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These Terms and Conditions apply to all persons (hereinafter referred to as the Client) who contact E-Advisors OÜ (registry code 11761802) (hereinafter E-Advisors), for obtaining service and for legal relationships arising between the Client and E-Advisors. Hereinafter referred to as the “Party” and “the Parties“, have agreed that E-Advisors will provide the Client with a high-quality service in accordance with the following terms:
1. SERVICE AND TASK
1.1. E-Advisors provides consulting services and represents and advises the Client in the framework of the Task assigned by the Client (hereafter “Task“). Upon assignment, the Client has agreed to the terms and conditions stipulated in these Conditions (hereinafter the Contract) and the Parties consider the Contract to be concluded
1.2. To execute the Task, E-Advisors may engage other best specialists in the field at its discretion.
1.3. E-Advisors executes the Task in accordance with the best interests of the Client, with the necessary diligence, precisely, according to its best knowledge, capabilities and experience.
1.4. The Client submits to E-Advisors all documents, information and instructions related to the execution of the Task in good faith, complete and without delay, if necessary, on its own initiative, and E-Advisors assumes that all documents, information and instructions are thus given and granted. E-Advisors shall not be liable for any documents or information provided by the Client, including, in particular, their correctness, completeness or validity.
2. FEE AND PAYMENT
2.1. For the fulfillment of the Task, the Client pays a fee to the E-Advisors, VAT will be added to the fee.
2.2. VAT (22%) will be added to an invoice if it is issued to an individual residing in the EU and to an EU company that is not VAT registered. An invoice without VAT will be issued to (1) an individual residing outside the EU; (2) a company domiciled outside the EU; or (3) EU domiciled VAT registered company.
2.3. The Parties have agreed that E-Advisors shall have the right to request an advance payment from the Client before the beginning of the Task and at any time during the execution of the Task. The amount of the advance payment will be decided by E-Advisors on the basis of the complexity of the Task and the estimated time and cost of the Task. When the Client fails to pay E-Advisors the advance payment, E-Advisors has the right to refuse to accept the Task, suspend the execution of the Task, or cancel the Contract without giving prior notice to the Client.
2.4. The Client will reimburse E-Advisors for costs directly related to the execution of the Task (e.g postal and courier service fees, fees for taking extracts from registers, transport and accommodation costs, etc.).
2.5. Unless otherwise stated on the invoices submitted by E-Advisors, the invoices submitted by E-Advisors are payable no later than 7 days from the date of issue of the invoice. In case of delayed payment of the invoice, E-Advisors has the right to claim interest on late payment of 0.5% of the outstanding amount per each calendar day of delay.
2.6. The parties have agreed that E-Advisors invoices will be sent to the Client’s e-mail address.
2.7. The payments related to the contract will made to the E-Advisors account, which is indicated by E-Advisors on the invoice issued for its legal service.
2.8. In case E-Advisors has not began to fulfill the Task and process the order, and the Client decides to cancel the Contract, a refund may be issued in case the Client notifies E-Advisors of the request in 14 days since the Task was ordered. In such situations where E-Advisors deems that a refund is warranted, E-Advisors reserves the right to deduct reasonable amounts of the refund to cover the costs of relevant administration and other incidental costs already incurred.
3. THE CONFIDENTIALITY OBLIGATION OF E-ADVISORS
3.1. E-Advisors are required to keep confidential the information related to the Client related to the performance of the Contract, as well as the amount of the service fee. The confidentiality obligation is not limited in time and applies to all E-Advisors employees.
3.2. The confidentiality obligation does not extend to previously disclosed information, to information which the E-Advisors is required to provide under current legislation, to information which is needed by E-Advisors to get legal assistance, to submit a claim to the Client, or to submit to its auditors, or disclosure of which is required in the Task (eg, E-Advisors may, in the course of performing the Task, transfer documents and information related to the Client to notaries, translators, banks, state agencies, etc).
