Terms & Conditions of service (TCS) | JMS Lawyer

JMS Lawyer

Spanish law in plain English

Terms & Conditions of service (TCS)

 

Date last updated: 24 September 2018

1. Website ownership Identification details of the www.jmslawyer.es web page:

* Name and surnames: Jordi Mauri Solé

* Spanish tax identification number: 38145995N

* Address: Calle San Eugenio 1, 5-5, 03140, Guardarmar del Segura, Alicante, Spain. 

* Email: jms@jmslawyer.es

 

2. Consent

By visiting this web page, visitors are attributed a user status, and therefore wholly accept the terms and conditions detailed below.

In order to improve your user experience, we collect data automatically (I give a more detailed explanation in the cookies section), but this is not information that we share with third parties. Furthermore, it is possible that you may send us a message to ask for information or to contract our services: we also keep that information, so that we can develop and carry out our work. Without it, we would not be able to perform the service requested of us.

 

3. Services

When you visit our web page, you will find a navigation menu where you can currently get information about:

* Home: On our home page, you can read a short description of who I am and why our website is in English.

* Services & Fees: On this page, you will see the main professional services that we offer as well as our prices. It is important that you bear the following in mind with regards to our fees:

* The currency we use is the euro (€).

* The amounts do not include VAT.

* They do not include other costs that could incur such as notary minutes, solicitors, registry costs, taxes, postal services, couriers, etc.

* News: On this page, you can read the articles we publish from time to time on topics that we feel may be of interest to our clients.

* About us: On this page, you can find out about each member of our team, their name, their field of speciality, their experience and their

contact details (email and telephone number).

* How to find us: We show you where to find our offices.

* Contact: If you want to contact us, you can complete the form found on this page.

3.1 Special conditions that govern our professional services

If you do contact our services, it is important to bear the following in mind:

a) Consent: In order to begin to carry out our work, it is necessary first for you to give us your consent in a valid manner, for example, sending us an email in which you clearly state that you entrust us to manage the matter at hand.

b) Service provision: We work in a professional manner and we will inform you as accurately as possible of everything that could happen. You will know the exact steps that we will take in order to try and resolve your problem. This contract is a contract of service agreements, and therefore, we are obliged to work as diligently as possible in our efforts to carry out the work entailed in our profession, but we cannot guarantee any type of result unless it has been expressly agreed and is possible due to the nature of the service.

c) Legal costs: If the matter that you require us to undertake involves going to court, the risk of your case not being admitted or accepted by the Spanish judicial system always exists. Therefore, you may be asked by the opposing party to pay certain fees, which are technically referred to as “legal costs”, as well as paying your own lawyer’s fees that you have already agreed with him in advance.

d) Prevention of money laundering and financing terrorism: Current legislation legally requires us to fully collaborate with the authorities in the prevention, or if appropriate, the pursuit, of money laundering; therefore, if you decide to contract our services, you do so with the consent of providing us with all the necessary information required to comply with this obligation.

e) Documentation: In order to do our job, we will need to ask you for specific documents and information and, for this reason, you agree that all the documents that you give us plus all the information is accurate and truthful, exempting us from any responsibility for any loss or damages you may suffer as a consequence of any inaccuracies contained within the documentation or information provided.

All the information that you provide us with will be considered confidential and we will adopt all the necessary security measures to ensure that no unauthorised person can access it. Similarly, once the job has concluded, we will return all the documents that we are not legally required to hold on to, whether it’s in original format or a photocopy, regardless of whether it is in physical or digital format.

f) Invoice and provision of funds: The legal fees and the method of payment will be agreed between both parties and set out in the way established by the law applicable to the specific legal service, if any. The agreement of tariffs will specify whether VAT is included or not and the total amount for the service provided will be indicated, as will the corresponding amount to pay in VAT. Similarly, this information will be shown as clearly and completely as possible, considering the information you give to us, all the costs and foreseeable expenses in order to carry out the service required in full.

The payment of the lump sum is budgeted for the basic service and does not include other professional services that could arise after the initial task has been completed nor resources or incidents that may occur, even in the first instance when dealing with judicial matters.

The amount to be paid in fees under the service contract does not include the fees of other professionals assigned to the matter (such as solicitors), nor does it include the necessary expenses or any other costs from third parties or any other cost required to carry out the task that has been undertaken.

The fees are accrued at the time of signing the service contract, regardless of the payment schedule agreed. For this purpose, it is understood that the place of payment is at the address of www.jmslawyer.es. You authorise us to apply the payments received as provision funds, or as third parties in the name or in the interest of the client for whatever reasonable cause, or to pay the invoice generated by other professional duties, or to pay the provision of funds for fees and expenses of other third parties assigned professional tasks.

g) Payments: In principle, payments for our services are usually carried out by bank transfer from an account of which you are a titleholder to an account of which www.jmslawyer.es is the named holder. However, we can agree another method of payment if you require. In fact, we do accept payment by credit card for our services. It will be necessary that you are the named titleholder of the credit card or that you are legally authorised to use it if the ownership of said card corresponds to another person.

