Terms and Conditions for KYC Identity Pack, KYC Company Pack and Full KYC (the “KYC Bundles”) on kyc.practice.legal

1. PREAMBLE

1.1 These Terms and Conditions ("T&Cs") apply to the KYC Bundles offered via the website https://kyc.practice.legal, comprising provision, or arranging for, legal translation of documents, arranging for their certification by notary public and arranging for apostille services (the "Services"). The Services don’t include any legal advice and other legal services. The Services are personalized services which are delivered by e-mail or as hard copy documents and they don’t fall into the definition of electronically supplied services. The place of supply of the Services is Sofia, Bulgaria.   

1.2 The Services are arranged, and provided, by Kirill Olegovitch Zabelin, a solicitor of England & Wales, trading as “Practice Legal” and registered as a freelance provider in Bulgaria with BULSTAT no. 181350924. Kirill Olegovitch Zabelin and Practice Legal are also referred hereunder as “we”, “us”, “our”. The client who becomes a party to these T&Cs is also referred as “you”, “your”, “client”.

1.3 Practice Legal is not a body corporate and it is not authorized by the Solicitors Regulation Authority (“SRA”), and Kirill Olegovitch Zabelin is not subject to minimum limit of professional indemnity insurance. Therefore, certain regulatory protections such as the SRA Compensation Fund (SCCS) may not apply. For insurance details please refer to section 7 below.

1.4 Practice Legal does not provide regulated legal services under the UK Legal Services Act 2007. Kirill Olegovitch Zabelin, as a legal professional, is regulated by the SRA Overseas and Cross-border Practice Rules.

2. APPLICATION

2.1 These T&Cs, the Order form together with any quote sent to you via the kyc.practice.legal platform, form the entire agreement between you and Practice Legal. For the avoidance of doubt, the quote will be entitled “Schedule”. The terms in the Schedule prevail over these T&Cs.

2.2 Before you are able to press the “Apply” button at https://kyc.practice.legal you need to tick the box, confirming that you agree with these T&Cs. You are encouraged to read these T&Cs carefully. Any questions should be sent to info@kyc.practice.legal before proceeding.

2.3 If you press the "Apply" button, you will be deemed to have accepted these T&Cs.

2.4 The contract is only effective in relation to provision to you the Services on condition that :

• you complete the Onboarding process (clause 4.1) (if required);
• you make payment of invoiced amount in full;
• your representations in clause 3.2 below are accurate; and
• either you, or the use of Services, don’t fall in any of the categories listed in clause 3.1.

3. SERVICE LIMITATIONS AND ELIGIBILITY

3.1 The Services are not available for :

• UK, US or Canada residents or companies incorporated in the UK, US or Canada;
• Use in UK, US or Canada;
• Use solely in your country of residence or country of incorporation of the legal entity which you represent.

3.2 By ordering the Services, you represent and warrant that:

(i) you and (if relevant) the entity which you represent, or the use of the Services, don’t fall into any of the categories in the clause 3.1;  

(ii) the request for Services does not violate any law or regulation applicable to you and (if relevant) the entity which you represent;

(iii) the information provided in the Order Form on the website https://kyc.practice.legal is accurate and identifies you correctly, specifically:

• your “Name” and “Surname” refer to you personally;
• your “Email” address belongs to you and it is under your control; and
• if applicable, the “Company Name”, “Country of Incorporation”, and “Incorporation Number” accurately identify the company which you represent or in which KYC you have a lawful interest (such as without limitation a partner, client, counterparty);

(iv) The services are not being requested for any unlawful, fraudulent, or unethical purpose, including but not limited to money laundering, terrorism financing, breach of any sanctions, or evasion of legal obligations; and

(v) All documents submitted originate from lawful sources and relate to lawful transactions or personal matters;

(vi) Requesting the Services does not conflict with any existing legal obligation or restriction, court order, or fiduciary duty applicable to the client.

(vii) The client has the full legal capacity and authority to request the Services, whether acting on their own behalf or as a duly authorised representative of another person or legal entity.

We reserve the right to request information about the intended purpose of the Services as part of our onboarding process (see clause 4.1).

