GENERAL CONDITIONS OF INTERVENTION
The Squair law firm will carry out all useful due diligence in agreement with the Client. The Firm will keep the Client regularly informed of the progress of the mission entrusted to it.
Fees are in euros (€), excl. VAT and charges. The Firm’s fees may be fixed in relation to an hourly rate or be flat-rate for the mission entrusted. Unless otherwise stated, fees are calculated by applying an hourly rate that can be revised annually. The Parties may agree, during a first mission or at any time, on pricing conditions modifying the financial conditions of intervention or adding new terms and conditions related to defined missions.
Prior to each intervention of the Firm, the Client may request an estimate of the budget required for the performance of the service. This estimate is purely indicative and has no contractual value. However, any significant variation in the hourly volume, in particular due to a difficulty or a new element, will be subject to a prior information if the conditions of performance and the nature of the mission allow it. At the end of the service, if the estimated budget is exceeded due to a duly justified difficulty, new elements, i.e. elements of which knowledge was obtained after the assessment was established, including new requests from the Client, this overrun may be invoiced by the Firm in application of the above hourly rate.
When the estimate concerns the drafting or analysis of contracts, it includes the transmission of the draft to the Client for comments and its implementation by the Firm. Beyond this and unless otherwise specified, the implementation of comments from the Client or the co-contracting party shall be invoiced by applying the above hourly rate, notwithstanding the possible flat-rate of the agreed fees.
The Firm may request a retainer on fees.
4. Settlement of invoices
Unless otherwise agreed between the Client and the Firm, work performed during a month is invoiced at the beginning of the following month.
Invoices for fees and costs are payable in cash, upon receipt of invoice, without discount. They may also be paid by cheque or bank transfer.
In the event of non-payment of fees and expense invoices, the Firm reserves the right to suspend the execution of the Mission, of which the Firm will inform the Client in due time, drawing its attention to the possible consequences.
Any invoice not paid within the above-mentioned payment deadline shall give rise to the application of late payment interest at the rate of 3 times the legal interest, payable without prior notice. In the event of late payment, the Firm also reserves the right to ask the Client for a fixed compensation for recovery costs, currently set at 40 euros, per unpaid or late paid invoice.
5. Fees, disbursements and expenses
Costs, disbursements and expenses shall be paid without delay by the Client, either directly to the professional who invoiced them, or to the Firm which shall have made the advance payment on behalf of the Client. These costs, disbursements and expenses include, but are not limited to: travel expenses, bailiff’s fees, translation costs, etc.
6. Final account
Prior to any final settlement, the Firm shall provide the Client with a detailed account. This account must show separately the costs and disbursements, the fee schedule and the fees. It must mention any sums previously received as retainers or other amounts.
In the event that the Client wishes to divest the Firm, for any reason whatsoever, the Client shall pay, within 45 days of receipt of the fee note, all fees, costs, disbursements and expenses due to the Firm for the work carried out prior to divestment.
8. Ownership of results
The results of the Firm’s services may take the form of written documents (contracts, consultations, etc.) or oral presentations of any kind. Each of these results can benefit from copyright protection provided that they are original. By default, the Firm will remain the full owner of all intellectual property rights relating to the results delivered. Under the present terms, the Client benefits from a non-exclusive right of reproduction and representation of the results, limited to its internal needs. This limitation shall not prevent the reproduction or representation of the results for the purpose of communication to third parties provided that these operations correspond to the usual purposes of the results delivered.
No form of commercial exploitation of the results is authorised, in particular with regard to model contracts or training materials.
The translation or modification of the deliverables is expressly authorised but releases the Firm from any liability for the resulting document.
The rights granted in this article are valid for the world and for the legal term of protection of the works by copyright in force in France.
The Firm expressly waives the exercise of its right of authorship on the results of its services. Also, for the sole purpose of informing and warning third parties, and without this operation creating any rights, the Client is authorised to affix a notice on the documents such as “Copy forbidden – This document is the property of the company X”.
Exceptionally, the Firm shall transfer full ownership of the economic rights to the results when the service consists of the creation on behalf of the Client of original works intended to be marketed or distributed under the Client’s name or trademark. In the latter case, the Firm shall be entitled to demand respect of its autorship rights in a form agreed with the Client.
9. Personal data
9.1. Necessity of collection and purposes
The data collected in the context of the missions defined herein is processed to respond to the Client’s requests and more generally, for the purposes of processing and monitoring files, invoicing and recovering, or setting fees.
As part of its professional relations, the Firm regularly contacts its clients through newsletters and invitations to events (breakfasts, conferences, etc.). The Firm wishes to keep in touch with its clients and send them legal information and news, mainly in the field of business law, which are useful to the Client’s activity.
9.2. Responsible for processing and recipients of the data collected
The Firm is responsible for the processing of personal data. For the sake of client-attorney privilege, all information is intended solely for the lawyer of the Firm in charge of the Client’s case and its authorised staff, including associates and trainees. The data collected from the Client is not transmitted to commercial or advertising actors.
9.3. Duration of data retention
The data is only kept for the time necessary for the purposes pursued, in accordance with the applicable legal or ordinal prescriptions. In addition, the Client’s data will be used for canvassing purposes up to 3 years after the end of the relationship with the Client or the last contact from the Client.
9.4. Personal rights
The data is not subject to any transfer outside the EU, except for mission needs where applicable (eg sharing relevant data with a foreign lawyer in the context of a multi-jurisdictional case).
9.5. Personal rights
For legitimate reasons, the Customer may object to the processing of data concerning him. However, the Client’s attention is drawn to the fact that failure to provide any useful information may prevent or delay the processing of the request by the Firm.
In accordance with the General Data Regulation Protection Act (GDPR) and with the French Data Protection Act of 6 January 1978 as amended, the Client has the right to information, access, rectification, deletion, limitation of processing and a right of opposition. Where applicable, the Customer also has the right to the portability of his data. The Client may also give instructions to the Firm as to the fate of his data after his death.
The above rights may be exercised by contacting Squair – 29, rue de Saint-Pétersbourg – 75008 Paris or by e-mail at the following address: email@example.com.
The Client may lodge a complaint with the CNIL if he considers that the protection of his personal data has not been ensured.
The present conditions of intervention are subject to French law.
In the event of a dispute relating to the execution, interpretation or termination of these terms and conditions of intervention, either party may refer the matter to the Bâtonnier of the Paris Bar Council at the Paris Court of Appeal.
It is expressly agreed between the parties that in the event of a dispute, the amount of fees, costs and disbursements calculated as provided for in the engagement letter, and remaining due to the Firm, must be deposited in the hands of the Bâtonnier of the Paris Bar Council at the Paris Court of Appeal pending a final decision on the determination of the fees, costs and disbursements.