GENERAL RULES
for the provision of legal services
in the Law Office of advocate dr Joanna Kaźmierczak
§ 1
General provisions
1. The general rules regulate the terms and conditions of providing legal services by a sole proprietorship registered in the CEIDG under the name Kancelaria Adwokacka adw. Joanna Kaźmierczak (hereinafter referred to as: the Law Firm), NIP 7272691996, REGON 365128160 with its registered office in Łódź, ul. Piramowicza 15 lok. 17 (90-254 Łódź) to Clients. The Client can be either a natural person not conducting business activity or an entity conducting business activity.
2. The law firm provides legal services within the scope of Polish law. The Law Firm does not provide legal services within the scope requiring knowledge of foreign law. If obtaining legal services concerning foreign law is necessary for the performance of the commissioned legal service, the Client shall be immediately notified of the necessity to engage a lawyer having adequate knowledge of foreign law. A lawyer with knowledge of foreign law in the event of accepting an assignment from the client is not a subcontractor of the law firm and the law firm shall not be liable for the services rendered by him or her, nor shall the law firm be liable for the service rendered by the law firm to the extent that its content, result, manner, timing or performance depends on the service of the lawyer with knowledge of foreign law.
3. These general rules are an integral part of the legal services contract concluded between the Firm and the Client to the extent that they have not been expressly excluded or modified in its content.
4. The general rules shall be binding on the Client if, prior to the conclusion of the contract for the provision of legal services, they have been delivered to the Client in writing, made available to the Client electronically or if, during the conclusion of the contract, an explicit reference to their application has been made, indicating that they have been published on the Law Firm’s website and can be downloaded from it.
5. For the purpose of the provision of legal services by Law Firm, the use of model contracts adopted by the Client is excluded to the extent that they could be applied to it. The introduction of provisions into a contract for the provision of legal services that are contrary to these general rules requires the express confirmation of the Law Firm.
§ 2
Conclusion and scope of the legal services contract
1. A contract for the provision of legal services may be concluded in writing or in any other free form, including documentary (e.g. by e-mail), oral (e.g. by telephone) or concluding (implied), by the exchange of statements of intent by both parties to the contract specifying at least the parties, the subject matter, the scope of the service and the remuneration for its performance. The remuneration for the performance of the service may also be determined by reference to these general rules. If it has not been expressly stipulated in the agreement that the legal service will be provided free of charge, the Law Firm shall be entitled to remuneration for its performance. In the event of doubt as to the amount of the remuneration and the rules for its calculation, these general principles shall be applied.
2. Irrespective of the form of the legal services contract chosen by the parties, its conclusion requires in each case acceptance of the order by the Law Firm. If a legal services agreement is concluded in a concluding (implied) manner, acceptance of the order consists in the commencement of the performance of the agreement.
3. The Law Firm shall only render services within the scope expressly commissioned by the Client and accepted by the Law firm. The Law Firm is not obliged to render services in the scope connected with the commissioned service but not explicitly covered by the content of the contract. In particular, acceptance of an order to render legal services does not entail acceptance of an order to render services in the scope of tax law, accountancy or other related. Acceptance of an order for representation in the course of proceedings before a law enforcement, state or local government authority is limited to the case and instances that are expressly mentioned in the order. The handling of all matters of the Client is only possible if expressly agreed in the contract.
4. The parties may change the scope of the legal service to be provided by a consensual agreement in the form in which the parties entered into the original contract.
5. Articles 682 and 3854 of the Civil Code Act of 23.04.1964 (i.e. of 2.08.2023, Journal of Laws of 2023, item 1610) are not applicable.
6. The Law Firm provides legal services only to the Client with whom the contract has been concluded. If the legal service concerns a third party, the third party may only use the service with the consent and knowledge of the Law Firm. The Law Firm shall not be liable for the consequences of the third party’s use of the service provided to the Client. If, prior to the commissioning of the legal services, the Client has indicated a third party for whose benefit the legal services are to be provided, the legal relationship arising between the third party and the Law Firm shall be governed by these general rules for the provision of services, and to the extent not regulated therein or remaining outside the scope of contractual freedom – by generally applicable provisions of law. In such a case, the Client shall be liable towards the Law Firm for the payment of remuneration and reimbursement of costs to the Law Firm by the third party and shall indemnify the Law Firm and its associates, employees and collaborators from any liability going beyond the scope of the provisions of the contract with the Client and these general rules.
