PUBLIC OFFER AGREEMENT
on provision of legal and consulting services
1. GENERAL CONDITIONS
1.1. This agreement serves as an official offer (public offer) of ROSPERSONAL, Limited Liability Company (hereinafter referred to as CONTRACTOR), and contains all essential terms of providing legal (consulting) services.
1.2. According to the Article 437, Paragraph 2 of the Civil Code of the Russian Federation, a legal entity or an individual that accepts the terms stipulated below and effects the payment is referred to as CUSTOMER (according to the Article 438, Paragraph 3 of the Civil Code of the Russian Federation, acceptance of an offer is equivalent to an execution of an agreement on terms stipulated in the offer).
1.3. In connection therewith, this public offer is read carefully and in case of any paragraph not being accepted, the CONTRACTOR does not bind the potential customer.
2. SUBJECT OF AN OFFER
2.1. The CONTRACTOR provides to the CUSTOMER legal (consulting) services on a paid basis by preparing a written reply (consultation) on a legal enquiry made by the CUSTOMER, under the terms of the present offer, current price-list and quotations (hereinafter referred to as QUOTATIONS) stipulated by the CONTRACTOR.
2.2. The public offer agreement (hereinafter referred to as AGREEMENT), supplements and QUOTATIONS hereto serve as official documents and shall be published on the web-site www.rospersonal.ru.
2.3. The CONTRACTOR has the right to make alterations to QUOTATIONS, terms hereof and supplements hereto without the prior consent of the CUSTOMER, thereby publishing altered terms on the web-site www.rospersonal.ru. Such alterations come into force from the moment of their publishing if not agreed otherwise.
2.4. Under the present AGREEMENT the CONTRACTOR shall be responsible for providing services to the CUSTOMER, in accordance with the QUOTATIONS stipulated hereto, and provides services indicated in paragraph 2.1 directly for the CUSTOMER.
3. CONTRACTOR’S OBLIGATIONS
3.1. Under the present AGREEMENT the CONTRACTOR shall:
3.1.1. take obligations to provide services indicated in the Paragraph 2 hereof;
3.1.2. not distribute any kind of information received from the Customer or any other sources, when fulfilling the obligations under the present AGREEMENT, which may affect CUSTOMER’S interests under the current legislation.
4. CUSTOMER’S OBLIGATIONS
4.1. The CUSTOMER is obliged:
4.1.1. to provide to the Contractor all the required information (documents), necessary for the inspection and further processing, in due time, under the present AGREEMENT;
4.1.2. to send feedbacks to the CONTRACTOR on the subject of the AGREEMENT as well as make specific conditions in a written form.
5. TERMS AND PROCEDURE OF RENDERING SERVICES
5.1. Having read and understood the QUOTATIONS and chosen the necessary type of service, the CUSTOMER completes the APPLICATION (a small questionnaire) marking the word AGREE, thus accepting the terms of the offer. Having completed the application and chosen AGREE, the CUSTOMER’S details along with the APPLICATION is e-mailed to the CONTRACTOR. The CUSTOMER then downloads the invoice or receives an e-mail with the invoice attached, which can be paid in any bank department. As soon as the payment is processed and the money are delivered to the current account of the CONTRACTOR under the Subparagraphs 5.2. – 5.5., the public offer agreement on providing legal (consulting) services is automatically deemed to be executed.
The APPLICATION automatically stipulates the name of the service, all the required entries shall be duly completed by the CUSTOMER himself/herself and the Additional information section should contain the detailed legal (judicial) question of the CUSTOMER;
If the CONTRACTOR is not able to process the APPLICATION due to the lack of information provided, the CONTRACTOR shall, within 3 working days, request the additional information, details and documents from the CUSTOMER. In such case, the service provision period shall be extended for as many days as it will take the CUSTOMER to provide to the CONTRACTOR the required additional information (documents, details).
5.2. The payment is effected in advance, in full amount (one hundred percent) from the cost of a particular type of service, in accordance with QUOTATIONS.
