1. General provisions
1.1 These Terms of Use (hereinafter referred to as the “Terms of Use”, “Terms” in the appropriate cases) establish the procedure, conditions for the use of the website https://tretten.pro/ (hereinafter referred to as the “Site”) during the implementation of contractual relations with the Individual Entrepreneur Nosarev Maksym Pavlovych (hereinafter referred to as the “Contractor”), registration number of the taxpayer’s account card 2941422937, registered at 49000, Dnipro region, Dnipro city, Slobozhanskyi Avenue (formerly Pravda Newspaper Avenue), building 125, apartment 90, for the provision of legal advisory services (hereinafter referred to as the “Services”) in accordance with these Terms.
1.2 These terms and conditions establish the procedure for the acquisition, exercise and fulfillment of the rights and obligations of the Contractor and the Customer regarding the provision of services that are the subject of these Terms and Conditions. These Terms of Use apply to the Website as a whole, and to any services, plug-ins, add-ons available on it.
1.3. The use of the Website is possible only for the Customers who are residents of Ukraine and the Services are provided on the territory of Ukraine. The terms of use of the Website and the procedure for the provision of services do not apply if the Customer is not a resident of Ukraine and/or the Services are provided outside Ukraine.
1.4. The Customer may only be a legal entity, an individual entrepreneur and an individual who has reached the age of 18 and has full civil capacity in accordance with the law. The Customer shall be responsible for the inaccuracy of such information and possible negative consequences.
1.5. Each Party warrants to the other Party that it has the necessary legal capacity, as well as all rights and powers necessary and sufficient to conclude and perform the Terms in accordance with their terms. In case the Customer is a limited liability company or an additional liability company, the Customer confirms that it has taken all necessary actions to obtain consent to the Transaction, which is defined as significant in accordance with the Law of Ukraine “On Limited Liability and Additional Liability Companies” No. 2275-VIII dated 06.02.2018 or in accordance with the Charter.
2. Approval of the Terms and Conditions. Rights of the Customer
2.1 These Terms of Use are signed by the Contractor and are a public offer to an indefinite number of customers to conclude a service agreement. The Customer’s acceptance of the Terms of Use shall be in general, and the Customer may not propose changes to the Terms of Use.
2.2 These Terms of Use are set out in a standard and unchanged form for all Customers and are an adhesion agreement in accordance with Article 634 of the Civil Code of Ukraine. If the Customer disagrees with the Terms of Use in whole or in part, the Customer shall immediately cease using the Website and leave it.
2.3. The Customer’s accession to the Terms is carried out by the Customer’s acceptance of the Terms as a whole, and is implemented by taking actions regarding the application (order) of the Services using the Website.
2.4. The Customer has the right to use the Website only upon acceptance and agreement of all provisions of the Terms of Use, as well as the terms of the Privacy Policy, which is an integral part of these Terms.
2.5. When using the Website, the Customer has the following rights:
- Have access to the Website, the Terms of Use, be aware of the subject matter of the agreement between the Contractor and the Customer;
- Receive complete and accurate information about the Services, their detailed description, cost, terms of payment and provision;
- Order and pay for the Services;
- Receive information about the progress of your order;
- To stop using the Website at any time.
2.6 When using the Site, the Customer is prohibited from providing false information, acting on the Site as another person, falsifying data, attempting to bypass any technical means of protection of the Site in any way, including by hacking or other actions, posting on the Site and/or disseminating information that violates the current legislation of Ukraine, attempting unauthorized unauthorized access to the Site, computer equipment of any persons, using the Site for purposes that contradict the requirements of the current legislation of Ukraine, using the Site for purposes that are contrary to the requirements of the current legislation of Ukraine.
3. Provision of services
3.1 The Contractor, in accordance with the Customer’s orders placed on the Website, shall provide legal advisory services (hereinafter referred to as the “Services”), and the Customer shall accept the services and pay for them.
In particular, but not exclusively, the following types of services are provided:
- advising on the Customer’s activities, providing legal advice (oral or written) on issues arising in the Customer’s business activities;
- advising on the legal regulation of certain transactions in accordance with the current legislation of Ukraine;
- analyzing the contracts that the Customer has entered into or plans to enter into with its counterparties to identify legal risks in them and provide recommendations on how to eliminate them;
- preparation of written legal opinions on issues arising in the Client’s business activities, drafting other legal documents;
- analysis of the Client’s primary documents to determine the existing legal and tax risks;
- providing legal advice on other matters.
