GENERAL TERMS AND CONDITIONS FOR THE PROVISION OF LEGAL SERVICES

("Terms and Conditions")

issued by the company

ZVOLSKÝ ADVOKÁTI s.r.o.

with registered office at Prague 1, Pařížská 1076/7, Postal Code 110 00, Czech Republic
ID No.: 066 68 739
Tax No.: CZ06668739
registered in the Commercial Register administered by the Municipal Court in Prague under No. C 286698
represented by JUDr. Ladislav Zvolský, Ph.D., Executive Director

("Law Firm")

  1. 1. Definition and interpretation of Terms and Conditions

    1. 1.1 Capitalized terms in these Terms and Conditions or in the Contract have the following meanings:
      1. a) "Act on the Implementation of International Sanctions" means Act No. 69/2006 Coll., the Act on the Implementation of International Sanctions, as amended;
      2. b) "Advocacy Act" means Act No. 85/1996 Coll., the Advocacy Act, as amended;
      3. c) "Advocacy Tariff" means Decree No. 177/1996 Coll., Lawyer's Tariff, as amended;
      4. d) "AML Act" means Act No. 253/2008 Coll., on Certain Measures against the Legalization of Proceeds of Crime and Terrorist Financing, as amended;
      5. e) "Client" means you, as the party to the Contract who accepts the Legal Services provided by us as the Law Firm and who agrees to pay the Fee and Monetary Refunds to the Law Firm;
      6. f) "Civil Code" means Act No. 89/2012 Coll., the Civil Code, as amended;
      7. g) "Contact Details" has the meaning set out in Section 8.2 of these Terms and Conditions,
      8. h) "Contract" means a contract for the provision of legal services concluded between us as a law firm on the one hand and you as the Client on the other hand, which may be concluded in written (paper) form, but may also be established on the basis of a sent offer, which you accept in communication with us by e-mail, telephone or another communication channel, and also by granting us a power of attorney (we as the Law Firm and you as the Client shall be collectively referred to as the "Parties" or each individually as a "Party");
      9. i) "Deposit" means a reasonable advance on the (though anticipated) Fee and/or the (though anticipated) Monetary Refunds;
      10. j) "Dispute" has the meaning set out in Section 13.1 of these Terms and Conditions;
      11. k) "Fee" means the contractual fee of CZK 3,500 (three thousand five hundred Czech crowns)/EUR 145.00 (one hundred forty five) which we are entitled to per 1 hour of providing Legal Services unless you and we agree on a different rate of the Fee; with the specific amount of the Fee to be determined depending on the number of six-minute intervals of Legal Services commenced - 0.1 hours (for every 6 minutes commenced we will charge one one-tenth of the hourly rate);
      12. l) "Instructions" means instructions and directions by you as a Client as to how we should proceed;
      13. m) "Legal Services" means all activities provided by us as the Law Firm to you as the Client under the Contract;
      14. n) "Monetary Refunds" means the following monetary benefits due to us as the Law Firm:
        1. reimbursement of all out-of-pocket expenses, including the cost of evidence (expert reports, translations, etc.) or court fees, and reimbursement for the use of a company car (unless the trip is within Prague), which amounts to CZK 30.00/EUR 1.50 per kilometre;
        2. compensation for time missed within the meaning of Article 14 of the Advocate's Tariff, which amounts to CZK 1,000.00 (one thousand Czech crowns)/EUR 45.00 (forty five euro) per hour;
      15. o) "Penal Code" means Act No. 40/2009 Coll., the Penal Code, as amended;
  2. 2. Purpose and nature of the Terms and Conditions

    1. 2.1 The purpose of these Terms and Conditions is:
      1. a) to specify the terms and conditions of the Parties' cooperation so that we can provide our Legal Services to you provided properly and so that our cooperation is beneficial to both Parties;
      2. b) to explain to you what exactly the provision of Legal Services will be like, what values our Law Firm is based on, and other relevant issues so that you can get a clear idea of the content and nature of the obligation under the Contract.
    2. 2.2 What we agree in the actual text of the Contract shall prevail over the provisions of these Terms and Conditions which deal with the same matter differently. Any of your terms and conditions shall only apply if we expressly agree together in writing. The written form under this paragraph does not include the exchange of email or other electronic messages.
    3. 2.3 These Terms and Conditions are available at our office and can also be emailed to you on request. These Terms and Conditions are also available on our website at https://www.akzvolsky.cz.
  3. 3. Interpretation of the Contract and Terms and Conditions