5.3. The payment is made by the CUSTOMER in RUB via money transfer to the CONTRACTOR’S current account, specifying the exact type of the service as a purpose of payment, in accordance with the price-list made by the CONTRACTOR.
5.4. The present AGREEMENT only accepts payments made via money transfer to the CONTRACTOR’S current account. By effecting the payment, the CUSTOMER agrees with the price of the service chosen, according to the Paragraph 5.2. hereof, and has no right to make a claim on the price.
5.5. The services shall be deemed to be paid for by the CUSTOMER as soon as the CONTRACTOR receives the confirmation from the bank that the money has been transferred to his account.
5.6. As soon as the terms stipulated in Subparagraphs 5.1.-5.5. hereof are met, the CONTRACTOR shall provide consulting (legal) services within 48 hours in accordance with Russian legislation, make the analysis on Customer’s immigration possibilities within 14 days, acknowledge the qualification of the Customer within 3-6 months, gather the documents necessary for visa purposes within 4 weeks, gather documents for making an appeal due to refusal in immigration and not immigration visa within 4 weeks, register the private company or buy a new business abroad within 3 months, and provide after-visa services within 4 weeks. The service provision period starts from the moment the money are transferred to the CONTRACTOR’S current account and the scans of required documents are received. In case of delays or any other difficulties, the CONTRACTOR has the right to prolong the service provision period by notifying the CUSTOMER and explaining the reasons of prolongation beforehand. After fulfilling his obligations the CONTRACTOR shall send or e-mail (or skype) to the CUSTOMER a written performance of services provided, whether it is a detailed reply, agreement, legal opinion etc.
5.7. Services are deemed to be rendered in a proper manner and to full extent, if the CUSTOMER has not made a claim within 3 working days since the services were rendered. If the claim is not made, the delivery and acceptance certificate is deemed to be signed and the services provided in a proper manner.
6. ACCEPTANCE OF AN OFFER AND EXECUTION OF AN OFFER AGREEMENT
6.1. The CUSTOMER accepts the AGREEMENT by making the advance payment for the services offered by the CONTRACTOR and considered as a subject of the AGREEMENT, within the acceptance period and under the Article 4 of the present AGREEMENT.
The acceptance period is 3 (three) banking days which starts after issuing an invoice for the services ordered by the CUSTOMER.
7. DURATION OF THE AGREEMENT AND ALTERATIONS OF AN OFFER
7.1. The offer is effective since March 1, 2013, i.e. since publishing at http://rospersonal.ru/minianketa/terms_of_service/, comes into force after the offer is accepted by the CUSTOMER and is effective:
a) until the CONTRACTOR fulfills the obligations to the extent that corresponds to the amount of payment made by the CUSTOMER under the AGREEMENT and QUOTATIONS hereof;
b) until the AGREEMENT is terminated.
7.2. The CONTRACTOR has the right to make alterations to the terms of the AGREEMENT and/or revoke the AGREEMENT at any time at one’s own wish. In case of any alterations made by the CONTRACTOR hereto, such alterations come into force right after their publication, if not stipulated otherwise.
7.3. In case the revocation is made by the CONTRACTOR during the AGREEMENT’S duration, the AGREEMENT is deemed to be terminated from the moment of revocation.
8. TERMINATION OF AN OFFER
8.1. The AGREEMENT can be terminated if the CONTRACTOR severely violates the terms of the agreement, according to the current legislation and terms of the AGREEMENT.
8.2. According to the current legislation and terms of the AGREEMENT, if the CUSTOMER violates the AGREEMENT, the AGREEMENT can be terminated at any time by the CONTRACTOR, at one’s own wish, by notifying the CUSTOMER in writing. The AGREEMENT is deemed to be terminated after the written notice has been sent by the CONTRACTOR.
9.1. Except guarantees directly indicated in the AGREEMENT, the CONTRACTOR shall not give any direct or implied guarantees under the present AGREEMENT and deny any other guarantees or conditions in regard of inviolated rights.
