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AI in Ukraine: legal aspects

Legal aspects of online sales

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Legal aspects of online sales

Zilver — Fri, 21 Mar 2025 19:41:20 +0000

Online sales are a convenient and promising business, but they require compliance with a number of legal regulations. Regardless of whether you sell products through your own website, social networks, instant messengers or mobile applications, you must take into account the requirements of the law. In this article, we will consider the key legal aspects of online trading. You can learn more about the legal nuances of online business from our article “Online Business: Legal Advice” .

1. Business registration

To operate an online store legally, an entrepreneur must register the business in the appropriate form:

A Private entrepreneur (sole proprietor) is an option for small businesses.
A limited liability company (LLC) is a more suitable option for large-scale projects, as well as when attracting investors to a project.

Registration also affects the tax burden, the ability to enter into contracts and business protection.

It should be noted that registration is mandatory even if you sell handmade goods via Instagram or accept payment by card. Illegal business activities may result in fines from the tax authorities.

Business subject (KVED) codes: Select the appropriate activity codes (for example, 47.91 – “Retail trade carried out by mail order companies or via the Internet”).

2. Required documents for online sales

Any online store, be it a website, an Instagram page or sales via Telegram, must have properly executed legal documents, such as:

Public offer agreement ( Public offer ) — an agreement offered by the store for conclusion to an unlimited number of persons, according to which the online store sells goods/services/works/services. Concluded by placing an order by the client.
Privacy policy is an internal regulatory act that determines how an online store collects, stores and uses confidential information, including personal data of customers (in accordance with the Law “On the Protection of Personal Data” ).
Documents confirming the quality of goods – certificates, declarations of conformity, if you sell products subject to certification (for example, cosmetics or electronics).
User Agreement – defines the rights and obligations of users (online store), defines the terms of sale, delivery and return.
Details for returning goods – in accordance with the Law “On the Protection of Consumer Rights”.
Licenses – if you sell alcohol, medicines, electronic cigarettes, etc.

Without these documents, the entrepreneur risks receiving fines or lawsuits from buyers.

3. Taxes and accounting

Taxes are a mandatory part of online business. Even if you work via messengers and accept payments by card, the tax office may be interested in your income. Key points:

A single tax for sole proprietors is convenient for small businesses, but requires compliance with income limits.
VAT is relevant for large online stores with a turnover above the established threshold.
Electronic checks (RRO/PRRO) – since 2022, most online sellers are required to issue fiscal checks, even when paying through payment systems.

Ignoring tax requirements may result in fines and additional taxes. We recommend keeping records of your income and consulting with an accountant.

Online Business: Legal Advice

Zilver — Fri, 29 Nov 2024 15:08:32 +0000

Online business is very diverse, so this article sets out general recommendations from our lawyers for owners and managers of online businesses.

What is meant by online business?

In this consultation, online business means any business that sells its goods/works/services through any Internet resources (websites, messengers, social networks, AI platforms, marketplaces).

For example:

– sale of courses (weight loss, self-development, psychology, education, etc.), which are essentially goods;

– sale of goods (on websites, marketplaces, via Instagram , etc.);

– sale of services (coaching, cleaning, transportation, training, etc.);

– sale of financial services (banking services, insurance, exchangers (especially in the field of cryptocurrencies));

– sale of works (service stations, development and repair works, design works, etc.);

– franchise;

– advertising activities, marketplaces, paid groups in messengers and social networks;

– channels on YouTube and other platforms, for publications in which the author receives remuneration;

– and much more.

An important characteristic of an online business is that the owner or administrator of the online resource receives income from the online resource.

A blog in which the author publishes his thoughts or other creative works without receiving compensation for it or without the intention to receive such compensation is not an online business and is not the subject of this publication. An exception may be blogs, which can be capitalised, but this is the subject of a separate publication.

What is the legal difference between online and offline business?

The main differences (depending on the situation) are:

Special requirements of currency legislation, advertising legislation and consumer protection legislation for online advertising and online sales, mostly related to distance sales.
Use of online payments in most cases, rather than cash registers (or their variations).
The need to comply with the rules (policies) of the platform (YouTube , Instagram, App Store, Google Play, Upwork, Freelancer, Amazon) that hosts online businesses.

Is it necessary to register an online business with government authorities?

Any entrepreneurial activity is subject to registration. Moreover, for correct and optimal accounting and taxation, it is necessary to select and register the appropriate tax system for the entrepreneur/enterprise.

Do you need permits for an online business?

There is no special permitting documentation for online business; it is required in the same cases as for offline business.