    1. 3.1 The following rules shall govern the interpretation of the Contract and these Terms and Conditions:
      1. a) References to "articles", "paragraphs", or "clauses" shall be construed as references to the relevant articles, paragraphs, or clauses of the Contract or these Terms and Conditions;
      2. b) References to "legislation" or "relevant legislation" shall be construed as references to laws, government regulations, ministerial decrees, or other parts of the legal system of the Czech Republic (or, where expressly stated in the Contract or these Terms and Conditions, to parts of the legal system of another country), including their generally accepted interpretations;
      3. c) References to "professional normative acts" shall be construed as references to the regulations, instructions, and other decisions of the Czech Bar Association (bodies).
      4. d) References to "days" are references to calendar days.
      5. e) The terms "include" or "including" in the Contract or these Terms and Conditions mean "in particular, but not exclusively" (whether or not such wording is expressly stated) and shall not be construed as limiting the options solely to the items listed.
      6. f) If the Contract or these Terms and Conditions make a particular consequence dependent on the knowledge of the Client, the knowledge is that which would reasonably be acquired by a person of ordinary common sense and ability to use it with ordinary care and caution, having regard to the circumstances which must have been apparent to him in his position. This applies mutatis mutandis if the Contract or these Terms and Conditions link a particular consequence to the existence of the Client's doubt.
      7. g) Whenever the Contract or these Terms and Conditions require a Party to give a notice (including the provision of information) to the other Party, the Party must give such notice in a timely manner and set out all relevant circumstances on the basis of which the other Party will be able to draw an informed conclusion unless the Contract or these Terms and Conditions provide otherwise.
      8. h) Terms defined in the Contract or these Terms and Conditions in the plural shall have the same meaning in the singular and vice versa.
      9. i) The headings used in the Contract or these Terms and Conditions are for ease of reference only and do not affect the interpretation of the Contract or these Terms and Conditions.
      10. j) The Client's rights and obligations under the Contract or these Terms and Conditions apply to both the Client who is a natural person and the Client who is a legal person. If a particular obligation is not relevant for natural persons, this obligation applies only to the Client who is a legal person and vice versa.
      11. k) If these Terms and Conditions refer to or otherwise mention the Contract and such reference or such mention is relevant only to the Contract in a particular form or entered into in a particular manner, then such reference or such mention applies only to the Contract in such form, even if not expressly stated in the relevant reference or such mention in these Terms and Conditions.
  4. 4. Our obligations to you as our Client

