COMMERCIAL TERMS AND CONDITIONS FOR CONSUMERS
I. DEFINITION OF TERMS
The Parties define the terms below as follows:
- Commercial Terms and Conditions – these commercial terms and conditions
- LP Legal – LP Legal, advokátní kancelář, s.r.o., identification no.: 241 96 983, with its registered office at Za Poříčskou branou 375/22, Prague 8, postcode: 186 00, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 187740
- Client – a person who has entered into an agreement on provision of legal services with LP Legal
- Parties – LP Legal and the Client
- Order – an order form signed by both Parties containing the requisites of an Agreement
- Agreement – agreement on provision of legal services between LP Legal and the Client, the contents of which are determined by the Order and the Commercial Terms and Conditions
- Civil Code – Act No. 89/2012 Coll., the Civil Code, as amended
- Act on the Legal Profession – Act No. 85/1996 No., on the legal profession, as amended
- Lawyer’s Tariff – regulation of the Ministry of Justice no. 177/1996 Coll., on remuneration of lawyers and compensation of lawyers for the provision of legal services (lawyer’s tariff), as amended
- Code of Conduct – resolution of the Board of the Czech Bar Association no. 1/1997 in the bulletin dated 31 October 1996, establishing the rules of professional ethics and the competition rules for lawyers in the Czech Republic (code of ethics), as amended
- Act on Personal Data Protection – Act No. 101/2000 Coll., on personal data protection and amendments to certain acts, as amended
- GDPR – EU Regulation No. 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Regulation on the Protection of Personal Data)
- These Commercial Terms and Conditions regulate the conclusion of the Agreement and the mutual rights and obligations of the Parties arising from the Agreement. The provisions of these Commercial Terms and Conditions are an inseparable part of the Agreement.
- Only these Commercial Terms and Conditions shall be used in relationships arising from the Agreement and the use of any other commercial terms and conditions is excluded.
- Clauses in the Agreement that deviate from the provisions of these Commercial Terms and Conditions shall take priority over these Commercial Terms and Conditions.
- Unless the Agreement or these Commercial Terms and Conditions stipulate otherwise, the legal relationship between LP Legal and the Client shall be governed by the valid legal and professional regulations, in particular the Civil Code, the Act on the Legal Profession, the Lawyer’s Tariff and the Code of Conduct.
- These Commercial Terms and Conditions shall apply only to the Agreement entered into by LP Legal and the Client, who is a consumer within the meaning of the provisions of Section 419 of the Civil Code.
III. SUBJECT MATTER OF THE AGREEMENT
- On the basis of the Agreement, LP Legal undertakes to provide the Client with legal services specified in the Order and the Client undertakes to pay LP Legal remuneration for these services under the conditions agreed in the Order and stipulated in these Commercial Terms and Conditions.
IV. CONCLUSION AND DURATION OF THE AGREEMENT
- The Agreement is concluded and comes into validity and effect at the moment when both Parties sign the Order. This does not apply if the Agreement is concluded otherwise than on the basis of an Order.
- The Agreement is concluded for an indefinite period and also covers legal services which LP Legal may have provided to the Client prior to the signing of the Order.
- LP Legal’s services may be provided by a lawyer, junior lawyer or other entrusted employee.
- The Agreement may be terminated for these reasons:
- by written notice of withdrawal from any of the Parties delivered to the other Party, whereas the notice period is 1 (one) month and commences on the first day of the month following the month in which the notice of withdrawal was delivered;
- by written notice of withdrawal from LP Legal even without a notice period in case of disruption of necessary trust between LP Legal and the Client or if the Client does not offer cooperation as required or does not pay a deposit for the remuneration of the legal services provided or the Client does not pay billed remuneration for the provision of legal services or the Client insists, in spite of LP Legal’s advice, that LP Legal should proceed according to the Client’s instructions, which are in conflict with the law or professional regulations;
- by written agreement of the Parties with effect as at the last day of the month in which this agreement was concluded, unless another day is agreed in this agreement;
- for reasons stipulated in the Civil Code or in the Act on the Legal Profession.
- Upon the termination of this Agreement, the Client undertakes to disclose to LP Legal whether he/she is seeking further action from LP Legal on the grounds that it is a matter that cannot be postponed. If the Client does not tell LP Legal that it requires such action, it shall not be considered a matter that cannot be postponed.
- As at the day of termination of the Agreement, the Parties shall make a final settlement in which LP Legal shall return to the Client paper documents requested by the Client and that are in the possession of LP Legal, and the Client shall pay LP Legal the remuneration for legal services provided up to the day of termination of the Agreement.
