Public Offer
PUBLIC OFFER ON CONCLUSION OF SERVICE AGREEMENT
Pravelon Company (hereinafter referred to as the “Contractor”), registered and operating in accordance with the legislation of Ukraine, guided by Art. Art. 633, 641 of the Civil Code of Ukraine, offers an unlimited circle of individuals to conclude this Service Agreement (hereinafter referred to as the “Agreement”) on the following conditions:
- TERMS AND GENERAL PROVISIONS.
1.1. Services – a set of consulting services provided by the Contractor in the manner and on the terms specified in this Agreement.
1.2. Public offer – the Contractor’s offer (set out on the Contractor’s Website), addressed to an unlimited circle of individuals in accordance with the legislation of Ukraine, to conclude this Agreement on certain conditions.
1.3. Contractor’s website – a web page on the Internet at: https://pravelon.legal/, which is the official source of informing Users about the Contractor and the services provided to them.
1.4. Acceptance – full, unconditional and unconditional acceptance by the User of the terms of the Public Offer of this Agreement.
1.5. User – an individual who has reached the age of 18 and has made an Acceptance of the Contractor’s Public Offer, set forth in this Agreement, and paid the cost of the Services.
1.6. Parties – Contractor and User.
1.7. Service – expressed in the form of a conversation or a specific list of actions, a set of consulting services aimed at transmitting information to the Client on a given topic.
1.8. Service Packages – detailed conditions for the provision of specific lists of Services, including the following conditions:
1.8.1. Name, subject and content of the Service;
1.8.2. List of actions;
1.8.3. Service results;
1.8.4. Payment procedure, etc.
- Subject of the contract.
2.1. The Contractor undertakes to provide the User with consulting and legal services on a paid basis, in accordance with the terms of this Agreement, and the User undertakes to accept and pay for such Services.
2.2. The User undertakes to pay to the Contractor the cost of the Service, which is purchased by him.
2.3. The detailed content of the Service is stipulated by the Parties in the Package offer or commercial offer, which is posted on the Contractor’s Website or sent to the client personally to his email/messenger.
2.4 The Contractor does not guarantee for the client the receipt of the results of services that depend on or are provided by the state bodies of Ukraine or any other country, since the provision of such results of services is the exclusive prerogative of the state bodies of Ukraine or any other country.
2.5 Responsibility for the use of the Services, as well as for any results, direct or indirect consequences resulting from the use of these services, knowledge and skills, lies entirely with the User and cannot be presented to the Contractor in any form.
- Conditions for the provision of services.
3.1. Services are provided in the form of remote consultations and a list of Services under the Package Offer of Services, as well as individual Services.
3.2. The term of provision is determined in accordance with the Service.
3.3. The acceptance of this Agreement is recognized as full or partial payment by the Client of the cost of the relevant Service and means the full and unconditional acceptance by the User of the terms of this Agreement and is equated to the User’s handwritten signature under the Agreement.
3.4. From the moment the funds are credited to the account of the Contractor, this offer is considered accepted, and the contract is concluded.
3.5. Acceptance order:
3.5.1. The User chooses the Service on the Contractor’s website and familiarizes himself with the terms of payment.
3.5.2. After selecting the required Service (Services), the User submits an application for the Service or immediately follows the payment link and makes the payment.
3.5.3. From the moment of acceptance of this Offer, the User’s unilateral refusal from the Agreement is unacceptable.
3.5.4. The Service is considered rendered from the moment the Contractor provides all the information and performs the entire Service provided for in the relevant Service Package/Service.
- Rights and obligations of the Contractor:
4.1. The performer has the right to:
4.1.1. Receive from the User all necessary information for the provision of services under this Agreement;
4.1.2. Receive payment for the services provided in the amount and terms stipulated by this Agreement and the relevant Service Package.
4.1.3. Cancel, interrupt or transfer any Services, change their content.
4.1.4. Publish any materials and reviews created by the User in the process of receiving the Services, without any restrictions or compensation from or in favor of the User.
4.2. The Contractor undertakes to:
4.2.1. Provide the User with consulting services in the scope of this Agreement and the relevant Service Package/Service.
4.2.2. Inform the User about the rules and requirements for organizing the provision of consulting services, their quality and content, about the rights and obligations of the User when receiving services.
4.2.3. Develop a service delivery plan;
4.2.4. If necessary, provide the User with methodological materials.
- Rights and obligations of the User.