9.2. By accepting terms of the AGREEMENT, the CUSTOMER assures the CONTRACTOR and guarantees that:
9.2.1. The CUSTOMER provided true personal details when completing the APPLICATION and payment documents.
9.2.2. The CUSTOMER enters the AGREEMENT on a voluntary basis, for this purpose the CUSTOMER:
a) has read and understood the terms of the AGREEMENT,
b) fully understands the subject of the AGREEMENT,
c) fully understands the meaning and consequences of any actions in regard to execution and fulfillment of the AGREEMENT.
10. CONTRACTOR’S RESPONSIBILITIES
10.1. Under no circumstances, in accordance with the AGREEMENT, the CONTRACTOR shall be responsible for: a) any activity/inactivity which results from direct or indirect activities/inactivities of any other third parties; b) any indirect losses and/or lost profits suffered by the CUSTOMER and/or third parties, whether or not the CONTRACTOR might have foreseen such losses.
10.2. Joint responsibility of the CONTRACTOR under the AGREEMENT, complaint or claim, or the fulfillment of the AGREEMENT, is limited by the amount of payment made by the CUSTOMER to the CONTRACTOR under the present AGREEMENT.
10.3. Not contradicting with the above mentioned information, the CONTRACTOR does not bear any responsibility for violating the terms of the AGREEMENT, if the violation is caused by force majeure circumstances, namely: actions of public authorities, fire, flood, earthquake, other natural disasters, power loss and/or computer network failure, walk-outs, civil unrest, turmoil and any other not influenced by the CONTRACTOR circumstances, which prevent the fulfillment by the CONTRACTOR of the respective obligations under this AGREEMENT.
11. CUSTOMER’S RESPONSIBILITIES
11.1. The CUSTOMER is fully responsible for:
a) meeting the requirements set by the legislation, including but not limited to, be fully responsible for the content and form of APPLICATION; b) providing true information on the APPLICATION and giving guarantees and assurance of the CUSTOMER indicated in the Paragraph 4 of the present AGREEMENT.
11.2. Should the CUSTOMER violate the terms of the AGREEMENT, the CONTRACTOR has the right to put the service provision on hold until the CUSTOMER remedies the violation and pays the damages suffered by the CONTRACTOR in full, and/or to terminate the AGREEMENT by sending to the CUSTOMER a written notice via e-mail as indicated in the APPLICATION.
12. OTHER CONDITIONS
12.1. The AGREEMENT, its execution and fulfillment, is regulated under the current legislation of the Russian Federation.
12.2. Any notifications under the present AGREEMENT can be sent by one Party to another:
1) via e-mail a) to the CUSTOMER’S e-mail as indicated in the APPLICATION and from the CONTRACTOR’S e-mail specified below, if the recipient is the CUSTOMER, and b) to the CONTRACTOR’S e-mail specified below and from the CUSTOMER’S e-mail as indicated in the APPLICATION;
2) via fax;
3) via skype;
4) by post with delivery notification.
12.3. Sole AGREEMENT. The AGREEMENT serves as a complete agreement between the CONTRACTOR and the CUSTOMER. The CONTRACTOR shall not undertake any terms and obligations in regards of the subject of the AGREEMENT, except those stipulated in the offer, and the confirmed APPLICATION, which regulate the fulfillment of the AGREEMENT, unless such conditions and obligations are written down and signed by both the CONTRACTOR and the CUSTOMER.
12.4. All the disagreements arising out of the present Agreement between the CONTRACTOR and the CUSTOMER are subject to pre-trial resolution by making a claim. All the disputes at court are settled at the CONTRACTOR’S location.
13. CONTRACTOR’S DETAILS
OGRN 1077325001148, INN 7325067963 / 770745001
License by Federal Migration Service, Ministry of Internal Affairs of the Russian Federation 201077730915 dd. March 19, 2007
Address: 43 Lesnaya Str., office 426, Moscow, 127055
Current account 40702810400000057420 in VTB24 (CJSC)
BIC 044525716, c/a 30101810100000000716
in the Operations Department of the Moscow Main Territorial Department of the Bank of Russia
Tel: (495) 638 05 75, fax: (499) 978 55 54