GENERAL TERMS AND CONDITIONS
1. Professional Services
1.1. RAMOS GARCÍA VALLÉS, S.L.P. provides exclusively the professional legal advisory services described in the corresponding proposal.
1.2. The client agrees to provide all necessary cooperation for the fulfilment of the order, providing RAMOS GARCÍA VALLÉS, S.L.P. with all the information and documentation reasonably required for such purposes. Likewise, the client agrees to cooperate in compliance with the legislation on money laundering and terrorism financing and to provide RAMOS GARCÍA VALLÉS, S.L.P. with all relevant information in this regard, and expressly authorizes RAMOS GARCÍA VALLÉS, S.L.P., even where there is an express or tacit intention that the order is executed by a particular professional.
1.3. All professional assignments relating to lawyers of RAMOS GARCÍA VALLÉS, S.L.P. are understood to be made exclusively to RAMOS GARCÍA VALLÉS, S.L.P., even when there is an express or tacit intention for the assignment to be executed by a particular professional.
1.4. RAMOS GARCÍA VALLÉS, S.L.P. only advises on Spanish Law -be it common or regional, state or autonomous- and on Community Law.
1.5. In the event that RAMOS GARCÍA VALLÉS, S.L.P. uses the services of other firms with which it has collaboration agreements, when necessary due to the fact that the matter requires the application of foreign or Community legislation, the client shall assume the cost of these services in accordance with what has been agreed and, supplementary, subject to these General Conditions. In this case, unless otherwise agreed upon, RAMOS GARCÍA VALLÉS, S.L.P. shall only carry out coordination and contact work with external professionals, and a direct service relationship between the external professionals and the client will be established.
2. Fees and Expenses
2.1. The fees for the service provided to the client will be those fixed in the corresponding proposal. In any case, the hourly rate of each professional of RAMOS GARCÍA VALLÉS, S.L.P. shall be estimated taking into account the experience or specialisation of the lawyer, except for procedural actions, which shall be estimated pursuant to the indicative criteria approved by the corresponding Bar Association.
2.2. The client undertakes to reimburse RAMOS GARCÍA VALLÉS, S.L.P. any and all expenses and prepaid expenses incurred in the execution of the order, which will be duly justified upon occurrence at the client’s request.
2.3. Any services complementary to those described in the corresponding proposal and not included in it (such as notaries, registers, agent in Court, etc.) will be contracted and paid directly by the client, except when expressly requested by the client to RAMOS GARCÍA VALLÉS, S.L.P., for which the client shall provide RAMOS GARCÍA VALLÉS, S.L.P. -if the Firm requires so- with the corresponding provision of funds prior to the contracting such services. Under no circumstances shall RAMOS GARCÍA VALLÉS, S.L.P. have the obligation to prepay or provide funds to the client or to make payments for expenses, services or prepaid expenses on behalf of the client that have not been previously agreed upon in the aforementioned conditions.
3. Funds provision and invoicing
3.1. RAMOS GARCÍA VALLÉS, S.L.P. may request a provision of funds prior to providing the services, which shall respond to the extent or sufficient extent of the fees and expenses and prepaid expenses of the order, and which shall therefore be subject to liquidation.
3.2. Unless otherwise agreed, accrued fees and expenses shall be invoiced on a monthly basis.
3.3. Unless otherwise agreed, invoices issued by RAMOS GARCÍA VALLÉS, S.L.P. shall be payable on demand. Fees and expenses payment to RAMOS GARCÍA VALLÉS, S.L.P. is independent of any right that may correspond to the client against third parties for the services rendered. For this reason, the client shall not be exempt nor relieved from paying RAMOS GARCÍA VALLÉS, S.L.P. the corresponding fees and expenses in, among others, judicial or litigious matters where it is ordered that legal expenses may be paid by the counterparty.
3.4. If the provision of funds or the invoice is not paid within the established maximum term, interests will be accrued from the day on which said period terminates, in the amount established in Law 37/2004, of December 29th. If it is necessary to forward a payment request after the invoice, due to non-payment, the collection costs shall also be paid by the client, which under no circumstance will be less than 5% of the invoice amount.
3.5. If any provision of funds or invoice is not paid within the established period, RAMOS GARCÍA VALLÉS, S.L.P. shall have the right to suspend all services after notifying the client, without being liable for any damages that this may cause.
4. Liability
4.1. RAMOS GARCÍA VALLÉS, S.L.P. assumes full responsibility for the services provided on its behalf by its professionals or employees. However, the parties agree to limit the liability of RAMOS GARCÍA VALLÉS, S.L.P. -and of the partners, lawyers and employees involved in the case- to direct damages (excluding loss of profit, loss of business or reputation damage) caused to the client; to a maximum of double the professional fees paid by the same client for the corresponding case during the twelve months immediately prior to the claim.
4.2. RAMOS GARCÍA VALLÉS, S.L.P. is insured by an insurance of civil liability that covers, with certain limitations, the risk of damage to the client or poor professional performance.
4.3. Except in the case of malice (so-called “dolo”), the client waives to demand direct responsibility from the partners, lawyers and employees of RAMOS GARCÍA VALLÉS, S.L.P. and will limit his/her claim to RAMOS GARCÍA VALLÉS, S.L.P., without prejudice to its action against who caused the damage.
4.4. It is expressly agreed that only liability for serious and indisputable professional negligence shall be enforceable.
4.5. Unless otherwise expressly agreed, the professional services of RAMOS GARCÍA VALLÉS, S.L.P. shall be contracted for the exclusive use and benefit of the client in the subject matter consulted and for the agreed purpose. No liability may be claimed for any use of such services by third parties or for other uses not expressly authorised by RAMOS GARCÍA VALLÉS, S.L.P.
