Public offer

This public agreement is a public offer (official offer) of the Private Enterprise "Way to Dream. O.K." (hereinafter referred to as the Contractor) to any legal entity or individual (hereinafter referred to as the Client, and together the Parties) to conclude the Agreement on the provision of legal services for the execution of documents (hereinafter referred to as the Agreement) on the basis of Article 633 of the Civil Code of Ukraine.

1. GENERAL PROVISIONS 

1.1. A public agreement is a transaction for the provision of services that establishes the same conditions for all Customers for the provision of these services on the terms of a public offer from the moment of its acceptance (acceptance) by the Customer. 

1.2. Public offer is an offer of the Contractor addressed to any legal entity or individual in accordance with Article 641 of the Civil Code of Ukraine to enter into an agreement with him/her contained in the public offer. 

1.3. Acceptance is the Customer's full and unconditional response to the Contractor's proposal to conclude the Agreement on the terms specified in the public offer by executing (signing) an application for accession to the Agreement and/or payment for the ordered Services, which indicate acceptance of the public offer. 

1. ACCEPTANCE CLAUSE 

2.1. Confirmation of the full and unconditional acceptance of this public offer is the placement of an order on the Contractor's websites and/or payment by the Customer for the Contractor's services. 

2.2. The Agreement shall be deemed concluded by the Parties without its further signing from the moment the Contractor receives payment for the ordered services with the obligatory notification of the Contractor about the payment and, at the request of the Contractor, providing confirmation of payment. The Agreement shall be legally binding in accordance with Article 633 of the Civil Code of Ukraine and shall be equivalent to the Agreement signed by the Parties. 

2.3. From the moment of conclusion of the Agreement provided for in clause. 

2.4. The Customer agrees to comply with the terms of the Agreement and agrees to receive services on the terms established by the Contractor in accordance with the Contractor's service tariffs existing at the time of the Agreement conclusion. All terms and conditions of the Agreement set forth in the Public Offer shall be binding on the Parties. If the Customer does not agree with the terms of the Agreement, he/she has the right not to enter into this Agreement. Accordingly, the Customer, who has made the acceptance, confirms his/her familiarization and agreement with all the terms of this Agreement. 

3. SUBJECT MATTER OF THE CONTRACT 

3.1. The Client shall entrust and the Contractor shall undertake to provide legal services in the course of execution of documents. 

4. RIGHTS AND OBLIGATIONS OF THE PARTIES 

4.1 Duties of the Contractor: 

4.1.1. Provide the Services paid for by the Customer in a quality manner and in full.

4.1.2. Comply with the terms of provision of the Services paid for by the Customer. 

4.1.3. Notify the Customer of changes in the term of the Agreement in cases provided for in Section 9 of the Agreement. 

4.1.4. Obtain the Customer's consent to change the Service in accordance with clause 9.5. of the Agreement. 

4.1.5. Consider the information provided by the Customer to be confidential. 

4.1.6. Guarantee complete safety and return of the original documents provided by the Customer under the acceptance certificate. 

4.2. Rights of the Contractor: 

4.2.1. To process the Customer's personal data received as a result of the conclusion of the Agreement, as well as to enter them into its own personal data base in accordance with the procedure established by the Law of Ukraine "On Personal Data Protection". 

4.2.2. To engage third parties to perform legal and other actions related to the provision of services to the Customer and receipt of payments under the Agreement, without the Customer's consent. 

4.2.3. Withdraw from this Agreement without imposing liability on the Contractor for non-performance/improper performance of the Agreement if the decision of the state authorities or their authorized persons denies the Customer the possibility of execution and issuance of documents for reasons provided for by the current legislation, as well as in case of discrepancies (inconsistencies, false data) in the information and/or documents provided by the Customer. At the same time, the Contractor reserves the right to withhold the cost of its services if the refusal to issue the documents was granted as a result of the Customer's illegal actions and/or provision of false information or documents. 

4.3. Rights of the Customer: 

4.3.1 Receive the ordered service in full and within the terms stipulated by the Agreement. 

4.4. Customer's obligations: 

4.4.1 Pay for the Contractor's services in the amount, procedure and terms agreed by the Customer and the Contractor. 

4.4.2. Timely and in full inform the Contractor of the information regarding the order entrusted to the Contractor, in particular the desired terms of service provision. 

4.4.3. Upon receipt of the documents prepared as part of the Service, check the correctness of all personal data, and also notify the Customer of any errors found in the documents no later than 5 working days from the date of receipt of the documents. If the Customer fails to fulfill this obligation, the Contractor reserves the right to demand additional payment of the Contractor's expenses for re-issuing the documents. 

4.4.4. Provide originals of all documents required for the Company to perform the Services. 

4.4.5. In case of changes in the norms of the current legislation of Ukraine or instructions of bodies and institutions regarding the list of necessary documents for the execution of the service(s) provided for by the Agreement, the Contractor shall have the right to request additional documents in the course of the Service implementation. Failure to provide such documents shall be considered a violation of the terms of the Agreement.  

4.4.6. Notify the Contractor of any changes in personal information (phone number, residence registration, etc.) 

4.4.7. Appear at the service realization terminal on the date and time agreed with the Contractor (in case of necessity of the Customer's mandatory presence at the time of submission/receipt of documents). 

5. DURATION 

5.1. The terms for the provision of legal services for the execution of documents under the Agreement are indicated on the Contractor's websites and depend on the payment made by the Customer. The term for the provision of legal services may be changed by the Contractor if there are objective reasons and subject to proper notification of the Client. 

5.2. All terms in this Agreement shall be calculated in business days. In case the terms of the Service or its part are calculated in calendar days (months), a reservation shall be made to this effect. 

5.3. The term of the Service shall begin from the moment the Customer provides all documents and data necessary for the implementation of the Service. 