Can an LLC have an online business?

Yes, LLCs, JSCs and other forms of entrepreneurship can have an online business.

The online business is in most cases registered as a Sole Proprietorship (PE) due to the minimal tax burden. However, there are no restrictions related specifically to online business in this regard. Only if a certain business (regardless of whether online or offline) must be conducted in a certain organizational and legal form (for example, in the financial sector), then the online business must also be conducted in the same organizational and legal form (for example, JSC).

Which tax system to choose?

The choice of taxation system depends on the specific conditions of doing business. In most cases, a simplified taxation system is better suited for working from Ukraine in online business: a payer of a single tax of group III, who pays 5% of a single turnover tax, 1% militarz tax and a single social contribution. You can read more about the taxation system in Ukraine at the link .

This tax system is well suited for small online stores and YouTube bloggers, sales of courses, etc.

How to get paid in online business?

The main legal and recommended ways to get paid from an online business are:

Payment to a bank account or to a bank card of an enterprise/individual entrepreneur, published on the website/platform or sent to the consumer/platform individually.
Payment via payment systems: financial companies (with the appropriate financial licenses) offer payment processing services (Internet acquiring, accepting online payments).
C.O.D.

Other methods of receiving payment should be considered on an individual basis: it is important to take into account the tax system, restrictions of currency legislation, etc.

Is it possible to receive payment on an individual’s card?

Formally, it is not prohibited to receive payment for goods/works/services on an individual’s card, unless the card is issued for limited purposes (social payments, etc.). However, in this case, it is necessary to pay taxes (personal income tax, unified social contribution, military tax) as an individual, and not as a private entrepreneur. Accordingly, the tax burden will be significantly higher.

Taking into account the above, we recommend that you use bank cards of private entrepreneuror LLCs, rather than the personal cards of an individual.

Note: The fact that someone uses personal cards to receive payments without problems does not mean that there will not be problems with the tax authorities or the bank.

What contracts, policies, and regulations are recommended/required to be published for running an online business?

Each online business should be considered individually and documents should be developed individually, however, general recommendations are as follows:

The platform on which the online business is hosted may have its own requirements for the list and content of documentation.
The payment systems used may also have their own requirements for the list and content of documentation.
It is necessary to ensure transparency and regulation of relations between online businesses and consumers.

We recommend the following documents for online business publication:

Public offer agreement (regarding what is offered and sold by the online business);
Confidentiality Agreement (NDA) , including provisions on the protection of personal data;
Payment terms (if not included in the Public Offer Agreement);
Warranty conditions and conditions for return (exchange) of goods/works/services;
Terms of use of the site/page/other resource;
Price list and list of goods/works/services.

Naturally, if the platform on which the online business is hosted itself offers and sets a condition for using its documentation from the above list, then in most cases it may not be necessary to duplicate and create your own documentation.

What to do if the platform does not offer the ability to publish the specified documents? Is it necessary to duplicate the specified documents on all online resources?

In any case, we recommend that you find a way to publish the documents from the list above. This could be a separate page or section. It is important to inform the consumer about such documents and ensure access to them.

Is it possible not to publish and not to use the above documents? Many do not use them and do not bear responsibility.

The consequences of failure to use and publish the said documents depend largely on the specific situation: in the case of justified complaints from consumers, the absence of such documents may have negative consequences.

Where can I find these documents for online business?

Free sample documents that you will have to adapt to a specific project can be found at the links on the website of the legal company “Zilver”:

However, to ensure that contracts, regulations and policies are appropriate and tailored to the specific needs of your business, we recommend ordering custom documents from lawyers.

Is it possible to sell goods/works/services through Instagram?

There are no restrictions related to the use of Instagram specifically. It is important to comply with all other conditions.

Is it necessary to register a Trademark?

There is no obligation to register a Trademark, this is done at will. For a better understanding of this issue, we recommend the following links for further reading:

Why register a Trademark at all?

What is the difference between a Trade Name and a Trade Mark?

How to choose a Trademark?

How to register a Trademark?

Intellectual Property Law in Online Business.

Intellectual property rights in online business play an important role and are very multifaceted. From a legal point of view, the following recommendations can be summarized:

Monitor compliance with intellectual property rights when using third-party intellectual property (obtain licenses, consents from copyright holders). This also applies to the acquisition of online content (pictures, photographs, texts), which are then used in online business: it is important to purchase the appropriate license.
To formalize the acquisition of intellectual property rights from contractors (copywriters, designers, camera operators, actors).
To formalize the distribution of intellectual property rights with partners, platforms, etc.
In the event of a sale or license granted by an online business, enter into a contract (license agreement) prepared by lawyers with consumers.

