Contract

 

THIS IS NOT A LEGAL AGREEMENT. IT IS A CLOSELY TRANSLATED VERSION OF “ПУБЛІЧНА ОФЕРТА ПРО УКЛАДАННЯ ДОГОВОРУ ПРО НАДАННЯ ВІЗОВОЇ ПІДТРИМКИ” FOR THE BENEFIT OF ENGLISH READERS WHO DO NOT READ UKRANIAN OR RUSSIAN.

PUBLIC PROTECTION OFFER FOR VISA SUPPORT AGREEMENT

                                                                                                                                                        

An individual entrepreneur, Popovich Yevhen Oleksandrovich (hereinafter - "the Contractor"), is registered and acts in accordance with the legislation of Ukraine, guided by Art. 633, 641 of the Civil Code of Ukraine, offers to an unlimited number of individuals this Service Agreement (hereinafter referred to as the "Contract") under the following conditions:

TERMS AND GENERAL PROVISIONS

Contractor – person executing consulting services as agreed to in this Contract.

User - an individual who has reached the age of 18 years and has made the Acceptance of the Public offer of the Contractor specified in this Contract, and paid the cost of the Services, hereinafter, the Customer.

The Parties - the Contractor and the Customer.

Consulting services - work performed by the Contractor for the Customer such that the Customer can apply for a visa to a foreign country.  These services are offered on the terms and conditions specified in this Contract, which are an integral part of this Contract.

Public offer of the Contractor (set forth on the Website of the Contractor), addressed to an unlimited number of individuals, in accordance with the legislation of Ukraine, to conclude this Contract under certain conditions.

The Contractor's Website is a website on the Internet via https://avisa.com.ua, which is the official source of information about the Contractor and the services provided by them.

 

1. SUBJECT OF THE CONTRACT

1.1. Under this Contract, the Contractor undertakes, on behalf of, and at the expense of the Customer, services which support the process of applying for a visa  in accordance with  the procedure and on the terms specified in this Contract for a visa to the United States, Canada or the United Kingdom.

1.2. The Customer shall pay the Contractor the cost of the services the Customer needs, according to the terms provided by the Contract.

1.3. All payments under this Contract are made exclusively in national currency (hryvnias) at the commercial bank rate on the day of the signing of the Contract.

2. CONTRACTOR OBLIGATIONS

2.1. At the time of signing the Contract,  acquaint the Customer with information about the nature of the services (about the rules and time limits set by the Embassy for the receipt and issuance of documents, the timing of receipt of documents in the Embassy, ​​possible reasons for refusal to issue a visa, etc.).

2.2. Ensure visa support as defined in the Contract, namely:

• fill out a visa application, set the date for filing documents, and (if agreed to in the Contract) book airline tickets and hotel for the Customer.
• translate the Customer's documents into English, if agreed to in the Contract.
• At the expense of the Customer, to pay a consular fee.

2.3. To notify the Customer about fulfillment of this Contract.

 

3. DUTIES OF THE CUSTOMER

3.1. By the terms provided for by the Contract, make of payment, which is 100% of the total amount of the cost of the service.

3.2. To provide the Contractor all documents requested for the proper performance of the Contract.  This documentation shall be provided by the Customer and received by the Contractor on or before the dates stipulated by the Contractor. 

3.3. Before submitting the documents to the Embassy or other relevant institution (organization), pay any outstanding amount under this Contract.

 

4. CONDITIONS AND TERMS OF EXECUTION

4.1. In case of changing the conditions of the implementation of this Contract (change of dates, terms, number of visas, etc.) on the initiative of the Customer, the present Contract shall cease to be valid. In this case, it will be necessary to sign a new Contract between the Contractor and the Customer.

4.2. In case of violation of Clause 3.2., the Contract is considered terminated by the Customer. Any payment made to the Contractor or to any Embassy will not be returned.

 

5. RESPONSIBILITY OF THE PARTIES

5.1. The Customer is responsible for full payment within the prescribed time limits and in accordance with the terms of this Contract.

