Terms & Conditions
1. General provisions
1.1. These rules and conditions (hereinafter – the Procedure) define the use of services provided by the website Actus Legale (domain name – ‘actuslegale’, irrespective of the extension of the domain name) (hereinafter – the portal or system) and regulate relationships between participants of the portal.
1.2. Terms used in the Procedure:
- Administrator – means a person, who has the rights of the administrator of the portal Actus Legale, is authorised to represent Actus Legale in relationships with visitors, users and specialists of the portal;
- Work – means an intellectual activity result published by the specialist on the portal – a document form, publication, webinar material, etc.;
- Visitor – means a person who browses the portal;
- User – means a person registered in the portal in the manner specified in the Procedure;
- Parties to the Portal – means the user and the specialist;
- Project – means the request confirmed by the parties on the portal;
- Specialist – means the user who has acquired the right in the manner specified in the Procedure to provide services, publish works and information about events;
- Request – means a request of the user (specialist) to the portal’s specialists to provide services;
1.3. Explanation of the terms:
- Where the time limit indicated in this Procedure expires on the respective calendar day, it shall expire irrespective of whether that day is a business day or not.
2. Purpose of the portal
2.1. The portal is a specialised information system of intellectual services in which users and specialists of different fields are provided with a possibility to register their accounts in order to implement information exchanges and provide services.
2.2. The portal is not a provider of intellectual services – these services are provided to users by specialists who have successfully registered in the portal. The portal is an intermediary who seeks to ensure fair behaviour of the parties to the service (the specialist and the user) and does not assume the responsibility for the quality of services provided or works performed by the specialist.
3. Registration, rights and obligations of the user
3.1. The person, who wishes to use the portal’s services, must get registered. The user’s account shall be activated automatically when the user confirms his e-mail. The successfully registered person (the portal’s visitor) shall become the user of the portal.
3.2. The user shall acquire the right to apply to specialists, obtain documents, register for events announced on the portal, and to use other services offered by the portal.
3.3. The user shall be responsible for the correctness of the content of requests and for the respectful treatment of other users and specialists.
4. Registration, rights and obligations of the specialist
4.1. The person who wishes to use the portal’s services and also to provide intellectual services or distribute his works on the portal must register his account as the specialist. The specialist’s account shall be activated by the administrator or his authorized person. The account is activated in 3 (three) days after specialist submits copies of documents that prove specialist’s qualification. Actus Legale shall not be held liable for the correctness of such document’s content and shall not be responsible for any losses or damage as a result of incorrect data about specialist or his qualification.
4.2. The specialist shall acquire all rights and obligations of the user and, additionally, the right to register on the portal his professional details, which are provided to interested visitors, users and other specialists to provide services, distribute works, register and promote events being organised, as well as the right to use other services offered by the portal.
4.3. The specialist shall be responsible for the correctness of the content of responses to users, correctness of the content of works, timely fulfilment of obligations and for the respectful treatment of other users and specialists.
4.4. The specialist who does not engage in economic activity can register his workplace as the entity pursuing economic activity.
4.5. The specialist who orders the service from another specialist or uses the portal’s services as the user shall acquire and exercise all rights and obligations applicable to the user.
5. Use of the portal
5.1. The user and the specialist shall log in to the portal by specifying their registered e-mail and password.
5.2. Both the user and the specialist can submit requests to other specialists. In order to narrow the number of recipients of requests, special requirements for specialists shall be set in the request filters. Requests submitted this way shall be provided to all specialists who fulfil the criteria of filters.
5.3. The request may also be submitted to the individual particular specialist.
5.4. Both the user and the specialist shall have the right to acquire the works of other specialists published on the portal, register for the events published on the portal.
6.1. Services provided on the portal (registration, search and communication systems) to interested parties shall be provided free of charge.
6.2. Services to users, when using the system, shall be provided directly by specialists and the price of services shall be agreed between the parties directly. The prices of works and events shall be specified by the specialists also directly on the portal.
6.3. If specialist provides price of his services, price should include VAT.
6.4. When specialist and client decide to execute payments via portal, specialists shall be charged at the rate of 5% (excl. VAT) from income received by the specialist when using the portal, however, not less than EUR 1 plus VAT for each transaction.
6.5. The portal shall automatically generate invoices for payment of security (pro-forma invoices) on behalf of the specialist.