For more details, we recommend that you read our publications on this topic:

What are the features of international online business? Is it necessary to register representative offices in the countries where online business goods/works/services are sold? Is it possible to sell goods/works/services all over the world from one platform (resource, website, Instagram page, etc.)?

The presence and content of any restrictions or special conditions for the sale of certain goods/works/services for both online and offline businesses must be clarified in each specific case. In particular, countries (unions of countries) may establish:

restrictions on advertising of a certain group of goods;
special conditions for advertising a certain group of goods/works/services;
special certification or conditions for admission to the market of goods/works/services;
special conditions for returning goods;
other special rules for the protection of consumer rights;
the need to have a representative in the country (union), for example, which is discussed in more detail in our article at the link ;
special payment terms;
special conditions for storing personal data;
and others.

Depending on the conditions listed, a decision can be made on the need to open a representative office, the ability to freely advertise/trade from foreign countries, and so on.

Entering new markets needs to be thought out and planned, including consulting with lawyers on the above issues.

How to secure/protect online business?

As in offline business, important components of legal security of online business are competent paperwork, correct accounting and payment of taxes, compliance with the rules of currency, advertising, language, financial legislation, consumer protection rules, optimal corporate structure, etc.

If necessary, lawyers from the Zilver law firm will conduct a legal audit of the online business, develop the necessary package of documents, provide tax advice, and protect interests in government agencies and courts.

It is also possible to provide services on a retainer basis.

Is it possible to buy or sell an online business?

Yes, selling an online business is possible. For the correct legal performance of the purchase and sale of an online business, it is necessary to conduct a preliminary legal audit, including an analysis of the structure of such a business. A good online business is complex, so its re-registration requires a comprehensive approach, which our lawyers can offer.

You can read about the individual components of buying and selling an online business by following the links:

Recommended articles on other topics:

Sample oft he AI Policy (AI Act) for a company

Sample of the franchise agreement

Public offer agreement

Legal terms for submitting an application to the App Store or Google Play

How to Tokenize Assets and Businesses? Legal aspects

Legal aspects of online sales

Models: legal aspects of activity

How to register copyright /property rights for AI-generated text or image?

Licensing of gambling business in Ukraine: what is important to know in 2025?

Zilver Law Firm on Facebook

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The post Online Business: Legal Advice first appeared on Zilver.

Sample of the franchise agreement

Zilver — Tue, 13 Aug 2024 14:03:22 +0000

For those businesses that have decided to scale up by issuing franchises, and who do not want to contact professional lawyers to develop an individual agreement for a specific project, we suggest using a sample (commercial) franchise agreement.

FRANCHISE AGREEMENT

Zurich, Switzerland

“__” August 2022

The company “Lawyer” hereby duly represented by CEO (hereinafter referred to as “Franchisor”), on the one hand,

and,

Attorney, (hereinafter referred to as “Franchisee”) on the other hand,

hereinafter jointly referred to as the “Parties” or, individually, as the “Party”;

have concluded current Franchise agreement (hereinafter referred to as “Agreement))

Definitions

For the purpose of the present Agreement, the Parties agree that the following terms and expressions are to be defined as follows:

“Confidential Information” means all information and documentation of either Party, including but not limited to, technical information and data, customer and information, trade secrets, business processes, methodologies, tools, financial data, statistical information, personnel and other business data and any commercially valuable information in whatever form relating to either Party and their respective businesses.
“Franchisee Income” means income received by Franchisee from providing the Services to the Franchisee’s clients within the Territory for the appropriate period as a result of using the Franchise.
“Disclosing Party” means the Party disclosing Confidential Information.
“Royalty or Royalties” means the Royalty payable by Franchisee to Franchisor.
“Force Majeure Event” means an event beyond the reasonable control of the performing Party, including, but not limited to, acts of labour disputes or general industry strikes which occur despite any appropriate judicial or other actions taken by such Party to avoid them, war whether declared or not, riot, earthquake, flood, fire, governmental restrictions, terrorist attack.
“Receiving Party” means the Party receiving Confidential Information.
“Trademarks” means Franchisors’ Trademarks.
“Services” means services performed by the Franchisee to the Clients on the Territory.
“Territory” means the Territory of Switzerland.
“Franchise” means the right of the Franchisee to run business under the Trademarks of the Franchisor.