5.2. The Contractor shall not be liable to the Customer in the event of:

• non- performance by the Customer of the provisions of clauses 3.1, 3.2, 3.3 of this Contract;
• the emergence of problems, complexities and negative consequences that arise as a result of the loss of a passport by the Customer;
• any misunderstanding of the provision of visa support as a result of expectations of the Customer. The Customer agrees to what is written in the Contract and nothing more regardless of the Customer’s expectations or intentions.
• occurrence of the consequences of false declarations or documentation for the issuance of visas / visas, documents of the Client (passport, certificate, power of attorney, expired visas, deportations, etc.) In this case, the Contractor has the right, unilaterally, to terminate the Contract and to not return the Customer's deposit.
• failure to execute the order on the terms of the Contract, due to any third party, including any Embassy or Consulate.

5.3. In the case where an Embassy or Consulate refuses a visa to the Customer and in accordance with Clause 1.2 of the Contract, the funds are not returned to the Customer.

5.4. The Contractor has the right to unilaterally terminate the Contract until the documents are submitted to the AVISA, or the Embassy in case of non-fulfillment by the Customer of paragraphs 3.1., 3.2. of the Contract. The Contractor must notify the Customer in writing, or in oral form of the termination within 10 days.

5.5 In the occurrence of events in paragraph 5.3 or paragraph 5.4, the Contractor shall return all original documents to the Customer.

5.6. If the Customer, unilaterally, refuses to receive the services of the Contractor, any money paid shall not be returned to the Customer.

 

6. PROCEDURE AND CONDITIONS FOR PERSONAL DATA PROCESSING

6.1. The Parties assert that the personal data of individuals who will become or may become known to the Parties in connection with the conclusion and implementation of this Contract will be protected in accordance with the Law of Ukraine "On Protection of Personal Data".

6.2. The Customer, placing his signature under the text of the Contract, renders to the Contractor this Contract its voluntary consent to:

• any method of processing any personal data provided to maintain contact between the Parties regarding the fulfillment of the commercial terms of this Contract, ensuring the implementation of the economic and legal relations of the Parties to this Treaty, tax relations and relations in the field of accounting;
• the inclusion of their personal data in the databases owned by the Parties to this Contract. Each of the signatories to this Contract, by affixing its signature under its text, confirms that each of the Parties to this Contract has informed the other Party of possession of personal data, the composition and content of the collected personal data, rights in accordance with the Law of Ukraine "On the Protection of Personal Data", the purpose of collecting personal data and persons to whom personal data are transferred.

 

7. FORCE MAJEURE

7.1. Parties are released from responsibility for non-fulfillment of obligations, if this non-fulfillment is caused by circumstances that are not the result of the actions  or the will of the Parties, namely: military actions, natural disasters, man-made and other accidents, strikes, lockouts, acts of authorities or management, etc. ., which makes it impossible to fulfill the conditions of this Contract (hereinafter Force Majeure).

7.2., The Party to which Force Majeure is applied is released from liability for violation of the terms of the Contract, in the presence of written confirmation (conclusion, certificate) of the Ukrainian Chamber of Commerce and Industry on the onset of force majeure.

7.3. The party to which Force Majeure applies, is required to notify the other Party, in writing, within 2 days of the start of Force Majeure and provide confirmatory Force Majeure documents.

7.4. From the moment such notice is received by the other party, fulfillment of the terms of this Contract shall be terminated for the whole period of force majeure.

7.5. In case of force majeure for more than 3 months, either party has the right to initiate termination of the Contract.

 

8. TERM OF ACTION

8.1. The actual Public offer becomes effective from the moment it is posted on the Contractor's Site and valid until it is removed from the Contractor's website.

8.2. The Contractor has the right at any time to make changes to the terms of the Contract and / or withdraw the Offer at any time at his own discretion. In the event of changes by the Contractor to the Offer, such changes shall come into force from the moment the changed text is posted on the Performer's website, unless another term of entry into force is specified directly in the text.

 

9. FINAL PROVISIONS

9.1. All serious differences between the parties, which cannot be resolved by negotiation between the Parties, or in cases not provided for by this Contract, shall be resolved in accordance with the current legislation of Ukraine.

9.2. The terms of this Contract may be amended by mutual consent of the Parties, with the obligatory drawing up of a written document.

9.3. The Contract only becomes effective upon signing by both Parties and becomes effective at the moment of signing.  The contract is valid only if written in the Ukrainian language.

10. DETAILS

Contractor

Individual entrepreneur

Popovich Eyvhen Olexandrovych

Contact phone: +38 (097) 577-27-27