    1. 4.1 Our aim (as a Law Firm) is to provide you (as a Client) with the best possible Legal Services to achieve an outcome that is satisfactory to you and is both legal and (where possible) also fair. To achieve this goal, we are obliged by the Contract and the Advocacy Act, as well as by other legal regulations and internal normative acts to perform various duties that are listed and described inter alia in this article.
    2. 4.2 We are obliged to conduct our activities, including communication with third parties, honestly, fairly, conscientiously, and with due regard for your interests as our Client.
    3. 4.3 We undertake to comply with the legal regulations and professional normative acts. In particular, we will undertake:
      1. a) to comply with the obligation of confidentiality of all information that we learn or obtain during the provision of Legal Services or in connection therewith, even after the termination of the obligation under the Contract (in particular under Section 21 of the Advocacy Act);
      2. b) to comply with the obligation to keep documentation and client files for 5 years from the date of termination of the provision of Legal Services (according to Article 3 of the Resolution of the Board of Directors of the Czech Bar Association No. 9/1999 of the Bulletin of the Czech Bar Association);
      3. c) unless a specific time limit follows from a legal regulation, or a professional normative act, to fulfil our obligations within reasonable time limits determined at our discretion based on the scope and complexity of the service in question;
      4. d) to refrain from any actions that could, as a result, conflict with your legitimate interests as our Client, in particular, to refrain from acting for another person whose interests conflict with your interests.
    4. 4.4 We shall keep you (whether or not requested by you) informed of any significant developments in the provision of the Legal Services, in particular of the completion of the Legal Services, as well as any circumstances which may be relevant to the provision of the Legal Services and the performance of your or our other obligations under the Contract (including these Terms and Conditions).
    5. 4.5 If providing Legal Services, we research Czech law and rely on Czech law. We are not obliged to advise you on foreign laws or to interpret foreign laws. You must, where appropriate, seek advice on foreign laws and on the tax or accounting consequences of the Legal Services from competent third parties (e.g., tax advisors, auditors, foreign attorneys, etc.). We may recommend such third parties to you – however, even in this case, we shall not be liable for any damage they may cause you. The assessment of tax law or foreign law issues requires an express written agreement in the individual case. For the purposes of this paragraph, written form does not include the exchange of e-mail or other electronic messages.
    6. 4.6 As attorneys, we must comply with the AML Act when providing Legal Services. This applies, in particular, in the following cases:
      1. a) in the custody (escrow) of money, securities, or other property of yours
      2. b) if you require us to represent you in:
        1. procuring the purchase or sale of a property, business enterprise, or part thereof;
        2. the administration of money, securities, business shares, or other property, including acting on your behalf or in your account in relation to the establishment or management of an account at a credit institution or foreign credit institution, or a securities account;
        3. the establishment, management, or operation of a company, business grouping, or other similar entity, whether or not it is a legal person, and the raising and collecting of funds or other things of monetary value for the purpose of establishing, managing, or controlling such an entity;
        4. collections, payments, transfers, deposits, or withdrawals made in non-cash or cash payment transactions or any other action that aims at or directly causes the movement of money.
    7. 4.4 In relation to the provision of the above-mentioned Legal Services, we have the following duties, among others:
      1. a) the obligation to carry out your so-called 'identification' – at the latest if it is clear that the value of the relevant transaction exceeds EUR 1,000, and regardless of this limit if it is a so-called suspicious transaction, the conclusion of an escrow agreement or the establishment of a so-called business relationship;
      2. b) the obligation to carry out your so-called 'control' – whenever the value of a transaction exceeds €15,000 or €10,000 in cash, a transaction with a so-called politically exposed person, or the conclusion of an escrow agreement. The purpose of the check is to obtain information about the purpose and intended nature of the trade or business relationship, the ownership structure of you as a Client or your owner, to determine the sources of funds and, in the context of a trade with a so-called politically exposed person, to take reasonable measures to determine the origin of his/her assets.
    8. 4.5 Your first identification must take place in your physical presence on the basis of an identity document (ID card or passport) containing your photograph unless we agree otherwise.
    9. 4.6 As part of your identification, you declare that you are not a politically exposed person or a person against whom the Czech Republic applies sanctions under the Act on the Implementation of International Sanctions. You undertake to inform us immediately of any change in your status as defined in the preceding sentence at any time thereafter.
    10. 4.7 If we are legally obliged to carry out your identification or control and you do not allow us to do so, we may refuse to carry out the transaction or to take custody of the relevant item.
  5. 5. Your obligations to us

    1. 5.1 You have a duty, even without our specific request, to provide us with all information, documents, and other materials that we need or may need to properly and timely provide our Legal Services. You must provide us with information, documents, and other documents in complete, accurate, unadulterated form and preferably in the original (i.e. not in the form of a scan or other copy). You must also keep us informed of all events and circumstances that may be relevant to our activities. This also applies to information, documents, materials, and circumstances that you obtain or become aware of in the process of us carrying out our work for you, as well as to any changes that occur in the course of our work for you.
    2. 5.2 At our request, you must confirm to us in writing the completeness and accuracy of the information, documents, and other materials submitted to us. For the purposes of this paragraph, a written form includes the exchange of email or other electronic messages.
    3. 5.3 You are obliged to inform us in writing in a timely manner of your long-term absence and unavailability, in particular, due to vacation, business or work travel, hospitalization, etc., and in the event of a change of address, e-mail address, telephone number, name, etc., together with the new relevant data. For the purposes of this paragraph, a written form includes also an e-mail or other electronic message.
    4. 5.4 If you at any time you become aware of an actual or potential conflict of interest that could prevent us from continuing to provide you with our Legal Services, you must notify us promptly and in writing. For the purposes of this paragraph, a written form includes also an e-mail or other electronic message.
    5. 5.5 We must also draw your attention to the fact that, pursuant to Section 347a(1) of the Criminal Code of the Czech Republic, you may not, for the purposes of proceedings before a court, an international judicial authority or in criminal proceedings, submit to us any material or documentary evidence which is material to the decision and which you know to be false or falsified, with the intention that such evidence is used as authentic. Nor may you falsify or alter such evidence with the intention that it be used as authentic. In this connection, we also inform you that, in accordance with Article 6(3) of the Code of Ethics of the Czech Bar Association, we have no right to verify the truth or completeness of the factual information you provide to us without your consent.
  6. 6. Provision of Legal Services and certain rules on payment of the Fee

