Public offer for legal services

Individual Entrepreneur Andrei Viktorovich Svirin, INN 772872317733, OGRNIP 322774600176722, hereinafter the “Service Provider”, hereby offers individuals, individual entrepreneurs and legal entities, hereinafter the “Client”, the opportunity to enter into a contract for the provision of services for consideration on the terms set out below. The Offer is published at the following Internet address: https://shum.moscow/legal/public-offer/

1. Terms and Status of the Document

1.1. Offer means this document, which contains the general terms of the contract and is addressed to an indefinite group of persons within the meaning of paragraph 2 of Article 437 of the Civil Code of the Russian Federation.

1.2. Enquiry means a request from the Client through the website, email, messenger, telephone or another means describing the subject matter and proposed questions. An Enquiry does not in itself constitute acceptance of the Offer or oblige the Service Provider to accept the engagement.

1.3. Order Invoice means a paper document, electronic document or electronic message prepared by the Service Provider that defines the individual terms of a particular order: the type of service, object, questions, materials, price, payment procedure, time frame, format of the result and other particulars. The Order Invoice becomes part of the contract upon acceptance of the Offer.

1.4. Services means legal analysis of a noise dispute, consultations, preparation of applications, formal demands and procedural documents, negotiations and representation within the engagement. The specific scope, limits of the work and form of the result are defined by the Invoice-Order within the Service Provider's competence.

1.5. Service Result means a consultation, legal opinion, prepared document, participation in an agreed action or another result specified in the Invoice-Order. The content and form of the result depend on the engagement.

1.6. Subject Matter means documents, measurements, correspondence and materials concerning the noise dispute specified in the Invoice-Order.

1.7. Materials means documents, copies of case materials, correspondence, images, audio and video recordings, links and other information lawfully submitted by the Client for performance of the engagement.

1.8. Client means an individual, individual entrepreneur or legal entity that has concluded a contract with the Service Provider by accepting this Offer. The Offer's terms apply to Clients regardless of their legal status, unless mandatory provisions of Russian Federation law expressly provide otherwise. Where the law grants a particular category of Clients additional rights and guarantees, the Offer's provisions do not restrict those rights and guarantees. The Client may order a service in another person's interests where this complies with the law and the nature of the service. The recipient of the result is specified separately; such an order does not in itself confirm authority to represent that person or the other person's consent to processing of their data.

1.9. Payer means the Client or a third party making payment for a specific Invoice-Order on the Client's instructions or in the Client's interests. Payment by a third party does not in itself make them the Client or recipient of the service result and does not give them a right to demand a predetermined conclusion. The recipient of the result is determined by the Client with regard to confirmed authority and legal requirements.

1.10. Representative/defence counsel means an advocate, defence counsel, representative of the Client or another authorised person who may, on the Client's instructions, transfer materials, formulate questions and receive the result within the scope of confirmed authority. Authority is confirmed by a written message from the Client through an agreed communication channel, a power of attorney, an advocate's warrant or another method provided by law, taking into account the nature of the particular action and the content of the relevant document. The Service Provider may request confirmation of authority. Authority to transfer materials in itself does not imply authority to change the assignment, approve additional expenses or receive the result.

2. Conclusion of the Contract and Acceptance

2.1. Before preparing an Order Invoice, the Service Provider may assess whether the materials are sufficient, the assignment falls within their competence, there is no conflict of interest, the time frame can be met and the necessary conditions are in place. Before acceptance, the Service Provider may decline to prepare an Order Invoice without giving reasons.

2.2. Full and unconditional acceptance of the Offer consists of full payment for the services, or partial payment expressly provided for in the Order Invoice, by the Client or by a third party on the Client's behalf and instructions. Where payment is made by a third party, the Client's intention to enter into the contract and the allocation of the payment to a particular Order Invoice must be confirmed by agreed correspondence, a statement of the payment purpose or other reliable information. The amount of the payment constituting acceptance of the Offer is specified in the Order Invoice. In the case of partial payment, the amount paid forms part of the total cost of the services and is credited in the final settlement. The Order Invoice must contain a reference to the Offer and the date of its version. Where online payment is used, acceptance also consists of the Client simultaneously ticking the box indicating agreement with the Offer and making the payment provided for in the Order Invoice. The Client may accept the terms of this Offer only by acceding to them in their entirety. Partial acceptance of the Offer, conditional acceptance or acceptance with reservations is not permitted. The individual terms of a particular order are determined by the Order Invoice and are deemed agreed simultaneously with acceptance of the Offer.

