1. PARTNER RESPONSIBLE FOR THE CUSTOMER AND TEAM
The direction and responsibility of each matter or Client corresponds to a Partner, who will be responsible for informing the Client of the evolution of the entrusted work. The Responsible Partner will address all issues that the Client may raise regarding the organization and quality of the services provided.
The proposal for services and fees will identify the responsible Partner and indicate which professionals will intervene in the assigned task. The responsible Partner, if requested by the Client - or if it is necessary or convenient for the best provision of the service -, may modify the assignment of professionals, informing the Client immediately.
2. NON-EXCLUSIVITY AND DEONTOLOGICAL CONFLICTS
PROLAW IBERIA will be interested in avoiding conflicts of interest that may affect relationships with its Clients. However, PROLAW IBERIA - which advises a large number of Clients on a very wide variety of legal matters - can represent or defend, in court or outside of it, any company other than the Client in any type of matter or matter other than or not is related to that which the Client has entrusted to him, even when this implies or presupposes carrying out our work against the interests of his company or those of any of its subsidiaries, except in cases in which a deontological conflict arises in accordance with the General Statute of the Spanish Legal Profession, the Code of Ethics of Lawyers of the European Union, the Code of Ethics of the Spanish Legal Profession and the Code of Ethics and Deontology of PROLAW IBERIA and the successive modifications of all of them.
The PROLAW IBERIA Client will be the person, company or entity that requires its services; It will not be his relatives, nor his subsidiaries or associates, nor his executives, directors, shareholders or employees, unless expressly agreed otherwise.
3. INFORMATION AND COMMUNICATION
The correct presentation of advice or representation in court requires that the Client provide the professional in charge of it - at the time the information or documentation is produced or known - all the information and documentation relevant to their advice and defense.
Both the documents and the correspondence concerning the Client or the matter may be sent and received by unencrypted e-mail, via the Internet, except for that documentation or information that the Client or the professional classifies as strictly confidential, for whose transmission the means and guarantee procedures that PROLAW IBERIA has planned for these cases.
4. CUSTOMER DOCUMENTATION
4.1. PROLAW IBERIA will guard the documentation related to a certain matter until its completion or until the moment in which, for any circumstance, it ceases to represent the Client; without prejudice in both cases to the custody and archiving obligations imposed by law.
4.2. PROLAW IBERIA reserves the right to destroy files and documents related to matters entrusted to it after the expiration period of 6 years from the date on which it ended.
5. DUTY OF PRUDENCE AND CONFIDENTIALITY
5.1. PROLAW IBERIA and its professionals are subject to the commitments of every lawyer/advisor to their Client, including the duty of prudence and confidentiality, with the exceptions, if any, established by the laws applicable to their relationship.
5.2. The basic principle in this matter is the obligation of every lawyer/adviser to respect the secrecy of any confidential information transmitted to him by his Client that refers to the Client himself or to third parties within the framework of the matters entrusted by the Client. This obligation of confidentiality is only against the Client and cannot be claimed to be applicable to other related entities or subsidiaries, nor to the shareholders, partners, directors, employees or family members of the Client. This obligation is not limited in time and extends not only to PROLAW IBERIA or the lawyer/advisor but also to employees and collaborators.
5.3. The duty of confidentiality prevents PROLAW IBERIA and its professionals from revealing to the Client any information related to another Client - past, current or future - of which they have had or may have knowledge in the exercise of the professional relationship with the latter.
5.4. The advice provided by PROLAW IBERIA is only for the Client for whose benefit it is produced and cannot be used for another matter or by third parties, or by other companies or people of the same group other than the one for which the advice is specifically provided.< br />
5.5. Unless otherwise indicated, the Client authorizes PROLAW IBERIA to publicize his intervention in the matter if it has a public or legal interest. This does not authorize PROLAW IBERIA to reveal the information related to the matter, which, in any case, will be confidential. PROLAW IBERIA may include documentation that reflects its advice in its internal documentary bases, without prejudice to preserving in any case the duty of confidentiality.