Subject Matter
- Franchisor grants, and the Franchisee obtains Franchise for its usage under the condition that Franchisee obliges to pay to the Franchisor the fee (Royalty) and run its activity according to the Franchisors business model.
- The Parties confirm that during the execution of this Agreement the Franchisee acts as an independent contractor in accordance with the law of Switzerland and in no case may be considered as a hired employee of the Franchisor.

FRANCHISE PERFORMANCE
- Franchisor consults, instructs about business running, as well as implements other measures, aimed to prepare Franchisee to run business according to the Franchisors standards.
- Franchisor assists the Franchisee in marketing, advertising the Services, for that purpose shall be used different platforms, advertising resources etc.
- Franchisee by its own efforts and at its own costs ensures the Services performance. Franchisee at its own is responsible for quality and timing of the Services performance.

PAYMENTS
- The franchise fee (royalty) consists of two parts:
  - The admission fee – 1 BTC.
- Percentage rate – 1 ETH.

INTELLECTUAL PROPERTY RIGHTS
- Franchisee shall not be entitled to register the Trademarks and any part thereof as a patent, registered design or otherwise without the prior written consent of Franchisor.

Confidentiality
- The provisions of the Agreement are confidential.

Term
- The present Agreement has been entered into and shall bind the Parties as from the Agreement Date and shall continue in force for a term of two (2) years.
- Each Party may terminate this Agreement immediately by notifying the other Party in 15 (fifteen) days before date of early termination.

RESPONSIBILITY
- Parties are liable according to the law.

Force Majeure
- No Party shall be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform any of their respective obligations in relation to this Agreement, if the delay or failure was due to a Force Majeure Event.
- If either Party suffers delay in the execution of its contractual obligations due to the occurrence of a Force Majeure Event, it shall promptly give the other Party notice in writing of the cause of the delay and the expected duration thereof. Both Parties shall use their best efforts to avoid or minimize the effects upon their obligations assumed hereunder of such Force Majeure Event and shall perform their contractual obligations as promptly as reasonably practicable after removal of the Force Majeure Event and its effects.

Applicable Law and Jurisdiction
- The present Agreement, all amendments hereto and any and all Disputes arising here from or related hereto, shall be governed by and construed exclusively in accordance with the laws of Switzerland.
- All Disputes shall be resolved by the courts of Switzerland according to the laws of Switzerland.

GENERAL PROVISIONS
- The present Agreement and all Annexes hereto constitute the entire understanding between the Parties hereto with respect to the subject matter of the present Agreement and supersedes all prior communications between the Parties, both oral and written, including but not limited to proposals, previous negotiations, agreements, commitments, understandings, representations, warranties and certifications, express or implied (if any).
- This Agreement is drawn up in Ukrainian and English induplicate. In case of conflicts or discrepancies between Ukrainian and English texts, the English text is prevailing.

DETAILS AND SIGNATURES OF THE PARTIES

Franchisor

LAWYER

Franchisee

ATTORNEY

This sample (commercial) franchise agreement is provided free of charge and therefore no claims will be accepted as to its content or the results of its use.

This sample (commercial) franchise agreement is intended for educational purposes, as well as for fans of “standard” and “simple” agreements.

We always strongly recommend that a specific agreement be developed for a particular project, taking into account the specific conditions of the business. The development of a (commercial) franchise agreement is a paid service.

Recommended articles on other topics:

Filing information about beneficial owner of the Ukrainian entity.

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Legal aspects of online sales

Models: legal aspects of activity

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The post Sample of the franchise agreement first appeared on Zilver.

Applying information about the beneficial owners

Zilver — Sat, 17 Jul 2021 16:09:04 +0000

According to the amendments into the legislation of Ukraine (we wrote earlier about them), all Ukrainian legal entities (with a few exceptions), taking into account the approval of the Ministry of Justice of the forms by Order of the Ministry of Finance of Ukraine, from July 11, 2021 to October 10, 2021, must submit to the registrar (Ministry of Justice of Ukraine) information about their beneficial owners.

In case of violation of this obligation, a penalty of UAH 17,000 will be imposed. up to UAH 51,000 (Article 166-11 of the Administrative Code of Ukraine).

According to the Art. 17-1 of the Ukrainian law “About state registration of legal entities, private entrepreneurs and civil organizations” following documents have to be filed to the departments of the Ministry of Justice.

Application (filled in by lawyers).
Schematic illustration of the ownership structure (drafted by lawyers).
Extract, other document confirming the registration, name and place of registration of the foreign parent company (shareholder). The document must be apostilled.
Notarized copy of the passport of the beneficial owner / -s, incl. beneficial owners of a foreign company that is a shareholder of a Ukrainian company. The document must be apostilled.