7. A legal service is understood to be an individualised service provided to a specific entity on the basis of facts presented by the entity, information provided, documents or other information carriers and evidence submitted. Content made available on the Law Firm’s website is not considered a legal service.
8. The Law Firm may refuse to conclude a legal services agreement for valid reasons. A valid reason for refusal to conclude a legal services agreement shall be deemed to be, in particular: delays in payment of remuneration for services rendered, conflict of interest, insolvency of the client or doubts as to the Client’s ability to pay for the legal services. The Law Firm reserves the exclusive right to resolve the issue of conflict of interest taking into account the rules of professional ethics of attorneys and legal advisors as well as the legitimate interests of the Client and the Law Firm. If at least one year has passed since the last activity or the last bill evidencing the sale of services (invoice or receipt), it shall be assumed, as a rule, that from the point of view of assessing whether a conflict of interest exists, the entity has ceased to be a Client of the Law Firm.
§ 3
Customer Responsibilities
1. As part of the legal services contract, the Client is obliged to:
a) ensure free access to all information, data and documents which are or may be relevant to the performance of the contracted service and other obligations set out in the contract,
b) to inform the Law Firm promptly of any significant changes or new circumstances which have or may have a bearing on the performance of the commissioned service and other obligations set out in the agreement,
c) cooperation with the Law Firm for the efficient execution of the contract,
d) to present information, data and documents which correspond to the truth.
2. Provision of information, data or documents to the Law Firm shall be made in writing, by e-mail, or orally or in another manner insofar as this is justified by the circumstances or their nature. The Law Firm may designate to the client the manner in which information, data and documents are to be provided.
§ 4
Implementation of the service
1. The Law Firm provides legal services with due diligence expected of an entity professionally providing such services, in particular, observing the principles arising from the laws regulating the profession of advocate and legal adviser and other applicable legal norms.
2. The Law Firm provides legal services on the basis of information and documents received from the Client. The Law Firm shall not be held liable for the truthfulness, completeness, timeliness and reliability of the provided documents and information, as well as for the consequences resulting from the consideration of the information and documents which turned out to be untrue, incomplete, outdated or unreliable, while providing legal services.
3. Information, documents and other data disclosed by the Client in connection with the performance of services by the Law Firm are covered by professional secrecy. The obligation to preserve this information, documents and data is not limited in time and is incumbent on all persons involved in the provision of the legal service, including staff and associates other than the lawyer handling the case.
4. The Firm is obliged to implement and comply with the provisions of the Law of 1.03.2018 on the prevention of money laundering and financing of terrorism. Pursuant to this Act, the Firm is obliged to implement financial security measures with respect to the Client, in particular the obligation to identify and verify the identity of the Client and its representatives, agents or other persons acting on its behalf, the beneficial owner, obtaining information on the Client’s connections with politically exposed persons. This obligation also includes notifying the General Inspector of Financial Information of circumstances that may indicate a suspicion of money laundering or terrorist financing. At the Law Firm’s request, the client shall be obliged to provide the requested information and documents specified in the Act, in particular to complete and return to the Law Firm any forms aimed at obtaining the aforementioned data and to update the information contained therein on an ongoing basis. The Law Firm reserves the right not to start providing services or to suspend them if the above information and documents are not received.
5. The Client acknowledges that the commissioned legal service is not an obligation to achieve a specific result, but only to act diligently. The Client also acknowledges that the results of legal services previously achieved by the Law Firm, which were provided to the Client or to third parties, do not guarantee the same results of the performance of the legal service commissioned by the Client. The Client also accepts that the outcome of commissioned proceedings pending before law enforcement authorities or state or local government bodies is difficult to predict, and that each case should be assessed individually.
6. In performing the commissioned service, the Law Firm decides at its own discretion on the manner in which the service is to be provided, taking into account, in particular, the applicable legislation, ethical principles and standards for the practice of the profession of attorney-at-law and, insofar as it considers it expedient, permissible and possible, the Client’s instructions.
7. Decisions as to the organisation, manner, timing of the performance of the legal service and the involvement of persons cooperating with the Law Firm in its performance are made freely by the Law Firm. The Client agrees that it is the Law Firm’s decision to select the lawyers and legal assistants who participate in the provision of the commissioned legal service.
8. The parties agree that in the absence of an express designation by the Client of a person who, acting in his/her name and on his/her behalf, may amend the scope of the assignment of legal services and give the Law Firm binding instructions as to the manner of its performance, it shall be assumed that any person employed or cooperating with the Client or acting in his/her bodies or within the organisation of the client or his/her affiliates has been authorised by the Client to perform the aforementioned acts.