6. OBLIGATION OF QUALITY AND DEFENSE OF CUSTOMER INTERESTS
6.1. PROLAW IBERIA and its professionals are obliged to advise and carry out a defense in court with the highest level of quality and professional diligence that can reasonably be expected given the circumstances of each case. Under no circumstances is the result guaranteed.
6.2. PROLAW IBERIA and its professionals undertake to defend the interests of the Client as best as possible, even in contrast to their own, those of a colleague or those of the profession in general.
6.3. The professional responsible for the matter will act with criteria of independence, and will not be obliged to accept or follow instructions from the Client that may affect his or her professional criteria.
7. PROFESSIONAL FEES
7.1. Professional fees are calculated based on the hours of dedication used by the professionals involved in the matter, unless the fee proposal expressly agrees to apply the Iltre indicative rate. Bar Association that corresponds or another system for fixing them is proposed.
7.2. Each professional is assigned an hourly rate according to their professional category and experience. The Client has the right to know the hourly rate applicable at all times to the professionals involved in the matter. The hourly rate and category of each professional can be reviewed - and applied - by PROLAW IBERIA, at least every calendar year.
7.3. The estimate of fees does not include the calculation of the Value Added Tax (VAT), the amount of which must be added to those at the current rate.
7.4. In the case of international advice, professional fees will always be understood net of local taxes, and the Client will be responsible for assuming the local taxes that the aforementioned advice must incur.
7.5. The ordering of the opposing party to pay costs, in contentious matters, does not release the Client from his obligation to pay the fees and expenses that he credits to PROLAW IBERIA.
8. EXPENSES AND SUPPLIES
8.1. External expenses that are consequences of the entrusted work - such as: travel, travel, couriers, stays, meals, translations, external collaborators, creation of databases or computer files of documentation related to the case, etc. - will be detailed therein. invoice for professional fees or another specific one.
8.2. The Client will be responsible for hiring the Court Attorney, arbitrator or mediator, as well as any investigator, expert or expert who must intervene in the procedure entrusted to PROLAW IBERIA. Their fees, tariffs or rights will be independent of those of PROLAW IBERIA and must be paid by the Client directly.
8.3. Internal expenses generated by the development of the entrusted work - such as: photocopies, bindings, faxes, telephone, videoconferences, mail, etc. - will be invoiced separately from the professional fees, in the same bill or in another specific bill. For these purposes, expenses generated in periods subject to different billing of fees may be added.
8.4. Supplies or payments commissioned by the Client - such as: notaries, registries, attorneys, judicial or other fees, investigators, managers, press advertisements and official bulletins, taxes - that accrue for a specific job, may be attended to by PROLAW IBERIA prior obtaining the corresponding provision of funds. Otherwise the provisions of the previous condition 8.2 will be applicable.
8.5. All expenses and supplies are (when required by law) subject to VAT, the payment of which corresponds to the Client.
9. BILLING
9.1. Billing of professional fees and expenses incurred is made monthly within the first 25 calendar days of each month.
9.2. The professional will inform, if required by the Client, about the content or amount of the bill to the Client before issuing the final invoice. The Client may, in any case, express their concerns or considerations regarding the invoice, its content or its amount.
10. COLLECTION
10.1. Invoices must be paid in full within 30 calendar days following the date of issue, unless another form of payment has been agreed upon.
10.2. As provided by law, PROLAW IBERIA reserves the right to charge default interest in the event of non-payment or unjustified delay, at the applicable default interest rate.
10.3. Minutes and invoices will be paid in the currency in which they are denominated, unless there is prior agreement with the Client otherwise. PROLAW IBERIA reserves the right to request payment of any costs incurred by converting the payment into this currency.
10.4. All banking expenses and commissions related to the payment of minutes are the responsibility of the Client when it is the Client who imposes a specific collection procedure.