All documents issued abroad must be translated into Ukrainian, with a notarized signature of the translator.

The submission of a package of documents can be carried out in one of the ways indicated below: by the

Director in person (possibly in the presence of a lawyer) at the registrar in the Center for the provision of administrative services (with possible waiting in queues).
Director personally (possibly in the presence of our lawyer) at a notary.
An authorized person (for example, lawyers) on the basis of a notarized power of attorney from a notary.

The cost of the “turnkey” service:

If the participants of the legal entity are citizens of Ukraine – 2000 (two thousand).
If the ownership structure consists of two lines of participants – 2500 (two thousand five hundred) UAH. Each subsequent line of participants – 500 (five hundred) UAH extra.
If there are non-residents among the participants – 500 (five hundred) UAH extra.

Note: In case of a complex ownership structure, Zilver Law Firm reserves the right to change the cost of services.

Subsequently, the company will have to annually, within 14 calendar days after the date of registration, submit confirmation of information on the ultimate beneficial owners.

You can contact Zilver Law Firm by phone: +380501409560 (Viber, WhatsApp, Telegram), e-mail: info@zilver.com.ua.

We also recommend reading legal advice:

About CFCs

How to open company in Ukraine

How to open representative office in Ukraine

Annual meeting of LLC participants

How to get extract from civil registar in Ukraine

Zilver Law Firm on Facebook

Zilver Law Firm on Instagram

The post Applying information about the beneficial owners first appeared on Zilver.

Act of services acceptance template

Zilver — Wed, 23 Jun 2021 15:44:31 +0000

For those companies, which work with Ukrainian partners it might be relevant to sign act of acceptance of performed services, which is necessary for some cases in Ukraine from the accountant perspective.

Act of services acceptance

Kyiv, Ukraine _________ __^th , 20__

Limited liability company “Lawyer”, legal entity registered and acting under laws of Ukraine, duly represented by director Lawyer, acting on the basis of the articles of association, hereinafter referred to as the “Executive”, and

Attorney Inc., legal entity registered and acting under laws of the Switzerland, duly represented by director Attorney, Inc. acting on the basis of the Charter, hereinafter referred to as the “Client”,

hereinafter jointly referred to as “Parties” or, individually, as “Party”,

herewith confirm the following:

During the period from XXXX till XXXXX the Executive performed following legal services, in Kyiv (Ukraine):
1. Drafting the contract with the IT-developer.
2. Incorporation of the company (LLC) in Ukraine.
3. Registering Representative office in Ukraine,
4. Tax consultation.
5. Drafting of the labor contract with the CEO.
The Client certifies that services have been performed of good quality and within agreed time period.
The Client does not have any claims concerning performed services.
This Act is made in English in two copies, both copies being equally valid, one copy for each Party.
This Act is an internal part of the Contract.

Signatures

Limited liability company “Lawyer” ____________ Lawyer

Attorney Inc. _____________ Attorney

Lawyers of the Zilver law company are ready to support business projects in Ukraine, incorporate companies, draft contracts, consult, litigate. Our contacts: +380501409560 (Viber, Whatapp, Telegramm), e-mail: info@zilver.com.ua.

You may get more infromation about:

Filing information about beneficial owner of the Ukrainian entity.

Service contract template

Zilver law company in Instagram

Zilver law company in Facebook

The post Act of services acceptance template first appeared on Zilver.

Confidentiality agreement (NDA) template

Zilver — Fri, 11 Jun 2021 10:36:17 +0000

Starting negotiations with the counterparties and contractors companies usually require the Non-disclosure agreement (NDA) or confidentiality agreement.

Lawyers of the Zilver law Attorney recommend to draft special NDA for each case, however some start-ups prefer to use templates of the contracts. Therefore we offer you free template of the confidentiality agreement.

CONFIDENTIALITY AGREEMENT

Kyiv, Ukraine __________ 20_

Attorneys association “Attorney”, hereinafter referred to as the Attorney, represented by Mrs. Attorney, acting on the basis of Charter, on the one side, and

Law Attorney “Lawyer”, hereinafter referred to as the Lawyer, represented by Mr. Lawyer, acting on the basis of Charter, on the other side,

hereinafter jointly referred to as the Parties,

have concluded the present Agreement on the following:

SUBJECT OF THE AGREEMENT

1.1. The Attorney provides the Lawyer with confidential information related to the Attorney’s legal activity which is specified in cl.1.2 hereof and hereinafter referred to as the Information.

