This Agreement is a public offer agreement within the meaning of Articles 633, 641, 842 of the Civil Code of Ukraine, in which one party, ASA GROUP Law Firm (hereinafter referred to as the Contractor), publicly offers any individual or legal entity that accepts this offer (hereinafter referred to as the Client) the opportunity to use the services, for which it publishes this Public Agreement (offer) for the provision of legal assistance (hereinafter referred to as the Agreement), addressed to an unlimited number of persons about the following.
References in this Agreement to the “ASA GROUP Law Firm” are references to the ASA GROUP Attorneys at Law and to the ASA GROUP Limited Liability Company. The legal entities are established in accordance with the laws of Ukraine and have their registered office at: 10 Poltavska St., Kyiv city, 01135.
1. TERMS.
- Client means a legally capable individual who has reached the age of 18 and/or a legal entity that has accepted this Agreement.
- Acceptance means full, unconditional and unreserved acceptance by the Client of the terms of this Agreement by full prepayment of the ordered services.
- Legal assistance means the Client instructs and the Contractor undertakes to provide legal assistance to the Client for which the Contractor will defend, represent the interests of the Client or provide other types of legal assistance on the terms and in the manner specified in this Agreement, and the Client undertakes to pay the Client a fee for the provision of legal assistance and actual expenses incurred or to be incurred in the course of the Agreement (hereinafter referred to as legal assistance / service).
- Types of services:
- protection, representation and provision of legal assistance to the Client, provision of oral and written consultations, opinions on issues of national and foreign law and any legal measures and actions, including, but not limited to: representation and protection of the Client’s interests during pre-trial investigation, measures to ensure criminal proceedings, court proceedings in courts of all instances and jurisdictions drafting applications, complaints, procedural and other legal documents;
- representation of the interests of the victim during the consideration of an administrative offense case, the rights and obligations of the victim, civil applicant, civil respondent in criminal proceedings;
- defense, representation and provision of legal assistance to the Client in administrative, civil, commercial or criminal cases/proceedings in which the Client is a party /person /participant;
- representation of the Client’s interests in state and local government bodies, including, but not limited to, the National Police of Ukraine and its structural units, prosecutor’s offices, the National Anti-Corruption Bureau of Ukraine and its structural units, the State Bureau of Investigation and its structural units, the State Tax Service of Ukraine and its structural units, the Security Service of Ukraine, the Ministry of Justice of Ukraine and its bodies/structural units, the State Treasury Service, as well as representation of the Client’s interests in the other types of legal/advocacy activities not prohibited by law, and performing other actions necessary in connection with the execution of this Agreement or instructed by the Client within the framework of providing legal assistance.
- The Contractor’s website means a web page on the Internet at https://www.asagroup.com.ua, which is the official source of informing users about the Contractor and the legal services provided.
- Payment system means a payment organization or payment service that provides for the transfer of funds between the Client and the Contractor.
PROCEDURE FOR THE PROVISION OF SERVICES
2.1. The content, scope, cost and other features of legal assistance shall be agreed by the Parties in each individual case (upon receipt of the order/instruction).
2.2. The legal assistance may be provided on the basis of the order/instruction received from the Client. Payment for such legal assistance shall be made taking into account the actual labor costs/hourly rates provided for in Clause 3.4 of the Agreement. In this case, the fact of provision of legal assistance shall be recorded by the Contractor in the form of a Report on the provision of legal assistance — on the fact of provision of legal assistance or its individual stages/actions. If the Client does not have any reasoned objections to the quality, completeness, and content of the legal assistance specified in the Report within 3 (three) business days after receipt of the Report, the legal assistance shall be deemed accepted by the Client and shall be paid for.
2.3. Legal assistance may also be provided subject to the provisions of Part 3 of Article 631 of the Civil Code of Ukraine, i.e. the terms of this Agreement may be applied to the relations between the Parties that arose before their conclusion. Such legal assistance may be provided on the basis of prior oral or written requests/orders, and the fact of its provision may be recorded in the Reports on the provision of legal assistance.
