Public offer agreement

PUBLIC OFFER AGREEMENT

This Public Offer Agreement is an official public offer of the Contractor to enter into a Public Offer Agreement with any User on the terms specified in the Agreement.

DEFINITION OF CONCEPTS
- Acceptance – the User’s unconditional acceptance of the Offer by making a Payment, which means agreement with all the terms and conditions of the Offer, the Agreement, the Privacy and personal data processing policy, and an unequivocal wish to purchase Legal Services from the Executor.
- Agreement – given public offer agreement on the provision of Legal Services, published on the Website and/or in Social Networks, according to which the Executor provides Legal Services under the conditions specified in the relevant agreement.
- Application – an application of the prescribed form, which is filled out by the User upon acceptance of the Offer, in which the full name, contact data and bank details of the User, other personal data of the User, the selected Document, etc. are specified. The application is published by the Executor and filled out by the User on the Website, on the Contractor’s page in Social Network.
- Client – a natural or legal person who has accepted the Offer.
- Confidential Information – information about a Person (including Personal Data), legal, financial and economic or other information which, because it is not known to third parties, has actual or potential commercial value, to which there is no free access on a legal basis.
- Confidentiality – a special mode of access to and processing of Confidential Information, which provides for a limited circle of persons who have the right to access the information, as well as special rules for the processing, storage, transfer and destruction of Confidential Information, designed to protect Confidential Information being disclosed to third parties without the consent of individuals, unless such disclosure is required by law.Cookies – a small piece of data sent by the web server and stored on the User’s computer, which the web client or web browser sends to the web server each time in an HTTP request when trying to open the page of the corresponding site.
- Contractor – a natural or legal person who carries out work and/or provides services on behalf of Zilver.
- Disclosing Party – a person who discloses to Zilver, in any form and by any means, the Confidential Information of the Person.
- Document – a draft Contract, a draft Declaration, a draft Claim Form, a draft Supplementary Agreement, a draft Annex to the Contract and other documents offered for sale on the Website or in the Social Networks under the terms and conditions set out in the Offer.
- Email – Zilver’s email address, the address of which is given on the Website and in the “Contacts” section of the Agreement.
- Executor – Zilver.
- Legal services – legal services consisting in delivery of the Document to the Client on a paid basis under the conditions specified in the Offer.
- Messenger – any Zilver messenger listed on the Website.
- Payment – payment for Legal Services through the payment services offered on the Website and/or in Social Networks.
- Person – any natural or legal person, in particular, but not exclusively, Users and/or Clients, Employees and Contractors, employees of the Contractor or Partner, whose Confidential Information is provided to Contractor.
- Personal Data – information or a set of information about a natural person, data allowing to identify a person’s personality, in particular, but not exclusively: first name, surname, patronymic, date of birth, passport data, identification number, qualification information, communication of vehicle number, electronic identification data (IP address, telephone, e-mail), data on place of residence, etc.
- Processing of Personal Data – any action or set of actions, such as collection, registration, accumulation, storage, adaptation, modification, updating, use and distribution (dissemination, realization, transmission), depersonalization, destruction of Personal Data, including the use of (automated) information systems.
- Offer – an official offer from the Executor to an uncertain group of persons to conclude an Agreement.
- Social Networks – Zilver accounts, pages, channels on any social networks, platforms, communication services in the following social networks at the following addresses:
  - LinkedIn – https://www.linkedin.com/company/law-firm-zilver/.
  - Facebook – https://www.facebook.com/Zilver.law.firm.
  - Instagram – https://www.instagram.com/zilverlawfirm.

Any other sites, accounts or channels not specified in this clause of the Agreement shall not be considered Social Networks for the purposes of the Agreement as they are not owned and/or controlled by the Executor.

User – a natural person who uses the Website, including, but not limited to, sending messages to Email, Messengers or leaving comments on the Website.
Website – https://zilver .com.ua/.
Website Administration – authorized Employees, Contractors who administer the Website and who have access to emails and comments left by users on the Website, to messengers, phones and other means of communication indicated on the Website for communication with Zilver.
Website Owner – Zilver.
Zilver – “Zilver” Limited Liability Company, a legal entity registered under the legislation of Ukraine, Registration number 38532153.
To avoid misunderstandings, all terms that: 1) used in the Agreement in the singular refer to the plural and vice versa; 2) used in the Agreement in a particular gender refer to any other gender.