2.3. The contract is deemed concluded when the payment constituting acceptance of the Offer is credited to the Service Provider's account or when such payment is confirmed by the payment operator. The requirement for the contract to be in writing is deemed satisfied.

2.4. The contract consists of the Offer, the accepted Order Invoice, the Request and the documents and messages agreed by the Parties. Separately signing a paper contract or individual assignment is not required to accept the Offer in the manner it provides, although the Parties may agree to prepare and sign them on paper. The use of electronic documents and electronic exchange channels is not mandatory.

2.5. The Invoice-Order contains the individual terms of the specific engagement: type of legal assistance, subject matter, necessary materials, actions of the Service Provider, result and its form, timeframe, cost, payment procedure, expenses and other agreed particulars.

2.6. The Service Provider may amend and supplement this Offer by publishing a new version at the address specified in this Offer. The new version applies only to contracts accepted after the date of its publication and does not change the terms of previously concluded contracts. Separate notification of persons who have not accepted the Offer about the publication of a new version is not required. The version of the Offer specified in the relevant Order Invoice applies to a previously concluded contract. The terms of an already concluded contract may be changed by written agreement of the Parties, including by means of an addendum, a new Order Invoice or an exchange of electronic messages that reliably establishes the intentions of the Parties. The Service Provider may, without separate notice, correct obvious typographical errors, technical errors and inaccuracies in the published text, provided that such corrections do not change the subject matter, cost, time frames, payment procedure, scope of the Parties' obligations or other terms of previously concluded contracts. The Service Provider maintains an archive of versions of the Offer and information about their periods of validity.

2.7. The Order Invoice may be provided to the Client on paper in person, by post or by a delivery service, or sent to an agreed email address, including as a PDF file or the text of an electronic message, through an electronic document management system or another agreed channel. The method of provision is agreed by the Parties; an electronic format is not mandatory. Before making the payment constituting acceptance, the Client is provided with the individual terms of the order and the applicable version of the Offer on paper or electronically, including by means of a link. Separately signing the Order Invoice is not required unless a different procedure is expressly established in it or by law. Merely providing the Order Invoice without the prescribed acceptance does not mean that a contract has been concluded.

3. Subject Matter and Scope of Services

3.1. The Service Provider provides legal services within the scope defined by the Invoice-Order and delivers the agreed result to the Client or a recipient authorised by the Client. The Client provides the necessary materials, accepts the services and pays for them.

3.2. The subject of the engagement, scope of actions, list of documents, form of the result, cost, timeframes and limits of representation are specified in the Invoice-Order. Individually agreed terms apply to the specific order.

3.3. New claims, additional documents, attendance at new hearings, appeals and other actions outside the agreed engagement are carried out after separate agreement on the terms.

3.4. The Client may submit the prepared documents to a court or another authority. The Service Provider does not guarantee their acceptance or a particular decision in the case: the outcome depends on the facts, evidence and actions of third parties.

3.5. Legal analysis and document preparation do not in themselves include technical measurements or an expert examination. Investigation of air, ventilation or noise levels is carried out by a relevant specialist only by separate agreement. Representation requires confirmation of authority.

4. Professional performance and limits of the engagement

4.1. The Service Provider independently determines the legal arguments and methods for performing the agreed engagement within the law, source information and professional assessment; Client instructions that contravene the law are not followed.

4.2. The conclusions of legal analysis cannot be predetermined by payment. The Service Provider informs the Client of significant obstacles, insufficient documents, conflicts of interest and circumstances that may affect the timeframe or scope of the engagement.

4.3. The Client's failure to obtain the expected judicial, administrative or financial outcome does not in itself establish improper provision of the agreed service. Concerns about the quality of services provided are considered on their merits.

4.4. Typographical errors and obvious technical errors identified by the Service Provider in a prepared document are corrected without additional charge. Changes to the engagement and reworking a document due to new circumstances are agreed separately.

4.5. Information about a particular specialist's qualifications, education and authority is provided on request with regard to the type of engagement. Authority to represent is formalised in the manner prescribed by law.

5. Rights and Obligations of the Service Provider

5.1. The Service Provider must act in good faith, comply with the agreed scope of the engagement, safeguard documents received and the confidentiality of information, and promptly report obstacles to the work.

5.2. The Service Provider may request additional documents and explanations and, pending their receipt, suspend work to the extent necessary for proper performance; the Client is notified of the suspension.

5.3. Assistants and specialists may be engaged within agreed limits and in compliance with confidentiality and personal data requirements. The need for paid measurements and expert examinations is agreed separately.

