Terms and Conditions

JMS Lawyer

Last update: December the 4th 2019

 

1. Web ownership

Identification details of www.jmslawyer.es:

  • Name and surname: Jordi Mauri Solé
  • Tax identification number: 38145995N
  • Domicile: Callle San Eugenio 1, 5-5, cp 03140, Guardarmar del Segura, Alicante.
  • email: jms@jmslawyer.es

2. Consent

The use of this web makes you a user who accepts these terms and conditions.

To improve your experience as a user we automatically collect some data (see our cookies policy) but we do not share this data with anyone. Also, if you send us a message asking for information or making a query we collect that information in order to provide the service or give you the information otherwise we would not be able to do what you asked us for.

3. Services

When you visit our page you can find our menu which currently includes:

  • Home: When you enter you can read a brief cv of mine and why this page is in English language.
  • Team: You can find here all our colaborators: name, área of expertise, experience and contact details (email and telephone number).
  • Services&Fees: You can find here our main services and their minimum prices. Please, take into account the following: the currency used is the Euro, prices do not include the VAT applicable at the time, and the prices do not include either other expenses such as third party expenses (i.e notaries and tax representatives), taxes, postal services, couriers, certificates, etc.
  • News: You can read here our posts about issues we understand are of interest of our client.
  • Payments: through this page you can pay our hired services.
  • Contact: You can contact us filling in our contact form.

Particular conditions aplicable to our services

If you hire our services, please take into account the following:

a) Consent: in order to do any job on your behalf we will need to have your consent in any valid way such an email engaging our services to do a specifi task.

b) Service provision: We will do our job the best posible way and we will keep you duly informed. You will also know what do we have to do to solve your legal pain. But this is a contract where you hire some services and we cannot guarantee the outcome unless it is specifically agreed in our contract and the issue is subject to have a guaranteed outcome (i.e. if you asks us for a report we must deliver the report but we cannot guarantee a report stating what you want but stating what it is the situation in our best professional opinion).

c) Legal costs: in court cases it does exist always the risk to pay the legal fees of the other party/ies apart from your own.

d) Money laundering and terrorism financing prevention: the regulations on these subjects require us as Lawyers to cooperate with the competent authorities on the aforementioned issues. When you hire our services you agree that we might disclose all the necessary information to comply with those regulations.

e) Documentation: in order to do our job, we will ask you for some information and documentation. For this purpose you commit to provide accurate and truhful information and documentation disclaiming us of any liability from any damage caused by the lack of accuracy and truth of the said information and documentation.

All information provided by you is deemed as confidential and we will take all the necessary measures to avoid any unauthorized access to that information. Also, once we have finished our job we will give you back all the original documentation we do not need to keep by law regardless of format or not.

f) Invoices and provision of funds: The legal fees and the payment method will be agreed between the parties and set in any possible way allowed by the regulations of the legal profession. The fees agreement will stipulate either if the VAT is included or not and it wil show which is the amount for the service and of the VAT involved. Also, it will in the most complete way taking into account the information provided by the client, all the costs and expenses foreseeable to complete the service required.

Accrual. The amount for attorney’s fees under the service contract does not include fees of other professionals involved in the matter (such as court represntatives), nor it is comprehensive of travel expenses or any other third parties expenses or any other necessary cost to complete the entrusted task.

The fees are accrued at the time of signing this document, regardless of the payment method agreed.
Form and place of payment. Place of payment is considered to be www.jmslawyer.es’s domicile. The client authorizes http://www.jmslawyer.esto apply the payments received either as a provision of funds, or as third parties on behalf of or in the interest of the client for any reasonable cause, or to pay the bill from other professional tasks, or to pay the provision of funds for fees and third parties expenses from other professional tasks assigned.

g) Payment method: Mainly payments can be made by paypal trough our website. Nevertheless, we can agree any other payment mean like a bank transfer or credit card for instance. In the case you use a credit card you must be its title holder or you have to be specifically authorized from the title holder to use that credit card.

h) Early cancellation of the contract: This contract will be fully cancelled if the client breached any obligations herein without prejudice to the obligations of professional conduct requiring the services’ provider to continue with all efforts to safeguard the clients’ interests and ensure that the affair is not harmed while is taken by another solicitor, especially with regards to court issues. The cancellation decision shall be communicated in writing and be justified being sufficient to state the loss of confidence between the parties.

i) Penalty clause: As penalty clause the parties agree an amount corresponding to 50% of the agreed fees or all the amounts paid up to date if these are more than the said 50%. Those payments do not include in any case the third parties expenses and any other necessary costs incurred to date of resolution. And all that without prejudice to other damages caused that may be claimed and evidenced by jmslawyer.es. The compensation to claim will be always reasonable and proportional to the work already done or prepared being prevalent this stipulation anyway or the effective amount finally claimed to the client.

j) Communications: The parties agree that the addresses stated in the identification of the parties are valid for the parties to communicate to each other.