SUBJECT
- This Agreement regulates the ordering and provision of Legal Services by the Executor through the Website and/or Social Networks.
- The Executor undertakes to provide the User with Legal Services (Document), and the User undertakes to accept the Legal Services on the conditions specified in the Agreement.
- A detailed description of the Legal Services (Document) is published on the Website on the appropriate page of the Website.
- Each separate Legal Service (Document) in each version or language is a separate subject of the Offer and shall be purchased separately from each other.
- This Offer applies only to the proposed ready-made Legal Services (Documents) published on the Website, any other services are not the subject of the Offer and must be ordered individually. In particular, the Offer does not include such services as: legal consultations, drafting of contracts and additional agreements with individually defined terms and conditions, review and analysis of contracts and additional agreements, drafting or review of complaints with individually defined terms and conditions, conducting negotiations, representing interests before courts and law enforcement authorities, etc.

ACCEPTANCE OF THE OFFER
- By accepting the Offer, the User confirms that he has fully familiarized himself with the terms of the Offer, including, but not limited to, the cost of Legal Services (including Documents) published on the Website.
- Before choosing the Document that the User wishes to purchase, the User must familiarize himself with the Offer, the Agreement, the Privacy and personal data processing policy, the cost of the relevant Legal Services (Document), other proposed conditions, and make sure that he needs to purchase the Legal Service (Document).
- When choosing the Legal Service (Document) and accepting the Offer, the User must specify his e-mail address to receive the Document and tick the appropriate boxes to confirm that he is aware of and agrees with the following:
  - Privacy and personal data processing policy.
  - Other provisions (if any).
  - Language in which the Legal Service (Document) is provided.
  - How to obtain the document: by e-mail or by accessing the corresponding page of the Website.
- After fulfilling the conditions of clause 3.2., clause 3.3. of the Agreement the User shall pay through the payment services offered on the Website.
- The Offer shall be deemed accepted and accepted by the User when the User has made the corresponding Payment.
- By accepting the Offer, the User confirms and guarantees that he:
  - Has complied with the provisions of clause 3.2, clause 3.3. of the Agreement.
  - Is an adult of full legal capacity and/or is authorised to accept the Offer on behalf of and in the interests of a third party.
  - Has chosen the Legal Service (Document) he needed.
  - Has chosen the language of the Legal Service (Document) he needs and knows that the edition of the selected Legal Service (Document) in another language must be purchased separately.
  - Understands that the Document is only a draft, which must then be completed (in terms of details, amounts, terms, etc.).
  - Understands that the Document is universal and may not include specific characteristics of the situation for which the Document will be used, and therefore may require additional clarifications and modification.
  - Legal services (Document) are be purchased “as is”: under the Agreement, the Client has no right to require the Executor to complete or make changes to the Document, and the Executor is not obligated to make any changes to the Document or provide advice on the Document.
  - Any disagreement by the Client with the content or format of the Document shall not entitle the Client to demand the return of any money paid or the performance of any work on the Document by the Executor.
- Acceptance is only valid in relation to a specific Legal Service (Document). In order to purchase another Legal Service (Document), the User must again accept the Offer for such Legal Service (Document).
- By accepting the Offer, the Client automatically agrees to receive SMS with content (in particular, advertising) related to Legal Services.
- Upon acceptance of the Offer by the User, the Agreement is considered concluded in accordance with Art. 642 of the Civil Code of Ukraine.
- Prior to acceptance of the Offer by the User, the Contractor has the right to modify the Agreement and/or withdraw it at his own discretion. In the case of changes to the Agreement by the Contractor, such changes shall enter into force from the moment of posting the amended text of the Agreement on the Website, unless another effective date is specified directly in the Agreement itself.
- In case of complete or partial disagreement with the terms of this Agreement, conclusion of the Agreement (acceptance of the Offer) is not possible.

COST OF SERVICES AND PAYMENT
- The cost of each individual Legal Service (Document) is set out on the relevant page of the Website that relates to such Legal Service (Document).
- The Executor may change the cost of the Legal Service (Document) at its own discretion. The new cost of the Legal Service (Document) is applied after its publication on the Website.
- The cost of the Legal Service (Document) cannot be changed after the Payment has been made.
- The cost of the Legal Service (Document) includes the cost of only one Legal Service (Document).
- Payment is made exclusively through the payment systems offered on the Website or in Social Networks.
- Payment shall be made in the national currency of Ukraine.