5.4. The Service Provider may propose a change to the engagement if the information provided indicates that it cannot be performed within the agreed limits. The consequences of contract termination are determined by law and section 11 of the Offer.

5.5. Documents are submitted to a court, authority or third party only within the authority granted and the agreed engagement. The Client provides a power of attorney and other evidence of authority where necessary.

6. Rights and Obligations of the Client

6.1. The Client provides complete and accurate information and lawfully obtained documents and materials, and discloses procedural deadlines, documents previously filed and circumstances that may affect provision of the legal service.

6.2. The Client ensures the lawfulness of obtaining and submitting documents, information and third parties' data, and reports restrictions on their use. If documents are submitted by a representative, the Service Provider may request confirmation of their authority and the legal basis for submission. The Client's assurances do not relieve the Service Provider of its own legal obligations.

6.3. The Client promptly provides documents available to them, information on case progress and evidence of authority where these are necessary to perform the engagement.

6.4. The Client must respond promptly to the Service Provider's requests, approve additional expenses, accept the result and make payment.

6.5. The Client may obtain information on work progress and submit reasoned comments on whether the service provided complies with the Invoice-Order terms.

6.6. The Client reports procedural deadlines known to them, restrictions on access to documents and the legal consequences of their late submission. The Parties agree what action to take if the engagement cannot be performed within the established timeframe.

6.7. The Client or the person transferring the materials reports any known restrictions on their use and disclosure, including state secrets, commercial secrets, advocate–client privilege, medical confidentiality and other legally protected secrets, information from a preliminary investigation and special categories of personal data. Such materials are transferred only where there is a proper legal basis and the conditions required by the relevant regime are in place. The mere act of sending materials does not override restrictions established by law.

7. Submission of documents and materials

7.1. The Parties agree the list of original documents and copies, method and date of delivery. When originals are delivered, an inventory, transfer record, postal confirmation or other evidence of the materials delivered is prepared.

7.2. The Client is responsible for the accuracy of the circumstances reported and the lawfulness of obtaining and submitting documents and other persons' data. The Service Provider uses them within the agreed engagement and applicable law.

7.3. The Client reports judicial and other procedural deadlines, the current status of the case, documents already filed and restrictions on use of the information submitted.

7.4. The Service Provider may create working copies of documents necessary to prepare the result, exchange messages and confirm performance. Copies must be deleted or destroyed after the applicable periods expire unless another legal basis exists.

7.5. The procedure for returning originals and storage media is specified in the Invoice-Order or agreed in correspondence. The Client provides an address and method for receiving them; delivery costs are determined by agreement between the Parties.

8. Cost and Payments

8.1. The cost, payment procedure and payment deadlines are specified in the Order Invoice. Unless otherwise specified, services are subject to 100-percent advance payment.

8.2. The Order Invoice may provide for 100-percent advance payment or partial payment followed by payment of the remaining cost. The amount of the payment constituting acceptance of the Offer, the remaining cost and its payment deadline are specified in the Order Invoice.

8.3. In the case of partial payment, the amount paid is credited in full towards the total cost of the services and is not a separate fee for concluding the contract, an earnest-money deposit, a penalty or a commission.

8.4. Payment may be made by the Client or by a third party on the Client's behalf. Where payment is made by a third party, the payment reference or a message to the Service Provider must state the number and date of the Order Invoice, information about the Client, or other information that reliably identifies the order being paid for. The Client's obligation to make the relevant payment is deemed fulfilled to the extent paid from the moment the funds are credited to the Service Provider's account or the payment is confirmed by the payment operator.

8.5. If the Invoice-Order provides for subsequent payment, the Service Provider sends notice that the agreed result is ready and a calculation of the remaining fee to the contact details provided by the Client.

8.6. A condition requiring final payment before delivery of the result applies only to the extent permitted by law and the individual terms. The Client retains statutory rights to information and cancellation of the contract.

8.7. The value added tax status is stated in the Order Invoice and payment documents.

8.8. State duties, postal and travel expenses, measurement costs and fees of engaged specialists are not included in the legal service price unless expressly stated in the Invoice-Order. Necessary additional expenses are agreed in advance.

8.9. The Service Provider issues a cash register receipt or another payment document in the cases and in the manner provided for by law. When an advance payment is received and subsequently applied, when final settlement is made, when funds are refunded and in other settlements, cash register receipts are generated with the appropriate settlement and payment method attributes in accordance with the requirements of the legislation of the Russian Federation. The cash register receipt is sent to the email address or subscriber telephone number provided by the Client, or delivered by another method provided for by law.