    1. 6.1 Our Legal Services are primarily provided in the Czech language. However, if the circumstances of the provision of Legal Services require it, we will also provide you with our Legal Services in other languages (in particular English, German, Spanish, Russian, and French), also with the assistance of qualified translators and interpreters, if necessary.
    2. 6.2 The anticipated scope and content of the Legal Services we will provide to you might be set out in the written Contract or in our communication. Depending on the development of your matter, as well as your Instructions and other circumstances, the scope of the Legal Services may be slightly modified. This will of course have an impact on the total amount of the Fee you pay to us – which will ultimately be based on the number of hours of actual Legal Services provided.
    3. 6.3 We cannot provide Legal Services of a completely different kind to you without entering into another contract or at least an amendment to the Contract, nor can we provide Legal Services to any third party, even if it is related to you or if it is your subsidiary or parent company. Nor are we liable to any third party. Accordingly, if you provide any information or documents obtained from us to such a third party, you should expressly notify the third party of that fact.
    4. 6.4 To the extent defined in the Contract, we act on Instructions provided by you or other persons we reasonably believe are authorised to give us Instructions - this may include, for example, your agents, employees, or other assistants. Unless otherwise agreed, in accordance with the general rules of agency in the Civil Code, Instructions given by such persons constitute Instructions to us from you and any other legal acts of such persons constitute legal acts by you to us. Any information provided to them shall in turn constitute information provided to you and any other legal acts of such persons shall constitute your legal acts for us.
    5. 6.5 When providing Legal Services, we rely, among other things, on generally accepted interpretations of legal regulations provided that these interpretations are also based on the existing decision-making practice of courts and other public authorities. However, we shall not be liable in the event that interpretations of the law change in the course of the provision of Legal Services if we could not reasonably foresee such changes at the time of the provision of the Legal Services. Likewise, we caution that courts and other public authorities sometimes make decisions that are completely unpredictable. And the ways of fate are also unpredictable - therefore we can never guarantee in advance with absolute certainty that a particular outcome will be achieved in the provision of Legal Services.
    6. 6.6 In the event that legislation or facts change after we complete the relevant task for you, we are not obliged to inform you of these changes and/or their consequences unless we expressly agree otherwise in writing. For the purposes of this paragraph, written form does not include the exchange of e-mail or other electronic messages.
    7. 6.7 In providing Legal Services, we are not responsible for information provided to us by third parties, i.e. in particular we are not responsible for the completeness, accuracy, or timeliness of such information.
    8. 6.8 The fact that we have confidential information relating to you does not prevent us from providing our Legal Services to others, even if that confidential information may be of interest to some of those others. In doing so, we are required at all times to comply with our duty of confidentiality and our obligation not to act in a conflict of interest.
    9. 6.9 Please note that telephone and video conference calls between you and us are also charged as a Legal Service, regardless of whether the call in question was initiated by you or us. Telephone and video conference calls between us and a third party (e.g. someone you are suing, someone you are about to enter into a contract with, etc.) may be charged as a Legal Service, as well. Please also note that e-mail and other electronic messages are also charged as a Legal Service.
    10. 6.10 If you make any payment in a currency other than Czech crowns, the Law Firm may incur costs due to exchange rate differences. We shall be entitled to claim reimbursement of such costs from you. At your request, we may bill the Fee in a currency other than the currency in which the Fee rates are agreed. In such case, we shall convert the Fee into the requested currency according to the buying rate of the bank by which we have an account. We shall indicate the exchange rate on the relevant invoice.
    11. 6.11 If we provide our Legal Services to several Clients simultaneously in the same legal matter, all such Clients shall be jointly and severally liable for all debts to us arising in relation to the provision of the Legal Services.
  7. 7. Communication between you and us