9. The Law Firm may require the Client to make advance payments for the remuneration for the provision of legal services at any time from the conclusion of the contract to its performance. The amount of the advances shall correspond to the subject matter of the order and the expected workload of the Law Firm. The advances paid on account of remuneration for the performance of legal services shall be settled without interest upon completion of the provision of that legal service in connection with which they were paid.
10. The Client agrees to the use of electronic devices and means of remote communication, ICT tools and to the storage of data using electronic devices or media and the use of external databases and service providers during the provision of the commissioned legal service by the Law Firm. The Client is aware of the risks associated with the use of the aforementioned devices, means and services and understands that this involves the involvement of third parties in the provision of services. The law firm shall not be held liable for any damage caused by the use of the aforementioned electronic means of distance communication, ICT tools, and communication or data storage services by third parties, in particular for distortion or loss of information, violation of attorney-client privilege, unauthorised access by third parties, unavailability or delays.
11. A Client conducting business activity consents to the Law Firm’s referring to the fact of providing legal services to the client for marketing purposes in marketing materials and information, including on the Law Firm’s website and applications. The consent also includes authorization to place the client’s logo in these places for marketing purposes.
§ 5
Remuneration for legal services and reimbursement of costs or expenses
1. The parties will each time, before concluding a one-off or permanent legal services agreement, determine the amount of the remuneration due to the Law Firm for its performance.
2. The Law Firm’s remuneration for the performance of legal services may be determined as a lump sum, according to the product of an hourly rate and the number of hours devoted to its performance, or by a mixed method, i.e. partly as a lump sum and partly according to an hourly rate. In case of doubt as to the choice of the method of determining the remuneration, it should be assumed that the parties have agreed on an hourly remuneration. The hourly rate of remuneration for legal services is PLN 300 net for services rendered in Polish and EUR 250 net for services rendered in English. VAT should be added to the hourly rate at the rate in force as at the date of issuing the invoice or receipt. In accordance with current legislation, the VAT rate for legal services is 23%.
3. If the parties agree on hourly or mixed remuneration, the client will receive, at the same time as the receipt or invoice for the service rendered, a list containing a description of the activities performed by the lawyers, specifying the time spent on these activities (to the nearest 15 minutes) and broken down into the individual days of the service. The time spent on legal services by assistants is given collectively rounded up to the nearest 15 minutes for the entire period of service provision.
4. Hourly rates are usually updated at the end of each calendar year with effect for the following calendar year. However, if the economic situation so warrants, a change of the hourly rates may take place more frequently than once a year. The Client shall be notified of upcoming changes to the hourly rate two weeks in advance in accordance with § 11 of these general terms and conditions. The provisions governing the hourly rate as amended shall take effect with respect to the Client with regard to both already agreed and performed as well as future legal services as of the effective date of the amended general terms and conditions.
5. If the legal service consists in the representation of the Client in a proceeding before a law enforcement, state or local government body, the remuneration payable to the Law Firm may not be lower than the minimum resulting from the Regulation of the Minister of Justice of 22.10.2015 on fees for attorney’s activities (Journal of Laws of 2015, item 1800, as amended) for a case of a given type. In the event that a law enforcement body or a state authority decides that it is reasonable to apply a multiple of the minimum advocate’s fee for the representation of a party in proceedings, the client shall be obliged to pay the multiple of the fee in accordance with the ruling of the state authority, even if the contract concluded with the Client provides for a lower fee rate.
6. The parties may agree that in the event that the asserted claim is adjudicated, the claim is upheld, the expected result of court or administrative proceedings is obtained or an agreed effect of a legal action is achieved, the Client will pay the Law Firm a success fee, i.e. an additional fee on the part in which the court or another state or local government body upheld the Client’s claim. The amount of success fee is determined individually in the agreement with the Client. The success fee is payable within 14 days of the date of the judgment becoming final or the performance of the legal action to which the claimed demand or expected result was connected. The parties cannot agree that the success fee is the only method of settlement for the legal service provided. Success fee is subject to increase by the value of VAT.