5.1. The user has the right to:
5.1.1. Receive Services of proper quality in accordance with the selected Service Package/Service.
5.2. The user undertakes to:
5.2.1. Submit in good faith all the necessary documents to receive the Service or Service Package.
5.2.2. Timely pay the fee for the Services in the amount and within the time limits established by this Agreement.
5.2.3. Comply with the requirements of the legislation of Ukraine and the requirements of the Agreement on the organization of the provision of Services.
5.2.4. To refrain in the process of receiving the Service from actions that:
5.2.4.1. may prevent other Users, invited persons or agents from participating in the provision of the Services and obtaining information in the process of receiving the Service.
5.2.4.2. humiliate the honor, dignity, business reputation of the Contractor, other users, invited persons or agents, including by posting information on the Internet, print media, mailing lists or in any other way that is public.
- Cost of services and payment procedure.
6.1. The total cost of the services provided to the User under this Agreement is the total amount of the Services paid by the User.
6.2. The cost of a particular Service is determined by the Contractor in the Service Package, which is posted on the Contractor’s Website or is reported by the manager of the Contractor’s company personally to the client.
6.3. The cost of the Services provided for in this Agreement is paid by the User in a non-cash form, by transferring to the current account of the Contractor or by paying on the website.
6.4. The Contractor has the right not to return the funds paid by the User for the Service, if the User actually started receiving the Service and refused the Services.
6.5. In case of early termination of the Agreement at the initiative of the Contractor, the Contractor returns the funds, taking into account the deduction of the hourly payment at the rate of $ 75 per hour for the provision of the Services. Services received in this case are not compensated.
6.6. If the User refuses the Service before the start of receiving the Service and the User has paid only an advance, the Contractor has the right not to return the paid advance. In case of payment of the entire amount – 100% of the cost of the Agreement, the User will be refunded funds in the amount of 75% of the funds paid.
6.7. The amount of payment is set for the full Package of Services and cannot be changed.
- Responsibility of the Parties.
7.1. For non-fulfillment or improper fulfillment of obligations under this agreement, the parties are liable in accordance with the current legislation of Ukraine.
7.2. THE CONTRACTOR’S SERVICES AND ALL RELATED MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES, EXPRESS OR IMPLIED. THE CONTRACTOR MAKES NO WARRANTY, INCLUDING WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, AS WELL AS WARRANTIES ARISING FROM BUSINESS RELATIONSHIPS OR BUSINESS USERS. IN ADDITION, THE CONTRACTOR DISCLAIMS LIABILITY RELATED TO THE USER’S ACCESS TO THE SERVICES AND RELATED MATERIALS, AS WELL AS THEIR USE. THE USER AGREES THAT YOU ACCESS AND USE THE SERVICES AND RELATED MATERIALS AT YOUR OWN RISK.
7.3. To the maximum extent permitted by the legislation of Ukraine, the Contractor shall not be liable: for indirect, incidental, actual, indirect or direct losses; directly or indirectly lost profits or non-receipt of income; loss of data, performance or other intangible value; related:
- a) with the User’s access to the Services and their use or the impossibility of such access or use;
- b) materials or conduct, including defamatory, offensive or illegal, of any third party; or
- c) with unauthorized access, use or modification of the User’s materials or information. In no event shall the aggregate liability for all claims relating to services exceed $100 (one hundred) US Dollars.
7.4. The User agrees that the disclaimer of warranties and limitation of liability set forth in these terms and conditions reflect a reasonable and fair distribution of risks, and are also a necessary condition for the provision of services by the Contractor for an affordable fee.
7.5. The User agrees that any claim related to the Services must be submitted to the court within the limitation period of 3 (three) months after the grounds for it arise, otherwise such ground is considered invalid.
7.6. The User agrees that if the User fails to comply with clause 5.2.2 of this Agreement regarding the obligation to pay in a timely manner, the Contractor has the right not only to suspend the provision of services and access to the Services until payment is made, but also to terminate this Agreement on the basis of clause 9.1.3 of this Agreement.
7.7. In case of violation by the User of clause 12.1 of this Agreement and use of the materials of the Services for non-personal purposes, distribution of the materials of the Service in any way and regardless of the circle of persons, the Contractor has the right to terminate this Agreement unilaterally, block the user’s access to the Service and/or the site, without returning the funds paid by the User for the Service.
- Force Majeure.
8.1. The Parties are released from liability for failure to fulfill obligations if this failure is caused by circumstances that are beyond the control of the Parties, namely: military operations, natural disasters, man-made and other accidents, strikes, lockouts, quarantine, restrictions and acts of authorities or management, etc., death, illness of one of the parties to the agreement, which makes it impossible to fulfill the terms of this Agreement (hereinafter referred to as Force Majeure).