    1. 7.1 Fast and smooth communication is a key pillar of trust between the Law Firm and the Client. To make communication as easy as possible, both you and the Law Firm may - unless otherwise specified in the relevant provision of the Contract or these Terms and Conditions - choose any form of communication from those provided for in Article 8 of these Terms and Conditions. The Law Firm shall be liable for any risks associated with any form of communication (e.g. the possibility of misuse of data by a third party hacker in the case of an e-mail message, the possibility of interception of telephone calls, delay, non-delivery or interception of messages, unintentional transmission of viruses and other unauthorized manipulation, deletion of e-mail by a third party, etc.) only to the extent that this cannot be excluded by agreement of the Parties. If you would like special security mechanisms to be used in your communication with us that are not normally found in that form of communication (e.g., email messages only with qualified electronic signature, data encryption, etc.), please let us know and we might agree on a further course of action. Similarly, please do not hesitate to contact us if you have any questions regarding the Contract or these Terms and Conditions.
    2. 7.2 You are responsible for ensuring that only you or persons authorised by you have access to your email. You must check your incoming electronic mail regularly, at least once each business day.
    3. 7.3 If you send a particular email to other people (directly or by copy) in addition to us, we may send our response to them, but we have no duty to do so.
    4. 7.4 We only open emails and/or attachments if we are able to clearly match and identify the sender and if the transmission appears secure. Otherwise, we are entitled to delete the e-mail in question without reading it.
    5. 7.5 You have a duty to promptly and carefully review the letters, memoranda, pleadings, and other documents we send you in advance in draft form to ensure that the information contained therein concerning the facts of the case is true and complete. You are then obliged to inform us without delay whether the relevant document can be sent to third parties in the version we have provided to you.
    6. 7.6 Each of us shall inform the other Party of a change in its Contact Details without undue delay and no later than 2 (two) working days after the change has occurred.
  8. 8. Delivery of documents and other notices

    1. 8.1 Unless otherwise specified in the relevant provision of the Contract or these Terms and Conditions, we agree that any documents or notices to be addressed to the other Party shall be served on each other by any of the following methods:
      1. a) by sending a letter to the other Party's mailing address for delivery;
      2. b) by sending an e-mail message to the e-mail address of the other Party, even without a advanced or qualified electronic signature;
      3. c) by a telephone, tele- or videoconference call to the other Party; or by SMS or other electronic message sent to the other Party.
    2. 8.2 For the purposes of Section 8.1 of these Terms and Conditions, the mailing address, e-mail address or other electronic account (e.g. Whatsapp, Messenger), or telephone number of the other Party ("Contact Data") shall be those:
      1. a) which are listed in the header of the Contract;
      2. b) which we have mutually notified each other;
      3. c) from which we communicated and/or will communicate with each other during the term of the obligation (or at the pre-contractual stage) unless these are only the contact details of representatives of either of us or the contact details of other persons who clearly do not appear to have authority to receive the documents or notices in question.
    3. 8.3 We have agreed that for any document or any notice, in the case of service under Section 8.1 (a) of these Terms and Conditions, the effect of delivery (or service) shall be on receipt or refusal thereof: i) on the date of physical delivery of the notice if the notice is sent by courier/messenger or delivered by hand; or ii) on the date of delivery confirmed on the delivery receipt if the notice is sent by registered post.
    4. 8.4 We have agreed that the following, among others, shall serve as proof of service of the document or notice:
      1. a) written confirmation of receipt in case of personal delivery;
      2. b) a delivery note confirming delivery to the addressee;
      3. c) proof of non-delivery of the notification in the case of dispatch to the registered office address of the Contracting Party as recorded in the public register on the date of dispatch (e.g. notification returned to the sender with a message from the post office that the addressee has not received or picked up the consignment).
    5. 8.5 Unless otherwise stated in the relevant provision of the Contract or these Terms and Conditions, you are also entitled to serve documents and notices by visiting our registered office in person, which is specified in the header of the Contract or these Terms and Conditions. Unless you agree with us in advance the exact date of such visit (or a personal visit for any other purpose), we do not guarantee the presence of authorised persons at our registered office.
  9. 9. Personal data processing principles