V. RIGHTS AND OBLIGATIONS OF THE PARTIES
- During the performance of its obligations under the Agreement LP Legal undertakes to adhere to the legal and professional regulations.
- During the performance of its obligations under the Agreement LP Legal undertakes to proceed in accordance with the Client’s instructions and to duly inform the Client about the progress of its case and about facts that the Client requires in order to consider its further instructions. LP Legal may request the Client to transmit express prior instructions in writing. LP Legal may deviate from instructions transmitted from the Client only in urgent matters and upon condition that LP Legal acts in good faith that such deviation is in the best interests of the Client and that LP Legal cannot obtain the Client’s consent in time.
- LP Legal shall consider all documents and information obtained on the basis of activities performed under the Agreement as confidential and shall not make them available to third parties without the Client’s written consent.
- The Client shall cooperate with LP Legal and provide it with timely, true, complete and clear information and provide all documents and other materials necessary for the due performance of activities under the Agreement. LP Legal is not liable for defects of legal services provided that arise due to a breach of any of the Client’s obligations stipulated in the previous sentence.
- For the purpose of performing the obligations under the Agreement LP Legal shall assign a suitable number of its lawyers, which may include junior lawyers and other employees of LP Legal, to perform the Client’s requests on time and in appropriate quality. LP Legal lawyers may within their authorisation from the Client be represented by another lawyer even without the Client’s consent. Upon the request of the Client or with its prior consent the LP Legal team may be expanded by a third person (e.g. an expert, tax adviser, etc.) who provides other than legal services.
- The Parties shall hand over all information, notifications, requests, instructions, messages or other communications on the basis of the Agreement in written form, whereas delivery by email, fax or in person shall be considered as due delivery. Exceptions to this clause are the giving of notice of withdrawal from the Agreement and the issuing of invoices and other documents, which must be delivered as originals.
- The Client agrees that LP Legal may cite the Client’s company and the fact that LP Legal provided legal services to it with the aim of promoting its legal services, in particular as a reference on its website or in other presentation materials.
VI. REMUNERATION AND PAYMENT TERMS
- The Client undertakes to pay LP Legal for the legal services provided in the extent agreed according to the Order by any of the lawyers, junior lawyers or other entrusted employees of LP Legal:
- contractual time remuneration within the meaning of the provisions of Section 4 (1 and 2) of the Lawyer’s Tariff in the amount agreed according to the Order for each commenced hour of legal services provided; or
- flat rate remuneration in the amount agreed according to the Order; or
- remuneration stipulated as a fixed amount in the amount agreed according to the Order; or
- remuneration agreed according to the Order in another way not mentioned above.
- Remuneration stipulated according to the Order and the first paragraph of this clause of these Commercial Terms and Conditions includes any and all time connected with the activities of the lawyer, junior lawyer or other entrusted employees of LP Legal for the Client, including travel time to the Client, the counterparty or public authorities, consultation, drafting petitions, meetings with the Client, meetings and hearings before public authorities, and in all other matters connected with the provision of legal services. Telephone calls between the Client and attorneys, articled clerks or other entrusted employees of LP Legal of a purely organizational nature lasting less than 10 (ten) minutes will not be billed to the Client. In case of Remuneration agreed according to let. a. para. 1 of this Article of these Business Terms and Conditions, conference calls, legal services provided over the phone and telephone calls of an organizational nature lasting more than 10 (ten) minutes will be billed to the Client according to the Remuneration thus agreed pro rata for each commenced 15 (fifteen) minutes.
- If the estimated number of hours of legal services provided is exceeded, the Client shall pay for the additional legal services provided on the basis of the standard hourly rates according to the Order, i.e. without agreed discounts.
- All amounts stipulated or calculated on the basis of the Agreement are presented without the statutory rate of value added tax (VAT).
- A 3% lump sum from the invoiced amount will be added to the Remuneration for legal services provided as compensation for the costs of phone calls, making copies and postal service fees, plus value added tax (VAT) at the statutory rate.
- The Client shall pay a deposit on the Remuneration for provision of legal services in the amount agreed according to the Order within 15 days of the signing of the Agreement.
- The Remuneration for provision of legal services will be billed to the Client by means of an invoice having the requisites of a tax document according to the valid legal regulations. At the Client’s request, a list of legal services provided will be attached to the invoice, including a time breakdown of each service. The list will include the date and a short description of each activity. The maturity of the invoice is 15 (fifteen) days from its delivery. The Remuneration for the provision of legal services will be billed to the Client in Czech crowns, unless the Parties agree otherwise. The Client shall pay the Remuneration by bank transfer to the account of LP Legal no. 171219824/5500 maintained by Raiffeisenbank.
