of it.

LIMITED LIABILITY COMPANY “KUPTSOVA” (LLC “KUPTSOVA”), a legal entity established and operating under the legislation of Ukraine, identification code of the legal entity according to the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations – 41947455, entry number in the Unified State Register of State Registration of a Legal Entity: 10651020000026752, located at: Ukraine, 02091, Kyiv, KHARKIVSKE SHOSE, building 56, office 746A, hereinafter referred to as “EXECUTOR”, guided by the current legislation of Ukraine, offers (public offer) to an individual and/or legal entity (hereinafter referred to as “CLIENT”), hereinafter jointly – “Parties”, and each individually – “Party”, acting in accordance with free will, which fully corresponds to the internal will, as participants in this transaction, purposefully, consciously and voluntarily, reasonably and at their own discretion, in the absence of any pressure, both physical and mental, acting without the influence of deception, without violating the rights of third parties, desiring the real occurrence of legal consequences stipulated by this Public Offer Agreement (hereinafter referred to as the “Agreement”), being of sound mind and clear memory, realizing the significance of their actions and guiding them, not being mistaken about the circumstances stipulated by this Agreement, guided by the principle of freedom of contract and on the basis of mutual consent, having full and unrestricted legal capacity and capacity, conclude this Agreement on the following terms:

1. TERMS AND DEFINITIONS

1.1. Public offer (contract) – an offer of the Contractor, addressed to any individual and/or legal entity, in accordance with Article 633 of the Civil Code of Ukraine, remotely, using information and communication systems, to conclude a Digital Services Agreement for the supply of digital content and/or a Legal Services Agreement (legal aid), depending on the service selected by the client on the website https://privacylawyer.kiev.ua/.

1.2. Acceptance is the Customer’s full and unconditional consent to conclude this Agreement on the terms and conditions specified in this Agreement, including full or partial payment by the Customer of the cost of the services of LIMITED LIABILITY COMPANY “KUPTSOVA” (LLC “KUPTSOVA”). Full or partial payment for the services by the Customer is confirmation of the fact of consent to begin supplying digital content to the Contractor during the withdrawal period (14 days) and thereby the Customer waives the right to withdraw from the Agreement upon providing such prior consent.

1.3. Client – an individual or legal entity who has contacted the Contractor to obtain legal services and/or legal assistance and/or to obtain digital content delivery services, filled out and sent any form on the website, or contacted the contacts specified on the website: https://privacylawyer.kiev.ua/ including, but not limited to, the following telecommunications networks: telephone, text telephone (teletype TTY), e-mail, Viber, Telegram, WhatsApp or otherwise contacted the LIMITED LIABILITY COMPANY “KUPTSOVA” (LLC “KUPTSOVA”), accepted this Agreement and paid for the service.

1.4. The Contractor is LIMITED LIABILITY COMPANY “KUPTSOVA” (LLC “KUPTSOVA”), identification code of the legal entity according to the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations – 41947455.

1.5. Personal data – information or a set of information about an individual who is identified or can be specifically identified.

1.6. Personal data subject – an individual in respect of whom, in accordance with applicable law, their personal data are processed.

1.7. Consent of the personal data subject – any voluntary expression of will by an individual to grant permission for the processing of their personal data in accordance with the formulated purpose of their processing. Acceptance of this agreement implies the consent of the subject of personal data to their processing.

1.8. Legal services – provision of legal services by LIMITED LIABILITY COMPANY “KUPTSOVA” (LLC “KUPTSOVA”) and/or its lawyers and advocates to the Client.

1.9. Digital services – services for the supply of digital content that are not supplied on a tangible medium and enable the Client to process, store, and access data in digital form, including access to certain paid digital content in exchange for payment.

2. SUBJECT MATTER

2.1. This public offer agreement is a proposal by the Contractor to conclude a Digital Services Agreement for the supply of digital content and/or a Legal Services Agreement (legal assistance) is a public agreement, in accordance with Article 633 of the Civil Code of Ukraine, is considered concluded by the Parties from the moment of the Client’s Acceptance of the terms of the Agreement.

2.2. In accordance with the procedure and on the terms specified in this Agreement, the Contractor undertakes to provide, and the Client undertakes to accept and pay for the Contractor’s services.