6.6. The portal shall automatically generate invoices for services provided by the specialist or for works sold by the specialist in the name of the specialist. Each invoice shall be assigned series ‘ALS’, and the numbering of invoices shall begin from ‘1’.
6.7. All invoices may be downloaded in the section ‘Invoices’ of the account.
6.8. Taxation of services provided by Actus Legale shall be governed by law of the Republic of Lithuania.
7.1. A request means the user’s (specialist’s) request submitted to the portal’s specialists to provide services.
7.2. A request shall be submitted to all specialists of the portal who meet the criteria indicated in the request. The request may also include additional documents in electronic format and shall also specify the preferred price of the service.
7.3. The request data shall be available only to the user and to specialists whom request was delivered.
7.4. Having received a request, specialists can give their consent to provide services. By giving his consent, the specialist can also indicate additional conditions, and ask to pay in advance a part of the price or the total price of services.
7.5. The user, having received the specialist’s proposal, can accept the proposal. In that case, if the specialist has requested an advance payment, the user must pay to the portal the amount indicated by the specialist. The paid amount will be disbursed to the specialist only when he provides services of decent quality.
7.6. The confirmed request on the portal shall be designated as the ‘project’.
7.7. For the purpose of disbursement of funds paid to the portal in advance and for payment of the missing amounts, the specialist must submit a request to the user. The request shall be submitted by electronic means via the portal. When the user confirms the request, the funds shall be paid to the settlement account with the bank specified by the specialist.
7.8. The project shall be completed when the parties confirm its end.
7.9. The user shall have no right to assess publicly the quality of services provided by the specialist, but the quantity of finished projects and projects being implemented by the specialist as well as the number of works published by the specialist shall be shown in the specialist’s card.
8.1. A work means an intellectual activity result published on the portal – a form of a document, a publication, material of a webinar, etc.
8.2. A work published on the portal shall be accessible to all visitors of the portal, but may be acquired only by users and specialists.
8.3. The portal offers the functionality of search enabling to find the required work.
8.4. A work may be published on the portal only by the specialist. The specialist who publishes the work shall be responsible for its content.
8.5. When publishing a work, together with the main document the specialist can post a document for a preliminary review. The content of such document shall be accessible to the public.
8.6. Received funds shall be transferred to the specialist after 14 (fourteen) calendar days (within 5 (five) business days after expiry of this time limit), provided that the person who has acquired the work does not initiate a dispute.
8.7. The user can assess the acquired work according to the five star rating scale within 14 (fourteen) calendar days from the date of acquisition of the work.
9.1. An event means an event announced on the portal which is organised by the specialist announcing it (the organiser of the event).
9.2. The event announced on the portal shall be accessible to all visitors of the portal, but only users and specialists of the portal have the right to register for the event by sending an e-message via the system to the organiser of the event.
9.3. The portal offers the functionality of search enabling to find the required event.
9.4. Only specialists shall have the right to announce events on the portal. The specialist who has announced the event shall be responsible for its organisation.
10.1. Right to initiate a dispute.
- A dispute may be initiated by the user when the service provided by the specialist is of poor quality or is provided not in time.
- In addition, the user may initiate a dispute when the work acquired by him from the specialist is of poor quality.
- A dispute may be initiated by the specialist when the user fails to pay the agreed fee to the specialist or refuses to finish the project.
10.2. Time limits.
- A dispute may be initiated by any of the parties (the specialist and the user) before the end of the project.
- The specialist and the customer cannot initiate a dispute when the customer finishes the project by paying the requested fee to the specialist.
- The user shall also have the right to initiate the dispute within 14 (fourteen) calendar days after acquiring the wok of poor quality from the specialist.
10.3. Stages of a dispute.
- Negotiations. Upon initiation of a dispute, the time limit of 7 (seven) calendar days for negotiations shall be set for the parties. At this stage, the parties may submit requests and replies.
- Examination of a dispute. After negotiations, the dispute procedure shall be joined by the administrator. The administrator shall have the right to seek explanations or additional evidence from the parties. The duration of this stage shall be 14 (fourteen) calendar days. During the first 7 (seven) days of this stage, explanations may be provided only by the party who has initiated the dispute. During the next 7 (seven) days, explanations may be provided only by the opponent to the dispute.
