LOGO CL COMPLETO DEFINITIVO FONDO BLANCO

 

TERMS OF BUSINESS:

  1. These project fees shall be valid for 15 days.
  2. The transfer of the provision of funds shall imply acceptance of these conditions, as well as of the project fees and the professional assignment.
  3. The standard hourly rate of the firm is €160/hour (excluding VAT). The senior hourly rate of the firm is €220/hour (excluding VAT) which would be applied when the professional attending you is a senior team member.
  4. The signature of the present project fees or the payment of the indicated provision of funds implies the commencement of the provision of services, which may imply that the minimum sum may be billed in accordance with the work carried out.
  5. If the client has further matters entrusted to us and any of them are pending payment, the provision of funds may be applied to the outstanding sums.
  6. In unforeseen circumstances, and/or in the event of a change of lawyer when a minimum fee has been agreed and a percentage has not yet been paid, our rates shall apply regardless of the minimum percentage. Our fees can be downloaded here: https://shorturl.at/bizVW ( excluding VAT). In all cases, 60% of the agreed percentage will be charged if the claims are finally upheld. This is because the project fee is considered as a whole, even if it is broken down by phases, so that the change of lawyer will imply the accrual and obligation to pay the minimum fees and part of the agreed percentage regardless of the phase of the proceedings in which the case is. The withdrawal of the case due to unwillingness to proceed will also accrue 5% of the amount of the case given the correlation between the fixed fee and the percentage agreed with the client.
  7. Any out-of-court settlement of the client in relation to the case should be shared with this firm for the purposes of fees and case strategy, and will be taken into account as regards the agreed success percentage.
  8. The assignment of a court case includes the drafting of the lawsuit and its legal defence, excluding incidental issues that generate procedural motions comprising additional petitions or unforeseen incidental issues, as well as the appeals generated by such petitions.
  9. The firm will not assume the cost of any third-party expenses in the event that funds have not been previously provided for the payment thereof. Likewise, expenses generated by couriers, photocopies, scans, telephone, per diem and transport, external collaborators, experts, notaries, translators, etc., which are not included in the fees shall be charged separately.
  10. The motions, pleadings and appeals arising from the proceedings will be charged separately according to the motions, petitions and summons lodged by the other parties, taking into account the difficulty and the time spent on each incidental matter.
  11. The client expressly authorises Conesa Legal, S.L.P.U., or any of its members, to sign and submit, on behalf of the client, the necessary applications to any public body, administration or court that is related to the procedure entrusted to us, either in person or electronically.
  12. In the event that the firm receives sums from the public administration that are destined for the client, such as Fogasa, Treasury, Court, etc., the client expressly authorises Conesa Legal, S.L. to compensate and collect the fees corresponding to the matter entrusted, returning the remaining amount received.
  13. The fees will be modified in the event that the client adds new actions or that new professional services are required that were not initially foreseen. Additional fees will also accrue due to the needs of the judicial procedure (such as new appearances or judicial procedures: suspensions, files, court orders, etc.), which will incur additional fees, as well as any off-site trips that involve an overnight stay, which will also incur fees of three hours, at the current hourly rate.
  14. The fees for the second or successive instances will be, unless expressly agreed otherwise, 75% of the fixed fees of the first instance, and respecting the percentage of success agreed at the first instance, unless the agreed fees are lower than our standard rates, which correspond to those of the ICAB, in which case the aforementioned percentage will be applied to the first instance rates of the ICAB. Should the case be successful, the percentages agreed at first instance will be respected. This percentage will also accrue in the event that the defence in other related lawsuits achieves the elimination or reduction of the possible sentence.
  15. The firm reserves the right to interrupt the assigned work at any time, and especially in the event that the client does not pay the specified amounts within the established deadlines, as well as if he/she has outstanding debts, in accordance with the applicable legislation and ethical standards, especially as regards legal matters.