3.3 You further represent and warrant that:

• You are proficient in English language and you can fully understand the terms of these T&Cs and all the information published at the English language version of  www.kyc.practice.legal; 
• All information provided in the Order form at www.kyc.practice.legal is accurate and up-to-date;
• You read all FAQs published below the Order form at www.kyc.practice.legal and understood how the Services will be performed, including without limitation what is meant by e-signature, apostille, how and when you will pay for the Services, the information that you need to ask to the intended recipient before ordering the Services;
• If it is reasonable to expect that any delay or other breach under the contract with us for prevision of the Services might cause to you a loss greater than 3 times the amount you are invoiced and paid to us, you have taken appropriate legal advice before you ordered Services;  
• All information, documents, and declarations provided to us, including in the Order form at www.kyc.practice.legal are true, complete, and not misleading to the best of the client’s knowledge and belief;
• The notarised, apostilled, or translated documents will be used only for lawful purposes and in accordance with applicable laws;

3.4 The client will cooperate fully and promptly with all reasonable requests for identity verification or other due diligence required by law or regulation.

3.5 The client undertakes to promptly inform us of any material changes to the information provided, including any facts that may affect the validity or use of the Services rendered.

3.6 The translations included in the KYC Bundles will be made by professionals suitably qualified to make translations, including where appropriate by us, and/or translation firms operating within the EEA. Unless we are instructed otherwise, we will send to you the draft translations for your review. We are not responsible for the accuracy of the translation of proper names, company names and other entities, geographical names, words with multiple meanings that may be translated differently depending on the context, for the use of assigned terms in the document, or for the consistency of the translation with other previously completed translations, including when using the Services. This is your responsibility to check and approve draft translations sent to you.

3.7 Translation depends on the translated languages, availability of translators and other factors which we can’t control. The first 500 words of a document is included in the price shown at www.kyc.practice.legal. In excess of this allowance the translation is billed at the rate EUR 0,15/word unless another pricing is offered in the quote.  

3.8 Sanctions clause. The Parties shall comply with all applicable sanctions, export control laws, and trade restrictions imposed by the European Union, United Nations, United States of America, United Kingdom, or any other competent authority with jurisdiction over the Parties or the subject matter of these T&Cs (“Sanctions Laws”).

The client represents and warrants that neither it nor the entity which the client represents, any of their affiliated entities, directors, officers, or ultimate beneficial owners is a sanctioned person or is otherwise the subject of any restrictions under applicable Sanctions Laws. The client confirms that the legal services provided under this agreement shall not, directly or indirectly, be used for the benefit of or in connection with any person, entity, country, or territory subject to EU, UK, US, UN or other relevant sanctions.

If at any time the provision of Services under this agreement would result in a breach of applicable Sanctions Laws, we shall have the right to suspend or terminate performance of our obligations with immediate effect, without liability, and without prejudice to any other rights.

4. INSTRUCTION PROCESS

4.1 After pressing “Apply” at www.kyc.practice.legal we will take reasonable measures to send to you the quote within 48h together with (if applicable) either a questionnaire or link to external KYC provider to complete our Onboarding process. We may refuse to issue to you a quote and/or decide that you didn’t complete the Onboarding process based on regulatory, compliance, or professional capacity reasons and the contract in relation to provision to you the Services will not be concluded. Our decision to issue you a quote depends on your specific situation and documents as well as availability of third-party professionals (translators, notaries) which means that we take no responsibility for refusal to provide to you the Services and we will not be required to give to you the reasons. Any suspicious activity can be reported in accordance with applicable legislation.

For the avoidance of doubt, you entered into a contract with us in relation to the Services if A) you received to the email provided by you in the Order form: i) these T&Cs signed by us, ii) Schedule signed by us, iii) our invoice, and B) you paid or arranged payment from the bank account of the payee shown on our invoice. 

4.2 The delivery timeframe is:

• KYC Individual Pack: 5 (five) business days from receipt from you of all information and documents listed in the quote (unless other timeframe is specified in the quote); we will, however, aim to complete within 2-3 business days;
• KYC Company Pack: 10 (ten) business days from receipt of all information and documents listed in the quote (unless other timeframe is specified in the quote); we will, however, aim to complete within 3-5 business days;

“business day” will include Monday to Friday (both inclusive) except bank holidays in Bulgaria; the quote may designate certain days as being outside “business day” definition. 