- If the Client is in delay of payment of any financial performance towards LP Legal, LP Legal may suspend any and all activities which it is obliged to perform for the Client under the Agreement.
- If the invoice issued by LP Legal does not fulfil the requisites of a tax document or if the Client does not agree with the billing of legal services contained in the invoice, the Client is obliged to present its reservations to LP Legal in writing no later than 10 (ten) days from the day of delivery of the invoice. If it does not do so, e.g. does not pay the invoice, the accuracy and legitimacy of the invoiced amount shall be considered acknowledged. If the Client’s reservations about the invoice are presented in time and are justified, the original maturity of the defective invoice shall be suspended on the day when the Client presented its reservations to LP Legal in writing, and a new maturity period shall commence from the day of delivery of the modified invoice to the Client.
- If the Client is in delay of payment of the Remuneration for the provision of legal services or other payments, LP Legal may ask the Client to also pay interest on late payment in the amount of 0.05 % of the amount owed for each commenced day of delay.
- The Parties have agreed that in cases where LP Legal will represent the Client in proceedings before the court or another body and the Client is awarded compensation costs of these proceedings, LP Legal will in such cases be entitled to an amount corresponding to the costs of the proceedings for legal representation of the Client’s award on the basis of the decision of the court or other body in addition to the Remuneration.
VII. CASH EXPENSES AND COMPENSATION FOR LOST TIME
- In addition to the Remuneration for provision of legal services, LP Legal may bill the Client for cash expenses or costs incurred in the provision of legal services, including value added tax (VAT) in accordance with relevant legal regulations, including court and other fees, expert opinions and professional statements, translations into English or other languages, etc.
- LP Legal can bill each individual cash expense or costs exceeding CZK 6,000 (in words: six thousand Czech crowns) to the Client only if they are approved by the Client in advance in writing or by email. The Client hereby gives its consent that LP Legal may bill it for any cash expenses or costs which do not exceed CZK 6,000 (in words: six thousand Czech crowns) if they are connected with the provided legal service and LP Legal considers the cash expense or cost to be necessary or appropriate.
- The Client undertakes to pay the cash expense or costs to LP Legal regardless of the Parties‘ agreement on the maturity of the Remuneration for provision of legal services without undue delay after LP Legal incurred the cash expense or costs on the basis of invoices issued by LP Legal, which will be cash expenses and costs charged to the Client.
- LP Legal also shall be entitled to reimbursement of CZK 800 for each commenced hour spent in connection with the provision of legal services, in particular
- for tasks carried out by any attorney, articled clerk or employee of LP Legal at a place outside the offices of LP Legal, for time spent travelling to and from the place;
- for time spent due to the delayed commencement of hearings before a court or other body, if this delay is more than 30 minutes.
VIII. RIGHTS OF THE CLIENT ARISING FROM DEFECTIVE PERFORMANCE
- The rights of the Client arising from the defective performance of legal services provided are governed by the generally binding legal regulations, in particular the Civil Code and the Act on the Legal Profession.
- The Client may exercise its rights arising from the defective performance of legal services provided in the registered office of LP Legal.
IX. PROTECTION OF PERSONAL DATA
- LP Legal handles personal data to the extent necessary to provide services under the Agreement to the extent provided by the Law on Advocacy, the Personal Data Protection Act, and the GDPR. The provisions of this article of these terms and conditions apply of the client is a natural person.
- The Client is informed that based on a legal licence to process personal data, i.e. in order to fulfil the purpose of the Agreement and the provision of legal services, the following personal data of the Client will be processed: first name and surname, date of birth, address, e-mail address, telephone number.
- LP Legal has taken sufficient technical and organisational measures to maintain the security of the Client’s personal data.
- The Client is obliged to provide his/her personal data correctly and truthfully. If any personal information of the Client changes, the Client is obliged to inform LP Legal about this change without undue delay if a change in the personal data of the Client could cause LP Legal not to be able to perform its obligations under the Agreement duly and on time.
- LP Legal may entrust the processing of the Client’s personal data to a third party as the processor, while undertaking to ensure that the processor will protect the Client’s personal data at least to the same extent as LP Legal.
- LP Legal will process the Client’s personal data in electronic or printed form. There is no automated processing of personal data or automated decision-making, including profiling.
- LP Legal will retain the Client’s personal data for the time necessary for processing, i.e. for the duration of this Agreement and for the time that the rights under this Agreement may be exercised in court.
- The personal data may be passed on to any third party only for fulfilling the purpose of this Agreement, i.e. for the purpose of providing legal services.