1.2. The Information comprises: drafts, code.

1.3. The Information is handed over to the Lawyer with the purpose of providing legal services in Ukraine.

OBLIGATIONS OF THE PARTIES

2.1. The Attorney undertakes to hand over the Information under the terms hereof. The Attorney shall specify the Information, giving a notice of its confidential nature. The Information shall be delivered by providing access to the cloud storage.

2.2. The Lawyer undertakes not to disclose the Information or make it available for any third persons without the Attorney’s consent except as provided by the Ukrainian law.

2.3. The Lawyer undertakes to take measures for safeguard the confidentiality of information providing the privacy such way when the possibility of unauthorized disclosure and use of information is excluded.

2.4. The Lawyer undertakes to use the Information only for the purposes specified in cl. 1.3 hereof.

2.5. The Lawyer undertakes to exert every effort so that to prevent unauthorized access to the Information.

SPECIAL TERMS

3.1. The Lawyer shall not have any obligations with respect to the data which meet any of the following requirements and as such are not considered as the Information:

3.1.1. The data have been well-known to the Lawyer as of the date of signing hereof and the Lawyer can prove the legality of their earlier receipt;

3.1.2. The data are or become well-known to indefinite circle of persons as a result of deliberate or incautious actions undertaken by the Attorney or as a result of the Attorney’s inactivity or negligence;

3.1.3. The data are received by the Lawyer on legal grounds from a third person without limitation or breach hereof, which can be proved by the Lawyer;

3.1.4. The data are allowed for promulgation by the Attorney.

LIABILITY OF THE PARTIES

4.1. In case of non-fulfillment or improper fulfillment of obligations hereunder by a Party, the Party in fault is bound to compensate the counterparty for losses incurred.

4.2. The compensation of losses incurred as a result of non-fulfillment or improper fulfillment of obligations does not relieve the Party in fault from responsibility to perform its duties hereunder.

FORCE MAJEURE

5.1. No Party is liable in case of non-fulfillment, untimely or improper fulfillment of any obligation hereunder if the said non-fulfillment, untimely or improper fulfillment is due to occurrence and/or action of force majeure circumstances, such as fires, floods, earthquakes and other natural disasters, wars, military actions of any kind, as well as any other circumstances which are beyond the control of the Parties (the Party) including the adoption of a law or other normative act prohibiting a provision hereof; legitimate claims of Ukrainian state authorities and administration, binding a Party to hand over the Information to a competent authority; perpetration of illegal actions by third persons with respect to either of the Parties which result in unauthorized disclosure of the Information.

5.2. The Party affected by force majeure circumstances shall notify the counterparty of occurrence of such circumstances within 3 (three) days from the moment of their occurrence.

5.3. After cessation of force majeure circumstances, the Party affected by the force majeure circumstances shall inform the counterparty of their cessation within 3 (three) days from the moment of cessation.

5.4. Within the period of duration of force majeure circumstances, the Party affected by force majeure circumstances shall undertake all possible measures in order to prevent the dissemination of the Information among third persons and to limit their access to the Information.

5.5. Occurrence of force majeure circumstances at the moment of non-fulfillment or improper fulfillment of obligations hereunder deprives the Party in fault of its right to refer to the force majeure circumstances as the ground relieving it from responsibility.

5.6. Occurrence, action, and cessation of force majeure circumstances shall be confirmed by the document issued by a competent authority.

5.7. If the Party affected by force majeure circumstances breaks cl. 5.2 and 5.3 hereof, the Party loses its right to refer to the force majeure circumstances as the ground relieving it from responsibility.

NOTIFICATION

6.1. Any messages or notices hereunder shall be sent by courier, registered letter, or other registered mail to the addresses specified by cl. 8 hereof.

6.2. A notice is considered to be received by a Party:

6.2.1. on the day of its delivery by courier, which shall be confirmed by a receipt signed by an authorized representative of the Party-addressee; and/or

6.2.2. on the day of delivery of a registered letter or other registered mail which shall be confirmed by a receipt signed by an authorized representative of the Party-addressee.

MISCELLANEOUS

7.1. The present Agreement is considered to be concluded from the moment of its signing and stamping by the Parties and is valid sine die.

7.2. The present Agreement is executed in duplicate of equal legal force in English and Ukrainian, with each Party holding one copy. Ukrainian text prevails.

7.3. None of the Parties may unilaterally refuse from the fulfillment hereof or unilaterally change terms hereof.

7.4. All changes and additions to the present Agreement are legitimate and are an integral part hereof if they are executed in writing, signed and stamped by duly authorized representatives of the Parties.