11. INTERRUPTION OF THE SERVICES PROVIDED
11.1. PROLAW IBERIA reserves the right to interrupt the commissioned work if the Client does not satisfy its minutes or invoices within the established period, within the respect of the applicable legislation and ethical standards. This same interruption may be applied to any of the matters that the Client, its family members, its directors, its parent company, its subsidiaries, affiliates or associated companies have entrusted to PROLAW IBERIA, until the moment in which all outstanding debts are settled. After more than one month has passed since the suspension of work, PROLAW IBERIA may definitively renounce the Client's responsibility and initiate a claim for payment of the minutes.
11.2. In no case will the interruption of the provision of the service mean the loss of rights for the Client before the cessation of the activity and, when appropriate, it will be communicated by the acting professional to the Courts, Tribunals and other bodies in which the actions are carried out and , in any case, before twenty days prior to the holding, if applicable, of the indicated trials or hearings.
12. COMPLETION OF THE CONTRACTING OF SERVICES
12.1. After settlement and payment of the corresponding amounts accrued and pending payment, the Client may terminate the professional relationship with PROLAW IBERIA, without the need to invoke any cause to justify his decision.
12.2. PROLAW IBERIA may renounce the representation of a Client in any case in which the latter's conduct or its ethical principles conflict with those followed by PROLAW IBERIA, without prejudice to adopting the necessary precautions to preserve the rights and interests of the Client, as well as of their right to settle the fees derived from the services provided up to that point.
13. CUSTOMER AUDIT
13.1. PROLAW IBERIA may collaborate in the preparation of the audits - required by the particular corporate statutes - of the Clients by providing, at their express written request, information - derived from the matters in which it has intervened - on any liability that reaches the Client for any reason. of minutes pending payment or for work in progress; for possible obligations claimed by third parties, or that have generated a risk of suffering a claim.
14. DATA PROTECTION
14.1. PROLAW IBERIA undertakes to allocate personal data that it may access in the provision of the specific legal service, in accordance with the Client's instructions and the professional statute of the legal profession and always in accordance with the provisions of current regulations on Protection. of data. PROLAW IBERIA will not communicate said data to third parties, except when it is strictly necessary to defend the interests of the Client, with prior authorization from the Client, or when a request from the police or judicial authority occurs.
In accordance with article 28 of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data and therefore which Directive 95/46/EC (RGPD) is repealed, the person responsible for the file must transfer their personal data to PROLAW IBERIA by signing the corresponding Data Processor Contract, provided that the processing of said data is necessary to carry out the provision of the contracted service.
In these accesses, the Data Processor may be aware of the content of the files that contain data referring to Suppliers, Clients and Personnel and Payrolls for which the Client is responsible, with the registration codes specified in the Annex referring to each Client that is attached to the proposal for professional services (if applicable).
The person responsible for the file affirms and guarantees that the data contained in the previous files and in any others to which the person in charge of the treatment could access as a consequence of the provision of the agreed service, have been collected in accordance with the provisions of the RGPD, as well as as they comply with all the obligations established in the aforementioned Regulation. Consequently, the person responsible for the file will hold the processor harmless from any liability that may arise in the event of a claim for non-compliance with the above guarantee.
When the contract for the provision of services ends, PROLAW IBERIA will cease processing the aforementioned data as soon as it is no longer necessary for the provision of the services ordered and, at the Client's simple request, will return, or destroy or limit, Depending on the case, the documentation obtained and generated in the context of the provision of the service that contains personal data, protecting it, in the meantime, with appropriate security measures.
14.2. The rights of access, rectification, limitation of processing, opposition, portability and deletion may be exercised by letter addressed to PROLAW IBERIA ABOGADOS Y ASESORES TRIBUTARIOS, S.L.P. to its registered office, as indicated on our website “Exercise of Data Protection Rights”.
