Terms of Service.

These General Terms and Conditions of Provision of Services constitute an integral part of the contract with the client (Contract with Client) entered into by and between K.A.P. & Associates and the client (Client) and apply to the provision of services, unless agreed otherwise. In the event of differences between the General Terms and Conditions and the Contract with Client, the Contract with Client shall prevail. 

1. Terms and conditions for providing legal services by K.A.P. & Associates

1.1. K.A.P. & Associates shall provide the Client with consulting and legal services consisting of professional legal counselling, and preparation of documents for the person and performing other legal acts in the interests of the person.

1.2. In performing the Contract for Services and the assignments, in applying his or her experience and in finding solutions the attorney shall be guided by the objective to ensure the maximum legal protection of the Client’s interests, including to create legal certainty and clarity, and shall be guided by law and professional ethics.

1.3. The intellectual property rights created within the framework of consulting and legal services provided by K.A.P. & Associates belong to K.A.P. & Associates, and K.A.P. & Associates shall grant the Client a non-exclusive license for the use of the created documents worldwide in a manner necessary for the Client.

1.4. K.A.P. & Associates shall ensure the quality of the consulting and legal service provided to the Client and shall be liable for the direct patrimonial damage caused to the Client through intent or gross negligence during the performance of the Contract for Services.

1.5. The attorneys and consultants of K.A.P. & Associates shall apply due diligence measures with regard to the Client, its representatives, actual beneficiaries, transactions and business partners to the extent established in the Money Laundering and Terrorist Financing Prevention Act.

2. Authorization

2.1. The authorization and liability to act on behalf of the Client shall come into force at the moment of conclusion of the Contract for Services. The Contract for Services is deemed concluded if it has been signed or if the intent of the parties has been explicitly expressed in a format which can be reproduced in writing or action.

2.2. In order to replace the attorney or consultant performing the assignment, K.A.P. & Associates shall appoint one of its attorneys or consultants as a substitute. The Client is entitled to demand replacement of the substitute.

2.3. The assistants to the attorney-at-law act under the guidance of their patron.

2.4. K.A.P. & Associates and the attorney or consultant shall not conclude transactions on behalf of and on the account of themselves in the interests of or based on the assignment of the Client, if the purpose thereof is to conceal the actual beneficiary owner, circumvent any supervision, tax, reporting and other obligations, or any other purpose contrary to the law.

2.5. K.A.P. & Associates is entitled to process the personal data of the Client and third parties relating to the performance of the assignment in accordance with the Privacy Policy of K.A.P. & Associates available at www.kap-associates.com/privacy-policy

2.6. K.A.P. & Associates shall identify the Client at the first meeting.

3. Fees and costs

3.1. The principles for calculation and the amount of the fees for legal services are indicated in the Contract for Services either as an hourly fee, a fixed fee (so-called assignment fee) or a combination of the assignment fee and the performance fee.

3.2. The agreed hourly rate shall be valid for one (1) year, after that the parties shall, in good faith, agree upon a new hourly rate.

3.3. The hourly rate for the work performed, at the request of the Client, outside the usual working hours shall be multiplied by the coefficient of 1.5 and the hourly rate for the services necessary for the performance of the Client’s assignment to be performed by the technical staff of K.A.P. & Associates (e.g. delivery of documents, examining documents in administrative agencies, etc.) shall be multiplied by the coefficient of 0.6.

3.4. K.A.P. & Associates shall keep account of the time spent on the performance of the Client’s assignment. The smallest unit of time used for the accounting is five (5) minutes and the time spent on activities is rounded up with the accuracy of five (5) minutes.

3.5. The Client shall reimburse K.A.P. & Associates for the justified and necessary expenses relating to the performance of the assignment. The expenses to be reimbursed include e.g. state fees, translation costs, expert fees, reasonably necessary travel expenses (plane tickets, ferry tickets, hotel accommodation, etc.), necessary courier and communication costs, cost of making unusually high number of copies, binding, etc. At the request of the Client, K.A.P. & Associates shall add the relevant expense receipts (invoices, receipts, boarding passes, etc.) to the invoice for the legal services.