7.5. Once the Agreement is signed all prior negotiations between the Parties, correspondence, preliminary agreements, and protocols of intent bearing on matters related hereto lose their legal effect in the part pertinent hereto and are considered to be confidential information with all consequences implied hereunder.

7.6. All matters which are not regulated hereby shall be governed by the Ukrainian law.

7.7. In case any disputes or contradictions arise regarding the questions which ensue from the Agreement or concern it, the Parties are to take measures to resolve these questions by means of negotiations.

Disputes and contradictions between the Parties which arise from the Agreement, disputes regarding the questions which are not envisaged by the Agreement, but arise from the Agreement, disputable questions regarding the termination of the Agreement and its validity are to be resolved by the International Commercial Arbitration Court of the Trade-Industrial Chamber of Ukraine in accordance with the rules and procedures of this Court. In this case the Ukrainian laws are to be applied.

7.8. In case of any change in address, telephone number, or Lawyer details, the Party concerned shall inform the counterparty of the change within 3 (three) days from the moment of alteration.

7.9. Each Party undertakes not to disclose in any way by any means to anybody the fact of existence of the present Agreement without prior written consent of the counterparty.

DETAILS AND SIGNATURES OF THE PARTIES:

Attorney ____________

Lawyer ____________

Lawyers and attorneys of the Zilver law company may draft or check contracts and provide othe legal services. Our contacts: +380501409560 (Viber, WhatsApp, Telegram), e-mail: info@zilver.com.ua.

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AI in Ukraine: legal aspects

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The post Confidentiality agreement (NDA) template first appeared on Zilver.

Agent agreement template

Zilver — Fri, 07 May 2021 09:47:49 +0000

The Zilver law company offers you to use free sample of the agent agreement.

Agent agreement

Kyiv, Ukraine 00.00.0000.

Limited liability company “Law Company Ukraine” (abbreviated name – LLC “Law Company Ukraine”), represented by director Lawyer, acting under the Charter (hereinafter referred to as Principal), and

Limited liability company “Attorney Ukraine” (abbreviated name – LLC “Attorney Ukraine”), represented by director Attorney, acting under the Charter (hereinafter referred to as Agent),

referred together herein as the “Parties”, apart – the “Party”, have concluded this Agent agreement № ___, dated __ _______ 2021, (hereinafter referred to as Agreement ) on following:

Subject of the Contract

The Principal authorises the Agent to market Principals Goods. Such marketing and promotion to take place in Ukraine, on a non- exclusive basis.

The price and payment terms.

2.1. The Agents commission for its services is 7 (seven) %.

2.2. Payment must be made within 10 days after the invoice issue.

Performance of the Agreement

3.1. The Agent is authorised to negotiate, run advertisement, support cistomers etc.

3.2. The Principal can accept the Agent’s client provided that in the meantime the client does not visit any of the Principal’s offices, escorted or not, through an alternative source. This procedure is followed in order to avoid possible complications or misunderstandings.

3.3. The Principal or Agent shall not, during or after the termination of this agreement, disclose to any persons, any information relating to the business affairs or trade secrets of the Principal or the Agent, which have or shall after the commencement of this agreement become known to him.

Responsibility of the Parties

4.1. In case of breach of their obligations under the Contract, the Parties shall be liable under the Contract and the legislation in force of Ukraine.

4.2. In case of delay of the term of payment the Principal shall pay the Agent a penalty in the amount of 0.3 percent of the amount of debt for each day of delay in payment for the Goods.

4.3. Payment by the Party of a penalty and (or) compensation for damages caused by violation of the terms of the Сontract shall be without prejudice to the obligation to perform this Contract specifically, unless otherwise expressly provided by the legislation in force of Ukraine.

Dispute settlement procedure

5.1. In the event of disputes and disagreements under the Contract or concerning it, the Parties shall take all necessary measures to reach an agreement through negotiations and/or correspondence (sending relevant claims), with appropriate responses to them no later than 14 (fourteen) calendar days from the moment of receipt, and in case of non-receipt (for any reason) of 14 (fourteen) calendar days from the moment of sending such claim by the interested Party.

5.2. If the Parties do not reach an agreement through negotiations, all disputes and differences shall be finally settled by arbitration (ICC). The seat of the arbitration shall be Paris and it shall be conducted in the English language.

Force majeure

Neither party will be liable for any delay in performing or failure to perform any of its obligations under this Contract if such delay or failure is caused by force majeure, such as civil disorder,threat of war, military action, natural disaster and other circumstances which are beyond the control of the party in question. In such event, the party will give immediate notice in writing to the other party of the existence of such cause or event and of the likelihood of delay.