4.6. Any liability claims against RAMOS GARCÍA VALLÉS, S.L.P., or its partners, lawyers and employees, whatever its nature, must be presented in writing, determining in sufficient detail the nature of the claim and the amount claimed, and within the time-limit of one year, understanding that the client waives the liability action in the event of not doing so.
4.7. If the damage is caused by the professional performance of third parties contracted by RAMOS GARCÍA VALLÉS, S.L.P. in the name or on behalf of the client and with the client’s express or tacit knowledge and approval, the client is obliged to accept the clauses limiting liability established by said third parties. RAMOS GARCÍA VALLÉS, S.L.P. and its partners, lawyers and employees shall not be held liable for the acts or omissions of the aforementioned persons.
4.8. This clause may also be applied by the partners, lawyers and employees of RAMOS GARCÍA VALLÉS, S.L.P., as well as by the insurance company.
4.9. RAMOS GARCÍA VALLÉS, S.L.P. shall not be held liable for any damages that the client may suffer as a consequence of complying with the legal obligation to notify the Executive Service for the Prevention of Money Laundering (SEPBLAC) -or the competent organization- of any fact or operation, including a mere attempt, in respect of which there is evidence or certainty that it is related to money laundering or terrorism financing.
5. Data Protection
5.1. RAMOS GARCÍA VALLÉS, S.L.P., with registered office at 08007 Barcelona, C/ Balmes nº 76, 4º-1ª and with Spanish Identity Number B-66240391, is responsible for processing the personal data provided in the Proposal, and said data will be handled with the aim of developing the lawyer-client relationship.
The client is informed and expressly consents to the handling of his/her personal data by RAMOS GARCÍA VALLÉS, S.L.P. for operational and informative purposes that arise from the lawyer-client relationship and other related relationships thereof. Likewise, the client accepts to receive informative communications from RAMOS GARCÍA VALLÉS, S.L.P., either in writing or electronically.
5.2. RAMOS GARCÍA VALLÉS, S.L.P. will not transfer your personal data to any third party, unless there is a legal obligation in this regard or if it is deemed necessary for rendering services, and, if so, we would expressly indicate you so. RAMOS GARCÍA VALLÉS, S.L.P. will not use your personal data for purposes other than those linked to the lawyer-client relationship, maintaining the strictest confidentiality.
The client, therefore, accepts that his/her personal data may be communicated to the corresponding organisms in order to comply with the current legislation, including legislation on money laundering.
5.3. The client has the rights of access, rectification, cancellation, portability, opposition and limitation in the handling of personal data, in accordance with the terms established by law.
In order to use these rights, the client shall write to the following address, providing the necessary documentation proving his/her identity (ID or Passport): C/ Balmes, nº 76, 4º-1ª, Barcelona (08007) or by email to: rgva@rgva.es.
6. Confidentiality and Publicity
6.1. RAMOS GARCÍA VALLÉS, S.L.P. is bound to respect the confidentiality of the actions carried out and may not disclose them except with the client’s prior authorization or by order of any administrative, judicial or legal authority.
6.2. RAMOS GARCÍA VALLÉS, S.L.P. will be entitled to advertise its intervention in the services rendered to the client, provided that confidential information is not disclosed.
7. Document Storage
7.1. In general, the client shall not deliver original documents to RAMOS GARCÍA VALLÉS, S.L.P. if this is not essential or it is not expressly requested. RAMOS GARCÍA VALLÉS, S.L.P. shall return any original documentation in its possession to the client once the services have been provided.
7.2. The client irrevocably authorises RAMOS GARCÍA VALLÉS, S.L.P. to keep a copy of the documents provided, even after the termination of the contractual agreement, for a specific period. The Firm may destroy its archives or files without requiring any authorisation on behalf of the client.
7.3. If the client requires RAMOS GARCÍA VALLÉS, S.L.P. to keep its files, the client must expressly request so and the client shall cover the complementary costs that RAMOS GARCÍA VALLÉS, S.L.P. may carry out for maintaining files, accessing them or for sending documents.
8. Amendments
RAMOS GARCÍA VALLÉS, S.L.P. may modify these General Conditions at any time. The modifications shall be applicable as detailed below:
– For recurrent services, the applicable General Terms and Conditions shall be the ones established on the website www.rgva.es when rendering the services.
– For non-recurrent services, the applicable General Terms and Conditions shall be the ones established in the services Proposal. However, further modifications to these General Terms and Conditions shall be applicable provided that they have been communicated to the client and a period of 21 calendar days has elapsed without any written opposition on behalf of the client within said period. For clarification purposes, the client shall be deemed to have accepted the changes if he/she does not raise any objection during said period.
9. Applicable Law and Jurisdiction
9.1. The relationship between RAMOS GARCÍA VALLÉS, S.L.P. and its clients is expressly governed by Spanish Law.
9.2 Any dispute between RAMOS GARCÍA VALLÉS, S.L.P. and a client shall be settled exclusively by the jurisdiction of the Courts of the city of Barcelona.
In accordance with Law 10/2010, of April 28th, on the prevention of money laundering and terrorism financing, RAMOS GARCÍA VALLÉS, S.L.P. must collect information from its clients regarding their identity, domicile, business, etc.; as well as obtain the completed and signed Client Identification Form. A form in this regard is attached as Annex II to the corresponding Proposal. In cases where the client is not acting on his/her own behalf, it will be necessary to obtain identical information regarding the individual or legal entity being represented.