5.5. In case of failure to meet the deadline for the performance of the Service(s) due to the Contractor's failure to comply with the terms of the Agreement, the payment shall be recalculated in accordance with the actual term of the service, observing the price gradation for the relevant service. 

5.6. The Contractor shall have the right to extend the term of the Service under the Agreement in case of the Customer's failure to comply with the terms of the Agreement or the instructions of the specialists without recalculating the cost of the Service. 

5.7. It shall not be considered a violation of the terms of the Agreement if the Contractor fails to meet the deadline for the provision of the Service (part of the Service) due to the Customer's failure to appear at the time agreed with the Contractor at state authorities and institutions if the implementation of the Service (part of it) requires the Customer's personal presence in such authorities and institutions. In this case, the term of the Service shall be calculated from the moment the Customer fulfills the obligation of personal presence in state bodies and institutions.  

5.8. In case of ordering several services or if the service consists of several stages, the total term of performance of the service(s) shall be the sum of all terms of provision of the respective services, unless otherwise provided by the terms of the Agreement. 

6. COST OF SERVICES AND PAYMENT PROCEDURE 

6.1. The cost of the Services shall be determined according to the Contractor's standards and rates, as well as by agreement of the parties and agreed with the Customer via e-mail or when accepting the order. 

6.2. The Contractor shall provide the services on a prepaid basis. The Contractor shall start performing the services only after the payment of 100% of the cost of the services. 

6.3. Payment for the Services shall be made by transferring funds to the Contractor's account. Payment may be made by the Customer at any bank branch to the account of the Contractor. When paying through the Bank, the Customer shall indicate in the payment document the account number received from the Contractor. The Contractor may not provide services if the Customer does not specify the account number in the payment document until the payment document is brought into compliance. 

6.4. In case of cashless payments, the fact of payment for the Services shall be deemed confirmed and the term of the Services shall be deemed to have commenced upon receipt of information from the bank about the crediting of funds to the Contractor's account and/or notification of the Contractor about the payment and provision of a duly executed payment document. 

6.5. In case of early termination of the agreement at the initiative of the Customer, the Contractor reserves the right to withhold the full cost of the service paid by the Customer, if the service has already been launched (preparation of documents for the launch of the service, setting up service sales lines). Or, at the Contractor's discretion, to provide the Customer with the opportunity to apply clause 5.5. of the agreement on the recalculation of the service performance period. 

6.6. In case of early termination of the Agreement at the initiative of the Customer, if the implementation of the service has not been started or has been started but not completed due to the Customer's fault, the Contractor reserves the right to withhold 20% of the total amount of the Agreement.   

6.7. In case of non-fulfillment or improper fulfillment by the Customer of its obligation under clause 4.4.7 of the Agreement, the Customer shall pay an additional UAH 500 for each subsequent visit of the Contractor's employee to implement the service. 

7. RESPONSIBILITY OF THE PARTIES 

7.1. The Contractor shall be financially liable for failure to fulfill its obligations to the Customer within the cost of the Services provided by the Contractor under this Agreement, less the costs incurred by the Company for the performance of the Service. At the same time, the Contractor shall not be liable for non-pecuniary damage. 

7.2. If the Customer provides inaccurate information, data or documents that prevent the Contractor from fulfilling its obligations under this Agreement, the Contractor shall have the right to refuse to fulfill the Agreement to the Customer and withhold the full cost of the Service under the Agreement. 

8. DISPUTE RESOLUTION PROCEDURE 

8.1. All disputes and disagreements arising in the course of work under this Agreement shall be resolved through negotiations. All disputes that cannot be resolved through negotiations shall be resolved in accordance with the current legislation of Ukraine. 

8.2. The Contractor shall accept for consideration the Customer's claims only if the Agreement and documents evidencing the fact of failure to provide or provision of poor quality services are available. 

8.3. When considering disputes and controversies, the Customer and the Contractor shall be entitled to provide printed e-mails (e-mail) with the saved service technical information in them (headers) as evidence. In case the service technical information (headers) is missing, such e-mail shall not be considered as evidence. 

9. FORCE MAJEURE AND FORCE MAJEURE 

9.1. The Parties agree that by force majeure (circumstances of insuperable force) they understand extraordinary and unavoidable circumstances under the given conditions that objectively make it impossible to fulfill the obligations under the terms of this Agreement. The Parties consider such circumstances to be, in particular: 

9.1.1. exceptional weather conditions and natural disasters, catastrophes and man-made accidents. 

9.2. Circumstances that make it impossible to perform services: 

9.2.1. unforeseen actions/inactions of a party that is not a party to the Agreement and/or that occur regardless of the will and desire of the party to the Agreement;. 

9.2.2. decisions and acts of state authorities and local self-government bodies that make it impossible to fully or partially fulfill the obligations under the Agreement, as well as liquidation, temporary suspension of the activities of the relevant state authorities, their territorial bodies and local self-government bodies; 

9.2.3. failures and updates of databases, interruptions in the operation of state electronic registers, systems and equipment that ensure the functioning of state bodies; prolonged coding of the client's name and surname due to the lack of information in the available All-Ukrainian directories. 

9.3. In the event of force majeure and unforeseen circumstances, the Contractor shall have the right to unilaterally change the term of the Service under the Agreement.  

9.4. The Parties shall not be liable for non-performance or improper performance of the Agreement if such non-performance/improper performance occurred as a result of force majeure or force majeure. 

9.5. The Contractor shall have the right, with the consent of the Customer, to change the Service (its scope, nature, place of provision, etc.) in the event of force majeure and force majeure. In case the Customer does not agree to change the Service, this Agreement shall be terminated ahead of schedule, subject to the provisions of clause 4.3. of the Agreement.