TERMS OF SERVICE
hereinafter referred to as „Terms of service”, applicable to the service activity and client relationships of Detre Varga & Partners LLP. as service provider, hereinafter referred to as „Service Provider”
Detre Varga & Partners OÜ
Registry code: 16787195
Legal adress: Harju maakond, Tallinn, Kesklinna linnaosa, Narva mnt 5, 10117
VAT No.: EE102647086
1. Detre Varga & Partners LLP. is an international network of service providers audited by dr. Detre Varga, whose members -under these Terms of service- may conclude service agreements and other covenants with Client. As Detre Varga & Partners LLP. is not a legal person, legal relationships are established between the Client and each service provider providing a specific service. The scope of these Terms of Service is to provide a standard set of terms and conditions to such service agreements and cooperations.
2. Client is that -either as a private person or a legal person- has paid for a service to-, or has made an agreement in the subject matter of a service with-, or that has received a service from an audited service provider.
3. Audited service providers -hereinafter referred to as Service providers- are, who have been audited by the assigned representative of Detre Varga & Partners LLP.
4. Under this Agreement, Client, Service provider and audited service providers may be regarded a Parties.
5. Based on the Terms of service Client may order services (hereinafter referred to as „Order”) from Service provider, and in case of written confirmation of these orders by Service provider itself, Service provider or other cooperating partner of Service provider shall fulfil them accordingly, on deadline, in line with the conditions of the Terms of service and the guiding applied laws. Scope of the Terms of service is to set the terms and conditions that shall be applicable to all Orders confirmed under it’s effect. In the interpretation of the Terms of service, specified as Parties Client and Service Provider shall be understood.
6. All relevant terms and conditions of Orders shall be put in writing. None of the Parties shall refer to verbal statement as an argument. Orders shall become effective when the Client accepts Service providers quotation or the Parties make conclusive statements. Based on the Order Service provider shall be entitled to service fee. Relevant terms of the Orders are especially, yet not exclusively the following:
a) subject matter of the Order
b) workflow and deadline of the fulfilment
c) sum, currency and payment terms of the service fees
7. Service provider shall not be liable for result of the Order, unless it expressively assumed guarantee for a specific result in written form, and the result has been detailed sufficiently. Service provider shall not be liable for the result, if the result has partially or fully failed due to a cause related to Client, or a cause not attributable to Service provider.
8. In case of consulting, subject matter of the Order shall be verbally conversing with Client in a subject specified by Client. Terms and conditions specified in section 2. shall be applied to consulting with specific differences detailed in this section. In case of consulting, it’s not necessary to draft a written order or specify all details in it. No certificate of fulfilment shall be made with respect to consulting. In case of consulting, the fact of a fulfilled Order shall be undoubtedly verified by a settled accounting document (invoice).
9. Payment of service fees shall be made based on invoices according to Order. Invoices delivered to Client through e-mail, and printed by Client shall be regarded as a fully valid document without signature and stamp of Service provider, which proves it’s content without further evidence. A „proform invoice” is not a commercial invoice, it’s sole purpose is to summarize payment terms.
10. Service provider may issue and forward a verification of fulfilment to Client attached to the final invoice (hereinafter referred to as Verification of Fuflilment). The Verification of Fuflilment is valid without the acceptation of Client, yet the Client shall have the right to dispute fulfilment of the specified services within 5 days from receiving the Verification of Fuflilment. Through signing the Framework Agreement Client expressedly resigns of the right of debating fulfilment after 5 days from receiving the Verification of Fulfilment. Client hereby cedes eventual claim to reduce service fees with respect to it’s disproportionate amount.
11. In the course of the mutual fulfilment of this Framework Agreement and the Orders, the Parties may proceed in person or through proxy, but the proxy shall be given in written form. The legal projects agreed by the Parties may instruct Service provider to provide services for a third person (hereinafter referred to as Beneficiary Client), provided that the Beneficiary cooperates in the fulfilment and accepts the fulfilment.
12. Statements made to/from <span style="font-family: 'Avenir Light', sans-serif;">firstname.lastname@example.org</span> and to/from the e-mail adress of Client specified in the Personal data sheet or specified later in writing, shall be regarded as equal to paper based hard copy equal to fully authentic private documents. Statements and documents forwarded through e-mail shall be regarded as handed over to the adressee on the day of it’s sending, even if it has not been handed over due to any reason (delivery presumption). SMS Viber, WhatsApp and Dropbox registered with the Parties mobile phone numbers or e-mail specified in the Framework Agreement or on the Client datasheet, shall be regarded as e-mail. Negotiations made through means suitable for conveying video and sound shall be regarded as personal negotiations, made in the personal presence of the Parties. Documents as attachments shall be forwarded exclusively by e-mail or dropbox. Client hereby accepts, that any messages, documents, informations forwarded in any other channel or app than described above, may be disregarded by Service provider.