  16. The client undertakes not to hire any of the firm’s registered professionals or employees who are performing their own consultancy or legal functions during the term of this contract until a period of nine months after the end of the professional assignment. Failure to comply with this clause shall entail an indemnity of 35% of the services contracted in the last twelve months, with a minimum amount equivalent to twelve months of the gross salary that the professional had agreed with the firm.
  17. Regardless of the agreed fees, in the event of a potential conviction with opposing costs, the client must pay the fees of the opposing party's lawyer and “procurador” and other professionals involved. In the event of an award of costs in favour, the client authorises Conesa Legal to directly collect the costs paid by the opposing party. In this case, the costs that the firm received would be subject to subsequent settlement with the client, remaining in any case in favour of the firm the amount that exceeds the fees received from the client to date.
  18. The non-payment of invoices shall accrue interest for late payment as provided for in article 7.2 of Law 3/2004, of the 29th of December, which establishes measures to combat late payment in commercial transactions, plus 10 points.
  19. In the event that the Court or tribunal upholds the opposing party's objection to the costs assessed by the firm, the client shall bear the costs arising from this objection and shall assume the obligation to pay them directly.
  20. Documents relating to a particular case shall be securely stored until the end of the case or until the termination of the legal representation. Subsequently, the documentation may be returned to the client upon their request immediately following the termination of the case, otherwise it will be destroyed.
  21. These conditions shall not prevent further specific conditions from being agreed as regards the professional assignment, subject to prior communication to the client.
  22. In accordance with Regulation (EU) 2016/679 of the European Parliament, we inform you that your data will be included in a file owned by Conesa Legal, S.L.P.U., in order to be able to offer you the consultancy service stipulated in this agreement and to send you commercial information about the services that may be linked to it. This data will be treated as confidential, will not be transferred to third parties except under legal obligation, and will remain in our files for the duration of the business relationship or for the years necessary to comply with legal obligations. At any time, you may exercise your rights of access, rectification, erasure and objection, restrict the processing of your data, directly oppose the processing, or exercise your right to data portability. You may do so in writing, accompanied by a copy of an official ID document, sent to the Data Controller, Conesa Legal, S.L.P.U., AV DIAGONAL, 467 6º 1ª - 08036 BARCELONA (Barcelona). Email: datos@conesalegal.com. Should you disagree with the processing, you also have the right to file a complaint with the Spanish Data Protection Agency (Agencia Española de Protección de Datos).
  23. Both parties agree that, unless the client clearly indicates otherwise, the rulings of the case excluding confidential data may be used by Conesa Legal to explain cases for educational purposes in centres such as Universities, Business Schools, etc. and that they may be published on Conesa Legal's website for the purposes of information, promotion and quality assurance.
  24. Only with the client's prior authorisation does the client authorise and permit Conesa Legal to mention on its website that it is a client, using its image, logo and name for the purposes of marketing by this means. This permission may be revoked at any time by means of mention or subsequent communication which, if necessary, must be verifiable.
  25. The client undertakes to provide truthful and complete information in the event that they entrust Conesa Legal with any management or procedure before the Public Administration, and in particular before the Tax Agency, assuming full responsibility for penalties, surcharges and interest resulting from non-compliance with this clause.
  26. The client authorises Conesa Legal to submit to any Public Administration their tax and/or fiscal returns and settlements, and any other documentation necessary to attend to labour law matters, or anything necessary to comply with accounting and insurance obligations, as well as any other formalities in the field of consultancy. It also authorises Conesa Legal to:
    1. Submit documentation to the Administration by means of any authorised procedure, including online. Receive notifications and process registrations and deregistrations from the Tax Authorities and Social Security.
    2. Download the digital certificate (electronic signature) for use on the client’s behalf. Act as a representative before the AEAT for the presentation of the documentation referred to in this document.
  27. This agreement shall remain in force until Conesa Legal is notified in writing of its revocation.