1. A prior estimate of fees will always be made for any item which is not included under this agreement, and which would be charged separately. If, for any reason, the estimate could not be prepared, this office’s standard hourly rate of €160 would be charged.
  2. Whenever the upper limit of the agreed amount is exceeded, or whenever the time spent is more than foreseen, the client will be informed, with a view to adjusting the agreement or making a compensatory additional charge.
  3. For unforeseen work, our standard fees will be applied. They are in accordance with the guidelines of the Barcelona Bar Association (ICAB).
  4. Fees would be revised by the amount of the percentage variation in the CPI for the Service Sector in Catalonia plus two percentage points. The volume of consultations and the number of the firm’s employees involved would also be taken into account. This offer would be valid for a renewable period of one year.
  5. The firm will not disburse for expenses if no provision has been made, in advance, to cover these. Expenditure on couriers, photocopying, telephone calls, subsistence and travelling, external collaborators, translators, etc., which is not included in our fees will be charged for separately.
  6. The bank return for unpaid fee will generate an additional charge for non-payment management of €5 per receipt.
  7. The fees will be modified in the event that the client adds new actions or new professional services not initially foreseen. Any change, revision or rectification will be minuted additionally.
  8. In accordance with the law and with the applicable ethical code, the firm reserves the right to interrupt the work assigned to it if the client does not pay the agreed amounts, or has outstanding debts.
  9. The physical documentation relating to a particular case will be kept until the matter has been resolved, or until the legal representation ceases. Subsequently, if required, it can be returned to the client immediately after the termination of the contract. Otherwise, and if no clear request to return it is received within one month, the physical documentation will be destroyed, unless the client makes a specific agreement with this office for its safekeeping.
  10. In cases where the client entrusts us with the management of their electronic mailbox, it is the client who has to adapt the mailbox to receive notifications, and who accepts full responsibility for the content and period of such notifications, unless there is an express, specific task for us in relation to a subject arising from any such notification.
  11. In case the client entrusts the digital certificate to Conesa Legal the client authorises to yield it, and its password, to a digital certificate management platform company in order to comply with greater data protection and digital security in its management.
  12. In the case of any outstanding payments, the firm is not obliged to keep account of them or to do any work in this connection. The firm cannot therefore be required to produce related documentation.
  13. If the period of the agreement with this firm did not include a complete fiscal year, there would be no obligation to prepare tax declarations, summaries or annual accounts for the client unless that had been expressly agreed.
  14. The client undertakes to deliver all documents monthly, and those that are necessary for the preparation of declarations at least ten days before the date when they are due, and to check all the tax calculations prepared by the firm before they are submitted. Only if that deadline is observed will the firm admit to any error. The client also undertakes to supply the necessary information correctly and on time, thus relieving Conesa Legal from the need to make subsequent changes which could necessitate changes in the documents to be submitted. So in no case will the firm be liable for any penalty, complementary settlement or surtax where the tax authorities consider that the taxpayer’s intention was to defraud, and only when there is a final ruling will the firm communicate with its civil liability insurance company if, under this clause, it has to accept that liability. The overtime that would be necessary to perform due to breach of this clause will cause our fee could be increased by 5% to 15% at each renewal or to have us issue an additional invoice in accordance with our hourly rate.
  15. The client is obliged to provide truthful and legal information to Conesa Legal, therefore exempting Conesa Legal from any accounting or tax irregularity that the client comments or wants to commit. Both parties therefore understand that Conesa Legal presents the tax settlements with the information provided by the client, in the file format that Conesa Legal requires, and with the indicated advance notice and, unless Conesa Legal is under the legal obligation to inform the authorities of the commission of a crime and thus identify it without any doubt, we limit ourselves to processing the settlement that the client decides to present and it is the client who assumes the consequences of such statements. All this without prejudice to Conesa Legal warning and notifying the client of possible errors incurred by the client.
  16. Conesa Legal will present the documentation on time, so the client is obliged to review the models and declarations to be presented to the administration before the end of the submission period, and assumes responsibility if the completed documents are not claimed from Conesa Legal before the submission period ends.
  17. These terms and conditions will not prevent new ones from being attached to the specific professional assignment, with the prior agreement of the client.
  18. 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.
  19. 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 Office) 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.
  20. This agreement will remain in force until Conesa Legal is informed of its termination, in writing.
  21. This firm’s professional staff will deal with the people who are expressly or tacitly designated by the client company. Consequently, we decline all responsibility in the interchange of communications if the client company includes third parties in the professional relationship between Conesa Legal and itself, whether by the use of copies, or in any other way which is not connected with Conesa Legal.
  22. 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 months gross salary of involved employee.