PROCEDURE FOR PROVIDING SERVICES
- After making the Payment, the Client receives a Legal Service by:
  - Receipt of the selected Document at the email address provided when completing the Application OR
  - Opening of the full text of the Document on the Website.
- The date of provision of Legal Services is considered to be the date of execution of clause 5.1. of the Agreement.
- The Legal Service (Document) is provided in the language chosen by the Client.
- Based on the results of the provision of Legal Services, the Executor may draw up an act of acceptance of services in two copies and submit (send) it to the Client for signature.
- If the Client has no claims regarding the quality and timeliness of the provision of Legal Services, the Client shall sign the act of acceptance of Legal Services and send one copy to the Executor.
- In case of complaints regarding the quality or timeliness of the provision of Legal Services, the Client shall send a reasoned complaint within 5 (five) calendar days. In order to resolve the issue of the complaint, the Parties may consult third parties who will evaluate the provided Legal Services and determine the validity of the complaint.
- In the event that the Client does not send a complaint within the specified period, the Legal Services shall be deemed to have been provided properly and on time.
- In the event that Legal Services have been provided, but the Executor has not sent the Client an act of acceptance of services, while the Client has not expressed any claims regarding the quality and timeliness of the provision of the provision of Legal Services within 14 (fourteen) calendar days from the date of receipt of Legal Services, Legal Services shall be deemed to have been provided properly and in due time.
- Purchased Legal Services (Documents) are not subject to return to the Executor with the subsequent return of paid money.

RIGHTS AND DUTIES
- Rights of the Executor:
  - Before Payment, make changes to the cost of Legal Services, the content of the Document, delete the Document from the Website and from the subject of the Offer.
  - To obtain from the User the information necessary to provide Legal Services under this Agreement, including the User’s personal data (surname, first name, patronymic, contact number, e-mail address, etc.).
- Duties of the Executor:
  - Organize and ensure the provision of Legal Services in accordance with the terms of the Agreement.
- User rights:
  - Receive Legal Services in accordance with the terms of this Agreement.
  - In case of disagreement with the content, language or other parameters of the provision of Legal Services, not to accept the Offer.
- Responsibilities of the User:
  - Accept the Legal Services in accordance with the terms of this Agreement.
  - Not to engage in any activity that may interfere with the operation of the Website and/or the Social Networks or related servers and networks.

INTELLECTUAL PROPERTY RIGHTS
- Ownership of the Website, Legal Services (Documents) and any other materials posted on the Website and/or in Social Networks and used during the provision of Legal Services belong to the Executor or provided to the Executor by third parties.
- The Executor may use objects of intellectual property rights belonging to third parties on the basis of an appropriate license, contract or other legal basis.
- The Executor grants the Client a free, limited, non-exclusive, irrevocable and non- sublicensable license to access and use the Document that is the subject of the accepted Offer.
- Personal non-property intellectual property rights to Legal Services (Documents) belong to the Executor and are protected in accordance with the legislation of Ukraine.

RESPONSIBILITIES OF THE PARTIES
- For non-fulfilment or improper fulfilment of obligations under this Agreement the Parties shall be liable in accordance with the applicable legislation of Ukraine.
- The Client is responsible for the authenticity and accuracy of the registration data provided by the Client during the registration process on the web site and/or during the process of ordering the Legal Service (Document).
- In the event that the Client transfers/provides access to the Executor to the personal data of a third party without the consent of such a person, the Client shall be obliged to compensate the Executor for all losses that the Contractor may incur in connection with such transfer.
- The Executor is not responsible for the effectiveness of the use of purchased Legal Services (Documents) by the Client or third parties.
- The Executor shall not be liable for any indirect, incidental, consequential, actual, direct or indirect damages, direct or indirect loss of profit or income, loss of data, operating qualities, goodwill or other intangible values related to the purchased Legal services (Documents).
- The Executor is not responsible for the impossibility of providing Legal Services (Documents) for reasons beyond his control, in particular: disruption of the communication line; malfunction of equipment and software that does not belong to the Executor; for full or partial interruptions in the provision of Legal Services (Documents), related to the replacement of equipment, software or other work, caused by the need to maintain operational efficiency and develop technical means; violation of the security of equipment and software used by the Client to obtain Legal Services (Documents); loss of confidential information or part thereof, if the Executor is not at fault; any losses incurred by third parties without the Executor’s fault.
- In case of violation by the User and/or the Client of the Executor’s intellectual property rights, in particular, the Executor shall be entitled to unilaterally terminate this Agreement, block the User’s access to Legal Services (Documents) and/or the Website, and/or Social Networks, levy a fine in in the amount of 300,000 (three hundred thousand) UAH 00 kopecks and to receive from the User and/or the Client compensation for losses incurred in connection with such violation.
- The User acknowledges that its disagreement with the text and form of the Document does not constitute a reason for recognizing the Legal Services (Documents) as improperly provided.
- If the User violates the terms of the Agreement, the User shall compensate the Executor for the damage caused by such violation.

