Individual Entrepreneur (FOP) Biryuchkova Oleksandra Hennadiyivna, EDRPOU code 3428804969, hereby publishes this Service Agreement, which, in accordance with and within the meaning of Art. 633 of the Civil Code of Ukraine, is a public contract, and in accordance with and within the meaning of Art. 641 of the Civil Code of Ukraine – a public offer (proposal) addressed to individuals, the unconditional acceptance of the terms of which is considered an acceptance of this offer, on the following terms.
1. Concepts and Terms
Public Agreement – this transaction for the provision and receipt of services, which establishes identical conditions for all Customers for the provision of these services under the terms of a public offer from the moment of its acceptance by the Customer (hereinafter – the Agreement).
Public Offer – the Contractor’s proposal addressed to any individual in accordance with Article 641 of the Civil Code of Ukraine, to conclude a contract with them as contained in the public offer (hereinafter – the Offer).
Acceptance – the provision by the Customer of a full and unconditional response to the Contractor regarding their proposal to conclude the Agreement under the conditions determined by the public offer, by paying for the ordered Services, which signifies their acceptance of the public offer.
Contractor — the company “GetVisa”, represented by FOP Biryuchkova Oleksandra Hennadiyivna, EDRPOU code 3428804969. E-mail: getvisausa@gmail.com.
Customer — a capable individual who has reached the age of eighteen, receiving Services under the terms of this public offer.
Service — the activities of the Contractor carried out upon the Customer’s requests, including, but not limited to, organizational, technical, analytical, and information-consultancy services regarding the processing of visa documents required for traveling abroad for employment, permanent residence, or other purposes. Information regarding Services is placed in the relevant sections on the Website page indicating the name, cost, and description of the Service.
Request – the Customer’s order for Services addressed to the Contractor, which is formulated and provided to the Contractor via the software tools of the Website or by other means.
2. Acceptance of the Agreement
2.1. The information below is an official proposal (offer) to any individual to conclude a visa support services agreement. This agreement is public, meaning that according to Article 633 of the Civil Code of Ukraine, its terms are identical for all Customers.
2.2. In accordance with Art. 642 of the Civil Code of Ukraine, the full and unconditional acceptance of the terms of this proposal (offer), confirming the conclusion of the Agreement on the proposed terms, is the fact of payment by the Customer for the cost of the Services ordered on the Website.
2.3. By concluding the Agreement, the Customer confirms the following provisions:
a) The Customer is fully and completely familiar with and agrees to the terms of this proposal (offer);
b) The Customer gives permission for the processing of their personal data by the Contractor for the purpose of fulfilling the terms of the Agreement, ordering Services, conducting settlements, as well as for receiving invoices, acts, and other documents.
2.4. The Agreement is considered concluded without its subsequent signing from the moment the Contractor receives the Customer’s payment for the ordered Services or the performance of other actions provided for by the Agreement that indicate consent to abide by the terms of the Agreement, without the signing of a written copy by the Parties.
3. Subject of the Agreement
3.1. The Contractor undertakes, under the conditions and in the manner determined by this Offer to conclude a Visa Support Services Agreement, to provide the Services ordered by the Customer, and the Customer undertakes to accept the Services and pay for them.
3.2. The content of the Visa Support Services is determined in official correspondence, communication with the leading manager of the company, or discussed individually for each Service, and includes, but is not limited to:
providing information regarding the list of documents required to obtain a visa for a foreign state and for traveling abroad;
forming a package of documents required for traveling abroad, checking documents for their compliance with regulatory requirements;
providing assistance in filling out questionnaires and application forms;
organizing the submission of documents to consular offices and other authorized bodies;
assisting in obtaining insurance and travel documents;
providing information and consulting services on issues related to traveling abroad.
3.3. The Customer confirms that they possess the necessary legal capacity, as well as all rights and powers necessary and sufficient for concluding and performing this Agreement in accordance with its terms.
4. Terms of Service Provision
4.1. The Customer independently selects the service on the company’s website (getvisa.org.ua) and/or on the company’s Instagram, by making a phone call to the company manager, or through correspondence with the company manager using electronic/internet communication tools or social networks, namely: e-mail, viber, telegram, whatsapp, Instagram.