Any change of any kind in the contact details that the parties wishes to make must be in writing and it will get into effect only when duly received and acknowledge by the other party and from that moment on only.

Clients might specify which contact means are either preferable or exclusive to contact them.

The client accepts unencrypted email as a way of standard communication between the parties. The client exempts www.jmslawler.es from any liability with regards to technical errors such media may suffer except in the case of an error attributable to the web. However, the web uses SSL technology which makes all data transfer within the web as secure as possible taking into account the technology’s state of the art.

k) Consumers’ rights: According to the Spanish law the client will be considered as consumer when they fulfil all the legal requirements to be considered as such with all the legal consequences that this condition provides. The basic regulations of consumers is the Spanish General Consumers’ Act.

Clients should take into account that some regions in Spain have their own territorial regulations on consumers and users might apply.

4. External links

In order to offer information or facilitate the searches you are making sometimes we use links or hyperlinks to other Internet sites, SPT shall not exercise any control over such sites and content. www.jmslawler.es in no event will be liable for the contents of any link belonging to another website, nor guarantee the technical availability, quality, reliability, accuracy, comprehensiveness, validity, legality or constitutionality of any material or information contained in any such hyperlinks or other internet sites. Furthermore, the inclusion of these external links does not imply any type of association, merger or partnership with the connected entities unless specifically stated.

5. Age of consent

You declare that you are over the age of consent in order to engage in this agreement and use this service subject to the present terms and conditions that’s you understand and accept as an entire agreement.

You declare that all the information provided to access this service, before and whilst using it is true, complete and accurate.

6. Intellectual and Industrial Property

The website in full, including but not limited to its design, structure and distribution, texts and contents, logos, brands, buttons, images, drawings, source code, as well as all intellectual and industrial property rights and any other distinctive sign belong or have as an assignee to www.jmslawyer.es or, where appropriate, to the natural or legal persons that appear as authors or rights holders, or their licensors.

 7. Availability of the web

We will make all our efforts to make the website www.jmslawyer.es available, however we cannot guarantee that the website will work consistently, reliably and correctly, without delays or interruptions, so www.jmslawyer.es, is not responsible for any damages that may arise from possible failures in availability and technical continuity of the website, errors or inaccuracies in the contents.

www.jmslawyer.es is not responsible for any damage and/or loss and/or benefit no longer obtained by the user or any other third party that is harmed as a result of any circumstances of act of God, failure or error of the lines of communication, of the faulty provision of the service or failure in the Internet network.

No type of control or guarantee is possible about the absence of viruses, bugs, trojans, as well as any other element in the contents that could cause alterations in the computer system (software and hardware) or in the electronic documents and stored files in the user’s computer system.

8. Responsibility

Within the limits of the law, www.jmslawyer.es is not responsible for: a) errors or omissions in the contents, b) lack of availability of the web or c) transmission of malicious programs in the contents, despite having adopted all the necessary technological measures to avoid it. We try to ensure that our content is in a safe environment but we cannot guarantee miracles.

9. Data protection

The data or personal information you provide us for the provision of the service or that obtained by automatic means are collected and processed in compliance with the data protection regulations.

As a user, you can always exercise your rights of access, rectification, limitation, cancellation, erasure, portability and opposition to the personal data we have about you. You do not need or explain the reason, send us an email to jms@jmslawyer.es with the request and we will try to resolve it in the shortest possible time.

Do not forget to indicate your information as name and surname, and attach a copy of your identification document to be able to identify you.

10. Privacy

You can check our privacy policy here.

11. Cookies

You can check our cookies policy here where you find a list of the ones we use and instructions to use them if you so wish.

12. Changes in this policy

These terms and conditions or the contents of the website may change at any time. If they are big changes, which affect you as a user, we will leave a notice on the web and you can keep an eye whenever you want. The modifications will take effect from the moment of publication, unless otherwise indicated, but in the 99% of the cases will be when we publish them.

13. Partial nullity

In the event that any or some of the present terms & conditions are declared void by a court, they will continue to apply to everything else if possible.

 14. Dispute resolution and applicable law

These terms and conditions of use of http://www.jmslawyer.es are governed by the Spanish legal system and for the solution of any dispute that may arise in relation to them the parties, that is, the user and the owner of this website, are submitted to the jurisdiction of the courts of Alicante city.