Terms and Conditions (hereinafter referred to as the Conditions)

 

Applying for any services from LKS Consult OÜ, it is considered that you have agreed with the Terms and Conditions.

1. The range of terms and validity

1.1 The terms are valid between the private person or company (hereinafter Client) and LKS Consult OÜ (hereinafter LKS Consult OÜ), hereinafter together referred to as the Parties, for the legal relations while purchasing products and services via LKS Consult OÜ e-store.

1.2 In addition to the current Conditions, purchasing services via LKS Consult OÜ e-store is regulated by the legislation of the Republic of Estonia.

1.3 The transactions made in the e-store shall be made by a person with full active legal capacity who has attained at least 18 years of age. If the transaction is made by the person who does not comply with the regulations under the Estonian legislation, the person whose bank account or credit card is used will be responsible for the transaction.

2. Prices and payments

2.1 All prices are in Euros (whether published in website price list or in individual communications) and exclusive of Value Added Tax. Information as to VAT liability is available on the request.

2.2 Product or service selected by the Client from the e-store must be prepaid in the full amount. By making the payment, the Client will assure that he/she has fully read and accepted the terms and conditions provided by the service provider of the e-store.

2.3 All taxes, current and future as applicable in Estonia will be borne by the Client.

2.4 If the service is provided partially (beyond the control of LKS Consult OÜ), then LKS Consult OÜ shall charge the invoice for the work already done, considering the principle of proportionality.

2.5 In addition to the fixed price the Client shall cover to LKS Consult OÜ direct costs related to providing services under the current Conditions (incl., but not excluding others: postal and courier charges, fees related to obtaining documents/extracts from official registers, state fees, notary fees, Apostille’ confirmation fees, transport costs, translation costs etc.).

2.6 LKS Consult OÜ may request advance payment of all charges and expenses. Where any fees for services or products remain unpaid for more than 10 days, LKS Consult OÜ may at its discretion immediately terminate the services, and obtain payment from any assets of the Clients.

2.7 If the transaction made through the internet bank the Client must push the button “back to the vendor” in order to confirm the transaction.

2.8 LKS Consult OÜ shall not be obliged to transfer the product until all outstanding fees (including government fees, duties, taxes and other third-party disbursements together with LKS Consult OÜ’s transfer or termination fees) have been paid in full.

3. Rights and obligations of Client

3.1 The Client shall acknowledge that by ordering the service, LKS Consult OÜ starts providing the service (hereinafter to fulfil the Assignment).

3.2 The Client shall provide to LKS Consult OÜ all documents, data and instructions related with the ordered products or services in good faith, full completeness and without unreasonable delay. LKS Consult OÜ assumes that all necessary data, documents and instructions are always given in such way.

3.3 The Client confirms that he/she is aware that any delay in providing the needed documents or data may cause the extension of the process.

3.4 The Client is obligated to inform LKS Consult OÜ of all the facts and circumstances and their changes that are relevant and needed for providing service. LKS Consult OÜ is not liable for the data and documents submitted by the Client, excluding LKS Consult OÜ liability before third parties for their completeness, accuracy and validity.

3.5 After the fulfilment of Assignment, the information or opinion nor documents provided by LKS Consult OÜ are not subject to completion or correction, related to the amendments of the legislation or repealing of existing legislation, developments in court practise or to any other new circumstance or change of the circumstance.

3.6 The Client shall acknowledge that he/she is fully aware of the risks that may be entailed by electronic submission of information and documents and the Client agrees to exchange information electronically. Documents sent by LKS Consult OÜ by e-mail (whether or not containing confidential information) will not be encrypted. It is Client’s responsibility to put in place measures to protect its computers and IT systems against viruses, defects etc.

3.7 If the Client is a juridical person, then it is assumed that the person who has submitted the order has every right to represent the Client. If it turns out that the person did not have right to represent the Client, then the person who submitted the order is responsible for any caused damages.

