Public contract offer of paid services
1.1. This document is a Public Offer of Khedr&Kush Partners and (or) its agents/partners (if they are indicated in the service invoices), hereinafter referred to as the "Contractor" and contains all essential conditions for the provision of information and consulting services.
1.2. The Public Offer is an official document and is published on the Contractor's website.
1.3. In case of payment for services, a legal entity or an individual thereby confirms acceptance and acceptance of the terms of the Offer set out below and becomes the Customer, and the Contractor and the Customer jointly become the Parties to the Offer agreement.
1.4. The Offer Agreement does not require sealing and signing by the Customer, while maintaining full legal force.
1.5. In connection with the above, the Customer is obliged to carefully read the text of this Offer and, in case of disagreement with the terms and conditions, refuse to conclude the Offer agreement and use the Contractor's services.
2. SUBJECT OF THE OFFER AGREEMENT
2.1. In accordance with the terms of this Agreement, the Contractor undertakes to provide the Services specified in the invoice, and the Customer undertakes to pay for these Services in accordance with the invoice.
3. ACCEPTANCE OF THE OFFER AND CONCLUSION OF THE OFFER AGREEMENT
3.1. The Customer accepts the Offer by prepayment of the Contractor's Services, in respect of which the Offer Agreement is concluded. Acceptance by the Customer of this Agreement means that he fully agrees with all the provisions of this Agreement.
3.2. By accepting the Offer in the manner specified in clause 3.1 of the Contract, the Customer guarantees that he has read, agrees, fully and unconditionally accepts all the terms of the Contract in the form in which they are set out.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Contractor undertakes:
4.1.1. Organize and ensure the proper provision of Services.
4.1.2. To use all personal data and other confidential information about the Customer only for the provision of Services, not to transfer or show to third parties the documentation and information about the Customer held by him.
4.1.3. To give oral and written consultations on additional questions of the Customer. The scope and timing of consultation, as well as the form of consultation is determined in each case by the Contractor independently.
4.1.4. The Client is obliged to provide all documents and perform all relevant actions that lie in the plane of KYC, DD processes for him and his affiliated persons, if this mandatory rule is established by the country where the client purchases the services.
4.2. The Contractor has the right to:
4.2.1. Unilaterally determine the cost of all Services provided and change the terms of this Agreement, except for already concluded contracts.
4.2.2. Independently determine the forms and methods of rendering Services based on the requirements of legislation, technical capabilities, as well as specific terms of the Contract, taking into account the wishes of the Customer.
4.2.3. To use the services of any individuals and legal entities for the purpose of timely and high-quality fulfillment of obligations under the Agreement. Independently determine the composition of specialists providing Services and distribute work among them at their discretion.
4.2.4. Demand payment for Services rendered or rendered.
4.2.5. To refuse to provide the service to the Customer in case of non-payment (incomplete payment) for the services within the established time, in case of late submission of the application for the provision of the service.
4.2.6. To receive from the Customer any information necessary to fulfill its obligations under the Agreement. In case of non-provision or incomplete or incorrect provision of information by the Customer, the Contractor has the right to suspend the performance of its obligations under the Contract until the necessary information is provided.
4.3. The Customer undertakes:
4.3.1. Timely and fully pay the Contractor the cost of the Services provided in the manner, within the time and amount established by this Agreement.
4.3.2. Provide the Contractor with all the information and data necessary to fulfill its obligations under this 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 areas, to be respectable, not to interfere in the internal affairs of the contractor, not to take measures that directly or indirectly worsen the organization of work for the Contractor and its affiliated persons.
4.3.5. Apply for services, including additional ones, directly to the contacts listed on the website. Do not create conflicts, do not mislead the performer.
4.3.6. Not to use agents, suppliers, assistants, employees, proxies of the Contractor for their own purposes without the prior consent of the Contractor.
4.3.7. The Customer is obliged to provide all necessary documents for the execution of works / provision of services to the Contractor. In case of non-submission of documents, failure to provide answers to the Contractor's request within 180 calendar days from the date of payment of the invoice, the Contractor disclaims obligations to perform works / provide services and payment for the invoice is not subject to refund and / or offset against other works /services. The work/service is considered completed.
4.4. The Customer has the right to:
4.4.1. Require the Contractor to provide information on the organization and ensuring the proper provision of Services.
4.4.2. Require proper and timely provision of Services by the Contractor.
5. TERMS OF SERVICE PROVISION
5.1. The terms of the provision of Services are negotiated individually with the Customer and begin to be calculated from the moment the Contractor receives the entire required amount of information from the Customer, documents and payment in accordance with paragraphs 6.3., 6.4 of this Agreement.
6. COST OF SERVICES AND PAYMENT PROCEDURE
6.1. The cost of the Services provided is determined by the Contractor in accordance with the invoice, which provides a certain list of Services, and the Customer undertakes to pay for these Services in accordance with the invoice.
6.2. All services are indicated in the currency of the invoice.
6.3. Payment for Services under this Agreement is carried out on the basis of 100% prepayment and in accordance with the procedure established by this Agreement.
6.4. The Customer is solely responsible for the correctness of the payments made by him. The moment of payment is considered to be the receipt of funds to the Contractor's current account.
