AGREEMENT for the provision of services


ARTICLE 1. GENERAL PROVISIONS
This Agreement (“Agreement”) outlines how services are provided through the Consulting and Offshore Consulting sections of www.interlexnet.com (“Site”)
 
ARTICLE 2. TERMS AND DEFINITIONS
User: an individual having full civil competence or a legal entity who uses the Site’s resources
 
Operator: International Legal Operator InterLex Consulting
 
Customer: a User who has written and sent a Request for services in accordance with the terms of the Agreement
Provider: a Partner/Offshore Partner of Operator who is a lawyer, legal professional, consultant, expert, or law firm
 
Party(ies): Customer, Operator, and Provider
 
Request (Request submission): a message submitted by Customer in the form of a clearly formulated task for Operator to perform
 
Services: organizational and legal actions performed by Operator and/or Provider in order to fulfill a Request in accordance with the terms of the Agreement
 
Secure Transaction: a service provided by Operator that eliminates financial and legal risks that might otherwise arise during direct settlements between parties and ensures full and secure settlement between Customer and Provider
 
Arbitration: a process of out-of-court settlement of disputes between Customer and Provider regarding Services provided by Provider, applied when both Customer and Provider demonstrate interest in reaching a peaceful settlement of the dispute 
 
Internal Arbitration: a process of handling disputes between Customer and Provider regarding provision of Services through the Site
 
Confidential Information: data obtained by Parties in connection with Services provided that is not to be disclosed to other parties without the consent of the person or Party who provided the data
 
ARTICLE 3. SUBJECT OF THE AGREEMENT
3.1.        The subject of the Agreement is the provision of Services on the terms outlined in the Agreement.
 
ARTICLE 4. MANNER OF PROVIDING SERVICES AND HANDLING PAYMENT SETTLEMENTS BETWEEN PARTIES
4.1.     Services are to be provided and payments are to be made between Parties as follows:
4.1.1.    Customer requests Services by filling out a Request form and sending it to Operator
4.1.2.    Operator performs a legal analysis of the Request, determines its legal nature and, when necessary, assigns the
             Request to an appropriate legal category
4.1.3.    Operator formulates the Request in the form of a legal assignment using correct legal terminology
4.1.4.    Operator identifies Providers from its network of Partners who:
· are located in the country/jurisdiction where Services are to be performed
· have sufficient organizational, legal, and financial resources to perform the Request
4.1.5.    Operator selects a Provider to perform the Request who:
·   has competencies and experience that match the requirements of the Request
·   submits a proposal to fulfill the Request in an efficient, optimal manner
·   asks for the most reasonable price for fulfilling the Request
4.1.6.    Operator sends information about Services and their cost to Customer
4.1.7.    Customer confirms his Request for Services by paying for them as stipulated in point 8.4 of the Agreement
4.1.8.    Operator notifies Provider of the Request for Services
4.1.9.    Provider fulfills the Request and notifies Operator when Services have been provided by sending Operator the results and/or confirmation that Services have been provided
4.1.10.     Operator accepts Provider’s completion of the Request and sends Customer the results and/or confirmation that Services have been provided
4.1.11.     Customer accepts Provider’s Service by notifying Operator of his acceptance
4.1.12.     Operator ensures transfer of payment for Services to Provider
4.1.13.     Provider notifies Operator that Services have been paid for in full
4.2.    Additional details about the provision of Services and settlements between Parties
4.2.1.   Operator may act as Provider of Services. Operator provides Services in accordance with the terms of the Agreement
4.2.2.         Operator may offer Services of several Providers for particularly complex legal Requests
4.2.3.         Operator may offer Customer alternative ways of fulfilling a Request
4.2.4.         Operator ensures Secure Transaction
ARTICLE 5. OPERATOR’S RIGHTS
5.1.     Operator is entitled to:
5.1.1.   request any data from Customer that is necessary to provide the Services requested, particularly data regarding Customer’s legal status and confirmation of identity
5.1.2.   decline to provide Services to Customer in the event of any of the following:
·   Customer’s failure to comply with the terms of the Agreement
·   Customer’s failure to provide Operator with the data indicated in item 5.1.1 of the Agreement
·   Customer’s failure to pay for the Services requested
 