4.3 The timeframes in clause 4.2 shall be extended by the time necessary for documents translation. If the documents exceed 500 words, the timeframes stipulated in clause 4.2 shall be extended by one business day for each additional block of 1,500 words.

4.4 Where delivery exceeds 5 (five) business days (for KYC Individual Pack) or 10 (ten) business days (for KYC Company Pack), or longer period if extended by the clause 4.3, the client may request refund or re-performance provided the delay was not caused by the client. The refund can be made as provided in clause 5.4. This contract can be terminated on the terms laid down in Section 10.

4.5 client Responsibilities: The client shall provide all necessary information, documentation, promptly approve the translations required for the completion of the Services in a timely manner, and attend on-line meetings with a notary or arrange presence of the persons required to complete the Services at such on-line meetings.

We shall not be liable for any delays or failures in the completion of Services arising directly or indirectly from your failure to provide the necessary information, documentation, or approvals. This includes, but is not limited to: (i) failure to respond to requests for information or documentation, (ii) delays in signing off on necessary approvals for translation drafts or related services, (iii) absence or failure to arrange presence of relevant persons at the meetings with a notary.

In the event of such delays, we shall be entitled to a reasonable extension of time for the completion of the Services, commensurate with the period of delay caused by you.

To the extent reasonably practicable we will notify you of any anticipated delays and costs resulting from your failure or delay. You and we agree to use commercially reasonable efforts to mitigate the effects of any delays caused by your failures and delays. However, before proceeding with the Services we may require you to settle additional invoices for the costs occurred due to such delays. 

4.5 You will be deemed to have accepted the Services if no written complaint is received at info@kyc.practice.legal within 5 (five) business days after the delivery by e-mail or courier of the finalized documents. The documents will be deemed delivered by e-mail provided that they were sent to your designated email address and no automatic response of failed delivery has been received. The documents will be deemed delivered by courier if the receipt is confirmed by a signature collected by a courier service at the address you provided. If the courier failed to deliver documents at the address you provided then they shall be deemed delivered to you unless you agree pay all costs of re-routing of the delivery or re-execution of the documents (if needed) or re-delivery of documents to you in electronic form.   

We shall not be liable for any delays or failures in delivery due to issues related to your email service, including without limitation the receipt of our emails to your Spam folder or your email box is full. All emails that you can receive from us will be sent to you from *@kyc.practice.legal and *@practice.legal emails. It is your responsibility to check that you send and receive emails to/from correct email addresses. We disclaim any responsibility for the emails received by you from any other email addresses.

You are solely responsible for the safekeeping and security of the digital files received. We will not be liable for any loss, damage, or unauthorized access to the files once they have been deemed delivered to you.

The client understands and acknowledges that unless hard copies of the documents are specifically ordered, all documents will be delivered electronically via email. The digital files will be signed using Qualified Electronic Signature (QES) (compliant with the Regulation (EU) N°910/2014) to certify authenticity.

5. PAYMENT AND FEES

5.1 Fees must be paid either by payment link (Revolut or similar provider) or via bank transfer, following successful Onboarding process (please, refer to clause 4.1).

5.2 All prices include the cost of notarial certification, cost of translation (if included if the Service), cost of apostille (if included in the Service). Unless specified in the quote, the price does not include: (i) the cost for sourcing corporate certificates (extracts from companies register) and other documents; (ii) additional costs of any delay due to the client including without limitation any rescheduling of on-line meetings with a notary; (iii) making changes to already translated documents unless such changes are reasonable; (iv) making copies (incl. electronic copies) of the documents already delivered; (v) sending the documents to any email address other than your contact address specified in the Order form; (vi) fulfilling any work other than naturally related to the provision of the Services. You will need to cover such costs before we send to you finalized documents.  

5.3 If the Service cannot be performed due to the client's breachincluding without limitation a failure to provide information or documents within 3 (three) business days of request, a refund will be issued less the costs of any completed work. 