APPLICABLE LAW. DISPUTE SETTLEMENT PROCEDURE
- The Agreement is governed by the legislation of Ukraine.
- All disputes arising out of or in connection with the Agreement shall be settled by negotiations between the Parties. If the dispute cannot be settled by negotiation, it shall be settled by court in accordance with the legislation in force in Ukraine.

FORCE MAJEURE
- The Parties are not responsible for the non-fulfilment (or improper fulfilment) of their obligations established by this Agreement, if such non-fulfilment has occurred as a result of force majeure (Acts of God).
- Circumstances of force majeure for the purposes of this Agreement are floods, epidemics, pestilence, earthquakes and other natural and artificial (man-made) disasters and natural catastrophes, riots, embargoes, wars or military actions of any kind, occupation, mobilisation, violation of public order, strikes, governmental actions, virus attacks on software or any other circumstances beyond the control and will of the parties occurring after the conclusion of the agreement and in connection with the occurrence of which the party is unable to properly fulfil its obligations under this agreement.
- The Party affected by the circumstances of force majeure is obliged to notify the other party of the occurrence, nature and possible duration of the circumstances of force majeure as soon as circumstances permit, but no later than 5 (five) calendar days from the moment of their occurrence. Failure to comply with this obligation shall deprive the Party concerned of the right to invoke the said circumstances of force majeure as a reason for failure to comply with its obligations under this Agreement.
- In the event of force majeure, the Parties must meet as soon as possible to resolve the issue in order to reduce the impact of these circumstances on the relationship between them.
- The duration of the force majeure shall extend the fulfilment of the Parties’ obligations under this Agreement for the corresponding period of time. If the circumstances of force majeure continue for more than 3 (three) consecutive months, each Party has the right to terminate this contract by sending a written notice to the other Party not later than 10 (ten) calendar days before the date of termination of this Agreement.
- The existence of force majeure circumstances and their nature shall be confirmed by the relevant Party by means of a written confirmation issued by the Chamber of Commerce and Industry of Ukraine.

CONTRACT TERM. GROUNDS FOR TERMINATION OF THE AGREEMENT
- The Agreement is valid for 14 (fourteen) days from the date of payment.
- The Agreement may only be terminated by mutual consent of the Parties.

PERSONAL DATA PROCESSING
- By accepting the Offer, the Client gives his consent to the Executor to process his personal data in accordance with the Law of Ukraine “On the Protection of Personal Data” and the Privacy and personal data processing policy, namely: surname, first name, patronymic (if available), contact number, e-mail address and other personal data that may be recognized as such and necessary for the provision of Legal Services.
- If the User acts on behalf of/in the interests of a third party, the User remains responsible and guarantees that the relevant personal data of the third party (Client) became available to him legally and that granting the Executor access to the personal data of the third party is carried out with the consent of this third party.
- By accepting the Offer, the Client consents to the Executor for the transfer of his personal data to Employees and Contractors (incl. its employees).

TERMS
- The Executor may unilaterally amend the terms of the Offer.
- The concluded Agreement cannot be unilaterally modified.
- The new version of the Agreement enters into force on the day of its publication on the Website and/or in Social Networks.
- In case of contradiction between the provisions of the Agreement published on the Website and in the Social Networks, the provisions of the text of the Agreement published on the Website shall prevail.

DETAILS OF THE PERFORMER
- Means of communication with the Executor:
  - Email: info@zilver.com.ua.
  - Phone/Viber/WhatsApp/Telegram: +380501409560.
  - Other data specified on the Website.

Date of approval: January 4, 2024.