PUBLIC CONTRACT (OFFER)
Introduction
This document is a legally binding Public Contract (hereinafter referred to as "the Contract") put forth by Work in Dubai LLC, a company limited by liability, with the identification code (EDRPOU) 41902000, hereinafter referred to as "the Executor". This Contract is published in adherence to, and in the understanding of, Article 633 of the Civil Code of Ukraine, hereby constituting a public contract. Furthermore, in accordance with Article 641 of the Civil Code of Ukraine, this document also serves as a public offer (proposal) addressed to natural persons. The unconditional acceptance of the terms outlined herein by such individuals is considered as acceptance of this offer under the following conditions.
Definitions and Terms
• Public Contract: This legal transaction concerning the provision and receipt of services establishes uniform conditions for all Clients regarding the services offered upon the Client's acceptance of this offer (hereinafter referred to as "the Contract").
• Public Offer: A proposal by the Executor, directed to any natural person in accordance with Article 641 of the Civil Code of Ukraine, to enter into a contract contained within this public offer (hereinafter referred to as "the Offer").
• Acceptance: The Client’s provision of a full and unconditional response to the Executor's proposal to enter into the Contract under the conditions defined by the public offer, demonstrated through the payment for the ordered Services, thereby indicating their acceptance of this public offer.
• Executor: Work in Dubai LLC, a legal entity registered at Ukraine, Kyiv, Knyazhiy Zaton 9A, operating under the identification code (EDRPOU) 41902000, represented by Yurii Kyselov CEO, acting on behalf of the statutes, managing the website located at https://workindubai.com.ua.
• Client: A capable individual who has reached the age of majority, receiving Services under the terms of this public offer.
• Service: Activities conducted by the Executor based on the Client's requests, including, but not limited to, organizational, technical, analytical, and informational-consultative services concerning the processing of visa documents necessary for employment abroad, permanent residency, or other purposes. Details regarding the Services are provided on specific sections of the website, including the name, cost, and description of the Service.
• Application: A request from the Client for Services, addressed to the Executor, formatted and submitted through the website's software tools or by other means.
Acceptance of the Contract
1. The information provided below constitutes an official proposal (offer) to any natural person to conclude a service provision contract for visa support. This contract is public, meaning its terms are uniform for all Clients as per Article 633 of the Civil Code of Ukraine.
2. In accordance with Article 642 of the Civil Code of Ukraine, the complete and unconditional acceptance of this proposal (offer), confirming the conclusion of the Contract on the offered terms, is evidenced by the Client's payment for the Services ordered on the Site.
Objective of the Contract
The Executor agrees to provide the ordered Services under the terms and procedures defined in this Offer for the conclusion of the service provision contract, and the Client agrees to accept the Services and pay for their cost.
Service Provision Terms
1. Ordering Services: The Client shall independently place orders for Services on the Site by selecting the desired Service and clicking the “Submit Application” button.
2. Client Information Requirements: To order Services, the Client must provide the following information:
• Full Name
• Phone Number
• Email Address (optional, if communication via email is required)
3. Service Confirmation Process: Upon submission of the Application on the Site, a representative of the Executor will contact the Client via phone or email to provide detailed information regarding the terms and procedure for the provision of the ordered Services.
4. Conditions for Service Provision: The Executor will provide Services under the following conditions:
• Payment: The Client is required to pay the Service fee as specified on the Site, in addition to any other mandatory payments. The payment is to be made to the Executor’s designated bank account, details of which are provided on the Site.
• Documentation: The Client must provide the Executor with original documents necessary for the provision of the selected Service, including identification documents and any other documents as specified by the Executor. The Client grants the Executor the right to make copies of these documents as needed.
• Information Provision: The Client must provide all necessary information required for the Executor to deliver the ordered Service efficiently.
5. Execution Timeframe: The Executor commits to providing the Services within the timeframes specified on the Site for each Service. These timeframes are indicative and subject to change based on the complexity of the service request, document processing times, and other factors that may influence the delivery of the service.
6. Changes to Services: The Executor reserves the right to modify the types of Services offered, their descriptions, and their prices at any time. Such changes will be effective immediately upon their publication on the Site. The Client's continued use of the Executor’s Services after any such changes shall constitute their acceptance of the new terms.
7. Cancellation and Refunds: The Client may cancel the Service order under conditions specified on the Site. The Executor’s policy on refunds, including conditions under which refunds are possible, and the procedure for claiming a refund, will be clearly outlined in the relevant sections of the Site.
Rights and Obligations of the Executor and the Client
Rights of the Executor:
1. Service Provision: The Executor has the right to provide services as per the terms agreed upon in this contract and as detailed on the Site.
2. Payment: The Executor has the right to receive timely payment for the services provided to the Client, in accordance with the prices and payment procedures specified on the Site.