- Taking a decision. After examining the dispute, its parties may not submit explanations or other additional evidence. The administrator within 7 (seven) days shall take a decision to repay to the user the funds held on the portal or to disburse them to the specialist.
10.4. Right of the parties to settle a dispute amicably.
- The parties may settle the dispute amicably at any stage of the dispute before the end of examination of the dispute.
10.5. Right to settle a dispute by recognising the claims.
- Either party shall have the right to acknowledge the other party’s claims before the end of examination of the dispute.
- If the specialist acknowledges the claims of the user – the funds received in advance shall be repaid to the user.
- If the customer acknowledges the specialist’s claims – the funds received in advance shall be repaid to the specialist.
10.6. Purpose of the portal in the dispute settlement process.
- The portal is not a judicial or an extra-judicial dispute settlement and disputes between the parties shall be settled in accordance with the procedure set forth by laws.
- The services of securing monetary claims offered by the portal shall be of recommendation type, and the parties shall not be obliged to use them.
11.1. The specialist shall have no right to transfer the information received from the user (hereinafter – confidential information) to other persons or to make it public otherwise without consent of the user.
11.2. The specialist must take all necessary precautionary measures to ensure confidentiality of the provided information.
11.3. The specialist undertakes to take all necessary measures for the retention of confidential information and ensure that:
- Data are stored and retained in such a manner which prevents other persons from accessing them without the specialist’s knowledge;
- Data recipients are informed about confidentiality of data communicated to them and are instructed on the specifics of processing of such data.
11.4. The specialist must immediately inform the user and the portal if he finds out or suspects that confidential information became known to other persons who have no access to such information.
11.5. Breach of security of confidential information shall constitute a serious breach of this Procedure.
11.6. The specialist who breaches the duties established in this section undertakes to indemnify all losses of the user (including lost income).
12.1. Actus Legale shall not be held liable for services provided by specialists to users, for the content of works published by specialists and for the organisation of events announced by specialists.
12.2. The parties shall not be related by any partnership, assignment, representation, joint activity or employment legal relationships, and the portal shall not represent any of the parties.
12.3. Information and data on the portal shall be provided by users and specialists, therefore, Actus Legale shall not be held liable for the correctness of such information, for its correspondence to reality and for any losses or damage which were or could have been incurred as a result of the parties’ acts or omissions when using the portal.
12.4. Actus Legale shall not provide financial services. Funds represented in the specialist’s account shall not be considered to be electronic money.
12.5. Actus Legale shall not be held liable for any losses arising from disruptions of internet communication, server maintenance or other objective reasons when the portal is unable to provide its services.
13.1. The users and specialists must provide correct information to the portal and use the portal in a fair manner.
13.2. The administrator of the portal shall have the right to fully or partially restrict the rights of the user or specialist on the portal or to terminate the provision of services when the user or the specialist breaches the duties set forth under this Procedure.
14. Consents and withdrawals
14.1. By accepting this Procedure, the specialist also gives his consent to the portal to make public the fact that the specialist and the workplace represented by him use the portal of Actus Legale. For this purpose, Actus Legale acquires the right to publish on the portal the name and logo of the specialist’s workplace. The specialist may at any time withdraw his consent to use such data.
14.2. Both the specialist and the user shall have the right to cancel at any time their account. The account may not be cancelled when the party has any unfulfilled obligations to the other party and when a dispute has been initiated and is still pending.
15. Final provisions
15.1. This Procedure in respect of the particular specialist or user shall enter into force from the moment when the user or the specialist accepts the Procedure on the portal.
15.2. Legal protection of intellectual property of the portal and specialists shall be regulated in the publicly available section ‘Copyrights’.
15.4. Actus Legale shall have the right to unilaterally amend this Procedure. The amendments to the Procedure shall be notified to the portal’s users and specialists by e-mail addresses specified by them. The user or the specialist who disagrees with amendments to the Procedure shall have the right to cancel his account at any time in accordance with the conditions and manner specified in this Procedure.
15.5. Disputes arising from the use of Actus Legale portal shall be settled in accordance with the procedure set forth by laws of the Republic of Lithuania.
15.6. Requisites of Actus Legale are published in the section ‘Contacts’.
15.7. This Procedure was approved on 31 October 2018 by decision of the Board of Actus Legale.