4.2. To receive the Service, the Customer must provide the following data:
Name
Phone number
Other data necessary to fill out the request
4.3. After submitting the Request, the company manager provides information to the Customer regarding the terms and procedure for providing the ordered Services via the methods specified in clause 4.1.
4.4. Provision of Services by the Contractor is carried out under the following conditions:
4.4.1. Payment by the Customer for the provision of the Service in accordance with its cost, and payment by the Customer of other mandatory fees.
4.4.2. Provision by the Customer to the Contractor of the original documents necessary to obtain the corresponding Service, including documents confirming their identity, ……………….. and the opportunity to make copies of them.
4.4.3. Provision by the Customer of information necessary to receive the ordered Service.
5. Rights and Obligations of the Contractor
5.1. The Contractor is obliged to:
5.1.1. Ensure the provision of Services in accordance with the subject of the Agreement and the Customer’s request.
5.1.2. At the Customer’s request, provide information on the progress of the Agreement’s fulfillment.
5.1.3. Be responsible for the safekeeping of documents transferred by the Customer for the provision of Services.
5.1.4. Prevent disclosure of confidential/private information and personal data of the Customer that became known to the Contractor during the execution of the Agreement, except in cases provided for by law and the Agreement.
5.1.5. Provide Services to the Customer in the manner and within the timeframes provided for by the Agreement.
5.2. The Contractor has the right to:
5.2.1. Process the Customer’s personal data during the conclusion and execution of the Agreement, in the manner determined by the Law of Ukraine “On Protection of Personal Data”.
5.2.2. Involve third parties in the performance of legal and other actions related to the provision of Services to the Customer and receipt of payments under the Agreement, without coordinating such actions with the Customer.
5.2.3. Withdraw from the Agreement without incurring liability for non-performance/improper performance of the Agreement if, by decision of consular offices or other authorized bodies, the Customer is denied the possibility of processing and issuing documents for reasons provided for by law, as well as in case of detection of discrepancies (inconsistencies, false data) in the information and/or documents provided by the Applicant. In such case, the funds paid by the Customer as payment for the ordered Services are not refundable.
6. Rights and Obligations of the Customer
6.1. The Customer is obliged to:
6.1.1. Provide the Contractor with full and reliable information and properly executed documents necessary for the fulfillment of obligations under the Agreement, according to the list specified by the Contractor.
6.1.3. The Customer gives consent to receive SMS notifications and information messages from the Contractor.
6.1.4. Provide the Contractor with reliable information about themselves.
6.1.5 Verify the correctness of the spelling of their personal data.
6.1.6 The Customer pays for the Contractor’s work in the manner established by the parties and recorded in oral or written form and by agreement of both parties.
6.1.7 In case of visa refusal to the Customer, and provided that the Customer has fulfilled all points of the recommendations, the Contractor undertakes to perform a resubmission of documents at their own expense. The consular fee is paid by the Customer separately.
6.1.8. The Customer has the right to receive the Contractor’s Services in the manner and within the timeframes provided for by this Agreement.
7. Settlement Procedure:
7.1. The cost of Services is determined by the Contractor and indicated in the manner established in clause 4.1 of the Agreement.
7.2. Provision of Services is carried out upon advance payment by the Customer.
7.3. The cost of Services does not include expenses related to the payment of postal services, visa center services, consular fees, or other official payments.
7.4. The Order is considered paid from the moment the payment is received at the current account of the Contractor or their representative. The fact of payment for the Order confirms the Customer’s agreement with the terms of this Offer to conclude the contract.
8. Liability of the Parties
8.1. The Contractor is not liable to the Customer for delays in providing the Service if such delays are beyond the Contractor’s control.
8.2. The Contractor is not liable for the accuracy of the information provided by the Customer when ordering Services.
8.3. The Contractor is not liable if, by decision of consular offices or other authorized bodies, the Customer is denied the possibility of processing and issuing documents ordered in accordance with the subject of the Agreement for reasons provided for by law, including, but not limited to, due to the unreliability of the data provided by the Customer or the detection of discrepancies in them.
