Condiciones de compra

TERMS OF BUSINESS:

This estimate of fees will be valid for 15 days.
The provision of funds will signify acceptance of these terms, and of the estimate of fees/professional assignment.
The firm’s standard hourly charge is €160 per hour.
Signature of this estimate of fees implies that the provision of services has already begun, which could mean that the minimum amount may be charged, depending on the work done.
If the client has entrusted us with other matters, and payment for one of them is outstanding, then the provision of funds may be applied to the outstanding amounts.
When the provision is insufficient, and/or when there is a change of lawyer with whom minimum fees had been agreed but not paid in full, our charges will be applied irrespective of the amount of the minimum. Our charges are in line with the recommendations of the Bar Association of Barcelona of January, 2010, and, in relation to lack of provision, with those of January, 2005. 60% of the agreed amount will always be due if, in the end, the expectations are estimated. This is because the estimate of fees is regarded as a whole, even when it is divided into stages. A change of lawyer will therefore entail a charge, and the obligation to pay the minimum fees as well as part of the agreed percentage, regardless of the stage of the procedure that has been reached. 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 amount and the percentage agreed with the client.
Any client out-of-court settlement related to the matter shall be shared with this firm for the appropriate fee and strategy purposes of the matter, and it will be taken into account in the agreed percentage of success.
The commissioning of a judicial matter includes the preparation of the demand and its legal defense, excluding the project those incidental issues that generate procedural pleas that include additional requests or unforeseen incidental issues, as well as subsequent appeals generated by those please.
The firm will not be liable to pay expenses if no provision of funds has previously been made for those payments. Similarly, expenditure on couriers, photocopying, scanning, telephone calls, subsistence and travelling, external collaborators, expert witnesses, notaries, translators, etc., which are not included in the fees, will be charged for separately.
The pleadings, allegations and appeals which the procedure generates in response to the pleadings, petitions and demands of the other parties will be the subject of a separate quotation which takes account of their difficulty as well as the time devoted to every unforeseen occurrence in the proceedings.
The client expressly authorises Conesa Legal, S.L.P.U., and any of its members, to sign and submit, on behalf of the client, the necessary requests to any public body, authority or court which is connected, whether physically or telematically, with the proceedings in hand.
If the firm receives from public administrative authorities such as Fogasa, the Tax Agency, the Court, etc., sums of money which are intended for the client, the latter expressly authorises Conesa Legal, S.L. to charge the fees corresponding to that assignment, and to return to the client the balance of the amount received.
The fees will be modified if the client requires additional actions or if new professional services, initially unforeseen, become necessary. Additional charges can also accrue due to requirements of the legal proceedings (such as new hearings or legal procedures: suspensions, enforcement, etc.).
Unless something different has been expressly agreed, the fees for the second, or successive hearings, will be 75% of those minimum fix agreed for the first hearing, respecting the success percentage agreed on first hearing, unless the agreed fees are less than our usual rates, which are those of the ICAB, in which case the said percentage will be applied to the ICAB’s rates for first hearings.
The firm reserves the right to interrupt the work assigned at any time, especially when the client does not pay the specified amounts within the agreed periods, or if the client has outstanding debts. This would be in conformity with the law and with the applicable ethical code, especially in legal matters.
The client undertakes not to engage any of the firm’s registered professional staff or employees who perform functions proper to consulting or advocacy during the term of this contract until nine months have elapsed after the end of the professional assignment. Breach of the clause will entail financial reparation amounting to 35% of the value of the services contracted in the past twelve months, with a minimum amount of twelve month of the gross salary the professional would have agreed with the firm.
Regardless of the amount of the agreed fees, if the client is ordered to pay costs, he or she will have to pay the fees of the opposing party’s solicitor and prosecuting lawyer, and of any other intervening professional person. If costs are awarded to our side, the client authorises Conesa Legal to receive directly the costs paid by the opposing party. In this case, the costs received by the firm will be the subject of a subsequent settlement with the client, and in every case any amount in excess of the fees received from the client up to that moment will be for the firm’s account.
Interest will accrue on unpaid charges at the rate established in Article 7.2 of Law 3/2004 of 29th December, on measures to combat late payment in commercial transactions, plus 10 per cent.
If the court or tribunal finds that the costs of any rebuttal by the opposing party of the costs assessed by the firm would be for the client’s account, the client must accept the obligation to pay them directly.
The documentation relating to any particular case will be safely kept until the end of the case or until the legal representation ceases. If the client so requires, the documentation can be returned to him or her as soon as the case is finished. If the client does not require it, it will be destroyed.
These terms and conditions will not prevent new ones from being attached to the specific professional assignment, with the prior agreement of the client.
In accordance with (EU) Regulation 2016/679 of the European Parliament, we inform you that your data have been included in a file owned by Conesa Legal, with the aims of facilitating the preparation of the same, and of sending you commercial information about services which could be related. Your data will be kept for a period of two years from the date of the quotation. You may, at any time, exercise your rights of access, rectification, removal and objection, restrict the processing of your data, directly oppose the processing, or exercise the right of portability of the same. All of the foregoing must be in writing, accompanied by an official identification document, and addressed to the File Manager. If you disagree with the processing, you also have the right to lodge a complaint with the Agencia Española de Protección de Datos (Spanish Data Protection Agency). Manager: Conesa Legal, Diagonal, 467 6º1ª, 08036-Barcelona.
Both parties agree, unless the client reliably indicates otherwise, that the resolutions of the case without confidential data may be used by Conesa Legal to explain training cases in institutions such as Universities, Business Schools, etc. and may be published on Conesa Legal's website for the purposes of information, promotion and quality assurance.
The client undertakes to provide truthful and complete information in the event that he entrusts Conesa Legal with any statement or procedure in front of the Public Administration, and especially in front of the Tax Agency, assuming full responsibility for sanctions, surcharges and interests in the event of breach of the present clause.
The client authorises Conesa Legal to present, to any public authority, its tax returns and settlements, or any documentation that is necessary for employment or social reasons, or anything necessary to fulfil obligations of an accounting, insurance or advisory nature. The client also authorises Conesa Legal to:
1. Send to the relevant authorities the documentation for any authorised procedure, including telematic procedures, receive notifications and process registrations and withdrawals at the tax and social security offices.
2. Download the digital certificate (electronic signature) for use on their behalf. Act as their representative before the AEAT (State Tax Agency) for the presentation of the said documentation.
3. Process their personal data in files belonging to Conesa Legal in accordance with (EU) Regulation 2016/679 of 27th April (GDPR), so that the firm can provide them with the consultancy service stipulated in this agreement. These data will be processed in a confidential manner, will be kept throughout the term of this agreement and will not be communicated to third parties unless there is a legal obligation to do so. In this connection, you are informed that you may withdraw your consent at any time, and may exercise your rights of access, rectification, portability and removal of your data, and those of restriction of, or objection to, the processing by addressing Conesa Legal, S.LP.U., AV DIAGONAL, 467 6º 1ª - 08036 BARCELONA (Barcelona). Email address: josep.conesa@conesalegal.com. If you consider that the processing does not comply with current regulations, you may lodge a complaint with the supervisory authority at www.aepd.es.
4. This agreement will remain in force until Conesa Legal is informed of its termination, in writing.