6.5. The Contractor reserves the right to change the Tariffs at its discretion, except for already concluded contracts.
6.6. The rates on the Website are indicated for standard services and are considered informational. The Contractor sets the final cost of the Service depending on the Customer's task. If additional provision of Services is required, the cost will be increased accordingly.
6.7. The fee for the provision of Services for the registration and maintenance of companies is charged in advance and subsequently annually.
6.8. The commission for the Services provided by the contractor is non-refundable and does not include the bank's Tariffs.
6.9. In case the Customer provides incomplete, unreliable or contradictory information that affected the outcome of the provision of Services to the Customer, the Contractor reserves the right not to refund the Customer the payment made for these Services.
6.10. As part of the fulfillment of its obligations under the Contract, the Contractor provides a basic package of documents for the ordered company, which is pre-agreed with the client. If a third party requests documents that are not included in the agreed basic package, the Customer himself bears the costs of issuing and delivering the designated documents.
7. LIABILITY OF THE PARTIES
7.1. The Parties are responsible for non-fulfillment or improper fulfillment of their obligations under the Agreement.
7.2. The Contractor is responsible for the timeliness of the services provided when the Customer fulfills the established Terms of Use posted on the website.
7.3. The Contractor is not responsible for non-receipt of Services by the Customer, and the payment made in this case is not refunded and is not transferred to other services, in the following cases:
7.3.1. The email address specified by the Customer is unavailable at the time of rendering the service.
7.3.2. The Customer cannot receive the paid services due to technical or other problems that have arisen.
7.4. The Contractor provides independent consultations to the Customer and is in no way responsible for the actions and/or acts of inaction of the Customer carried out by him before or after the provision of Services.
7.5. In case of ordering the assistance service in opening a bank account, the Customer agrees that in case the bank refuses to open an account for the Customer:
7.5.1. Without the Bank explaining the reason for such refusal, the Contractor undertakes to return half (50%) of the amount paid by the Customer to the Contractor.
7.5.2. Due to the fault of the Customer, the funds are not returned, and the Services are considered rendered and the work cannot be continued further. The fault of the Customer is understood as failure to provide the necessary information to the bank, deception (provision by the Customer of knowingly false information and/or misleading of the Contractor and / or the bank on the part of the Customer and/or omissions on the part of the Customer, including, but not limited to: hiding a criminal record, hiding absolutely any political ties, hiding the real type of activity, hiding the financial situation, as well as hiding any other information by the Customer.
7.5.3. Due to the fault of the Contractor, the Contractor undertakes to submit documents for opening an account to any bank of similar value free of charge. The fault of the Contractor is understood as a defect or mistake of the contractor, which directly led to the bank's refusal to open an account. In case of simultaneous commission by the Contractor of an error or defect and commission by the Customer of any culpable action or omission specified in clause 7.5.2. of this Appendix, the Services are considered rendered and the work is not subject to continuation further.
8. SPECIAL CONDITIONS AND PROCEDURE FOR DISPUTE RESOLUTION
8.1. This Public Offer Agreement has the force of an act on the provision of services. Acceptance is made without signing the relevant act. The services are considered to have been rendered properly and in full if the Customer has not filed a claim within two days from the moment of rendering the service.
8.2. The Customer's claims on the Services provided are accepted by the Contractor for consideration by e-mail within 2 (working) days from the moment of the dispute.
8.3. The Contractor and the Customer, taking into account the nature of the service provided, undertake to apply a pre-trial dispute settlement procedure in case of disputes and disagreements related to the provision of services.
9. FORCE MAJEURE
9.1. The Parties are released from liability for full or partial non-fulfillment of obligations under the Agreement if the non-fulfillment of obligations was the result of force majeure, namely: fire, flood, earthquake, strike, war, actions of state authorities or other circumstances beyond the control of the Parties.
9.2. A Party that cannot fulfill its obligations under the Agreement must promptly, but no later than 10 calendar days after the occurrence of force majeure circumstances, notify the other Party in writing 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 event.
10. CONCLUSION, MODIFICATION, TERMINATION OF THE CONTRACT
10.1. The moment of conclusion of this Agreement is the moment when the payment is credited to the Contractor's account.
10.2. The Customer enters into the Offer Agreement voluntarily, while the Customer:
a) has fully read the terms of the Offer;
b) fully understands the subject of the Offer and the terms of the Offer Agreement;
c) fully understands the meaning and consequences of his actions in relation to the conclusion and execution of the Offer Agreement.
10.3. The Customer has all the rights and powers necessary for the conclusion and execution of the Offer Agreement.
10.4. The Customer has the right to unilaterally refuse the Contractor's Services at any time. In case of unilateral refusal of the Customer from the Contractor's services, the payment made will not be refunded.
10.5. If one of the parties to the agreement wishes to terminate the agreement before the expiration of the period of provision of services agreed 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 make a fee for early termination of the agreement (termination fee) commensurate with the cost and term of provision services by prior agreement with the other party. The minimum fee for early refusal to provide services may be provided in advance by the parties when agreeing on the services provided.
10.6. The Contractor has the right to terminate the contract with the Customer if the actions of the Customer could potentially or caused direct or indirect damage to the Contractor, his partners and (or) other companies and persons associated with the Contractor and (or) his (their) employees.
10.7. In case of damage caused by their actions to the Contractor, his partners and (or) other companies and persons associated with the Contractor and (or) his (their) employees, the Customer undertakes to pay compensation in monetary equivalent commensurate with the damage caused.