8.10. This Offer does not establish a contractual penalty, fine or late payment charge. If payment is overdue, the Service Provider may suspend services or delivery of the service result until the amount specified in the Invoice-Order is received, after notifying the Client in advance. The absence of a contractual penalty does not relieve the Client of the obligation to pay for services actually provided and agreed expenses.

9. Service delivery period

9.1. The timeframe for performing the engagement is specified in the Invoice-Order. Unless otherwise provided, it starts after receipt of the agreed payment, necessary documents and authority to perform the relevant actions.

9.2. If work cannot continue without documents, responses from the court or authority, access to the case or an action by the Client, the Service Provider notifies the Client of the obstacle and agrees the subsequent procedure and timeframe.

9.3. If the engagement's scope has increased substantially or additional actions are required, the Service Provider proposes changes to the timeframe and price. Without agreement, the original scope is performed to the extent possible.

9.4. The Service Provider notifies the Client of the delay and the expected new completion date through the agreed communication channel.

10. Delivery of the result and acceptance of services

10.1. The result may be provided to the Client electronically at the agreed address or on paper. By agreement between the Parties, the service acceptance certificate is sent by email or delivered on paper.

10.2. The Client may submit reasoned comments within five business days after receiving the result and service acceptance certificate. The Service Provider considers them on their merits and remedies substantiated deficiencies within the assignment's scope.

10.3. The absence of comments within that period may confirm acceptance of the agreed scope of services. This does not deprive the Client of rights that cannot be restricted by contract, including rights upon discovery of latent defects.

10.4. Legally significant communications are sent to the addresses and through the channels agreed by the Parties, with regard to Article 165.1 of the Civil Code of the Russian Federation. Electronic copies and correspondence may confirm the content of agreements to the extent permitted by applicable law.

11. Withdrawal from the contract and impossibility of performance

11.1. The Client may withdraw from performance of the contract at any time before the services have been fully rendered by sending a notice to the Service Provider at zapros@shum.moscow or to the Service Provider's postal address. Upon withdrawal, the Client reimburses only documented expenses actually incurred by the Service Provider in connection with performance of the specific Order Invoice before receipt of the withdrawal notice. No penalty or other separate fee is charged for withdrawal from the contract. The unused portion of the payment previously made is refunded to the Client after the amount of expenses actually incurred has been determined. If the expenses actually incurred exceed the amount of payment received, the Client pays the corresponding difference on the basis of the calculation and supporting documents sent by the Service Provider.

11.2. Expenses actually incurred are substantiated by documents concerning state duties, services of engaged specialists, delivery and other costs directly related to the engagement. A breakdown of the price into stages does not in itself establish a penalty or non-refundable amount.

11.3. If performance becomes impossible due to circumstances dependent on the Client, the consequences are determined by the legislation of the Russian Federation, taking into account the scope of actions actually performed and the expenses incurred by the Service Provider. If performance becomes impossible due to circumstances for which neither Party is responsible, the Client reimburses documented expenses actually incurred, unless otherwise provided by mandatory provisions of the legislation of the Russian Federation.

11.4. The Service Provider may withdraw from performance only in the cases and with the consequences permitted by law, including a refund of the unearned portion of the payment and compensation for the Client's losses where such an obligation is established.

11.5. If the engagement cannot be performed, the Service Provider sends a reasoned notice and a calculation of the work actually completed and substantiated expenses. By agreement, the result prepared up to that point may be delivered; further settlement is made in accordance with the law.

12. Confidentiality and personal data

12.1. The Service Provider maintains the confidentiality of information received in performing the contract. Access and disclosure are permitted only to the extent necessary where there is an appropriate lawful basis: to perform the contract, involve an agreed specialist, deliver the result to an authorised recipient designated by the Client, protect rights or comply with legal requirements. These cases do not override special restrictions on disclosure of legally protected secrets or processing of personal data.

12.2. Use of the Client's name, business name or trademark, case information, documents and the content of the result in advertising, a portfolio or publications is permitted with the relevant person's separate consent or on another lawful basis. The Client's consent does not in itself permit disclosure of other persons' data.

12.3. Personal data are processed to the extent necessary to receive the Enquiry, conclude and perform the contract, arrange payments, analyse documents, prepare and deliver the result, create necessary working copies and consider enquiries. Detailed terms are set out in the Personal Data Processing Policy on the Website.

12.4. Do not submit special categories of personal data or restricted-access information that are unnecessary for the agreed service. If such information is objectively necessary, the Parties determine the applicable legal basis, permissible scope and safeguards before its disclosure. Ordinary acceptance of the Offer is insufficient to replace special consent, authorization or another procedure required by law. In the absence of a proper basis, the information is not used to provide the service; the Service Provider ensures that access is restricted and the information is deleted in the manner provided for by law.