3. PROCEDURE FOR PROVISION OF SERVICES

3.1. When ordering a service, the Client is responsible for the authenticity, correctness and truthfulness of the submitted documents and information to receive the service, being aware of the legal consequences of submitting invalid and/or forged documents and inaccurate information. LIMITED LIABILITY COMPANY “KUPTSOVA” (LLC “KUPTSOVA”) is not responsible if the Client who applied for digital services for the supply of digital content and/or the provision of legal services (legal assistance): submitted false information on any issue related to the provision of the service by the Contractor; submitted invalid and/or forged documents; did not declare the absence or presence of all facts and/or persons whose rights or interests may be affected by the service requested by the Client.

3.2. In the event of the inability to process and fulfill an order for a service from the Client due to an incorrectly specified email address and/or phone number, the Contractor has the right to cancel the relevant order for the service.

3.3. After entering information into the service order form, by clicking the “Order” button, the Client receives confirmation of the order and final information about the name of the service, its price and the offer to “proceed to payment”. In the event of unconditional agreement with the terms of the Public Offer Agreement, the terms of service provision, the Client clicks the “proceed to payment” button, which redirects the Client to the secure.wayforpay.com service, which indicates the final total cost of the service and provides the opportunity for the Client to pay for the service.

3.4. After receiving the full prepayment for the cost of the services, the Contractor provides digital services for the supply of digital content and/or begins providing legal services (legal aid) selected and paid for by the Client.

4. RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1. The Client has the right:

4.1.1. To receive services in the scope and on the terms stipulated by this Agreement and the website https://privacylawyer.kiev.ua/

4.1.2. To receive necessary and reliable information about the Contractor, its activities, scope, cost, terms and procedure for providing Services.

4.2. The Client undertakes:

4.2.1. Accept the Agreement, namely, pay for the services by prepayment in the manner and amount provided by the website https://privacylawyer.kiev.ua/, chat bot or issued invoice for payment of services.

4.2.2. Strictly comply with the terms of this Agreement.

4.2.3. Within the time limits agreed with the Contractor, perform all actions related to the provision of services under this Agreement that the Client must perform personally, namely, send a list of questions regarding the topic of the consultation, electronic copies of documents necessary for the provision of legal services, sign contracts for the provision of legal services (legal aid), agree, if necessary, the content of documents, sign the necessary documents, accept a phone call in a timely manner or follow the link to a zoom call at the date and time of the online consultation agreed upon by the Contractor.

4.2.4. Provide the Contractor with reliable information regarding personal data, and provide documents necessary for the identification of the Client and for the processing of personal data, as well as complete, comprehensive and reliable information, documents (if any) necessary for the performance of the subject of the Agreement;

4.2.5. Accept the provided digital services for the supply of digital content and/or legal services;

4.3. The Contractor has the right:

4.3.1. Receive from the Client timely and in full payment for services in the manner and amounts provided for by the website https://privacylawyer.kiev.ua/ and/or the chat bot and/or the invoice issued for payment.

4.3.2. Unilaterally refuse to perform this Agreement or suspend it in the event of rude (impudent, obscene) behavior of the Client towards the Contractor or its representatives.

4.3.3. In order to effectively provide services, require the Client to provide any information and documents related to the provision of services under this Agreement.

4.3.3. Refuse to provide the Client with Services under the Agreement in the event of a violation by the Client of the terms of this Agreement.

4.3.4. Postpone the online consultation to another time and date, notifying the Client of such postponement 2 calendar days in advance. In the event of the Client’s refusal to postpone such an online consultation to another time and date, the Contractor shall transfer the funds paid for the online consultation in full within 10 business days.

4.4. The Contractor undertakes to:

4.4.1. Provide the Client with the opportunity to receive services within reasonable terms and within the terms provided for by the site, in accordance with the terms of this Agreement.

4.4.2. Ensure the quality of legal services in accordance with the requirements agreed with the Client in this Agreement.

4.4.3. Use the Client’s personal data in accordance with the legislation of Ukraine.

4.5. The list of rights and obligations of the Parties specified in this section of the Agreement is not exhaustive. The Parties also have other rights and obligations provided for by this Agreement, the site https://privacylawyer.kiev.ua/ and the norms of current legislation of Ukraine.

5. PAYMENT FOR SERVICES

5.1. The cost of services provided by the Contractor under this Agreement is determined for each individual service next to the name of the service on the website https://privacylawyer.kiev.ua/.

