PARETTO Limited Liability Company, address: 03062, Kyiv, Chistyakovskaya St., 2, office 425 (hereinafter referred to as the "Contractor"), guided by Articles 633, 641 and 644 of the Civil Code of Ukraine, makes a public offer to the Clients of PARETTO LLC (hereinafter referred to as the "Public Offer" and/or "Contract") who wish to receive services in the scope and under the conditions set forth below.
This Agreement is a public agreement, in case of acceptance of the conditions (acceptance) set forth in the Public Offer, any capable individual, individual entrepreneur or legal entity becomes a Client under the Agreement and undertakes to comply with the terms of this Agreement, annexes and additional agreements thereto, which are its integral parts.
Acceptance (acceptance) of the Public Offer is carried out by the Client in the manner specified in this Agreement. Due to the acceptance (acceptance) by the Client of this Public Offer, the Contract is considered concluded.
Hereinafter, the Contractor and the Client are individually referred to as the "Party," and collectively as the "Parties."
- GENERAL PROVISIONS
1.1 In this Public Offer, unless the context otherwise requires, the following terms shall have the following meanings:
1.1.1 Public offer - the proposal of the Contractor to conclude this Agreement on the conditions specified in it, set forth on the Internet at the link: paretto.com.ua and addressed to an indefinite circle of individuals and legal entities.
1.1.2 Client - any capable individual, individual entrepreneur or legal entity ordering or intending to order legal services from the Contractor.
1.1.3 Services - services provided by the Contractor at the request of the Client, namely:
- legal and consulting services: in particular, but not exclusively, obtaining RNOKPP, registering a company in Ukraine, obtaining a work permit for foreigners and stateless persons, obtaining a temporary residence permit in Ukraine, supporting business in Ukraine, and/or other services at the Client's request;
- accounting services: in particular, but not exclusively, accounting and tax accounting at the Client's enterprise, preparation and submission to the state authorities of accounting, tax and other reports in time in accordance with the current legislation of Ukraine, accounting, calculation and payment of taxes and other mandatory payments, for the period of provision of services under this Agreement, during inspections of tax and other regulatory authorities, personnel accounting, and/or other services.
1.1.4 Acceptance - full, unconditional and unconditional acceptance by the Client of the terms of the Public Offer and this Agreement. Acceptance is carried out by the Client by performing the following actions:
- provision by electronic means of communication (via e-mail) of an order for the provision of services with information necessary for the Contractor to provide the Services, and
- depositing funds into the bank account of the Contractor as a subscription for the Services.
1.1.5 Service Order - an electronic message sent by the client to the e-mail of the Contractor, which contains information on the type and scope of the Services, as well as information necessary for the provision of such Services (hereinafter - the "Order").
2. SUBJECT OF CONTRACT
2.1 Under this Agreement, the Contractor undertakes to provide the Services to the Client to the extent determined by the Client, and the Client undertakes to accept these Services and pay for them in the manner and on the terms determined by this Agreement.
2.2. The cost of services ordered by the Client is agreed between the Parties and is determined in the invoice sent to the Client for payment.
3. PROVISION OF SERVICES
3.1 In order to provide the Services, the Client undertakes to send the Order to one of the e-mail addresses of the Contractor specified in clause 3.2 hereof.
3.2 The Contractor processes the Order within 1 business day and sends to the Client the details of the services and the invoice. Reply and invoice are sent from the following email addresses: info@paretto.com.ua
3.3 The Contractor shall start rendering services hereunder 24 hours after the payment for the Services is credited to the Contractor's current account. If this period expires on a weekend (holiday) day, the beginning of the Services shall be postponed to the next business day.
3.4 The Client shall provide the Contractor with all information and documentation necessary for the provision of the relevant Services. When providing the Services, the Contractor relies solely on the information and documentation provided by the Client and which is considered by the Contractor to properly reflect the actual state of affairs for the purpose of providing the relevant Services.
3.5 The Services are provided by regular employees of the Contractor, provided that the Contractor is solely responsible for the Services rendered. The Contractor's staff members are hereinafter collectively referred to as "Contractor's specialists." Specific specialists who carry out work on the relevant requests of the Client are determined by the Contractor independently, unless otherwise separately agreed by the Parties when providing and accepting the relevant request.
3.6 The Contractor may engage lawyers, professionals and other persons to perform this Agreement on a contractual basis.
3.7 The scope of authority of the Contractor (its specialists and other involved persons) to represent the Client before any third parties may be determined by agreement of the Parties in a power of attorney issued by the Client or a warrant issued by the Contractor.
4. REMUNERATION AND PAYMENT PROCEDURE
4.1 The total cost of the Services hereunder shall be determined depending on the type and scope of the Services selected by the Client and agreed between the Parties.
4.2 The cost of the Services shall be specified in the invoice issued by the Contractor and sent to the Client's e-mail and/or messenger.
4.3 The Client pays for the Services in non-cash form by transferring funds to the Contractor's current account in UAH (in accordance with the official exchange rate on the date of invoicing) or US dollars (if payment is made from outside the border of Ukraine).
4.4 Services are provided subject to payment in the amount of 100% upon receipt of payment to the current account of the Contractor.
4.5 The Client is solely responsible for the correctness of the payments made by him.
4.6 Payments received to the Contractor's account without the invoice issued by him are returned to the sender. In this case, the Contractor does not proceed with the provision of services.
5. CONFIDENTIALITY AND PERSONAL DATA
5.1 Subject to the requirements and limitations provided for by applicable law, the Contractor undertakes to respect the confidential nature of the information that has become known to it in connection with cooperation with the Client, and undertakes to take measures to not disclose such information to third parties. This obligation does not apply to information that is or has become publicly known due to the action or negligence of others, or received by the Contractor from third parties. Confidential information is not subject to disclosure or provision to third parties unless the Contractor is required to do so by applicable law. In the event of a situation where the Contractor, by virtue of the current legislation, must provide confidential information to third parties, the Contractor shall immediately notify the Client of this.
