1. GENERAL PROVISIONS
1.1. The present document constitutes a Public Offer of the Limited Liability Company "Law and Trust" - a legal entity registered in accordance with the legislation of Ukraine (EDRPOU 40891799, legal address: Bohdana Khmelnytskoho Street 66/2, office 51) , hereinafter referred to as the "Contractor" and contains all the essential terms and conditions for providing information and consulting services.
1.2. Public Offer Agreement is an official document published on the website of the Contractor at the address: https://lawstrust.com/en/offer_tov that is the main source of informing Customers.
1.3. In case of making payment for the Services, a legal entity or a natural person thereby agrees to the terms and conditions of this Public Offer Agreement on the provision of services (hereinafter referred to as the "Agreement"), which are listed below, and becomes the Customer. The Contractor and the Customer together become the Parties to the Agreement.
1.4. Public Offer Agreement is not required to be signed and stamped by the Customer, while maintaining full legal force and effect.
1.5. In connection with the aforementioned, the Customer must attentively read the text of the present Public Offer Agreement, and in case of disagreement with the terms and conditions - refuse to conclude the Public Offer agreement and use the Contractor’s services.
2. SUBJECT OF PUBLIC OFFER AGREEMENT
2.1. In accordance with the terms and conditions of the present Agreement, the Contractor shall provide the services specified in the issued invoice (hereinafter referred to as the “Services”), and the Customer undertakes to pay for these services in accordance with the invoice issued.
3. ACCEPTANCE OF THE AGREEMENT AND CONCLUSION OF PUBLIC OFFER AGREEMENT
3.1. The Customer makes acceptance of the Public Offer by paying for the Contractor’s services in respect of which the Agreement is concluded. The Customer’s acceptance of this Agreement means that he/she fully agrees with all the terms and provisions of the present Public Offer Agreement.
3.2. By making acceptance of the Public Offer due to the order specified in paragraph 3.1 of the present Public Offer Agreement, the Customer assures that he/she is familiar, agrees, fully and unconditionally accepts all the terms and conditions of the Agreement in the form in which they are presented.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Contractor undertakes to:
4.1.1. Organize and ensure proper provision of Services.
4.1.2. Use all personal data and other confidential information about the Customer only for the provision of services, not to transfer and not to disclose information indicated in documentation and customer information to the third parties.
4.1.3. Provide oral and written consultations regarding additional issues of the Customer. The extent and timing of consulting, and the form of consultation are determined in each case independently by the Contractor.
4.1.4. The client is obliged to provide all the documents and carry out all the corresponding actions, which are included in the KYC or relate to the KYC, Due Diligence procedures for him/her and persons affiliated with him/her, if the foregoing mandatory regulation is established by the country where the client buys services.
4.2. The Contractor is entitled to:
4.2.1. Unilaterally determine the value of all the Services provided and change the terms of the present Public Offer Agreement.
4.2.2. Independently determine the forms and methods of providing Services on the basis of legal requirements, technical capabilities, as well as specific conditions of the agreement taking into account wishes of the Customer.
4.2.3. Use the services of any natural person or legal entity for the purpose of timely and quality fulfillment of obligations under the Agreement; independently determine the team of professionals providing services, and distribute the work between them at own discretion.
4.2.4. Demand payment for rendered services or for services being provided.
4.2.5. Refuse providing services for the Customer in the case of non-payment (partial payment) for services in a timely manner, when untimely providing the application for the provision of service.
4.2.6. Obtain any information from the Customer which is necessary to perform own obligations under the Agreement. In case of submitting any incorrect or incomplete information by the Customer, the Contractor is entitled to suspend performance of own obligations under the Agreement until provision of the necessary information.
4.3. The Customer undertakes to:
4.3.1. Timely and fully pay the cost of the services being provided by the Contractor in due order, in time and in the amount set forth herein.
4.3.2. Provide the Contractor with all the information and data which are necessary to fulfill obligations under the Agreement.
4.3.3. Not to disclose confidential information and other data provided by the Contractor in connection with the execution of this Agreement.
4.3.4. Not to compete with the Contractor in any spheres, be respectable, not to interfere into the internal affairs of the Contractor, not to take measures that directly or indirectly impair work organization of the Contractor and affiliated persons.
4.3.5. Apply for services, including additional services, directly through the contacts indicated on the website - https://lawstrust.com. Not to put conflicts in place, not to mislead the Contractor.
4.3.6. Not to use services of agents, providers, assistants, employees, authorized representatives of the Contractor for own purposes without prior consent of the Contractor.
4.4. The Customer has the right to:
4.4.1. Demand from the Contractor to provide information regarding the issues of organization and proper ensuring of the Services provision.
4.4.2. Demand proper and timely provision of the Services by the Contractor.
5. TERMS OF RENDERING SERVICES
5.1. The Terms of providing Services are discussed with the Customer individually and begin to be calculated from the moment when the Contractor receives from the Customer all necessary information, required documents, and payment in accordance with the procedure provided for in paragraphs 6.3, 6.4. of this Agreement.
6. COST OF SERVICES AND PAYMENT PROCEDURE
6.1. The cost of the Services being rendered is determined by the Contractor in the invoice in which the Services are stipulated, and the Customer is obligated to pay for these Services.
6.2. The cost of the Services is calculated in US dollars.
6.3. Payment for Services under this Agreement shall be made on the basis of 100% prepayment and in the manner prescribed by the present Agreement.