ARTICLE 6. CUSTOMER’S OBLIGATIONS
6.1.     Customer is obligated to:
6.1.1.   comply with the terms of the Agreement
6.1.2.   provide Operator with the data indicated in item 5.1.1 at Operator’s request
6.1.3.   pay for the Services requested
6.1.4.   not divulge Confidential Information that Customer became privy to while receiving Services
ARTICLE 7. RESPONSIBILITY OF PARTIES
7.1.    Operator is responsible for the following:
7.1.1.   selecting a Provider
7.1.2.   the provision of Services by Provider
7.1.3.   (together with Provider) fulfilling the Request when Services are provided jointly with Provider
7.2.    Operator does not bear responsibility for:
7.2.1.   Customers’ actions that breach the terms of the Agreement
7.2.2.   failure to fulfill a Request if Customer fails to provide Operator with the data indicated in item 5.1.1 of the Agreement
7.3.    Customer bears responsibility for:
7.3.1.   all Customer’s actions during Request submission and/or while receiving Services
7.3.2.   Fulfilling all the obligations outlined in the Agreement
7.3.3.   Disclosure of any Confidential Information that Customer became privy to while receiving Services
 
ARTICLE 8. COST OF SERVICES, TERMS OF PAYMENT, AND OPERATOR’S COMMISSION
8.1.     The cost of Services is determined based on the weighted average cost of equivalent services on the international market of legal services at the time the Request is submitted to Operator
8.2.     Operator’s commission is determined based on the cost of Provider’s Services and is typically equal to the discount provided to Operator by Provider according to their partnership relations
8.3.     If Operator provides Services himself, Customer shall pay no Commission
8.4.     Customer shall pay for the requested Services in advance and in full by transferring the appropriate sum to the bank account indicated by Operator, and in accordance with the terms of the Agreement
8.5.     Customer shall make payment for the requested Services on the basis of bills sent on behalf of Operator, or through international payment systems
 
ARTICLE 9. ACCEPTANCE OF THE TERMS OF THE AGREEMENT
9.1.     Submission of a Request to Operator implies unconditional acceptance of the terms of the Agreement
ARTICLE 10. REVISION AND TERMINATION OF THE AGREEMENT
10.1. Operator has the right to unilaterally make revisions in the Agreement. Any changes made in the Agreement take force the moment a new version of the Agreement is posted on the Site
10.2. In case of Customer’s noncompliance with the terms of the Agreement, Operator is entitled to unilaterally terminate the Agreement with Customer
 
ARTICLE 11. FORCE MAJEURE
11.1. Parties are not liable for failure to perform their obligations and/or actions under the Agreement if their failure to do so is the result of factors outside of their control, including natural disasters, wars, blockades, embargos, government prohibitions or restrictions (including changes to legislature and regulations), international sanctions, currency bans or restrictions, third party actions or inaction, or other reasons outside of Parties’ control
 
ARTICLE 12. APPLICABLE LAW
12.1. In cases not regulated by the Agreement the Parties’ relations shall be governed by the laws of the Federal Republic of Germany as well as by international regulations, particularly those that govern online interactions
 
ARTICLE 13. MANNER OF SETTLING DISPUTES
13.1. Operator may be a participant in disputes or conflicts if:
13.1.1.   Operator is providing Services jointly with Provider
13.1.2.   Operator is providing Services
13.2. Operator may act as an arbiter (Arbitration) when settling disputes or conflicts between Customer and Provider on condition that:
13.2.1.   Operator is not providing Services alone nor jointly with Provider, presuming that:
·    Customer and/or Provider have given their consent for Operator to act as an arbiter
·    Customer and/or Provider have sent a request for arbitration to Operator
13.3. Arbitration of disputes and conflicts by Operator shall be handled by Operator’s Internal Arbitration service as stipulated in the Rules for Considering Disputes
 
 
ARTICLE 14. MISCELLANEOUS
14.1. Severability of the Agreement: in the event that any provision of the Agreement shall be found invalid, unlawful, or unfeasible to any degree, this shall not affect any of the remaining provisions of the Agreement, and the Agreement shall be interpreted and construed as if the provision found to be invalid, unlawful, or unfeasible had never been included in the Agreement, or the provision found to be invalid, unlawful, or unfeasible shall be interpreted and construed in such a way as to provide the greatest validity, legality, and feasibility possible in accordance with the Agreement and within the applicable law
14.2. Notifications: all correspondence and exchanging of messages and/or information under the Agreement between Parties shall be done in written electronic form unless other forms of communication are necessary for the proper provision of Services and/or are stipulated by Parties separately