8.4. The Contractor is not liable to the Customer for non-performance or improper performance of obligations under the Agreement due to force majeure circumstances, such as: fires, natural disasters, military actions, civil unrest, epidemics, blockades, strikes, earthquakes, floods, as well as due to decisions or orders of state authorities and administration, local self-government, as a result of which additional duties will be imposed on the parties or additional restrictions will be established that make further full or partial performance of the contract impossible, as well as other actions or events existing beyond the will of the Parties, including improper performance or delay in performance of duties by authorities and their structural units, as well as enterprises regardless of the form of ownership, with whose activities the fulfillment of obligations and provision of services by the Contractor is connected.
8.5. The Customer is responsible for the authenticity of the documents provided by them and the accuracy of the information provided to the Contractor.
8.6 In case of unilateral withdrawal by the Customer from the fulfillment of the Agreement or agreement on cooperation, the cost of services is not subject to refund.
8.7 By paying for the Contractor’s services, the Customer confirms their consent to start the work. If the Customer decides on their own initiative to suspend or refuse further performance of work, the paid funds are not refundable.
8.8 Documents processed for the Customer and not claimed by them shall be kept by the Contractor for 3 months from the moment of concluding the Agreement. After the specified period, the Contractor is not responsible for the safekeeping of the Customer’s documents.
9. Liability of the Parties and Dispute Resolution
9.1. The Contractor guarantees the compliance of the prepared package of documents with the requirements of the consulate.
9.2 The Contractor is responsible for the integrity and safekeeping of the documents transferred to them.
9.3 The Contractor gives a guarantee for their services; however, the final decision rests with the consul.
9.4 The Contractor is not liable to the Customer for actions beyond their competence, namely for the timeframes for considering a visa/permit application, delay in issuing the passport and documents of the Customer by the consulate/embassy, for the duration of the visa, the content of the issued visa, refusal of the consulate/embassy to issue a visa/permit, lack of technical capacity of the consulate/embassy/visa center to take fingerprints, for the actions of consular services and migration authorities. In the cases listed, all possible costs (including, but not limited to, consular and (or) service fees, cost of services in accordance with this Agreement) shall be borne by the Customer.
9.4. All disputes arising between the Customer and the Contractor shall be resolved through negotiations. In case of failure to reach a settlement on the disputed issue, the Customer or the Contractor may apply for dispute resolution to judicial authorities in accordance with current legislation.
10. Confidentiality and Protection of Personal Data
10.1. When submitting a request, the Customer leaves personal and contact data specified in clause 4.2. of this Agreement, but not limited to them.
10.2. By providing their personal data when ordering Services, the Customer gives consent to the processing and use (including transfer) of their personal data.
10.3. Consent to the processing of personal data is valid for the entire term of the Agreement, as well as for an unlimited period after its termination. Furthermore, by concluding the Agreement, the Customer confirms that they are informed about the rights established by the Law of Ukraine “On Protection of Personal Data”, the purposes of data collection, and that their personal data is transferred to the Contractor for the purpose of fulfilling the terms of the Agreement, ordering Services, conducting mutual settlements, as well as for receiving invoices, acts, and other documents. The scope of the Customer’s rights as a subject of personal data according to the Law of Ukraine “On Protection of Personal Data” is known and understood by them.
10.4. The Contractor uses the received personal data exclusively for the provision of services provided for by the terms of the Agreement, for promoting services provided by the Contractor, including through the automated processing of personal data.
10.5. The Contractor undertakes not to disclose the information received from the Customer. The provision of such information to agents and third parties acting on the basis of a contract with the Contractor, including for the fulfillment of obligations to the Customer, as well as in cases where disclosure of such information is established by the requirements of legislation, shall not be considered a violation.
11. Other Conditions
11.1. The visa support services agreement concluded under this Public Offer is considered concluded on the territory of Ukraine and acting within the framework of the legislation of Ukraine.
11.2. The visa support services agreement concluded under this Public Offer comes into force from the moment of full payment for the Services.
11.3. The invalidity of any clause or part of the agreement concluded according to this proposal does not lead to the invalidity of the agreement as a whole.
Individual entrepreneur Biryuchkova Oleksandra Gennadiyevna TIN: 3428804969 Location: Ukraine, Kyiv Email: getvisausa2016@gmail.com Website: https://getvisa.agency