3.3. By way of exception, the parties have agreed that E-Advisors has the right to disclose to third parties and the public the fact of the Client being E-Advisor’s Client and the general nature of the services provided to the Client without disclosing the details of the Task (e.g. the amount of payment paid to E-Advisors, the terms of the contracts drawn up). In exercising the rights set forth in this provision, E-Advisors has the right to use the Client’s name, trademark or logo.
4. PROCESSING OF PERSONAL DATA
4.1. The controller for personal data processed in this Contract or in the execution of the Task is E-Advisors, whose Data Protection Officer can be contacted at info@incorporate.ee for questions related to the processing of personal data.
4.2. When fulfilling the present Contract or performing the Task, E-Advisor’s Client may provide to E-Advisors or E-Advisor may collect, store, use and otherwise process personal data in the following activities and for the following purposes:
4.2.1. In connection with the performance of the Contract or Task. For the execution of the Contract or Task, Client’s or Client’s contact person’s given name, surname, account number, postal address, e-mail address, phone number, personal data of the Client or a third person related with the Task shall be registered; to perform the Task, to manage customer relationship and to communicate with the Client or a third party, to respond to customer queries, to produce sales statistics and for marketing purposes.
4.2.2. In connection with visiting the website of E-Advisors. When visiting the E-Advisors website, E-Advisors may collect information about the Client’s computer or other device. For example, E-Advisors can get information about website visits, including the visitor’s IP address, time spent on the web site, number of clicks, and more.
4.2.3. Other information in connection with interacting with E-Advisors. E-Advisors may process personal data and other information that the Client may submit to E-Advisors at any time by using the E-Advisors web site or by interacting with E-Advisors.
4.3. E-Advisors may publish personal information of the Client in addition to the above cases to the following persons: employees and managers of E-Advisors, co-operation partners, public authorities, umbrella and professional organizations, etc., if this is reasonably necessary for the purposes of the Task or the Contract.
4.4. In addition to the foregoing, E-Advisors may publish personal data if E-Advisors is required to publish it under the applicable law, to protect the rights or interests of E-Advisors or third parties (including providing information to third parties for debts collection) or to challenge a claim against E-Advisors or third parties.
4.5. E-Advisors may transmit data to third countries, complying with the requirements set out in the legislation, and by adopting appropriate measures to ensure data security.
4.6. Personal data shall be kept for at least the period prescribed by law.
4.7. The personal data collected and processed by E-Advisors are to be used for the sole purpose of this Contract.
4.8. The Client has the right at any time to receive from E-Advisors personal information about himself, request modification and transfer of his / her personal data and termination of the processing of personal data, unless this is in conflict with applicable law or other clauses or obligations arising from the Contract.
4.9. The Client will be able to obtain an overview of his / her personal data, verify or correct his or her personal data, by informing E-Advisors about this.
4.10. The requirement to terminate personal data processing can only be performed by E-Advisors when the legal basis for the processing of such personal data has expired.
4.11. E-Advisors does not need to satisfy the Client’s requests if E-Advisors is not sure of the Client’s identity, the lawfulness of the request, or in case of the data transfer request when it is not possible to securely transmit data, or it may lead to infringement of the rights of other persons or entails E-Advisors’ excessive administrative burden.
4.12. The E-Advisors website may have references and links to other websites. E-Advisors is not responsible for third-party websites’ security and privacy policies. E-Advisor urges you to familiarize yourself with the privacy policies of other websites.
4.13. The personal data of the Client and a third party shall be processed in compliance with the laws on the protection of personal data in force in the Republic of Estonia and other requirements prescribed by law. When processing personal information, E-Advisors applies organizational and technical measures that ensure the protection of personal data from accidental or unlawful destruction, alteration, disclosure, and any other unlawful processing.