2.4. The time of provision of legal assistance shall include the actual time required for studying documents, preparing for actions on behalf of the Client, providing consultations, traveling to the place of provision of legal assistance and direct provision of legal assistance.
2.5. The Contractor shall determine the list of documents and data required for the provision of legal assistance and notify the Client thereof.
2.6. The Contractor shall rely solely on the information and documents provided by the Client and considered by the Contractor to be properly reflecting the actual state of affairs for the purposes of providing the relevant legal assistance.
2.7. The Contractor may engage other third parties to provide services on a contractual basis.
3. REMUNERATION AND PAYMENT PROCEDURE
3.1. The Fee is a form of remuneration of the Contractor for the defense, representation and provision of other types of legal assistance to the Client.
3.2. When determining the amount of the fee, the terms and results of the resolution of disputed legal relations, the degree of complexity of the case, the amount of legal assistance required to achieve the desired result and the proper execution of individual instructions of the Client, as well as other factual circumstances related to the provision of legal assistance shall be taken into account.
3.3 The fee may be determined in a fixed/fixed amount or upon the fact of labor costs incurred in the assessment of the hours of work of the Contractor’s employees, the rates of which are determined in clause 3.4 of the Agreement.
3.4. The amount of individual hourly rates of the Contractor’s employees (hourly rates in 2024):
Partner — the hryvnia equivalent of 250 (two hundred and fifty) US dollars (USD) at the average selling rate published on minfin.com.ua as of the date of invoice;
Head of Practice (or within the framework of providing legal assistance during pre-trial investigations) — UAH equivalent of 150 (one hundred and fifty) US dollars (USD) at the average selling rate published on minfin.com.ua on the date of invoice;
Attorney/Lawyer — UAH equivalent of 120 (one hundred and twenty) US dollars (USD) at the average selling rate published on minfin.com.ua on the date of invoice;
Junior Associate — the UAH equivalent of 80 (eighty) US dollars (USD) at the average selling rate published on minfin.com.ua on the date of invoice;
3.4.1. The Parties may individually agree on a different amount of hourly rates of the Contractor’s employees, taking into account the nature, content, complexity and other features of legal assistance.
3.4.2. Representation of the Client’s interests under urgent orders (legal assistance shall be provided on the day of receipt of the Request from the Client) shall be calculated at the hourly rates multiplied by the coefficient 1.5.
3.5. The amount of the Contractor’s fee does not include expenses that may arise in connection with the performance of the Agreement, which include: mandatory fees (including court fees), official fees, notary fees, business trip expenses (per diem, transportation, accommodation, etc.), expenses related to the engagement of experts or other specialists/advisers agreed by the Client, and other similar expenses.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1 The Client has the right to:
4.1.1. give oral and written instructions to the Contractor within the scope of the Agreement;
4.1.2. require the Contractor to keep confidential information that became known to the Contractor during the provision of legal assistance and documents (including originals) provided to him or her for the provision of legal assistance;
4.1.3. to require the Contractor to provide the Report on the provision of legal assistance, as well as to familiarize themselves with the documents at the Contractor’s disposal/received and related to this Agreement.
4.2. The Client is obliged:
4.2.1. to provide information and documents (including originals), at the request of the Contractor, in full and within the terms agreed between the Parties;
4.2.2. to create appropriate conditions for the Contractor for the quality, prompt and proper provision of legal assistance (for example, providing the employee with a workplace when providing legal assistance in the Client’s office, etc;)
4.2.3. to notify the Contractor of all measures taken in relation to the case;
4.2.4. not to require the Contractor to perform actions that go beyond the limits of professional rights and duties;
4.2.5. to pay in full for the legal assistance provided in accordance with the terms of the Agreement;
4.2.6. to refrain from performing any legally significant actions, including, but not limited to, negotiations, correspondence, etc. on the issues on which the Contractor provides legal assistance, without the Contractor’s approval. The risks of adverse consequences if the Client takes such actions without the Contractor’s consent shall be borne by the Client;
4.2.7. in case of refusal to receive legal assistance under this Agreement or applying for similar services/legal assistance to other attorneys, lawyers, consultants — immediately to notify the Contractor thereof;
4.2.8. immediately to notify the Contractor of any legally significant information that relates to or may relate to the subject matter of the services or conditions of provision of legal assistance.