Terrms and conditions of the Contract

7.1. This Agreement shall enter into force upon its signing.

7.2. Amendments to this Contract may be made only by agreement of the Parties and shall be executed by signing an Additional Agreement to this Contract by both Parties.

Parties details

Signed:

LLC “Law Company Ukraine” LLC “Attorney Ukraine”

__________________ __________________

Lawyer Attorney

Lawyers and attorneys of the Zilver law company may consult you on contract law, draft the contract for you, provide othe legal services. Our contacts: +380501409560 (Viber, WhatsApp, Telegram), e-mail: info@zilver.com.ua.

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The post Agent agreement template first appeared on Zilver.

Services agreement template

Zilver — Tue, 04 May 2021 12:20:45 +0000

The following template of the service agreement is free of charge.

SERVICES AGREEMENT

Kyiv, Ukraine 00.00.0000

Limited liability company «Law company Ukraine», a legal entity registered under the laws of Ukraine, in the person of its Director Attorney-at-law, who is acting under the Articles of Association, hereinafter referred to as the «Client», on the one hand, and

Limited liability company “Lawyer Kyiv”, a legal entity registered under the laws of Ukraine, in the person of its Director, Lawyer, who is acting under the Articles, hereinafter referred to as the “Executor” on the other hand,

(jointly further referred to as the Parties, and each as a Party) have executed this Services Agreement (“Agreement”) as follows

SUBJECT

1.1. Subject to terms and conditions of this Agreement the Executor shall undertake to render the following services (“Services”): __________________ within the contractual term and upon the Client`s instructions, and the Client shall undertake to pay for such services

RIGHTS AND OBLIGATIONS OF PARTIES

2.1. The Executor shall:

– perform to the Client Services as defined in this Agreement;

– in case of impossibility to render Services within the term determined in the Agreement – immediately notify the Client in writing respectively;

2.2. The Executor shall have the right:

– to receive from the Client information necessary for rendering Services hereunder;

– to receive payment of the fee for such Services rendering in the amount and term stipulated hereunder.

2.3. The Client shall:

– accept from the Executor the Services provided that such Services are in compliance with the terms and conditions of the Agreement and pay the services fee in the amount and term stipulated hereunder;

– provide the Executor with information necessary for such Services rendering.

2.4. The Client shall have the right:

– to refuse the acceptance of the Services rendering results, if such Services do not comply with the terms and conditions of this Agreement, by sending a refusal notice within 7 calendar days;

– to specify information concerning the selection of immovable property objects.

SERVICES FEE AND ACCEPTANCE

3.1. The Client shall pay the Executor a Services fee in the amount of XXX Euros for Services rendered within 5 calendar days from the invoice issuance.

3.2. The delivery by the Executor of Services and the acceptance of such Services results by the Client shall be performed under a Delivery and Acceptance Deed which shall be signed by authorized representatives of the Parties within 3 (three) business days after the actual rendering of Services.

3.3. The execution of the Delivery and Acceptance Deed on the Services rendered by the Client`s representative is evidence that it has no claims on its side

RESPONSIBILITY OF THE PARTIES

4.1. In case of default arising from this Agreement a Party shall bear responsibility pursuant to this Agreement and (or) the current laws of Ukraine.

DISPUTE SETTLEMENT

5.1. All disputes arising from this Agreement shall be settled by negotiations between the Parties.

5.2. If a dispute cannot be settled by negotiations, it is settled judicially in court pursuant the determined competence and jurisdiction of such dispute according to the current laws of Ukraine.

EFFECT OF THE AGREEMENT

6.1. This Agreement is deemed executed and comes into effect from its signing by the Parties and affixing of respective seals by the Parties.

6.2. Changes to this Agreement shall come into effect from the duly execution by the Parties of an additional agreement hereto, if not otherwise stipulated by the additional agreement, this Agreement or the current laws of Ukraine.

6.3. This Agreement is deemed cancelled from the duly execution by the Parties of an additional agreement hereto, if not otherwise stipulated by the additional agreement, this Agreement or the current laws of Ukraine.

DETAILS OF THE PARTIES

CLIENT

Limited liability company

«Law company Ukraine»

EXECUTOR

LLC «Lawyer Kyiv»

Signatures

Attorney-at-law _______________

Lawyer ________________

If you need consultations of Ukrainian lawyers, draft of any contract or other legal assistance you may contact Zilver law company: +380501409560 (Viber, Whatapp, Telegramm), e-mail: info@zilver.com.ua.

You may get more infromation about:

Filing information about beneficial owner of the Ukrainian entity.

Act of services acceptance template