5. SENDING NOTIFICATIONS
5.1 Documents sent by e-mail are not encrypted, and E-Advisors assumes no liability for any loss or damage to any equipment, software, documents or information that may result from the transmission, receipt or use of information and documents by E-Advisors.
5.2 The document sent by E-Advisors (including invoices) is deemed to be received by the Client if it is sent by registered letter to the address indicated on the Client’s Contract or to the Client’s e-mail address and 2 days have elapsed since sending the letter or e-mail. Invoices sent by E-Advisors are deemed to be accepted by the Client if the Client has not made a complaint about the invoice within 10 days from receipt of the invoice.
6. TERMINATION OF THE CONTRACT
6.1. The Contract shall terminate with the performance of the Task. If the Task is to provide day-to-day legal services and at least 6 months have elapsed since the execution and settlement of the last Task assigned by the Client, E-Advisors has the right to consider the Contract terminated.
6.2. E-Advisors reserves the right to terminate the Contract with the Client without a refund in case E-Advisors has not been able to fulfil the Task agreed within 3 (three) months since the Contract was signed due to the circumstances dependent on the Client.
6.3. E-Advisors reserves the right to terminate the Contract with the Client without a refund in case the Client has intentionally provided incomplete or incorrect information, or failed to provide information or documents requested by E-Advisors for the performance of the Task.
6.4. E-Advisors reserves the right to terminate the contract concluded with the Client exceptionally without refund if the Client does not provide the information and documents required by E-Advisors to complete the KYC (Know Your Customer) procedure by the deadline set by E-Advisors or if as a result of KYC E-Advisors comes to the conclusion that the Client’s profile does not meet its risk appetite within the meaning of the Money Laundering and Terrorist Financing Prevention Act.
6.5. E-Advisors reserves the right to terminate the Contract with the Client without a refund in case the activities of the Client would make E-Advisors unable to comply with the legal regulations with regard to fulfilling the Task, or in case E-Advisors has provided the Client with specific instructions which are necessary for fulfilling the Task and the Client fails or refuses to act accordingly.
6.6. E-Advisors reserves the right to terminate the Contract with the Client without a refund in case the Client with their operations or activities has damaged or will likely damage the reputation of E-Advisors or harms the client relations E-Advisors has formed with its other clients.
7. E-ADVISORS’ LIABILITY, LAW APPLICABLE TO THE CONTRACT AND DISPUTE RESOLUTION, AMENDMENT OF THE CONTRACT.
7.1. E-Advisors shall be liable for material damage caused directly to the Client during the provision of legal assistance, to the amount paid by the Client to E-Advisors for fulfillment of the respective Task. E-Advisors is not responsible for any loss of income or non-material damage.
7.2. If the Client delays payment of any invoice (incl. Advance payment invoice) issued by E-Advisors, E-Advisors has the right to refuse to accept the Task, suspend the execution of the Task and / or cancel the Contract as a whole without a warning in advance and without the refund. E-Advisors also has the right to keep the documents (including original documents provided by the Client) collected and prepared in the course of execution of the Task until the Client has paid the full amount of the debt and assign the claims against the Client to the collection company for collection or to turn to the court for collection of the debt. In this case, the Client will bear all expenses incurred in collecting the debt.
7.3. In addition to the provisions of the Contract, the Parties shall proceed from the legislation in force and the legislation governing the activities of E-Advisors.
7.4. The Contract shall be governed by Estonian law, i.e. the final applicable law shall be Estonian law, and the disputes shall be resolved in accordance with Estonian law.
7.5. The Parties will endeavor to resolve the disputes arising from the Contract by negotiation. If the disputes arising from the Contract cannot be resolved through negotiations between the Parties, disputes shall be settled in the Harju County Court or in case of expedited procedure of orders of payment in the Pärnu County Court.
7.6. E-Advisors has the right to unilaterally amend and supplement the terms of the Contract by publishing the new Terms and Conditions of Service Provision at the Internet address https://incorporate.ee/.