    1. 9.1 The Law Firm would not be able to perform many of its duties without obtaining and processing your personal data. However, we place great emphasis on protecting it. Our approach to obtaining, protecting, and processing your personal data is described in The Principles of Processing Personal Data of ZVOLSKÝ ADVOKÁTI s.r.o. which are published on our website (www.akzvolsky.cz).
  10. 10. Intellectual property rights license

    1. 10.1 The documents and other materials we create for you remain our property and we have the right to continue to use them. However, we grant you a non-exclusive and non-transferable license to use these documents and materials for the purpose in question. This license does not include the right to sublicense. We may terminate the license with immediate effect if you fail to timely pay the Fee for the related Legal Services and/or the Monetary Refunds. Any publication of these documents and materials, or their disclosure to third parties, requires the prior written consent of the Law Firm. For purposes of this paragraph, a written form does not include email or other electronic communication.
    2. 10.2 You grant us a non-exclusive license to the intellectual property rights included in documents or other materials you provide to us for the purpose of providing the Legal Services to use those rights without restriction to provide the Legal Services and to enforce or defend your rights, subject to our duty of confidentiality, in our sole discretion. You have a duty to ensure that we obtain these rights also in relation to third-party intellectual property rights that you provide to us for the purpose of providing the Legal Services.
    3. 10.3 We are required by law to keep records and, in some cases, retain copies of documents relating to matters we handle for our clients for up to ten (10) years. Although you have the right to access the documents and materials we retain for you until the completion of our work on the matter, we are not obligated to provide you with replacement copies of the relevant documents or materials or the entire client file at any time thereafter unless you agree to pay us the cost of making such copies or to pay a Deposit.
  11. 11. Consumer right of withdrawal from a distance contract

    1. 11.1 If you, as an individual, have entered into a Contract with our Law Firm for a purpose that is neither attributable to your business activity nor to the independent exercise of your profession (as a consumer) and if you have entered into the Contract solely by means of remote communication (i.e. electronically), this Article applies to you.
    2. 11.2 You have the right to withdraw from the Contract within fourteen (14) days of its conclusion without giving any reason. The timely sending of the withdrawal is sufficient to comply with this deadline. You can also use the sample form attached to these Terms and Conditions as an Annex.
    3. 11.3 You acknowledge that you do not have the right to withdraw from the Contract under this Article if the Legal Services have been provided to you in full by the Law Firm on the basis of your express request made in text form before the expiry of the withdrawal period.
  12. 12. Duration and termination of obligation between you and us

    1. 12.1 As our Client, you are entitled to terminate the Contract with us at any time, even without giving any reason.
    2. 12.2 As a Law Firm, we have the right to terminate the Contract in the following cases:
      1. a) the necessary trust between us and you is breached, in particular, if we become aware that you have provided us with false, inaccurate, and/or misleading information or that you have otherwise seriously breached your duties towards us (e.g. you have not paid any invoice properly or on time);
      2. b) you do not provide us with the necessary cooperation, i.e. in particular if you interrupt communication with us for a long-term period of time or fail to attend a meeting at which your personal presence is necessary;
      3. c) we have reason to believe that you are unable to pay your monetary debts to us, in particular, if insolvency proceedings are pending against you;
      4. d) despite being advised that your Instruction is contrary to the law and/or professional normative acts, you will insist that we comply with them;
      5. e) we become aware that we have already provided our Legal Services in the same matter or a related matter to another client whose interests conflict with your interests.
    3. 12.3 We did not agree to any notice period, therefore the obligation between you and us will cease when notice from either of us reaches the other Party. If the statutory or professional normative acts require a specific notice period, the obligation between you and us would only terminate upon the expiry of a reasonable notice period, which the terminating Party should specify in the notice.
    4. 12.4 Unless we agree otherwise, we as the Law Firm are still under a legal obligation to take any urgent action within 15 days of the termination of the obligation which, if not taken within the above 15-day period, would cause you detriment. This shall not apply if you expressly inform us that you do not insist on fulfilling this duty or that you do not wish us to continue working for you.
    5. 12.5 Even after termination of an obligation between you and us, our right to the Fee and/or Monetary Refunds shall remain, in particular those relating to urgent actions within the meaning of the preceding paragraph.
  13. 13. Dispute Resolution