5.4 If the refund is issued less the costs of any completed work, the costs will include the external costs (notarization, apostille, translation; either actually paid or owed to be paid) and the cost of our work at the rate of 200 Euro per hour limited by the amount actually paid by the client. A full refund will be issued to you on our initiative or after your request a) in the circumstances described in clause 4.5.; b) in all other circumstances where we decided to make a full refund in our discretion. Refunds are performed using the payment method used to make the original purchase unless otherwise is permitted by applicable law. Refunds take different amounts of time depending on how you paid. Usually, a refund takes 2-10 days but may take up to 45 days for certain payment methods. If you need a refund for a purchase, please send us a refund request.

5.5 Together with the quote you will be issued an invoice. VAT will not be invoiced due to Bulgarian regulations which require VAT registration and issuance of VAT invoices certain conditions has been met. Should the VAT be applicable in the future, you will be notified in the quote. All approximate prices at kyc.practice.legal are given excluding VAT.

5.6 All our invoices are due within 5 (five) business days of their issue. The Services must be paid 100% in advance unless otherwise specified in the quote. By making payment you accept the quote, these T&Cs and the contract is made between you and us. If any invoice issued to you is not paid when due then we have the right to cancel it without further notice and deactivate the payment link. If any additional costs are still due as explained in the last sentence in clause 5.2 then we will issue additional invoice and send to you a payment link.

5.7 Until all our invoices are paid in full, we have the right to retain the documentation that you ordered as a part of the Services.

5.8 Please note that we will suspend all Services from clients from whom we have received any chargebacks. All chargebacks, made without a preliminary request for a refund with us, may be reported as a fraud to authorities under applicable law.

5.9  If you request payment in a currency other than EUR or BGN (Bulgarian Lev), we will use reasonable efforts to let you pay in the requested currency, applying the exchange rate used by our bank or payment service provider at the time of invoicing. However, if exchange rate fluctuations result in us receiving an amount in EUR that is more than 1% lower than the amount we would have received had you paid in full on the invoice date, we reserve the right to issue a supplementary invoice for the shortfall caused by such fluctuations. We can accept only BGN (Bulgarian Lev) from residents of Bulgaria and companies incorporated in Bulgaria.

5.10 For marketing purposes we may pay referral fees to lawyers and other professionals who refer clients and their employers to us. Unless prohibited by law, such professionals may be paid up to 20% of the amounts billed to you as a referral fee. By ordering the Services you expressly consent to such payment.

6. LIMITATION OF LIABILITY

6.1 Unless our liability is excluded elsewhere in these T&Cs the maximum our liability (максималната отговорност) will not exceed (няма да надвишава) the largest of (i) 7 (seven) times the amount invoiced and paid by you for the Services in relation to which the breach occurred, if you are a customer and Annex 1 applies; and (ii) 3 (three) times the amount invoiced and paid by you for the Services in relation to which the breach occurred, if you are acting as a lawyer, legal professional or in other professional capacity or you are a self-employed or you are an incorporated or unincorporated entity or you ordered Services on behalf of such person or entity; or (iii) the minimum amount applicable to you under the applicable law in cases (i) and (ii).

6.2 Suitability of Services. We make no representations or warranties regarding the suitability of the Services for your particular purpose or needs or for a particular recipient. You acknowledge that it is your responsibility to evaluate the appropriateness of the Services ordered.

Under no circumstances we shall be liable for any indirect, consequential, or special damages, including loss of profits, even if it has been advised of the possibility of such damages (При никакви обстоятелства ние няма да носим отговорност за каквито и да било косвени, последващи или специални вреди, включително пропуснати ползи, дори ако е била уведомена за възможността за такива вреди). If the applicable law doesn’t permit the exclusion of liability in this paragraph then any such liability shall be limited as provided in clause 6.1.

You are responsible for ensuring the contents and format of the documents prepared for you as a part of the Services meet the requirements the final recipients. This includes communication with the recipients, including public authorities, to determine the suitability of the Services as different recipients may have different requirements. For example, acceptance of the documents by one recipient doesn’t mean that they will be accepted in the same form by another recipient or by the same recipient at a later time. The practices of public authorities and private recipients can evolve over time. We do not warrant that any authority or recipient will accept the documents; acceptance remains at their discretion.