15. PREVENTION OF MONEY LAUNDERING
15.1. The current legislation considers all legal services firms as subjects obliged to collaborate in the prevention of money laundering. In compliance with these regulations, PROLAW IBERIA is subject to the strict requirement of identifying Clients, which may force it to request information and documentation proving the identity of end Clients or to carry out searches in appropriate databases. Failure to obtain this documentation and/or information in a reasonable time, when required, may cause PROLAW IBERIA not to accept the assignment.
16. OTHER ADVISORS
16.1. PROLAW IBERIA can provide the Client with the name of other professionals who advise them on a specific matter or aspect. In no case of recommendation will PROLAW IBERIA accept any responsibility for the performance, prestige or capacity of the recommended person or firm, nor will it supervise or control the work performed.
17. PATRIMONIAL LIABILITY FOR DAMAGES. LIMITATION
17.1. PROLAW IBERIA will be liable, without limit, for any damages that may be caused to the Client and are attributable to PROLAW IBERIA or its professionals, when they have incurred fraud or serious negligence.
17.2. In other cases, the liability of Prolaw or its professionals for possible marital damages would be limited to the following:
The damages and losses of the Client for which PROLAW IBERIA or its professionals will be liable will be those that are a direct consequence of an event or foreseen or foreseeable at the time of acceptance of the corresponding Proposal for Services and Fees and that are attributable to PROLAW IBERIA or its professionals. .
The amount of the compensation will be the damages indicated in the previous point that are proven, with the maximum limit of (I) the amount of the fees received by PROLAW IBERIA for the contracted service, if it is a specific advice or specifically, whose duration is less than one year; or (II) of the fees received by Prolaw for one year of provision, if the services in question were recurring or continuous or if their duration exceeded one year.
18. RESPONSIBILITY TO THIRD PARTIES
18.1. The provisions contained in the two final paragraphs of condition 17 will also be applicable if the Client's right is transferred to a third party or third parties who file a claim against PROLAW IBERIA.
19. PRESCRIPTION
19.1. The right to claim eventual compensation for damages expires twelve (12) months after the occurrence of the event or events that caused them and for which, directly or indirectly, PROLAW IBERIA or its professionals are responsible.
20. APP
20.1. Each and every one of the PROLAW IBERIA professionals is subject to the duty of ensuring compliance with these conditions.
20.2. These conditions may be modified by PROLAW IBERIA without the consent of third parties, but the modification will not have retroactive effects.
20.3. If any of these conditions are null, its nullity will not prejudice the rest, which will continue to be fully and validly applicable.
20.4. The advice received by the Client will be deemed to have been received under these terms and conditions.
20.5. These General Contracting Conditions will be applicable to any other advice or action given or carried out in the future in favor of the same Client, unless the provisions of the previous 20.2 are applicable or new conditions are agreed upon.
21. SPECIAL CONDITIONS
21.1. These General Conditions will not prevent specific contracting conditions from being agreed between the Client and PROLAW IBERIA in the corresponding proposal for services and fees. In such case, the specific agreed conditions - which must have been approved by the General Management - will take precedence over the general conditions, but these will also form part of the agreement between the Client and PROLAW IBERIA.
22. FUERO
22.1. All issues that directly or indirectly affect the interpretation or compliance with these contract conditions will be submitted to the jurisdiction of the Courts and Tribunals of Madrid, to which both parties expressly submit, waiving their own jurisdiction if another is different. would correspond to him.
23. LANGUAGE
23.1. The General Terms & Conditions, written in Spanish, will always prevail over any other text in any other language.
24. CERTIFICATE OF CONTRACTORS AND SUBCONTRACTORS
24.1. If this proposal is accepted, PROLAW IBERIA, in accordance with its implemented quality and professional responsibility policy, will send the certificate of contractors and subcontractors issued by the Tax Administration, in accordance with the provisions of article 43.1f) of Law 58/ 2003, General Tax.