5.2 The Contractor understands the confidential nature of the information transmitted to it and undertakes to take all possible measures to prevent its unlawful disclosure and dissemination.
5.3 In order to ensure confidentiality after the completion of the relevant work, receipt of full payment for the work performed and the transfer of its results to the Client, the Contractor may be obliged to destroy or return to the Client all confidential documentation and information provided to him for such work, as well as his working documentation for this work. If such destruction or return is made at the request of the Client, the Contractor shall be released from any liability for the results of the relevant work from the moment of receipt of the aforementioned requirement.
5.4 Information confidential in accordance with Section 5 hereof shall remain confidential for 3 (three) years from the date of its receipt from the Client.
5.5 Hereby the Client agrees to receive, process and store the Client's data by the Contractor, the Contractor's specialists, including through information and telecommunication systems, storage of personal documents issued on behalf of/in favor of the Client in compliance with the requirements of the legislation of Ukraine in the field of protection and protection of personal data.
5.6 To fulfill the terms of the Agreement, personal data can be transferred to third parties (notaries, translators), can be used by the Contractor to send petitions, applications, requests, lawyer requests in the interests of the Client to state authorities, local authorities, individuals and legal entities.
6. RESPONSIBILITY OF THE PARTIES
6.1 The Contractor's liability is limited to direct losses incurred as a result of gross negligence or intentional violations of agreements in the provision of the Services stipulated in this Agreement.
6.2 The Client is fully responsible for the truthfulness, reliability and accuracy of the information provided to the Contractor, for the authenticity and relevance of the submitted documents and their content, including to third parties, bodies or institutions. The Contractor is not responsible for the content, execution of documents provided by the Client, and uses the documents only in the form in which they were transferred by the Client.
6.3 The Contractor shall not be liable to the Client for failure to provide services under this Agreement, if this happens through the fault of the Client (failure to provide the necessary documents, etc.). The Contractor is not responsible for the actions of state authorities, local self-government, third parties.
6.4 Peculiarities of responsibility of the Parties in the provision of accounting services:
6.4.1 The Contractor shall pay the Client a fine in case of untimely submission or failure to submit the Client's reports to the tax or other authorities. The amount of the fine is equal to the amount of penalties that the Client is obliged to pay to tax or other regulatory authorities, in accordance with the requirements of the current legislation, for the untimely submission or failure to submit reports. The Contractor is not responsible for the untimely submission or failure to submit reports if the Contractor does not have primary accounting documentation that is the basis for reporting.
6.4.2 The Contractor shall pay the penalty to the Client in case of untimely registration or non-registration of the Client's tax invoices. The amount of the fine is equal to the amount of penalties that the Client is obliged to pay to the tax authorities, in accordance with the requirements of the current legislation, for the untimely registration or non-registration of tax invoices. The Contractor is not responsible for the untimely registration or non-registration of tax invoices if the Contractor does not have tax invoices that need to be registered, as well as if the registration of tax invoices, in accordance with the requirements of the current legislation, is impossible.
6.4.3 The Contractor shall not be liable in case of application of financial sanctions to the Client by fiscal authorities and other supervisory authorities, except for the cases specified in clauses 6.4.1 - 6.4.2 hereof.
7. DISPUTE RESOLUTION
7.1 Any disputes in relation to this Agreement or related thereto shall be resolved through negotiations between the Parties.
7.2 If the dispute cannot be settled through negotiations, such disputes shall be considered and finally resolved in the relevant court of Ukraine.
8. TERM OF THE CONTRACT
8.1 This Agreement shall enter into force upon its Acceptance by the Client and shall be valid until the Parties have fully fulfilled their obligations hereunder.
9. TERMINATION OF THE CONTRACT AND RETURN OF PAYMENT FOR SERVICES TO THE CLIENT
9.1 This Agreement may be terminated early.
9.2 At the Client's initiative, this Agreement may be terminated by sending a written notice to the Contractor's e-mail.
9.2.1 The Contractor shall return to the Client the payment for the Services in the amount of 100% if the Contractor has not started the provision of the Services under this Agreement in accordance with clause 3.2 of the Agreement, that is, if the Client sends a notification within 24 hours from the date of receipt of payment for the Services to the current account of the Contractor.
9.2.2 If the 24-hour period expires, this Agreement may be terminated by sending a claim by the Client to the Contractor's e-mail.
9.2.3 In case of early termination of this Agreement, the Contractor shall have the right to deduct from the amount of the Client's subscription the amount of actually incurred expenses, which include the costs of translations and notarization of documents, postal items, actually spent lawyers' time preparing the necessary documents, forming requests, applications and other actions for the execution of the Client's Order. The payment of the actual time spent by lawyers to fulfill the Order is calculated based on the hourly rate of 1500 (one thousand five hundred) UAH. 1 hour, which is confirmed by data from the "Jusnote" application used by the Contractor to keep track of the time spent on customer service. After deducting the above costs from the subscription amount, the Contractor returns the balance to the Client's current account.
10. OTHER CONDITIONS
10.1 All amendments to this Agreement shall come into force on the date of their publication on the Contractor's website.
10.2 All legal relations arising in connection with the execution of this Agreement and not regulated by it are regulated by the norms of the current legislation of Ukraine.
10.3 The effect of this Agreement (even if the Client has accepted the Agreement in accordance with the terms of this Agreement) does not apply to cases when a separate bilateral written agreement between the Contractor and the Client is concluded and the Client pays for the services of the Contractor in accordance with a separate written agreement concluded with it.