5.2. The list of services, the price of services indicated on the website may be changed unilaterally by the Contractor.

5.3. Payment for services is made by prepayment in the national currency of Ukraine – hryvnia – in a non-cash form, by transferring funds to the Contractor’s bank account.

5.4. Payment is considered to have been made from the date of crediting the relevant amount of funds to the Contractor’s current bank account.

5.5. The basis for the start of the provision of digital services for the supply of digital content and legal services is the duly confirmed payment under the contract for the service selected by the Client.

5.6. From the moment of receiving the full prepayment for digital services for the supply of digital content, the supply of digital content not on a tangible medium begins. By making the payment, the Client provides his prior express consent to the start of the supply of digital content during the withdrawal period. If the Client at any time after making the payment contacts the Contractor with a request to stop the supply of digital content, he understands and agrees that the funds paid by the Client will not be refunded, and the services are considered to have been provided in full and properly.

5.7. If the Client, after making payment for legal services, refuses the Agreement, namely refuses to receive legal services (applies to the Contractor with a request not to file a statement of claim or any other statement provided for by the legislation of Ukraine, not to provide legal services agreed upon by the parties):

a) within 48 hours from the moment of making payment for such legal service, if the Client did not send the Contractor any documents for the provision of legal services (including in electronic form), then he is paid, 80% of the cost of the paid services is returned within 10 business days from the moment of filing an application for a refund;

b) at any time after making payment for legal services, provided that the Client sends the Contractor any documents for the provision of legal services (including in electronic form), the refund to the Client is not made, since a significant part of the service volume has already been was provided, a legal analysis of individual documents was conducted and relevant court decisions were analyzed.

5.8. If the Client, after paying for the consultation, withdraws from the Agreement, refuses to receive such consultation, does not appear for the consultation on the date and time agreed upon by the parties, initiates a change in the date and time of such consultation less than 2 calendar days before the consultation, then the funds paid by the Client for such online consultation will not be refunded.

5.9. The Client understands and agrees that the operator for accepting and processing payments for the services presented on the site is, depending on the circumstances, one of the acquiring companies connected to the site and independently selected by the Client in the process of making payment for the service. The Contractor is not responsible for the work and procedure for providing services by such a company, but in the event of technical impossibility of making payment for services on the site, it provides the Client with other options for making such payment.

6. LIABILITY OF THE PARTIES

6.1. The Parties shall bear the liability provided for by the current legislation of Ukraine.

6.2. The Parties shall not be liable for breach of their obligations under this Agreement, if it occurred through no fault of theirs. A Party shall be deemed innocent if it proves that it has taken all measures within its power to properly execute the Agreement. The Contractor shall not be liable for the correctness and reliability of the information provided in the course of consultation if the Client has provided incomplete, distorted, irrelevant, or misleading information.

6.3. The Parties shall not be liable to each other for indirect damage (including for lost profits) caused by non-fulfillment/improper fulfillment of the terms of this Agreement.

6.4. The Parties are aware that they are concluding this Agreement during martial law introduced in connection with the military aggression of the Russian Federation against Ukraine, which became the basis for the introduction of martial law from 05:30 on February 24, 2022 for a period of 30 days, in accordance with the Decree of the President of Ukraine dated February 24, 2022 No. 64/2022 “On the Introduction of Martial Law in Ukraine” (as amended). The Parties affirm that this Agreement does not violate public order and does not contradict the interests of the state and society in accordance with Article 228 of the Civil Code of Ukraine.

The Parties understand that by concluding the Agreement during martial law, they understand and agree with the fact that in the future none of the Parties to the Agreement will refer to martial law as an act of force majeure in the event of improper performance of their obligations in whole or in part. Martial law does not exempt the Parties from liability for failure to perform and/or improper performance by them of the relevant obligations under this Agreement.

6.5. In the event of other circumstances that prevent one of the parties from fully or partially fulfilling its obligations under the contract (fire, natural disaster, flood, embargo, military actions, decisions of state bodies, etc.) and independent of the will and consciousness of the parties, the terms for fulfilling the obligations under the contract are postponed in accordance with the time during which the specified circumstances were in effect. The party that cannot fully or partially fulfill its obligation under this contract is not liable if this was a consequence of the occurrence of the specified extraordinary circumstances after the signing of the contract, which the party to the contract could not foresee and which it could not prevent.