3.2. The Customer, in accordance with its needs, places an application for the provision of services on the Website, which is executed and transmitted to the Contractor by filling out the “GET CONSULTATION” form https://tretten.pro/en/#consultation_form. In the application for the provision of services, the Customer shall clearly formulate the specific list and scope of services to be provided, and provide the Contractor with all available information.
3.3 When submitting the application, the Customer shall indicate the full name, contact phone number and email address, and in case the Customer is an individual entrepreneur or a legal entity, the full name and EDRPOU code of the legal entity or TIN for an individual entrepreneur shall be additionally indicated.
3.4. The Application sent by the Customer confirms the Customer’s acceptance of these Terms, procedure and conditions for the provision of the Services.
3.5. The Contractor who has received the Customer’s application for the provision of services shall analyze it for the possibility of providing services, sufficiency (completeness) of the information provided If, upon receipt of the Customer’s application, the Contractor requires additional information, data, copies of documents for the provision of services, the Contractor shall send an additional request to the Customer for their provision.
3.6. The Services shall be provided on the basis of information provided by the Customer. The Customer guarantees that the information provided by him is complete, accurate and true, that the information, documents, legal facts provided by the Customer to the Contractor are accurate and up-to-date, there are no other documents, legal facts, circumstances about which the Contractor has not been notified, which, meanwhile, may establish certain rights or obligations for the Customer, and which should be taken into account for the purposes of providing services. The Contractor shall not be responsible for the completeness
and accuracy of the initial information provided by the Customer and shall not be liable for any losses that the Customer may incur as a result of providing inaccurate or incomplete information.
3.7. Based on the results of the analysis of the request, information, data provided by the Customer, the Contractor shall notify the Customer by phone or email of the possibility of providing services, the terms of their provision and the cost no later than within 3 (three) business days from the date of receipt of the Customer’s application.
3.8. Simultaneously with the confirmation of the application for the provision of services, the Contractor shall provide the Customer with an invoice for payment for the services. The final list, scope and cost of the Services shall be specified and agreed upon by the parties in the invoice.
3.9. Within 5 (five) business days from the date of confirmation of the application, the Customer shall pay the Contractor’s invoice.
Payment of the invoice by the Customer shall constitute confirmation of the conclusion of the Service Agreement on the terms and conditions set forth in the application and invoice, and acceptance of these Terms and Conditions.
3.10. If the Customer fails to make payment under this invoice within the specified period, the invoice and the application shall be deemed canceled.
3.11. Upon receipt of funds from the Customer, the Contractor shall commence the provision of services.
3.12. During the provision of services, the Contractor shall independently determine the necessary personnel, technical and other resources to be used for the provision of services. The Contractor shall have the right to engage third parties (subcontractors) in the provision of services without the consent of the Customer, while remaining fully responsible for the quality of services.
3.13. The provision of services shall be carried out within the terms agreed by the Parties. Upon completion of the services, the Contractor shall deliver the result of the services to the Customer.
The transfer of the result of the provision of services may take place by sending the relevant conclusion (consultation), documents, etc. by email, via the Internet, to the location of the Contractor or the Client with the transfer of the result of the provision of services in person, or in another way agreed by the Parties.
3.14. The Customer who has received the result of the provision of services shall check and, in case of any comments within 5 (five) days of receipt of the result of the provision of services to the Customer from the Contractor, shall send them to the Contractor by registered mail.
If within 5 (five) calendar days from the date of sending the result of the services to the Client by the Contractor, the Client does not send any objections to the Contractor, it shall be deemed that the result of the services has been accepted by the Client from the Contractor in full, and the Client has no claims to the Contractor regarding the quality of the services provided.
3.16. The Parties agree that no additional conclusion of the Service Delivery Acceptance Certificate or other document confirming their acceptance by the Customer is required.
4. Payment for services
4.1 The Customer pays for the services by transferring funds through a bank institution in accordance with a payment order (non-cash payment) or by transferring funds to the account from Visa/MasterCard payment cards, payment through a payment terminal, bank cash desk, online payment services (including Privat24 and others).
4.2. The date of payment is the date of crediting funds to the Contractor’s account.
4.3. Additional payments for the transfer of funds, bank commissions, shall be paid by the Customer independently and at their own expense.
5. Intellectual property
5.1. All rights to any intellectual property objects, any other textual, graphic objects and information posted on the Website, the structure of the Website, its operation algorithms, software and Website code, etc. shall belong to the Contractor.