6.4. The Customer is solely responsible for the accuracy of payments made by him/her. The moment of payment is considered to be the crediting of funds to the Contractor’s settlement bank account.
6.5. The Contractor reserves the right to change Tariffs at own discretion.
6.6. Tariffs on the website www.lawstrust.com are indicated for standard Services and considered as informative. The final cost of the Service is determined by the Executor depending on the Customer's task. In the event that additional services are required, the cost increases accordingly.
6.7. Fee for the provision of Services for registration and company maintenance is charged in advance and annually thereafter.
6.8. Fee for the Contractor’s services is not refundable and does not include the tariffs and commissions of the bank.
6.9. If the Customer provides incomplete, false or contradictory information, which affected the outcome of the Services provided to the Customer, the Contractor reserves the right not to refund the Customer’s payments made for these Services.
6.10. In the framework of fulfilling obligations under the Agreement, the Contractor provides standard set of documents for the company ordered, which is preliminary agreed with the Customer. If the third party requests documents that are not included in the agreed standard set, the Customer himself/herself bears the costs of issuing and delivering the designated documents.
7. RESPONSIBILITY OF THE PARTIES
7.1. The Parties are responsible for any failure to perform or improper performance of their obligations under the Agreement in accordance with the current legislation of Ukraine.
7.2. The Contractor shall be responsible for timely provision of the Services if the Customer performs all the specified terms and conditions posted on this website:
https://lawstrust.com/en/offer_tov
7.3. The Contractor shall not be liable for non-receiving of the Services by the Customer, and in this case the produced payment is not refundable and shall not be transferred to the other Services in the following cases:
7.3.1. specified email address of the Customer is not available at the time of providing Service.
7.3.2. the Customer can not receive the purchased Services by reason of his/her technical or other problems.
7.4. The Contractor provides independent consultations to the Customer and in no way bears responsibility for the Customer's actions and/or inaction performed before or after the provision of Services.
8. SPECIAL CONDITIONS AND PROCEDURE OF DISPUTES CONSIDERATION
8.1. The present Public Offer Agreement has legal force of the Service Provision Agreement. Acceptance is performed without signing of the corresponding agreement or act. Services shall be considered as properly rendered to the full extent if the Customer does not make a claim to the Contractor within two days from the date of the Service provision.
8.2. The Customer’s claims concerning the Services provided by the Contractor are taken into consideration through an email within 2 (working) days from the date when the disputable situation arose.
8.3. Taking into account the nature of the Service provided, the Contractor and the Customer undertake to apply the pre-trial procedure for settling the dispute in the case of arising disputes and disagreements relating to the provision of Services.
8.4. Issues, arising from the interpretation and application of this Agreement and not regulated by it, are governed by the laws of Ukraine in force. The Parties shall use all reasonable efforts to settle through negotiations any disputes arising out of this Agreement, in connection with it or its violation, termination or validity.
9. FORCE MAJOR
9.1. Parties are released from liability for complete or partial failure to fulfill obligations under the Agreement if the failure to fulfill obligations was caused by force majeure, such as: fire, flood, earthquake, strikes, wars, acts of public authorities or others circumstances beyond the control of the Parties.
9.2. Party which can not fulfill obligations under the Agreement must promptly, but not later than 10 calendar days after the force majeure, notify the other Party in written form with the provision of supporting documents issued by the competent authorities.
9.3. The Parties acknowledge that the insolvency of the Parties is not a force majeure circumstance.
10. CONCLUSION, AMENDMENT AND TERMINATION OF THE AGREEMENT
10.1. The time of conclusion of this Agreement shall be the moment of enrollment of payment to the Contractor’s settlement account.
10.2. The Customer enters into the present Public Offer Agreement voluntarily, while the Customer:
a) fully acquainted with the conditions of the Public Offer;
b) fully understands the subject and conditions of the Public Offer;
c) fully understands the meaning and consequences of his/her actions in relation to the conclusion and execution of the Public Offer.
10.3. The Customer has all the rights and authority required for the conclusion and execution of the Public Offer Agreement.
10.4. The Customer is entitled to unilaterally refuse the Contractor’s Services at any time. In the case of unilateral Customer’s refusal from the Contractor’s Services, the produced payment is not refundable.
10.5. In case one of the parties to the agreement wishes to terminate the agreement before the expiration of the term for the provision of services stipulated by the parties, but not in accordance with the terms of termination of the agreement provided by the parties, the other party has the right to demand from the party wishing to terminate the agreement to pay a fee for early termination of the agreement (termination fee) commensurating with the cost and duration of the provision of services upon prior coordination with the other party. Minimum fee for early refusal to provide services can be provided for by the parties in advance when agreeing on the services provided.
10.6. The Contractor has the right to terminate the agreement with the Customer in the event that the Customer's actions potentially can cause or caused direct or indirect damage to the Contractor, his partners and (or) other companies and persons affiliated with the Contractor and (or) his (their) employees.
10.7. In case of damaging the Contractor, his partners and (or) other companies and persons affiliated with the Contractor and (or) his (their) employees by personal actions, the Customer undertakes to pay compensation in monetary equivalent to the proportional inflicted damage.
10.8. According to all issues not covered in the present Agreement, the parties shall be governed by the applicable legislation of Ukraine.