1. Scope of Engagement
The proposal (also referred to as the engagement letter, fee proposal or retainer letter) together with these general terms and conditions shall govern the provision of the legal services described in such proposal.
Acceptance of the proposal constitutes acceptance of these general terms and conditions.
In the event of any inconsistency between these terms and the proposal, the proposal shall prevail.
The Firm shall provide its professional services in accordance with the scope defined in the proposal. Any modification to such scope must be expressly agreed in writing between the parties.
2. Scope of Advice
The services are provided exclusively for the client identified in the proposal and for the specific purpose described therein.
Unless expressly agreed otherwise in writing, any reports, documents or recommendations prepared by the Firm may not be relied upon by third parties nor publicly disclosed.
The advice is based on applicable law and on the information provided by the client at the time it is issued.
3. Client Obligations
In order to enable the proper provision of the services, the client undertakes to:
· provide accurate, complete and up-to-date information;
· reasonably cooperate with the Firm where necessary for the performance of the engagement;
· inform the Firm of any relevant circumstances that may affect the matter.
The Firm shall not be liable for any consequences arising from incomplete or inaccurate information provided by the client.
4. Fees and Billing
Fees shall be determined in accordance with the relevant proposal or engagement letter.
Unless otherwise agreed:
· invoices shall be payable upon receipt;
· the Firm may suspend the provision of services in the event of non-payment of overdue invoices;
· any external costs necessary for the provision of the services (including notarial fees, registry fees, travel expenses, taxes or third-party professionals) shall be borne by the client.
VAT and any other applicable taxes shall be added to the fees.
In the case of recurring services or retainers, fees may be updated annually in line with the Consumer Price Index (CPI) published by the Spanish National Statistics Institute.
5. Confidentiality and Professional References
The Firm shall treat all information received from the client as confidential and shall not disclose it to third parties, except where necessary for the proper provision of the services, where required by law, or where requested by a competent authority.
The Firm may refer to the client as a professional reference and may include its name, brand or logo in the Firm’s marketing materials or presentations, provided that no confidential information is disclosed. The client may object to or limit such use at any time.
6. Data Protection
The parties shall process personal data arising from the professional relationship in accordance with Regulation (EU) 2016/679 (GDPR) and any other applicable data protection legislation.
Personal data shall be processed for the purpose of managing the professional relationship and the provision of the agreed services.
Where, for the proper provision of the services, the Firm must access personal data for which the client acts as data controller, the parties shall enter into the corresponding data processing agreement in accordance with Article 28 GDPR.
Data subjects may exercise their rights of access, rectification, erasure, objection, restriction of processing and data portability by contacting the Firm at rgpd@databitlaw.tech or the Data Protection Officer at dpd@databitlaw.tech.
Data subjects also have the right to lodge a complaint with the Spanish Data Protection Authority (AEPD).
7. Liability
To the extent permitted by applicable law, the Firm’s liability arising from the services provided shall be limited to the total amount of fees received for the service giving rise to the claim.
Nothing in these terms shall limit liability where such limitation is not permitted by law.
8. Insurance Coverage
The Firm maintains insurance policies appropriate to the nature of the professional services provided, including professional indemnity insurance and specific cyber risk insurance, in order to cover risks arising from legal practice and the handling of information in digital environments.
Such policies are intended to ensure adequate protection against potential claims arising from the provision of professional services or from information security incidents.
The existence of such insurance coverage shall not modify or limit the applicable liability regime under applicable law nor the Firm’s professional obligations.
The Firm also implements technical and organisational information security measures appropriate to the nature of the services provided and in compliance with applicable regulatory requirements, particularly in relation to the processing of confidential information and personal data.
9. Termination
Either party may terminate the engagement by written notice.
In the event of early termination, the client shall pay the fees corresponding to the services effectively rendered up to the date of termination.
The Firm may withdraw from the engagement where justified in accordance with applicable professional rules.
10. Governing Law and Jurisdiction
The professional relationship shall be governed by Spanish law.
Any disputes arising from the provision of the services shall be subject to the exclusive jurisdiction of the courts of Madrid, Spain, with express waiver of any other jurisdiction that may apply.
11. Anti-Money Laundering
The Firm, in its capacity as an obliged entity under Law 10/2010 on the prevention of money laundering and terrorist financing, may request from the client such information and documentation as may be necessary to comply with legal obligations relating to client identification, due diligence and transaction monitoring.
The Firm may also report to the competent authorities any transactions in respect of which there are indications of a connection with money laundering or terrorist financing, in accordance with applicable legislation.