h) Early termination of the contract: We reserve the right to terminate our contract with you if you breach any of the obligations you are required to carry out, without prejudice to the moral code of ethics that oblige us to continue with all our efforts to protect your interests and guarantee that your case will not suffer while it is not taken over by another lawyer, if you so wish, especially when it comes to dealing in judicial matters. If we decide to take this decision, we will communicate this to you in writing and this will be justified in any case. For these purposes, our decision will be justified if we base it on the loss of trust between us.

i) Penalty clause: If this contract is terminated early, both parties agree that the party that does not fulfil his obligations must pay a penalty of 50% of the fees previously agreed or the return of 50% of the total paid up until that date if the amount paid comes to more than 50% of the total. The amounts will not include, under any circumstances, expenses paid to third parties nor any other necessary costs incurred until the date of the resolution. And all this is without prejudice of any other damages or losses that we can claim and prove. The compensation that we ask of you will be reasonable and proportional to the amount of work already carried out, prevailing to what has been set out in this clause. In the same way, the amount agreed or that we effectively claim from you will prevail over the provisions of this clause.

j) Communication: Both parties agree that the addresses supplied are valid to communicate with each other.

Any type of changes to the contact details that either party wishes to make should be made known in writing and will only come into force when they have been duly received and confirmed by the other party and from that moment on.

Clients may specify which methods of communication they prefer to use or are exclusive to contact them by.

The client accepts non-encrypted emails as a standard form of communication between both parties. The client exonerates www.jmslawyer.es of any responsibility regarding any technical errors that may occur by the said method, except in the case of an error attributable to the webpage. However, the website uses SSL technology, which ensures that the transfer of data through the site is as safe as it possibly can be, considering today’s state-of-the-art technology.

k) Consumer rights: We inform you that as a consumer you enjoy all the rights established in Spanish legislation in the Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws.

 

4. External links

Sometimes we will add links to external sites, in order to show you certain information or facilitate any searches that you do. This does not mean that we exercise any type of control over these sites nor the content shown in them, and, consequently, we cannot assume any association or responsibility for what you do on those sites, nor guarantee their technical availability, quality, reliability, accuracy or truthfulness.

 

5. Age

You declare that you are of legal age and that you possess the legal capacity necessary to be bound to this agreement and to use the Service agreeing to these terms and conditions, which you fully understand and accept.

You declare that all the information provided to access the Service, before and during its use, is true, complete and accurate.

 

6. Intellectual and industrial property

The website in its entirety, including but not limited to, its design, structure and distribution, texts and content, logos, brands, buttons, images, drawings, source code, as well as all intellectual and industrial property rights and any other distinctive sign belong to or are assigned to www.jmslawyer.es or, where appropriate, to the natural or legal persons that figure as authors or owners of the rights, or of their licensors.

 

7. Availability of the website

We will make every effort possible to ensure that the www.jmslawyer.es website is available, however, we cannot guarantee that the site will work constantly, reliably and correctly at all times, without delays or interruptions, and so for this reason www.jmslawyer.es, its directors, employees and agents cannot be made responsible for any losses or damages that might occur from the possible failures in availability and technical continuity on the site, nor any errors or inaccuracies of the content.

Www.jmslawyer.es is not responsible for any damage and/or loss and/or gain no longer obtained by the user or any other third person that suffers as a result of any exceptional or unforeseen circumstances out of the owner’s control, fault or error in the lines of communication, of the faulty service provision or Internet network failure.

It is not possible to control or guarantee the absence of any viruses, bugs, Trojans, or any other element in the content that could produces alterations in the computer system (software and hardware) or in the electronic documents and stored files in the user’s computer system.

 

8. Liability

To the extent permitted by law, www.jmslawyer.es shall not be liable for:

a) any errors or omissions in the content; b) any lack of availability of the web or; c) the transfer of any viruses in the content, despite having adopted all the necessary technological security measures to avoid this.

We try to ensure that our content is stored in a safe place, but we cannot guarantee miracles.

 

9. Data protection

The data or personal details that you provide us in order to carry out this service or that which is obtained through automated methods are collected and treated in compliance with the current data protection legislation.

As a user, you can exercise your rights to access, correction, deletion, suppression, processing limitation, objection and the portability of the personal data we have on you. You do not have to give us a reason why; you only must send us an email to jms@jmslawyer.com with the request and we will try to resolve it in the shortest time possible.

Do not forget to include details such as your name and surname, and to attach a photocopy of your identity card or passport, so that we know who you are and that it is you.

 

10. Privacy

If you would like to read our privacy policy, please click here.

 

11. Cookies

Here are the rules that we apply to cookies, with a complete list of the ones that we use and details of how they work.

 

12. Changes in this policy

These texts or the content of the website may change at any time. If they are big changes, that will affect you as a user, we will notify you through the site and you can take a look whenever you want to. The changes will come into force from the moment they are published, unless stated otherwise, but 99% of the cases will be as soon as we publish them.

 

13. Partial invalidity

In the event that one or more of the clauses contained within this contract are declared invalid by a court, these conditions will continue to apply to everything else.

 

14. Resolution of conflicts and governing law

These terms and conditions of use of the www.jmslawyer.es web page are governed by Spanish law and, for the solution of any controversy that may arise in relation to them, the parties, that is to say, the user and the owner of the site, shall submit to the jurisdiction of the courts of the city of Alicante.

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