4. Rights and obligations of LKS Consult OÜ
   

4.1 LKS Consult OÜ has a right to receive a fee for providing services and products. LKS Consult OÜ issues a price offer or invoice for its services.

4.2 LKS Consult OÜ regards the contact details provided by the Client correct and any information sent to these contact details shall be deemed to have been received by the Client the next work day.

4.3 LKS Consult OÜ shall provide services with due care, accurately, applying all of its knowledge, effort and expertise, taking into consideration the best interest of the Client.

4.4 LKS Consult OÜ has the right to terminate the order extraordinarily without following the term of prior advance notice, if on the basis of given information and documents, there is a suspicion that Client’s activity may be associated with funding money laundering or terrorism and the Client does not eliminate those suspicions (including not submitting documents, information or the origin of the assets).

4.5 LKS Consult OÜ expressly disclaims any liability to the Clients and any third parties associated with Client for any damage or loss to any of them arising from the establishment, acquisition or operation of the Entity or the provision of the services by or to the Clients or any other person.

4.6 In case LKS Consult OÜ has information about unlawful or suspicious activity or misuse of its services, LKS Consult OÜ has a right to cancel the contract or order, and claim the fee for already purchased services or products.

4.7 LKS Consult OÜ provides virtual office (VO) services, which include filings in the commercial registry – registration address, company e-mail address and authorized contact person, with one-year term on prepayment basis. VO services are terminated automatically at the end of the period, unless the Client prolongs the services by paying for the next period.

4.8 LKS Consult OÜ, as a private sector service provider has the right to choose its Clients, thus it has the right:

• to refuse providing services and/or products to any potential Client, at its own discretion without disclosing the grounds for refusal.
• to terminate any services at any moment without disclosing the grounds for termination, notifying the Client 15 calendar days in prior. In case the termination takes place during the period which is already prepaid by the Client, then the Client has the right to claim a refund, considering the principle of proportionality.

5. Cancelling the order and refund policy

5.1 Client acknowledges that most products or services are unique and will be produced for Client only and according to this the Client takes full responsibility for the order.

5.2 By ordering a service, the Client acknowledges that LKS Consult OÜ starts to fulfil its obligations immediately and the Client will lose the right to withdraw its order and claim for a refund in full amount.

5.3 If the Client wishes to cancel the order and cancelling the order is solely the Client’s decision not related with LKS Consult OÜ’s activity, then LKS Consult OÜ has a right to issue an invoice for the work already done, considering the principle of proportionality.

5.4 The result of all services is not guaranteed (e.g. establishment of business licenses). If the necessary work is done by LKS Consult OÜ, the service shall be considered to be provided. If the service result is not achieved due to circumstances beyond the control of LKS Consult OÜ, then the provided service fee is non-refundable.

6. Confidentiality

6.1 Any information that will be stated during the provision of the services or products are confidential to LKS Consult OÜ and to Client.

6.2 All personal information provided while purchasing in the e-store are confidential and are treated by the requirements of the Personal Data Protection Act.

6.3 LKS Consult OÜ does not give out personal information to third parties without the consent of the Client.

6.4 The restrictions of use and disclosure of confidential information shall not apply to information covered by the following exceptions: information that is or becomes publicly known, information that LKS Consult OÜ is compelled to disclose by law or which disclosure is necessary for the due and timely fulfilment of the order (i.e. disclosure to the notary, bank, court, translator or public authorities). By accepting these terms, the Client gives also its/his/her consent to disclose information and documents relating to fulfilment of Assignment to the other employees of LKS Consult OÜ.

7. Miscellaneous

7.1 The Parties aim to solve all disagreements with the negotiations. In the event the Parties are unable to reach a settlement, the dispute, controversy or claim arising from or in connection with provided services or products shall be settled in the Harju County Court.

7.2 These conditions are governed by Estonian law as a final applicable law.