13. Service provider might involve subcontractor without Clients knowledge or consent in the fulfilment of Orders (hereinafter referred to as Subcontractors). Service provider shall be responsible for Subcontractors as for it’s own conduct.
14. Dr. Detre Varga attorney at law shall act on behalf of both Parties as an authorized proxy for receiving postal letter.
E-mails sent to <span style="font-family: 'Avenir Light', sans-serif;">email@example.com</span> shall be regarded as sent to both Parties.
Dr. Detre Varga shall keep register of the Parties personal data including contact data.
15. Service provider may assign one of it’s associated service providers to Client, from which Client may purchase and pay services directly. In this case, the Order becomes binding between the Client and the assigned service provider directly.
16. In the fulfilment of this Terms of Service and the Orders Service provider may provide Client conveyed services sourced from third persons. Service provider may inform Client about the participants in the fulfilment of this Terms of Service and the Orders (hereinafter referred to as „Participants”). In this case, Client may contact Participants directly, yet contact in the merits of the case shall be kept through the Service provider.
17. Detre Varga & Partners LLP. and it’s independent cooperating partners form a consortium without a legal personality. Client accepts, that specific liabilities- and legal relationship shall be made case by case between the Parties of a confirmed Order, and the consortium as an organization or it’s other members shall not be liable, accountable and shall not bear guarantee for these services.
18. If Client shall represent one or more third natural-, or legal persons in a transaction, it shall verify it’s right of representation with a written proxy. In case of acting as a proxy, Service provider shall identify and register the proxy as Client. Client shall notify Service provider about the termination of it’s proxy. In case of document authentification by Service provider, everyone, who signs the document, shall be entitled to exercise clients rights, in the scope reasonable with respect to the document transaction, without a legal relationship to Service provider. In case of a valid proxy, Service provider shall not inspect the relationship between the Client and he Proxy, and excludes it’s liability for eventual claims arising from that.
19. Any of the Parties may terminate this Framework Agreement and the Orders for thr future with an immediate effect in written form, yet the Parties shall settle accounts of fulfilled and ongoing Orders with each other, under the following terms and conditions:
a) if the reason which has lead to the termination of the Framework Agreement and/or the Order (hereinafter referred to as reason of termination), is attributable to Service provider’s mistake, Service provider shall refund proportional amount of the received service fees to Client and shall not be entitled to further fees
b) if the reason of termination is attributable to Client -regardless of Client’s fault-, or not attributable to Service providers mistake Service provider shall be entitled to
ba) the full payment of the actually provided services, including the working hours spent on closing the order, the performed work, incurred expenses, including those of third persons
bb) 50% of the remaining amount of the total service fees, as compensation
19/A. If the reason of termination or failure of the service order is attributable to Clients intentional misconduct, Service provider shall be entitled to the whole service fees as compensation. Client resigns litigation of the amount of the lump sum indemnification for it’s being too exaggerated.
21. If Client turns to court due to the activity of Service provider, it shall be regarded as an unconditioned, irrevocable resignment of the protection of secret.
22. Service provider may provide escrow services pertaining to the Orders.
23. If the Client or his proxy does not speak or english, it shall trust an interpreter or a translator. Client shall be exclusively liable for not involving an interpreter or contracting an interpreter that causes damage. Service provider may involve an interpreter or translator at clients risk and expense at any time. Client hereby declares to understand and speak the english language and uses it in written form too.
24. Client agrees that Service provider may and obliged to register and keep their data pertaining to this Terms of Service and the Orders, under effect of the rules of data protection and secret. Service provider may unilaterally modify any terms and conditions of the Terms of Service.
25. The Parties agree, that the governing law of this Terms of Service shall be the law of the state of Service provider’s seat, determining also the authoritative courts.
26. The Terms of Service shall be binding for all Orders, memorandums and agreements, that shall be concluded between the Parties or the Client, and for all agreements, to which the parties agree on it’s application.
27. This Terms of Service shall be mutually binding without signing by the Parties, if
- Client could have accessed it’s on detrevarga.com
- Client has received it in electronic communication
- Client has accepted fulfilled services from Service provider