3. Documentation and Information: The Executor has the right to request from the Client any documents and information necessary for the provision of the services.
4. Modification of Services: The Executor reserves the right to modify, suspend, or discontinue any aspect of the services offered, including prices and service descriptions, upon providing reasonable notice to the Clients.
5. Refusal of Service: The Executor may refuse service to any Client who fails to comply with the terms and conditions of this contract, including failure to make timely payments or provide necessary documentation and information.
Obligations of the Executor:
1. Quality of Service: The Executor is obligated to provide services to the Client with reasonable care and skill, in accordance with professional standards.
2. Confidentiality: The Executor must protect any personal and confidential information provided by the Client, using it solely for the purpose of service provision and not disclosing it to third parties without the Client's consent, except as required by law.
3. Notification: The Executor must promptly inform the Client of any changes to the services, including changes in prices, service procedures, or terms and conditions.
4. Resolution of Complaints: The Executor should address and resolve any complaints or issues the Client may have regarding the services in a timely and fair manner.
Rights of the Client:
1. Access to Services: The Client has the right to access the services offered by the Executor, subject to the terms and conditions of this contract.
2. Information: The Client has the right to receive clear and accurate information about the services, including prices, procedures, and any changes to the services.
3. Privacy: The Client has the right to have their personal and confidential information protected by the Executor.
4. Complaint Resolution: The Client has the right to lodge complaints regarding the services and to have those complaints addressed and resolved by the Executor.
Obligations of the Client:
1. Payment: The Client is obligated to make timely payment for the services rendered by the Executor, in accordance with the specified prices and payment procedures.
2. Provision of Information and Documents: The Client must provide all necessary information and documents required by the Executor for the provision of services, ensuring that the information and documents are accurate and complete.
3. Compliance: The Client must comply with the terms and conditions of this contract and any instructions or requirements communicated by the Executor in relation to the services.
4. Notification: The Client should notify the Executor of any changes in their information or circumstances that may affect the provision of services.
Confidentiality and Personal Data Protection
1. Confidentiality Commitment: The Executor is committed to maintaining the confidentiality of all personal and sensitive information provided by the Client during the course of service provision. Such information shall be used solely for the purpose of fulfilling the service requirements and not disclosed to any third party without the explicit consent of the Client, except as required by law or in response to lawful requests by public authorities.
2. Personal Data Protection: The Executor shall adhere to applicable data protection laws and regulations governing the collection, processing, and storage of personal data. The Executor ensures that appropriate technical and organizational measures are in place to protect the personal data against unauthorized or unlawful processing, accidental loss, destruction, or damage.
3. Purpose of Data Collection: Personal data collected from the Client will be used exclusively for the purpose of providing the contracted services, including but not limited to, processing applications, facilitating service delivery, billing, and communication related to the services.
4. Client Rights: The Client has the right to access their personal data held by the Executor, request correction or deletion of their personal data, and object to or restrict the processing of their data, subject to any legal obligations that may require the Executor to retain certain information. The Client also has the right to be informed about any data breach that significantly affects their personal data.
5. Data Retention: The Executor will retain the Client’s personal data only for as long as necessary to fulfill the purposes for which it was collected, including for the purposes of satisfying any legal, accounting, or reporting requirements. Upon expiry of the applicable retention period, personal data shall be securely deleted or anonymized.
6. Consent: By accepting this contract, the Client consents to the collection, processing, and use of their personal data as described herein. The Client acknowledges that such consent is a prerequisite for the provision of services by the Executor.
7. Changes to Privacy Practices: The Executor reserves the right to update or modify this confidentiality and personal data protection policy at any time. Such changes will be effective immediately upon posting on the Executor's website. The Client will be notified of any significant changes to the policy.
Dispute Resolution and Governing Law
1. Amicable Resolution: Both the Executor and the Client agree to make every reasonable effort to resolve any disputes, disagreements, or claims arising out of or in relation to this contract through amicable negotiations. Such efforts reflect a mutual commitment to maintain a positive working relationship.
2. Mediation: If a dispute cannot be resolved through direct negotiations within a reasonable timeframe, the parties agree to engage in mediation with the assistance of a neutral third party mediator. The goal of mediation will be to facilitate a resolution that is acceptable to both parties. Costs associated with mediation will be shared equally between the Executor and the Client, unless agreed otherwise.
3. Arbitration: In the event that mediation fails to resolve the dispute, the parties may agree to submit the dispute to binding arbitration. The arbitration will be conducted in accordance with the rules and procedures of a recognized arbitration body, as mutually agreed upon by the parties. The decision rendered by the arbitrator shall be final and binding on both parties.
4. Governing Law: This contract and any disputes arising from it will be governed by and construed in accordance with the laws of [Jurisdiction/Country], without giving effect to any choice or conflict of law provisions.