3.6. As a rule, K.A.P. & Associates shall submit the invoice for the legal services provided and the expenses incurred during the previous month at the beginning of the next month. The maturity of the invoice is 10 days, unless otherwise agreed by the parties. At the request of the Client, K.A.P. & Associates shall supplement the invoice with a report on provided services.

3.7. In the event of delay in payment, K.A.P. & Associates is entitled to demand payment of fine for delay of 0.25% of the unpaid amount for each delayed day, and to discontinue performance of the obligations assumed under the Contract for.

4. Confidentiality

4.1. The confidentiality of the communication with the Client at the place of business of K.A.P. & Associates is ensured by law and K.A.P. & Associates shall maintain the confidentiality of the fact of provision of services, the content of legal assistance and the amount of the fees.

4.2. The confidentiality obligation shall not be limited in time and shall apply to all the employees of K.A.P. & Associates. K.A.P. & Associates shall duly observe the requirements of the professional ethics of attorneys.

4.3. The confidentiality obligation shall not extend to K.A.P. & Associates only in the event of a direct obligation arising from the law (including the Money Laundering and Terrorist Financing Prevention Act) to disclose information, or if the consent to disclose the information arises from any authorization or assignment of the Client.

4.4. K.A.P. & Associates shall make reasonable efforts to ensure confidentiality of any communication performed by means of electronic devices, but the Client is aware that it is impossible to guarantee full confidentiality in case of such communication.

5. Documents and other information

5.1. K.A.P. & Associates has no obligation to verify the accuracy of information received from the Client.

5.2. K.A.P. & Associates shall, during the performance of the assignment, maintain all documents related to the performance of the assignment that are received from the Client or third parties.

5.3. K.A.P. & Associates is entitled not to maintain documents in paper form if there is an electronic copy thereof (except for original documents). K.A.P. & Associates shall not maintain any printouts of electronic correspondence and electronic documents publicly available on the Internet.

5.4. K.A.P. & Associates is entitled to withhold the documents of the Client until the fees for the legal service and the costs related to the provision of service have been reimbursed.

5.5. After the termination of the assignment or the Contract for Services, the Client is obligated to collect, on its own account, from K.A.P. & Associates the documents received for performance of the assignment from the Client or third parties.

5.6. After the termination of the assignment, K.A.P. & Associates shall keep the documents received for six (6) months, unless agreed otherwise.

5.7. After the expiry of six (6) months, K.A.P. & Associates is entitled to destroy the documents or store them in the archive and to demand the reimbursement of the relevant expenses from the Client.

6. Validity and termination

6.1. K.A.P. & Associates is entitled to amend these present General Terms and Conditions at any time by informing thereof on its homepage. The most recent version of these Terms and Conditions is always available at www.kap-associates.com/terms-of-service.

6.2. Upon the termination of the Contract for Services, K.A.P. & Associates shall reasonably consider the objective to avoid damaging the interests of the Client.

6.3. The Client may terminate the Contract for Services at any time by informing K.A.P. & Associates thereof.

6.4. K.A.P. & Associates may waive the obligations assumed under the Contract for Services or terminate the Contract for Services, including without disclosing the reasons therefore, if:

a) there occurs a conflict of interest; or
b) the Client has submitted a request, the fulfillment of which requires the attorney or consultant to violate the law or the requirements of professional ethics; or
c) the Client has violated a material provision of the Contract for Services; or
d) the Client fails to submit information or documents that are necessary for K.A.P. & Associates or the attorneys for the application of the due diligence measures; or
e) at any time during the provision of legal services, there occurs a circumstance that suggests that the person, act or business relationship is connected with money laundering or financing of terrorism, or that the Client, its representative or its actual beneficiary is subject to a sanction, or if so required by the supervisory authority related to the prevention of money laundering and terrorism financing.

6.5. The legal relationship arising from this contract shall be governed by the respective national laws. The parties shall attempt to settle any disputes by means of negotiations. If the parties fail to reach an agreement, the disputes shall be settled at court.