Konkurentsiõiguse ekspert @ Sorainen

These terms and conditions apply to all services provided by Sorainen law firms: Advokaadibüroo SORAINEN AS (Estonia), ZAB Sorainen (Latvia), Advokatų kontora Sorainen ir partneriai (Lithuania) and IOOO “Sorainen i Partnery/Advocates Bureau “Sorainen” (Belarus). These law firms are individually and jointly referred to as Sorainen. By entering into an agreement with Sorainen for the provision of legal services, you (the Client) are deemed to have accepted these terms and conditions as a part of the agreement.

• When the Client instructs us on an individual matter, the Engagement Letter is concluded setting out, inter alia:

(a) Sorainen office responsible for the assignment;

(b) the scope of the work which Sorainen agrees to undertake;

(c) who will be the responsible partner and other key team members whom we will try not to replace unless it is in the interests of the Client to involve other individuals;

(d) the fees. When terms of the Engagement Letter differ from these terms and conditions, the former will prevail.

• Assignments can be performed most effectively if the Client immediately informs Sorainen of all related facts and other relevant information.
• The list of Sorainen professionals who may be involved in performing assignments can be found at www.sorainen.com.
• Work is considered as accepted and conforming to the Client’s requirements after 14 days from delivery unless the Client informs Sorainen of its reasonable comments or objections during this term. All intellectual property rights remain with Sorainen.
• Sorainen may revise hourly rates annually or otherwise. Fees are mainly based on time spent (including necessary travel and waiting time) on the Client’s assignment, billed in units of 1/10 of an hour. Reasonable expenses directly related to the assignment (e.g., travel, accommodation, communication, other costs) are charged separately. Rates may be additionally increased if due to the Client the work has to be done at short notice. In disputes, it may be possible to partially recover legal fees from the opponent, although the Client may have to pay other parties’ costs if a dispute is lost.
• Invoicing is monthly (unless agreed or Sorainen decides otherwise) by e-mail and without signature. Payments are due within 14 days. Late payment interest of 10% per annum applies. Sorainen may choose to transfer any claim related to the payment of Sorainen invoices to debt collection service providers. The Client consents to the disclosure of information and documentation to third parties for debt collection purposes. Bank transfer fees, as well as expenses related to debt collection, are compensated by the Client. If the Client requests Sorainen to invoice any amount to another person, the Client remains liable for full payment of any such amounts.
• The Client consents to all data (including personal data) being stored and processed for identification of the Client, also for the performance of assignments and marketing purposes, subject to security and confidentiality measures applied by Sorainen offices. The Client confirms that it is entitled to hand over such data to Sorainen for processing. Persons whose personal data is processed by Sorainen have a right (by contacting Sorainen) to access their personal data, request correction of errors in data, or stop processing the data.
• Sorainen aims to protect its IT systems and electronic communications technologies which may also include cloud-based services and other solutions (“ICT solutions”). Sorainen will not be liable to the Client if ICT solutions used by Sorainen are accessed, intercepted, changed, or destroyed by unauthorised third parties.
• Without the express consent of the Client, Sorainen may not advise opponents of the Client in the same matter on which Sorainen is advising the Client. Without the Client’s explicit consent, Sorainen cannot provide legal advice to the Client’s opponents in the same matter in which Sorainen consults the Client. The Client explicitly agrees that Sorainen may from time to time (including the term of the Engagement Letter or in the course of performance of Client’s assignments and thereafter) provide legal advice on unrelated matters, also represent or defend the clients whose interests may misalign or conflict with the Client’s interests.
• Future services will be provided to the Client upon receipt and acceptance by Sorainen of a new assignment and may be subject to Sorainen hourly rates applicable at the time or other indicated rates. Sorainen may decline to perform an assignment if a direct or indirect conflict of interest exists if the assignment is outside its competence, or for other reasons.
• Active solicitation by the Client of Sorainen professionals is prohibited during the term of this Engagement Letter and one year after its termination or expiry.
• Sorainen is liable only to the Client and is liable only for direct loss, except for cases of intentional misconduct. Any liability of Sorainen (including its professionals or employees) is insured and limited to five times the amount of the fees invoiced by and paid to Sorainen for the performance of a respective assignment. In any event liability of Sorainen in front of the Client may never exceed EUR 1 million in total. Sorainen may accept to increase this limit of liability under the separate agreement with the Client. Sorainen is not liable for any claim relating to any assignment that is brought after the expiry of three years from the date when the respective advice/service was provided. Sorainen is not liable for services of third-party subcontractors or other services or supplies outsourced in relation to the Client’s assignments (e.g., notaries public, bailiffs, translators, etc).
• Either party may terminate any assignment at any time by giving notice (including by e-mail or letter) containing reasons for termination. Termination is permissible without advance notice upon suspicion that the business relationship may be linked to money laundering or terrorist financing.
• Sorainen may suspend performance of assignments if the Client does not make payments in time or does not cooperate or in other cases prescribed by law. On termination, the Client pays all fees and expenses incurred up to the date of termination as well as fees and expenses related to termination. Until payment, Sorainen may retain assignment-related documents and other property, which Sorainen holds for the Client, including funds in the Client’s account. Work requested by the Client in relation to an agreed assignment following its completion or outside the scope of the agreed assignment may be charged separately at standard rates or as otherwise agreed with the Client.
• The Sorainen office responsible for each assignment is agreed in the Engagement Letter or otherwise with the Client. Other Sorainen offices are not responsible for the assignment and may not be held liable for this unless there is an explicit agreement between the respective office and the Client
• Any dispute, controversy, or claim arising out of or relating to this contract or to breach, termination, or invalidity of this contract shall be resolved by arbitration in accordance with the Rules of Arbitration of the Arbitration Court of the Latvian Chamber of Commerce and Industry (LCCI), in Riga, Latvia, by one arbitrator, in the English language. Sorainen may choose to submit any claim related to payment of invoices to the court of the location of the Sorainen office which issued the invoice.
• The contractual relation between Sorainen and the Client is governed by the laws of the country where the Sorainen office that was primarily in charge of the respective assignment is located, including the applicable rules and ethical norms of the local bar association.