Terms And Conditions

1. Application


These Rules regulate the relations in connection with the provision of consulting and legal services (hereinafter referred to as the “Instructions”) to the Client by BV & Partners law firm, namely: PE Bakaiev Denys (and affiliated persons and offices; hereinafter referred to as the “Advisor”), which are recorded in writing by the Parties in the form of a separate Agreement on the provision of legal services or by exchange of e-mails (hereinafter referred to as the “Agreement”). In the event of a discrepancy between the provisions of these Terms and Conditions and the Agreement, the Agreement shall prevail.


2. Advisor’s Proposal


Before accepting the assignment, the Advisor shall send the Client a proposal (offer), which shall record: the absence of a conflict of interest, the Client’s goal, the Advisor’s tasks, the result expected by the Client, the terms of the assignment, the fee and the estimated or fixed costs. The Client’s acceptance of the proposal means the Parties’ agreement on all elements of the proposal, the Advisor’s acceptance of the assignment, the Advisor’s right to commence the performance of the services and the Client’s obligation to pay for the services in the amount agreed in the proposal. The acceptance must be sent by the Client to the Advisor in writing, including by means of rapid communication, including, but not limited to electronic means of communication - emails.


3. Competence of the Advisor


By sending the proposal to the Client, the Advisor confirms that it is competent, has the necessary resources and is ready to perform the assignment in the agreed scope. The Client has the right to expect that the personnel involved are competent, properly instructed and supervised, efficient and comply with all terms of the assignment, as well as moral obligations. The Advisor has the right to delegate the execution of the assignment in whole or in part to third parties, remaining responsible to the Client.


4. Preliminary check


Before sending the proposal to the Client, the Advisor carries out a preliminary check of:



5. Conflict of interest and legality of the order


In the event of a violation of the law and/or conflict of interest at any stage of the case, the Advisor is obliged to immediately notify the Client of such circumstances and stop any actions on the Client's order until mutual additional consultations and adjustment (if necessary) of the latter's instructions. Confirmation of the absence of a conflict of interest applies to all offices and employees of the Advisor. In the event of a conflict of interest, the acceptance of the mandate is possible only with the written consent of all interested parties. When checking the conflict of interest, the Advisor is based on the fact that the Client has provided him with complete and reliable information about his company (including other companies of the group), about the counterparty against which the mandate is intended, as well as about the general nature of the mandate.


6. Advisor's awareness and Client's guarantees


The Advisor expects and bases its offer on the fact that the Client provides the Advisor with all information, facts and documents that may be relevant to the execution of the mandate before the start of its execution.


The Client guarantees the accuracy, completeness and reliability of the information, data and documents available to the Advisor, even if they were received from third parties, or warns the Advisor of the lack of such confidence. Throughout the entire term of the mandate, the Client informs the Advisor about all changes that may be relevant in connection with the execution of the mandate.


7. Representation of the Client’s interests by the Advisor


The Advisor always preliminarily agrees with the Client all essential issues of strategy and tactics of the execution of the assignment. The Advisor informs the Client of all essential facts and changes in the case in such a way that the Client can effectively manage the case and make decisions on strategy, tactics, settlement, planning, etc. The Client has the right to count on the timely reaction of the Advisor in connection with the execution of the assignment. From the moment of acceptance of the offer by the Client, the latter is obliged to refrain from any independent actions that may affect the execution of the assignment, without prior consultations with the Advisor.


The fact of execution of the assignment is recorded by the parties in writing in the form of an act of acceptance and transfer of the services provided or by exchanging appropriate confirmations in electronic correspondence. After the execution of the assignment, the Advisor transfers to the client all original documents previously received from him within the framework of the execution of the assignment, as well as the results of the execution of the assignment (originals of court decisions, official documents, etc.).


8. Advisor's Fee


Forms of calculation of the Advisor's fee:


Conditions that apply as additional to the fee calculation forms:

The Cap Fee provides for the calculation of the cost of the Advisor's services for the time actually spent on the execution of the assignment and/or achieving the client's goal, but not more than the amount agreed with the client and set as the upper limit.

The Success Fee provides for the calculation of the cost of the Advisor's services as a percentage of the client's benefit (received or not lost funds/assets) acquired as a result of the Advisor achieving a certain client goal.


In the event of the Client's refusal to receive the Advisor's services due to circumstances beyond the latter's control, the Advisor's services actually provided up to the time of refusal shall be paid at the hourly rate, unless otherwise agreed by the parties in writing.


The Advisor’s invoices are payable upon receipt by the Client, usually in advance. The Advisor reserves the right not to commence the execution of the assignment until the advance payment agreed upon by the parties has been credited to his account, unless otherwise agreed in writing.

The Advisor shall provide the Client with reports on the services provided, time spent and expenses incurred in cases where this has been agreed with the Client.


9. Advisor’s Expenses


The Client shall reimburse the following expenses: official fees and duties, bank commissions and fees, travel expenses, transport, postal and other expenses, the cost of notarization of documents and photocopies, official translation of documents, unless otherwise agreed upon by the parties. The Advisor must have documentary evidence of the expenses incurred.


10. Confidentiality


The Advisor undertakes not to disclose to third parties confidential information received from the Client, except in cases where the Client’s consent has been obtained or this is expressly provided for by law. The Client undertakes not to transfer to third parties information received from the Advisor regarding confidentiality, of which he has been separately warned by the Advisor.


11. Limitation of the Advisor’s liability


The Advisor’s liability to the Client for a specific Assignment is limited to the amount of the fee for such Assignment. The Advisor’s liability arises in the event of the Advisor’s professional error (omission) within the scope of work on a specific Assignment, which directly caused damage to the Client.


12. Settlement of claims, applicable law and dispute resolution


The Advisor expects the Client to immediately inform him of all claims to the work of the Advisor or of situations where the Advisor, in the opinion of the Client, has violated the terms of the assignment agreed upon by the Parties, the Agreement or these Terms and Conditions. Any claim of the Client concerning the quality of the assignment will be considered by the Advisor within 48 hours.


All disputes arising from or related to the provision of services by the Advisor and/or these Rules, not settled by the Parties, shall be resolved and interpreted in accordance with the legislation of Ukraine.