4.3. The Contractor, represented by employees, lawyers, attorneys and paralegals, shall have the right:
4.3.1. to receive information and documents (including original documents) necessary and sufficient for the provision of legal assistance to the Client;
4.3.2. to collect information that may be used as evidence in civil, economic, administrative and criminal cases;
4.3.3. to use scientific and technical means and record actions in accordance with the current legislation of Ukraine;
4.3.4. to sign and submit on behalf of and in the interests of the Client and on its own behalf the relevant applications, petitions, requests, complaints, appeals and other documents pursuant to this Agreement. To present petitions and complaints at the reception of officials and receive from them written motivated responses to these petitions and complaints in cases related to the interests of the Client;
4.3.5. to conduct the Client’s business in the courts of general jurisdiction, administrative, economic courts of Ukraine of the first, appellate and cassation instances, with all the rights granted by the current legislation to the applicant, respondent, third party, including, but not limited to, the right to sign and file claims on behalf and in the interests of the Client, sign and file a counterclaim, application for entry into the case as a third party, the right to fully or partially waive the claim, recognize the claim in whole or in part, change the grounds and subject matter of the claim, increase or decrease the claim, conclude an amicable agreement, appeal against court decisions/rulings/orders, including the right to sign and file appeals and cassation appeals, certify copies of documents, get acquainted with the case file, make extracts from them, make copies of documents attached to the case, receive copies of decisions, to participate in court hearings of the courts of first instance, appeal and cassation, to submit evidence, to participate in the examination of evidence, to ask questions to other persons involved in the case, as well as to witnesses, experts, specialists, to file motions and challenges, to give oral and written explanations to the court, to submit their arguments, opinions on issues arising during the trial, and objections to motions, arguments and considerations of other persons, to get acquainted with the court record, make copies of it and submit written comments on its incorrectness or incompleteness, listen to the recording of the court session by technical means, make copies of it, submit written comments on its incorrectness or incompleteness, make statements, sign, submit explanations, applications, petitions, complaints, responses, responses to responses, objections. To be a representative in the enforcement proceedings, to submit a writ of execution or an order for collection, to familiarize themselves with the materials of the enforcement proceedings, to make extracts from them, to make copies, to submit additional materials, to file petitions, to participate in the enforcement proceedings, to give oral and written explanations in the course of enforcement proceedings, to exercise other procedural rights of the representative established by law;
4.3.6. to represent the Client in all enterprises, institutions and organizations, regardless of their subordination, form of ownership and industry, before individuals, state authorities, local self-government bodies, etc. in resolving any issues, including signing, submitting and requesting, receiving on behalf and/or in the interests of the Client documents, notifications, statements, requests, petitions, etc., certifying copies of documents, getting acquainted with documents, etc;
4.3.7. to represent the interests of the Client in the State Treasury Service of Ukraine, its territorial bodies, departments, any structural subdivisions, including, but not limited to, with respect to the receipt of funds. The funds under this clause shall include, inter alia, funds received for the refund of the assistance court fee;
4.3.8. to perform any actions not prohibited by law, the rules of professional conduct and the Agreement necessary for the proper performance of this Agreement and the Client’s instructions within the provision of legal assistance;
4.3.9. within the framework of the provision of legal assistance, to exercise in full the rights determined by the procedural legislation of Ukraine, the Law of Ukraine “On the Bar and Practice of Law” to ensure the protection of the Client’s rights, freedoms and legitimate interests;
4.3.10. not to execute the Client’s instructions (without imposing sanctions on the Contractor) if the Client’s instructions to perform actions go beyond the Contractor’s professional rights and obligations;
4.3.11. not to execute the Client’s assignment if the result of which is desired by the Client or the means of its achievement, on which he or she insists, are illegal, contrary to the moral principles of society, the oath of the advocate, and the rules of professional conduct;
4.3.12. unilaterally and by written notice not less than five (5) calendar days in advance to suspend the performance of his or her duties (without imposing sanctions on the Contractor), if the Client has not fulfilled or fails to fulfill his or her obligations;
4.3.13. for the proper performance of services, to perform/take other actions provided for by the legislation of Ukraine, which may be necessary for the provision of legal assistance.