    1. 13.1 We undertake to use our best endeavours to settle all disputes arising between us out of and/or in connection with the Contract ("Dispute") amicably, including, where appropriate, by using the services of an authorised consumer dispute resolution body in respect of legal services provided by a consumer advocate. This body is the Czech Bar Association, with a registered office at Národní 16, 110 00 Prague 1, www.cak.cz; contact details: epodatelna@cak.cz.
    2. 13.2 You as the Client initiate the out-of-court dispute resolution by submitting a request to the Czech Bar Association. Before filing a motion to initiate proceedings with the Czech Bar Association, you are obliged to file your claim with us as and negotiate an amicable solution with us. You should contact the Czech Bar Association only after negotiations for an amicable settlement between you and us have failed.
  14. 14. Final provisions

    1. 14.1 These Terms and Conditions are issued for an indefinite period of time. If there is a need to change the Terms and Conditions, especially as a result of a change in legislation or professional normative acts, their application or standards in the legal services market, we will provide you with an updated version of the Terms and Conditions with at least thirty days' notice. If you object in writing to the new version of the Terms and Conditions no later than one day before the proposed effective date of the change, you will remain legally bound by the original version of the Terms and Conditions. This provision does not apply if you are a Client in the position of a consumer. For purposes of this paragraph, a written form does not include email or another electronic message.
    2. 14.2 For the purposes of any legal relationship arising out of or in connection with the Contract, we agree:
      1. a) to exclude the possibility that a response with an amendment or variation that does not materially alter the terms of the offer will constitute acceptance of the offer;
      2. b) that commercial custom does not prevail over a provision of law that has no mandatory effect;
      3. c) to exclude the application (including by analogy) of the following provisions of the Civil Code: sections 557, 1757(2) and (3), 1799-1800, 1932-1933, 1949(1) third sentence, 1950, 1952(2), 1971, 1995(2), 2003(1).
    3. a) to exclude the possibility that a response with an amendment or variation that does not materially alter the terms of the offer will constitute acceptance of the offer;
    4. b) that commercial custom does not prevail over a provision of law that has no mandatory effect;
    5. c) to exclude the application (including by analogy) of the following provisions of the Civil Code: sections 557, 1757(2) and (3), 1799-1800, 1932-1933, 1949(1) third sentence, 1950, 1952(2), 1971, 1995(2), 2003(1).
    6. 14.3 Our mandate and the rights and obligations arising from and related to it are governed by the law of the Czech Republic. In case that you are a consumer, the choice of law under the preceding sentence must not result in you being deprived of the protection afforded by mandatory provisions of law that would have applied but for that choice of law.
    7. 14.4 In the event of a Dispute regarding the Legal Services provided, the quality of the Legal Services, our invoice, or any related Disputed, you agree that the matter shall be heard by the competent local court in the Czech Republic, which, in the case of Legal Services relating to your business activities, shall be determined by the address of Prague 1, Pařížská 1076/7, Postal Code 110 00, Czech Republic.
    8. 14.5 By issuing an Instruction to our Law Firm, you agree to these Terms and Conditions in relation to the issue to which your Instruction relates and any other issues you may instruct us to undertake in the future.
    9. 14.6 Any arrangements deviating from these Terms and Conditions must be agreed upon in writing. Verbal information provided by any of us or given to each other during the (initial) consultation and information provided over the telephone which deviates from these Terms and Conditions shall not be binding unless we have subsequently confirmed it in writing. The written form for the purpose of amending the content of the Contract does not include the exchange of e-mail or other electronic messages.
    10. 14.7 By giving us an Instruction, you represent that: (a) you have the available resources to pay our Fees and Monetary Refunds; and b) if you are an individual, you are not in bankruptcy that has not yet been finally resolved or a party to proceedings that may lead to adjudication of bankruptcy and/or if you are a legal person, you have not become bankrupt or a party to proceedings that may lead to adjudication of bankruptcy.
    11. 14.8 If there is any change or threatened change in your situation which would render any of the statements in Section 14.7 untrue, you undertake to inform us immediately in writing of such fact. For purposes of this paragraph, a written form also includes email or another electronic message.

 

In Prague on 1. 2. 2023

The Law Firm:

ZVOLSKÝ ADVOKÁTI s.r.o.
JUDr. Ladislav Zvolský jr., Ph.D.
Executive Director