5. Jurisdiction: Any legal suit, action, or proceeding arising out of, or related to, this contract shall be instituted exclusively in the courts of [Jurisdiction/Country]. Both parties irrevocably consent and submit to the jurisdiction of such courts and waive any objection based on improper venue or forum non conveniens.
6. Legal Fees: In the event of litigation, arbitration, or any form of dispute resolution under this contract, the prevailing party shall be entitled to recover from the other party its reasonable attorney's fees, court costs, and other expenses, in addition to any other relief to which the prevailing party may be entitled.
Modification and Termination of the Contract
1. Modification of the Contract:
• The Executor reserves the right to modify the terms and conditions of this contract, including services and prices, at any time. Such modifications will be effective immediately upon their posting on the Executor's website or upon direct communication to the Client, whichever is applicable.
• The Client will be notified of significant changes to the contract terms through email or another direct form of communication. Continued use of the Executor's services by the Client after such modifications will constitute the Client's acceptance of the new terms.
2. Termination by the Client:
• The Client may terminate this contract at any time by providing written notice to the Executor if the Executor breaches any terms of this contract and fails to correct the breach within a reasonable period after receiving written notice from the Client detailing the breach.
• Upon termination, the Client may be entitled to a refund of any pre-paid fees for services not rendered, subject to the refund policy outlined in the "Cancellation and Refunds" section of this contract.
3. Termination by the Executor:
• The Executor may terminate this contract at any time by providing written notice to the Client if the Client fails to comply with the terms of this contract, including failure to make timely payments or providing false or misleading information.
• In such cases, the Executor reserves the right to retain any fees paid by the Client as compensation for breach of contract and administrative costs incurred.
4. Effects of Termination:
• Upon termination of this contract, all rights and obligations of the parties cease, except for those rights and obligations that, by their nature, should survive termination (such as confidentiality, dispute resolution, and any accrued liabilities).
5. Survival:
• Provisions of this contract that, by their nature, should survive termination will remain in effect after termination or expiration of this contract, including sections relating to confidentiality, dispute resolution, and any accrued rights and obligations.
Modification and Termination of the Contract
1. Modification of Terms:
• The Executor reserves the right to modify the terms and conditions of this contract, including service provisions, prices, and policies, at any time. Such modifications will be effective immediately upon their posting on the Executor's website or upon direct communication to the Client, whichever method ensures the Client is informed in a timely manner.
• The Client will be deemed to have accepted any modifications to the contract if they continue to use the Executor's services following the notification of changes. If the Client does not agree to the modified terms, they have the right to terminate the contract with immediate effect upon written notice to the Executor.
2. Termination by the Client:
• The Client may terminate this contract at any time by providing written notice to the Executor if they choose not to accept any new terms introduced by the Executor or for any other reason. Depending on the terms of service provision agreed upon, certain financial settlements may be required in case of early termination.
3. Termination by the Executor:
• The Executor may terminate this contract with immediate effect by providing written notice to the Client if:
◼ The Client fails to comply with any of the terms and conditions of this contract, including failure to make timely payments.
◼ The Client engages in any activity or behavior that the Executor deems detrimental to the Executor's reputation, operations, or compliance with legal obligations.
4. Consequences of Termination:
• Upon termination of the contract, the Executor shall cease to provide the services to the Client, and the Client shall pay any outstanding fees for services rendered up to the point of termination.
• Both parties agree to settle any outstanding obligations promptly upon termination.
5. Survival of Terms:
• Termination of this contract shall not affect any provisions of the contract that, by their nature, are intended to survive termination, including, but not limited to, confidentiality obligations, dispute resolution procedures, and any other provisions that are intended to remain in effect post-termination.
Final Provisions
1. Entire Agreement:
• This contract constitutes the entire agreement between the Executor and the Client regarding the subject matter herein and supersedes all prior understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.
2. Severability:
• If any term or provision of this contract is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this contract, and the contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.
3. Force Majeure:
• Neither party shall be held responsible for any delay or failure in performance of any part of this contract to the extent that such delay or failure is caused by fire, flood, explosion, war, terrorism, embargo, government requirement, civil or military authority, act of God, or other similar causes beyond their control and without the fault or negligence of the delayed or non-performing party.
4. Notices:
• Any notices, requests, demands, and other communications under this contract shall be in writing and properly addressed to the respective party at the contact information provided at the beginning of this contract or to such other address as the party may specify in writing.
5. Amendment:
• This contract may only be amended, modified, or supplemented by an agreement in writing signed by each party hereto.
6. Waiver:
• No waiver by any party of any of the provisions of this contract shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party shall operate or be construed as a waiver in respect of any failure, breach, or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver.
7. Governing Language:
• This contract has been executed in the English language, which shall be the governing language of this contract. Any translation into another language shall not be an official version thereof and in the event of any conflict in interpretation between the English version and such translation, the English version shall prevail.