The Customer shall in no way obtain on the Website or otherwise any intellectual property rights to the intellectual property objects that may be accessed while using the Website (or those posted on the Website), and shall not copy, distribute them (including on websites on the Internet or in any other way provide access to them to third parties), grant sublicenses, sell, lease, transfer it or otherwise transfer its rights obtained while using the Website to third parties. Violation of these restrictions entails liability in accordance with the current legislation of Ukraine.
6. Privacy policy and processing of personal data
6.1 This Privacy Policy (hereinafter referred to as the “Privacy Policy”, “Policy” in the appropriate cases) is an integral part of the Terms of Use, comes into force simultaneously with the entry into force of the Terms of Use, may be amended and terminated simultaneously with the amendment and termination of the Terms of Use and in accordance with the procedure established for them.
This Privacy Policy is fully subject to the requirements of the Law of Ukraine “On Personal Data Protection” No. 2297-VI dated 01.06.2010, the Standard Procedure for Personal Data Processing approved by the Order of the Ukrainian Parliament Commissioner for Human Rights No. 1/02-14 dated 08.01.2014, Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC, the
Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data dated 28 January 1981.
By agreeing to the terms of these Terms of Use and the Privacy Policy, the Customer confirms that the Contractor has informed him/her of the rights of the personal data subject provided for in Article 8 of the Law of Ukraine “On Personal Data Protection” and the purpose of data collection, confirms that the personal database “Contractors”, which contains personal data, will be located at the location of the Contractor at the address: 125 Slobozhansky Avenue (formerly “Pravda Newspaper Avenue”), apartment 90, Dnipro, Ukraine.
By agreeing to these Terms of Use and the Privacy Policy, the Customer confirms that he is familiar with the provisions of the Law of Ukraine “On Personal Data Protection”, the Law of Ukraine “On Information”, and the relevant provisions of other regulatory legal acts.
The Contractor, as a subject of relations related to personal data, pursuant to the requirements of Part 2 of Article 12 of the Law of Ukraine “On Personal Data Protection”, shall notify the Customer of the inclusion of its own personal data in the Personal Database “Counterparties”.
The Contractor is the owner and controller of the personal data provided by the Customer during the interaction of the Parties. The Contractor shall take all necessary measures to preserve and protect the personal data provided by the Customer from unauthorized access, unlawful disclosure, accidental loss, alteration, destruction or any other unlawful processing.
6.2. By agreeing to the Terms, the Customer, as the subject of personal data, gives his/her voluntary and unambiguous permission for the Contractor, as the owner of the personal data base, to perform all actions provided for by the Law of Ukraine “On Personal Data Protection”, including, but not limited to, the processing of the Customer’s personal data and/or the personal data of the Customer, the Customer’s officials in accordance with the stated purpose of their processing.
Data processing means any actions with data, including, but not limited to: access, provision, distribution, collection, systematization, storage, accumulation, recording, transfer, blocking, deletion, clarification, updating and/or modification, depersonalisation and other ways of using data by the Contractor.
6.3. The consent to the processing of personal data is unlimited. In case of withdrawal of this consent, the Customer shall provide the Contractor with a written notice of withdrawal of the previously granted consent to the processing of personal data by sending it to the address: 125 Slobozhansky Avenue (formerly Pravda Newspaper Avenue), apartment 90, Dnipro, or by sending an e-mail to [email protected].
6.4. The purpose of processing personal data is:
- establishing business relations with the Customer, concluding and executing contracts;
- compliance with legal requirements;
- placing orders, preparing invoices and making payments;
- identification of the Customer;
- ensuring the exchange of information;
- carrying out activities, including administrative, accounting and archival functions;
- ensuring the safety of confidential information about counterparties;
- systematization and speeding up and improving service;
- ensuring a systematic approach to document processing;
- implementation of marketing activities;
- Preparation of statistical, financial, administrative, tax and other information on business transactions with the Customer in accordance with the requirements of the law;
- implementation of other relations that require processing of personal data of individual
- counterparties and employees of counterparties arising in the course of the Contractor’s business activities.
6.5. To achieve the purpose of data processing, the Contractor collects and processes the following personal data:
- first name, surname, patronymic (if any) of the Customer as an individual (including as an individual entrepreneur) or officials of the Customer, passport details, taxpayer registration number, date of birth and/or age, gender, contact numbers, email address, other contact details provided by the Customer, etc;
- other information that the Customer will provide to the Contractor during the contractual elationship between the Parties.