- At LP Legal’s request, the Client will obtain confirmation of whether his/her personal data have been processed or not, and if they have, information from LP Legal about:
- the purpose of processing;
- the categories of personal data concerned;
- the recipient of the person data, i.e. to whom has the data been or will be disclosed;
- the planned retention period of the data or the criteria used to determine this period;
- the fact that the Client may ask LP Legal to correct or delete personal data concerning the Client or to limit their processing or make objections against this processing;
- the fact that the Client may file a complaint with the Office for Personal Data Protection;
- LP Legal will provide a copy of the processed personal data to the Client upon request. LP Legal provides the Client with personal data that the Client has provided to LP Legal in a structured, commonly used and machine-readable format, and the Client has the right to pass this information to another controller at its sole discretion.
- If the Client discovers that LP Legal has inaccurate personal data, he/she has the right to request that LP Legal correct inaccurate personal data relating to the Client without undue delay or supplement incomplete personal data according to the information provided by the Client.
- LP Legal will delete without undue delay any personal data of the Client, especially if the personal data are no longer needed for the purposes for which they were collected or otherwise processed, or if the personal data were processed unlawfully, unless there is a legal impediment to the deletion.
- LP Legal shall limit the processing of the Client’s personal data if:
- the Client denies the accuracy of personal data, until such time as they are verified;
- the processing of personal data is unlawful and the Client refuses to delete the personal data and instead seeks to limit their use;
- LP Legal no longer needs the personal data for processing, but the Client requires the data to identify, exercise or defend legal claims;
- If personal data are transferred and subsequently corrected, LP Legal will notify the individual recipients of any corrections or deletions of personal data or any limitations on their processing.
- If LP Legal detects a privacy violation that may or will result in a high risk to the rights and freedoms of the Client, LP Legal will notify the Client of this violation without undue delay.
- The Client will send all requests, inquiries, suggestions, etc. pursuant to this article of these terms and conditions to the contact details of LP Legal provided in Art. IV. of these terms and conditions.
- The Client is also entitled to file an objection or complaint about a violation of a legal obligation related to the processing of personal data directly to the Office for Personal Data Protection, Pplk. Sochora 27, Prague 7, 170 00, email@example.com.
X. CONTACT INFORMATION AND DELIVERY
- The contact information of LP Legal for mail delivery and email is:
LP Legal, advokátní kancelář, s.r.o.
Za Poříčskou bránou 375/22, Prague 8, 186 00
Tel.: +420 224 240 760
- The contact information of the Client for mail delivery and email is stated in the Order.
- If either of the Parties intends to change its delivery address or any contact person they must inform the other Party of this in writing.
- The Client shall transmit all of its instructions to LP Legal via the contact persons stated in paragraph 1 of this clause of these Commercial Terms and Conditions. LP Legal may request the relevant contact person of the Client to provide written confirmation of transmitted instructions and the Client shall confirm its instructions in writing without undue delay. In such a case, the instruction is transmitted only upon written confirmation from the Client.
XI. FINAL PROVISIONS
- The Client was informed by LP Legal about the obligations of its responsible person stated in Section 2(1)(g) of Act No. 253/2008 Coll., on certain measures against the legalisation of proceeds from crime, as amended, in particular its notification obligations arising from the provisions of Section 18 of this Act.
- Any changes or amendments to the Agreement or to the Commercial Terms and Conditions must be made in writing and signed by both Parties. This is without prejudice to the rights and obligations arising after the effectiveness period of the previous version of the Commercial Terms and Conditions.
- In the event of disputes arising from the Agreement or in connection with it, the Parties shall first try to resolve the dispute via mediation and shall only resort to court proceedings should mediation fail.
- The Parties agree that for mediation purposes a mediator shall be selected from among the persons listed in the list of mediators of the Institute for Dispute Settlement MEDIATICUS, s.r.o., according to the Mediation Procedure of the Institute for Dispute Settlement MEDIATICUS, s.r.o.
- If any of the clauses of the Agreement or provisions of the Commercial Terms and Conditions are or become invalid or ineffective, the invalidity or ineffectiveness of these provisions shall not result in the invalidity of the Agreement or the Commercial Terms and Conditions as a whole or another clause of the Agreement or provisions of the Commercial Terms and Conditions, if this invalid or ineffective clause or provision is separable from the rest of the Agreement or the Commercial Terms and Conditions. The Parties shall replace the invalid or ineffective clause or provision with a new valid and effective clause or provision whose content corresponds as closely as possible to the substance and meaning of the original clause or provision.
- The Parties have read this Agreement as well as the Commercial Terms and Conditions and understand them and agree with them, in witness whereof they append their signatures.