8.2. In the event of a force majeure event, the Party for which it occurred is released from liability for violation of the terms of this Agreement, if there is a written confirmation (conclusion, certificate) of the Chamber of Commerce and Industry of Ukraine on the occurrence of force majeure, other documents confirming the fact of force majeure – major circumstance.
8.3. The Party for which Force Majeure has occurred undertakes to immediately notify the other Party and provide documents confirming the Force Majeure.
8.4. From the moment such notification is received by the other party, the fulfillment of the terms of this Agreement is suspended for the entire period of the Force Majeure.
8.5. In the event of Force Majeure for more than 3 months, each of the parties has the right to initiate the termination of the Agreement.
- Termination of the Agreement.
9.1. This Agreement shall terminate:
9.1.1. By agreement of the parties;
9.1.2. If the fulfillment by the Party of the Agreement of its obligations is impossible due to the adoption of regulatory legal acts that have changed the conditions established by this Agreement, and any of the Parties does not agree to amend the Agreement.
9.1.3. In cases of violation by the User of the conditions provided for in paragraphs. 5.2.3, 5.2.4, 12.1 of this Agreement.
9.1.4. In other cases provided for by this Agreement and the current legislation of Ukraine.
- Processing of personal data.
10.1. The user confirms that he voluntarily and free of charge consents to the processing of his personal data (including last name, first name and patronymic, registered place of residence and / or actual place of residence, taxpayer identification number, state registration data; bank details, phone numbers and email addresses , etc.) in the personal data base of the Contractor “Clients”, including collection, registration, inclusion in the database, accumulation, storage, adaptation, modification, updating, use, distribution (distribution, transfer), depersonalization, destruction of personal data in the database on the territory of Ukraine in order to fulfill obligations under this agreement and to ensure the implementation of tax relations, economic relations, civil law relations and relations in the field of accounting. The User consents to the transfer of his personal data to third parties in the minimum necessary volumes and only in order to fulfill obligations under this Agreement that correspond to the objective reason for collecting the relevant data.
10.2. The user confirms that he was informed about his rights, defined by the Law of Ukraine “On the Protection of Personal Data” dated June 1, 2010 No. 2297-VI, as amended and supplemented, the purpose of processing and collecting personal data.
- Validity period of the Offer.
11.1. This Public Offer comes into force from the moment it is posted on the Contractor’s Website and is valid until it is withdrawn by the Contractor.
11.2. The Contractor has the right to amend the terms of the Offer at any time and / or withdraw the Offer at any time at its discretion. If the Contractor makes changes to the Offer, such changes come into force from the moment the amended text of the Offer is posted on the Contractor’s Website, unless a different date for the entry into force of the changes is specified directly in the text of the amended Offer.
- Intellectual property.
12.1. The Contractor grants the User a limited, personal, non-exclusive, non-transferable and revocable license to use the Services and any materials or information obtained in the process of providing the Services or on the Site. The materials and any information provided within the framework of the Services or on the Site can be used by the User only for personal non-commercial use, unless the User has received the written permission of the Contractor to use them for other purposes.
12.2. The use of the Services does not give the User the right of material or intellectual property rights to the Services or materials used.
- Final provisions.
13.1. The parties have established that any disputes and claims will be resolved by the parties through negotiations.
13.2. The parties acknowledge that Services are provided by the Contractor, which is registered and operates under the laws of Ukraine, the place of registration of which is also registered in Ukraine.
13.3. Considering clause 12.2. of this Agreement, the place of this transaction and the place of provision of the Services, the Parties agreed to consider the territory of Ukraine.
13.4. By accepting this Offer, the User agrees that all disputes related to this Agreement will be considered in accordance with the legislation of Ukraine without regard to conflict of laws rules. The User also agrees that all such disputes are within the exclusive jurisdiction of the courts of Ukraine.
13.5. The headings used in the articles and clauses of this Offer are used only for reference and ease of use of the text. These headings cannot be considered as defining, limiting or changing, or affecting the meaning and meaning of the terms of this Offer or any part thereof.
13.6. If any of the provisions of this Offer is declared invalid, then the validity of its remaining provisions is not lost from this.
13.7. In all cases not provided for by this Offer, the Parties are guided by the current legislation of Ukraine.
- Details of the Contractor.
Performer: Pravelon Company