6.6. Rights of the Customer as a personal data subject
The Customer has the following rights in connection with the provision of consent to the processing of personal data:
- Provide consent to processing, receive confirmation of the processing of personal data by the Contractor;
- access them and receive the content of personal data;
- demand correction (change) of personal data if they are inappropriate, incomplete, unreliable or incorrect;
- demand the deletion (destruction) of personal data by the Contractor if the personal data is
- processed illegally or is unreliable;
- prohibit or restrict the processing of personal data;
- object to the processing of personal data if it is processed for purposes other than those specified in these Terms;
- receive personal data previously provided by the Customer and processed on the basis of consent and, if possible, transfer such personal data to another service provider (data portability rights);
- withdraw consent to the processing of personal data;
- have information about the sources of collection and location of personal data;
- receive information about the conditions for granting third parties and employees of the Contractor access to personal data; have the right to file a complaint with the Contractor’s responsible person appointed in accordance with internal rules or rules to the relevant supervisory authority;
- to have the right not to be subject to a decision made solely on the basis of automated processing of personal data, including profiling, which imposes legal or similar significant consequences on the Customer;
- have other rights defined by regulatory legal acts.
6.7. The Contractor shall not sell, transfer or disclose personal data received through the Website to third parties without the prior consent of the Customer. At the same time, the Customer gives the Contractor consent to transfer personal data to service providers and processors who have access and the right to use personal data only to the extent necessary to fulfill contractual obligations to the Customer. At the same time, the Customer grants the Contractor the consent to independently and at its sole discretion to involve such persons in the processing of personal data, subject to technical and organizational measures in such a way as to comply with the applicable requirements of applicable law and security standards provided for in these Terms of Use.
6.8. Access to the Customer’s personal data included in the personal database “Counterparties” of third parties is allowed only in cases and in the manner prescribed by the legislation of Ukraine. The Customer confirms that he/she will not demand to be notified of the dissemination (transfer to third parties) of his/her personal data by the Contractor in cases established by law.
6.9. The Contractor shall store personal data subject to ensuring their integrity and appropriate access to them. The terms of data processing and storage are determined based on the purposes of their processing, as well as in accordance with the requirements of the current legislation of Ukraine. The Contractor shall store personal data for the period necessary to achieve the purposes for which it was collected, including to fulfill any legal, tax or reporting requirements.
6.10. During the collection, storage, processing of personal data, the Contractor shall apply all necessary technical, organizational, legal measures to protect them from unauthorized and/or unauthorized access, including from changes, deletion, provision, distribution, as well as other illegal actions, and shall constantly ensure the security of personal data.
7. Liability of the Parties. Dispute resolution procedure
7.1. The Parties shall be liable for non-fulfilment and/or improper fulfillment of their obligations in accordance with the provisions of the Terms.
7.2. The Contractor shall be liable exclusively for the quality of the services provided in accordance with the terms of the Customer’s applications.
7.3. Disputes arising between the Parties in connection with the implementation of the Terms, interpretation of its provisions, obligations of the Parties shall be resolved in accordance with the provisions of the current legislation of Ukraine.
8. Other provisions
8.1 These Terms of Use are drawn up in Ukrainian, are public and the Customer agrees to them in general.
By signing and agreeing to the Terms of Use, in the manner prescribed by them, the Customer agrees and confirms that he understands the provisions of the Terms of Use in full, accepts them without objection, including agreeing to assume the obligations under the Terms of Use, the scope of rights granted to the Contractor, including the amendments to the Terms.
The rights and obligations of the Parties to each other in accordance with the Terms of Use shall arise from the moment the Customer agrees to the Terms of Use.
8.2. The current version of these Terms of Use is valid as of 16.05.2023.
8.3. The Customer shall be fully responsible for the correctness of the details, address and telephone numbers provided by him/her. In case of any changes in the Customer (name, legal form, legal address, bank details, addresses and telephone numbers), it undertakes to notify the Contractor of their change in writing within 5 (five) calendar days. In the absence of such notification of change, the Customer shall bear all risks of negative consequences related thereto.
Information about the Contractor
https://tretten.pro
Individual entrepreneur
Maxim Pavlovich Nosarev
TIN 2941422937
49000, Dnipro city, Dnipro region,
Slobozhanskyi Avenue (formerly Pravda Avenue) 125, ap. 90