4.4. The Contractor, represented by its employees, lawyers, attorneys and paralegals, shall be obliged to:
4.4.1. ensure timely
4.4.5. agree with the Client on the legal position and strategy of conducting business and current issues.
5. LIABILITY OF THE PARTIES
5.1. In case of non-fulfillment or improper fulfillment of their obligations under the Agreement, the Parties shall be liable as provided by law and this Agreement.
5.2. In case of non-fulfillment and/or improper fulfillment by the Parties of their obligations under this Agreement, the guilty Party, as determined by agreement of the Parties or by court decision, shall reimburse the other Party at its request for documented losses in full if they are incurred during or as a result of the fulfillment of the terms of this Agreement.
5.3. The Contractor shall not be liable for the completeness and accuracy of the information provided by the Client or a third party within the subject matter of the Agreement.
5.4. In case of delay in payments, the Client shall pay, at the request of the Contractor, a penalty in the amount of double the discount rate of the National Bank of Ukraine, effective during the period for which the penalty is passistance, from the amount of debt for each day of delay until the day of actual fulfillment of obligations.
6. CONFIDENTIALITY AND PROFESSIONAL PRIVILEGE
6.1. Subject to the requirements and restrictions provided for by the current legislation of Ukraine, the Contractor undertakes to respect the confidential nature of the information that has become known to him in connection with cooperation with the Client and undertakes to take measures to ensure that such information is not disclosed to third parties. This obligation does not apply to information that is or has become public knowledge as a result of the actions or negligence of other persons, or received by the Contractor from third parties. Confidential information shall not be disclosed or provided to third parties, unless the Contractor is required to do so by applicable law. In the event of a situation where the Contractor is required by applicable law to provide confidential information to third parties, the Contractor shall promptly notify the Client thereof.
6.2. The Client is obliged not to disclose information that has become known to him from the Contractor and information that ensures the safety of the Contractor and his employees.
6.3. The scope of the attorney-Client privilege, which is not subject to disclosure, is established by the Law of Ukraine “On the Bar and Practice of Law”.
7. DISPUTE RESOLUTION
7.1. All disputes arising out of or relating to this Agreement shall be resolved through negotiations between the Parties.
7.2. If the relevant dispute cannot be resolved through negotiations, it shall be resolved in court.
8. MISCELLANEOUS
8.1. The Contractor makes all reasonable efforts to ensure that all information on the website is accurate, reliable and up-to-date. The Contractor does not guarantee the accuracy and relevance of any information posted on the website at any given time and does not accept claims for any failures and inaccuracies, as well as any damage resulting from such failures and inaccuracies.
8.2. The Client understands and accepts the terms and conditions according to which the violation of the terms of this Agreement may lead to the Contractor’s unilateral refusal to provide the Client with the Services.
8.3. In case of non-receipt of the Service by the Client through no direct fault of the Contractor; refusal to provide the Service to the Client; refusal of the Client to provide the Service, the funds passistance by the Client for the Services shall not be refunded.
8.4. Changes and additions to this Agreement may be made by the Contractor unilaterally, without prior notice to the Client. The legal relations that arose before the amendments and additions are made shall be governed by the version of the Agreement in force at the time of the legal relations.