6.6. Violation of the deadlines for considering applications, petitions, claims, attorney requests, court decisions of any instance, and the assessment of the submitted evidence are within the competence and internal conviction of the relevant court, notary bodies, state authority and local self-government, and do not fall within the competence and responsibility of the Contractor.

7. DISPUTE RESOLUTION

7.1. All disputes arising during the performance of this Agreement shall be resolved by the Parties through negotiations.

7.2. In the event that the Parties fail to reach an agreement on the disputed issues, the dispute shall be resolved in court under the jurisdiction established by the current legislation.

In cases not provided for by this Agreement, the Parties shall be guided by the current legislation of Ukraine.

8. 8. TERM OF THE AGREEMENT AND CONDITIONS FOR ITS TERMINATION

8.1. This Agreement is a public offer and comes into force from the moment of its Acceptance by the Client and is valid for 3 years, but in any case until the Parties fully fulfill their obligations under this Agreement.

8.2. The Contractor independently determines the terms of the Agreement and has the right to change the terms of the Agreement with the mandatory posting of new terms of the Agreement on the Site https://privacylawyer.kiev.ua/, and also guarantees and confirms that the current version of the text of this Agreement posted on the Site is valid.

8.3. In the event of a violation of the terms of the Agreement by the Client, the Agreement may be terminated/terminated by the Contractor unilaterally without refunding the funds paid to the Client, while the services are considered to have been provided in full and properly.

8.4. The Client has the right to unilaterally terminate this Agreement provided that there is no debt to the Contractor, by notifying the termination of the Agreement in writing no later than 14 (fourteen) calendar days prior to the date of termination of the Agreement.

8.5. Termination of this Agreement does not release the Parties from fulfilling the obligations assumed during its validity period.

9. 9. FINAL PROVISIONS

9.1. By concluding this Agreement, the Client automatically agrees to the full and unconditional acceptance of the provisions of this Agreement.

9.2. The invalidity of any provision or clause of this Agreement or its Annexes shall not affect the validity of other provisions and conditions of the Agreement.

9.3. The Parties certify that this Agreement has been concluded with the Parties’ full understanding of its terms and terminology in compliance with all general requirements necessary for the validity of the transaction in accordance with Article 203 of the Civil Code of Ukraine.

9.4. In accordance with the requirements of Article 647 of the Civil Code of Ukraine, the Agreement is considered concluded at the location of the Contractor, namely: Ukraine, the city of Kyiv.

9.5. Proper notification and provision of information to the Clients specified in this Agreement is the posting of relevant information on the website https://privacylawyer.kiev.ua/.

9.6. By accepting the Agreement, the Client declares that he is aware that the fact of concluding this Agreement means that:

a) The Client is familiar with and consciously agrees to comply with all the terms of the Agreement;

b) The Client is familiar with the cost of digital services for the supply of digital content and legal services under this Agreement, which fully satisfies him;

c) The Client gives his consent to the access, collection/processing/use/storage/distribution of his personal data by the Contractor for the performance of the subject of the Agreement, unless this contradicts the current legislation of Ukraine.

9.7. The following categories of personal data of individuals are processed: documents issued in the name of individuals, documents signed by them, information that these individuals provide about themselves, in particular, surname, first name, patronymic, passport data, personal signature; place of residence and/or place of stay of the individual; bank details; electronic identification data (email address, phone number); registration number of the taxpayer’s account card of the individual (individual tax number) and other information necessary for the Contractor to provide services in accordance with the terms of this Agreement. The Contractor receives the Client’s personal data from open sources, directly from the Client in written documents submitted by the Client in the name of the Contractor, as well as by providing the Client with copies of documents containing the Client’s personal data.

9.10. By familiarizing yourself with the website https://privacylawyer.kiev.ua/ and/or paying for any Services provided by the Contractor’s representatives, and/or filling out the personal data form, the Client agrees to the processing of personal data, including the transfer of relevant information to persons involved in the performance of the specified actions, as well as to the sending of news and/or advantageous offers from the Contractor, including via SMS messages or notifications in mobile applications.

10. 10. LEGAL DETAILS

LIMITED LIABILITY COMPANY “KUPCOVA” (LLC “KUPCOVA”), identification code of the legal entity according to the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations – 41947455,

located at: Ukraine, 02091, Kyiv city, KHARKIVSKE SHOSE, building 56, office 746A

E-mail address: kupcova.yana@gmail.com