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General Terms & Conditions for Legal Army client

  1. 1. Scope of the Services

    1. The scope of the proposed services shall be agreed with the client and shall be amended by prior agreement, during the course of the engagement.
    2. Legal Army (or the “NewLaw”) may request from the client, at any given moment, any information, which they consider necessary in order to carry out the engagement to the appropriate standard.
    3. Legal Army's advice is exclusively for the client and shall not be used by third parties, nor by other companies or persons within the same group.
    4. Legal Army advises exclusively on Spanish law and, only when it is required by the client It will provide legal advice could include other jurisdictions. Such legal advice will be subject to a separate fees proposal.
    5. Legal Army's advice shall have the scope expressly agreed by the Parties and, under no circumstances, shall it encompass financial, accounting and/or economic matters or valuations.
    6. Legal Army shall provide their services with complete independence, and shall not be obliged to follow client guidelines that could affect their professional standards.
  2. 2. Team of Professionals

    1. In order to provide the professional services, a team of lawyers and/ or consultants with experience in the required matter shall be formed, and shall be managed by a Head of department of Legal Army.
    2. Advice on other matters shall be provided by experts from the corresponding departments, and coordinated at all times with the lawyers and/ consultants from the team taking part in the transaction.
  3. 3. Confidentiality and communications

    1. Legal Army shall maintain confidential all information received with regard to the assigned matter.
    2. Unless the client indicates otherwise, Legal Army is entitled to make its participation in an assignment known, for commercial, reputational, doctrinal or academic reasons.
    3. Communications with the client shall be carried out by any means Legal Army considers appropriate and may be directed to the client's members of staff or other advisers appointed by the client for these purposes. The accepted means of communication with the client and other parties shall be sent by e-mail (including for the sending of confidential information).
  4. 4. Interruption, Termination of the Services and Payments

    1. Legal Army reserves the right to terminate their advice to, a client at any given moment, and in such a case undertakes to carry out any actions necessary in order to avoid leaving the client unable to defend themselves. Nevertheless, this shall not impede Legal Army from carrying out any necessary actions in order to preserve their right to claim and/or settle the fees arising from the services provided up until that moment.
    2. Legal Army shall interrupt the work they have been assigned or terminate the provision of their legal services if the client does not pay their bills or invoices within an established period of time. The interruption or termination of the services shall extend to any of the matters that the client, their subsidiaries, the companies in which they hold a stake and/or associated companies have entrusted to Legal Army. The interruption shall end once the client has settled the outstanding amounts.
    3. Failure to pay our invoices within the agreed time frame shall give rise to the accrual of interest in accordance with the stipulations of Law 3/2004, of 29 December, in which it establishes measures to combat late payment in commercial transactions.
  5. 5. Conflict of Interest

    1. Legal Army undertakes not to advise different clients at the same time on the same matter if a direct conflict of interest could exist between the said clients.
    2. Legal Army has internal procedures in place, which are expressly designed in order to avoid incurring in conflicts of interest under the terms set forth above.
    3. Legal Army shall check that no conflict of interest exists before accepting a matter and shall abstain from representing or defending the client in the event that such a conflict of interest arises.
  6. 6. Professional liability

    Liability towards the client, both on the part of the NewLaw and of the lawyers and/ or consultants who provide advice for each mandate, for all concepts:

    1. Shall be limited to three times the amount of our professional fees, charged by Legal Army for having carried out the work outlined in the corresponding engagement letter; and,
    2. Shall expire once three (3) years have elapsed since the termination of the services provided in the corresponding engagement letter.
  7. 7. Audits and Money Laundering and Terrorist Financing Prevention

    1. Legal Army shall collaborate on the auditing of the clients, upon specific request in writing from the client or from the auditing company appointed by the client. In this case, Legal Army shall provide the required information for the preparation of the said auditing. The client accepts that this action shall not involve Legal Army's infringement of its confidentiality duties.
    2. Legal Army shall comply with the money laundering and terrorist financing prevention regulations in force at any given moment. In compliance with current regulations on this matter, Legal Army shall verify the identity of their clients, either by directly requesting information from them and/or documentation accrediting their identity, real ownership and economic activity, or by means of searches in the appropriate databases if necessary.
    3. Legal Army could be obliged to provide information to the competent authorities on the client under certain circumstances envisaged in the money laundering and terrorist financing prevention regulations.
  8. 8. Applicable Laws

    1. The relationship between the client and Legal Army shall be governed by the provisions of the Engagement Letter, by these General Terms & Conditions and by applicable regulation.
    2. The future declaration of invalidity of any of the conditions set out in the said documents shall not adversely affect the full and valid application of the remaining conditions.
    3. These General Terms & Conditions shall be understood without prejudice to the provisions of the Engagement Letter which, in the event of any conflict, shall prevail over the provisions herein.
  9. 9. Jurisdiction

    The client and Legal Army waive their right to their own jurisdiction or any other that may correspond to them by law, submitting to the Courts and Tribunals of Madrid any actions or claims that may arise out of the interpretation or execution of the engagement letter which binds them.