12.5. When working with criminal case materials, the applicable requirements of Article 161 of the Criminal Procedure Code of the Russian Federation are observed. If the provision of information to a specialist is permitted on condition of a written nondisclosure undertaking, that undertaking is executed separately before the relevant disclosure; acceptance of the Offer does not replace it. A proper warning that disclosure is prohibited and the authorizations provided for by law are taken into account when using the materials and delivering the result.

12.6. The obligation to maintain confidentiality continues after performance or termination of the contract within the restrictions established by law and agreed by the Parties. Returning or deleting materials does not authorise disclosure of confidential information previously received.

13. Liability

13.1. The Parties are liable in accordance with the law and the contract.

13.2. The Service Provider is not liable for consequences of inaccurate, incomplete or late information submitted by the Client, deadlines missed before the engagement was accepted, independent actions by the Client contrary to the agreed position, or decisions of third parties.

13.3. The Service Provider does not guarantee any particular judicial, administrative, insurance, commercial or other outcome.

13.4. The terms of this Offer do not apply to the extent that they limit the Client's rights granted by mandatory provisions of the legislation of the Russian Federation. Providing the same or more favourable contractual terms to all Clients does not change the legal status of the Parties as determined by law.

13.5. A Party is released from liability for a breach caused by extraordinary and unavoidable circumstances if it promptly notifies the other Party and substantiates their effect on performance.

14. Exchange of messages, claims and disputes

14.1. The Parties may exchange documents on paper in person, by post or through a delivery service and, by agreement, documents and messages by email, through a messenger, an electronic document management system and other channels that allow the sender and content to be established. The method of exchange is agreed by the Parties; electronic exchange is not mandatory.

14.2. General and contractual inquiries are sent to zapros@shum.moscow; notices of withdrawal from the contract — to zapros@shum.moscow; requests for refunds — to vozvrat@shum.moscow; claims — to pretenziya@shum.moscow; inquiries concerning personal data processing — to privacy@shum.moscow. The Service Provider's postal address: 117647, Moscow, P.O. Box 15.

14.3. A claim must contain information allowing the Client and the relevant Order Invoice to be identified, a description of the circumstances, a stated demand and supporting materials. The Service Provider considers the claim within the period established by the legislation of the Russian Federation. If no mandatory period is established by law, a response is sent within 15 business days from the date the claim is received.

14.4. The Parties seek to resolve disagreements through negotiations and the exchange of written inquiries. If a dispute cannot be resolved through negotiations, it is referred to a court in accordance with the rules of subject-matter and territorial jurisdiction established by the legislation of the Russian Federation. This Offer does not limit the Client's right to choose a court in cases where that right is granted by law.

14.5. The invalidity of an individual term does not entail the invalidity of the remaining provisions.

14.6. Email addresses and other channels for contractual exchanges are specified in the Order Invoice or agreed correspondence that allows the Parties to be reliably identified. The Order Invoice, materials, result, Certificate, comments, notices and approvals may be sent through them. If there are doubts concerning the sender or authority, the Service Provider may request confirmation. A change in the contact address or the recipient of the result is confirmed by the Client through the previously agreed channel or another reliable method.

14.7. The Parties permit the exchange of scanned copies of signed documents for contractual interaction and confirmation of the content of correspondence, unless mandatory legal requirements establish another form. A scanned copy is not automatically considered an electronic original bearing a qualified electronic signature. An electronic document may be signed with a simple or unqualified electronic signature where a procedure provided for by law or separately agreed by the Parties exists that allows the signatory to be identified. If necessary, the Parties agree on the exchange of paper originals or the use of an electronic document management system. The mere act of sending a document does not replace the recipient's consent or signature.

15. Particulars of the agreed service

15.1. The Client reports accurate circumstances and provides lawfully obtained materials. The Service Provider analyses them within the assignment's scope, reports significant deficiencies in the input data and agrees additional actions and expenses. Preparing a complaint or lawsuit, participating in court and providing support during measurements are separate actions and are included in the order only if expressly agreed. Where measurements are needed, engagement of a specialist or laboratory is agreed separately.

15.2. The Service Provider does not guarantee a decision by an authority or court, recovery of a particular amount or a measurement result. The outcome of the case also depends on evidence and other persons' actions. Legal analysis does not replace noise measurements; an out-of-court opinion does not replace a court-appointed expert examination. Confidential information and materials are used within the assignment and the law.

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