In consequence, we don’t guarantee any particular results or outcomes from the use of the Services provided, and any reliance on such services is solely at your risk.  

6.3 No liability is accepted for (i) the use of documents contrary to the territorial exclusions in section 3 and (ii) in other circumstances expressly referred to in these T&Cs.

6.4 Neither party shall be liable for failure to perform its obligations under this contract if such failure results from force majeure (Нито една от страните няма да носи отговорност за неизпълнение на задълженията си по този договор, ако такова неизпълнение е резултат от непреодолима сила), including but not limited to (i) postal strikes or disruptions affecting the delivery of documents or correspondence; (ii) unavailability or delays in services provided by notaries or translators; (iii) actions, inactions or decisions of any public authorities; (iv) adverse climate conditions; (v) pandemic; (vi) economic sanctions.

The party affected by a force majeure event shall (i) promptly, but in any case, within one working day, notify the other party in writing of the nature and extent of the force majeure event causing its failure or delay in performance, and (ii) use all commercially reasonable endeavors to mitigate the effects of the force majeure event upon the performance of its obligations. Upon the cessation of the force majeure event, the affected party shall resume the performance of its obligations as soon as reasonably practicable. If the force majeure event prevents a party from performing its obligations for a continuous period of more than 30 days, either party may unilaterally terminate this agreement by giving 7 days written notice to the other party.

7. INSURANCE

7.1 You will not be covered by insurance on the SRA's minimum terms and conditions. However, we put in place alternative insurance arrangements: our Professional liability is insured up to EUR 500,000.00 by Lloyd’s Insurance Company S.A., with offices at: Lloyd’s, Bastion Tower, Place du Champs de Mars 5, Brussels, 1050, policy number PI25PR0081, territory of insurance: worldwide excluding US and Canada.

8. CONFIDENTIALITY AND DATA

8.1 Any information and documents submitted by the client, on client’s behalf, will be kept confidential and used to perform the Services. By agreeing to these T&Cs you give to us your consent (unless withdrawn under applicable law) for use of your name and the name of the company that you represent in our marketing materials. The personal data you submit to us will be processed according to the Privacy Policy published at www.kyc.practice.legal which terms are incorporated hereby reference.

8.2 Practice Legal may engage third-party service providers located with the EEA and UK (e.g., for translation, notarization or apostille) in which case you give to us your consent to share the information and documents submitted by you, or on your behalf, with such third-party service providers which have their own privacy policies and confidentiality rules. You acknowledge that their confidentiality rules may not provide similar protection in their terms and conditions which we are usually unable to negotiate.

8.3 We retain all intellectual property rights, including but not limited to copyright, in and to all translations produced as part of the services provided under this agreement (hereinafter referred to as "Translations").

Upon full payment for the Services rendered, we grant you a non-exclusive, non-transferable license to use the Translations for their intended purpose. This license shall not include the right to modify, reproduce, distribute, or create derivative works from the Translations without our prior written consent.

The client agrees not to assert any claims of ownership or authorship over the Translations, and shall not contest the service provider's rights in the Translations. The client agrees to provide appropriate attribution to us in any use of the Translations, where applicable, unless otherwise agreed in writing.

All rights not expressly granted to you in this clause are reserved by us. You acknowledge that no rights, title, or interest in the Translations are transferred to you beyond those expressly granted herein.

If any third-party materials are included in the documents submitted to us, we shall not be responsible for any infringement of third-party rights by Translations, and it is your responsibility to ensure that we have the necessary rights to use such materials for translation purposes.

9. CONFLICTS OF INTEREST

9.1 The provision of the Services (including, but not limited to, notarization, apostille, and translation) is deemed to conclude our contract upon delivery of the Services, and no continuing duty to you shall arise thereafter (other than in respect of confidentiality and processing of personal data).

9.2 By instructing us, you accept that the limited nature of our engagement permits us to act or provide advice to other clients whose interests may potentially or actually conflict with yours, provided such instructions concern unrelated matters and the confidential information acquired from you is not disclosed.

9.3 If, before a contract is concluded, we identify a potential or actual conflict of interest with an existing client or matter, we reserve the right to decline to provide a quote and to refrain from entering into any contract with you. In such cases, no contract will be formed, and we shall have no further obligation to you.

10. TERMINATION AND CANCELLATION

10.1 Given the nature of the Service, in the Order form you gave consent to immediate provision of the Services which means that you waive the right to terminate this contract within 14 days of acceptance.

10.2 If any applicable law gives you the legal right to terminate this contract after it becomes effective or you purport to cancel the contract by requesting a refund, then, provided that the Services have been delivered to you or we already started to provide the Services to you, you will be obliged to reimburse the costs of the Services, including the external costs (notarization, apostille, translation) and the cost of our work at the rate of 200 Euro per hour limited by the amount you actually paid.

10.3 The contract between you and us in relation to the Services will be terminated automatically, or if not permitted by applicable law, it will be terminated unilaterally by us, without any claim to court or arbitration, in each of the following situations:

1) the Services are not delivered in time without your fault and you are given a full refund (clause 4.4);

2) the Services can not be performed due to your breach, including without limitation a failure to provide information or documents (clause 5.3) and you are given a partial refund (if any refund should be done);

3) you are in breach of any of representation and/or warranty in clause 3.2;

4) in cases referred to in clause 3.8;

5) in case of force majeure if we decide to terminate the contract on the terms of clause 6.4.

10.4 You can terminate the contract between you and us in relation to the Services unilaterally, without any claim to court or arbitration, at any time in which case we will proceed to a refund less the costs of any completed work on the terms of clause 5.4.

11. COMPLAINTS

11.1 We’re committed to making sure you have a great experience with our Services, so if you have any questions or issues with your purchase, we’d love to hear from you as soon as possible so we can help you resolve the issue. We try to respond to most inquiries via email within 24 hours during our business hours of Monday-Friday, 10:00-17:00 (except bank holidays).

11.2 All complaints must be submitted to info@kyc.practice.legal before acceptance or deemed acceptance of the delivery of the Services (see clause 4.5).

11.3 Failing to submit a complaint within this period will mean that you irrevocably accepted the Services. Any full or partial reimbursement in case of late complaint will be in our sole discretion.

11.4 Nothing in these T&Cs limits liability for death, personal injury, fraud or any liability that cannot be limited by law.

12. GOVERNING LAW AND JURISDICTION

12.1 These T&Cs shall be governed by and interpreted in accordance with Bulgarian law.

12.2 Before initiating any proceedings, the client agrees to follow the mandatory complaint procedure set out in this clause. The client must submit a formal written complaint entitled “Formal Complaint”, including all relevant supporting documentation, to us by email at info@kyc.practice.legal. Upon receipt, the Company will acknowledge the complaint and will provide a resolution within eight (8) weeks from the date of receipt, unless shorter period is provided by applicable law. However, we will aim to decide on the complaint within fifteen (15) calendar days. If the client is not satisfied with the Company’s final response, or if no response is received within the eight-week period, the client may proceed to resolve the dispute as provided in clause 10.3.

12.3 Save to clause 10.2, all disputes arising out of or in connection with this contract, including those relating to its interpretation, validity, performance or termination, shall be referred to and finally resolved by arbitration before the Court of Arbitration at the Bulgarian Chamber of Commerce and Industry (BCCI), in accordance with its rules. The seat of arbitration shall be Sofia, Bulgaria, and the proceedings shall be conducted in the English language. The parties expressly agree that the arbitration may, at the request of either party, be consolidated with or joined to any other arbitration proceedings commenced against or involving the insurer of either party under a related insurance policy, provided that such arbitration also proceeds before the Court of Arbitration at the BCCI and the joinder or consolidation is permitted under the applicable rules. The parties agree that the insurer will have the right to join as a third party to the proceedings, subject to its consent and the tribunal’s approval.

13. UPDATES AND OTHER CONDITIONS

11.1 These T&Cs, version 1.9, may be amended from time to time and will be updated on https://kyc.practice.legal.

11.2  If you are considered a customer in your country of residence when you enter into a contract with us for the Services then these T&Cs apply unless modified by Annex 1 and the quote.