7. The Law Firm shall not be obliged to pay for the Client any court costs, stamp duty or other expenses related to the provision of legal services, e.g. costs of translations, stamp duty, notarial costs, expert opinions, opinions, courier deliveries, accommodation, travel, taxes on civil law transactions performed, etc. However, if costs or expenses are incurred in connection with the provision of legal services to the client, the law firm is entitled to claim reimbursement of them in full in addition to the remuneration. Expenses and costs incurred in the client’s interest shall be reimbursed on the basis of receipts, invoices or other documents constituting proof of their incurrence. If it stems from an agreement between the Client and the Law Firm that costs and expenses connected with the provision of legal assistance are to be temporarily incurred by the Law Firm, the Law Firm may request the Client to make an advance payment for this purpose in an appropriate amount.
8. The Law Firm is also entitled to reimbursement of the costs incurred in the performance of the legal service, which include in particular the costs of: telephone calls made, postal services commissioned, photocopies of documents made, recording or reproducing electronic copies of documents, costs of fax and e-mail communication, costs of purchasing materials needed to perform the commissioned service.
9. The Client indemnifies the Law Firm from liabilities incurred towards third parties in order to duly perform the commissioned service.
§ 6
Settlement of the service
1. The Client is obliged to inform the law firm of its business activities, its tax status and its assigned VAT number.
2. Non-business individuals receive a fiscal receipt. Business entities receive an invoice. Depending on whether the invoice covers remuneration or settlement of costs, and depending on the tax status of the Client, VAT may be added to the amounts included in the invoice.
3. In the case of a flat-rate remuneration, the service shall be settled in advance at the conclusion of the contract, unless the parties agree to spread the payment for the remuneration into instalments. Settlement of services in the case of hourly remuneration shall take place on the basis of a VAT invoice issued within 7 days after the completion of the service or – in the case of a permanent service order – on a monthly basis, at the end of the calendar month, unless the nature of the order justifies a different settlement period to be agreed by the parties. Invoices are payable within 14 days of their delivery to the Client by transfer to the bank account number indicated on the invoice. The title of the transfer should indicate the number of the invoice for which payment is being made. In the absence of any indication, the payment will be accrued in accordance with the manner determined by the Law Firm in accordance with the general principles of civil law. If a mixed settlement method has been agreed upon, payment of the flat fee shall be made in advance upon conclusion of the agreement, unless the parties agree to spread the payment into instalments, and payment of the hourly fee shall be made in arrears within 7 days after completion of the service or – in the case of a permanent service assignment – on a monthly basis at the end of the calendar month, unless the nature of the assignment justifies a different settlement period to be agreed upon by the parties. The foregoing is without prejudice to the provisions whereby the Law Firm is entitled to demand advance payment for the service.
4. The Client shall be obliged to pay the remuneration, reimburse costs and expenses within the time, amount and currency stipulated in the agreement by means of a transfer to the bank account indicated on the invoice or in the agreement. The date of payment shall be the date on which the funds are credited to the Law Firm’s bank account. In the event of the Client’s delay in payment of the amount due for the services rendered, the Law Firm may charge statutory interest, exercise the right to claim compensation for the costs of debt recovery or suspend the provision of services until the amount due is settled, informing the Client thereof.
5. The sales documents are issued at the office or sent to the e-mail address indicated by the Client. If hourly or mixed remuneration is agreed upon, a list containing a description of the activities and the time spent on them shall be attached to the sales document. The list is not an accounting document. The Client is obliged to keep the data contained in the list confidential, apart from the accounting documentation.
6. The Client shall raise any objections to the list prepared for the purpose of hourly or mixed remuneration settlement within 14 days of receipt of the accounting document. Upon the ineffective expiry of this period, the Client shall be deemed to have accepted the financial document without objection.
§ 7
Termination of contract
1. Both parties may terminate the legal services contract at any time with 14 days from the date of service of the notice of termination or with immediate effect if one of the following circumstances occurs.
2. Termination of the contract must be in writing under pain of nullity.
3. The Client may terminate the legal services contract with immediate effect for valid reasons, in particular if:
a) lost trust in the Law Firm, which is objectively justified in light of the circumstances,
b) the commissioned service was not provided due to circumstances incumbent on the Law Firm at the time when it should have been provided in accordance with the art,
c) there has been a breach of professional secrecy due to circumstances incumbent on the law firm.
4. The Law Firm may terminate the legal services agreement with immediate effect for important reasons, in particular if:
a) there has been a loss of trust on the part of the Client or the Law Firm,
b) the Client has failed to pay the fee for the service or has not accounted for the costs incurred by the Law Firm or has refused to make an advance payment for the service,
c) the Client has not provided the information or data or documents needed to perform the service,
d) the Client has not provided the information or data or documents needed to comply with the obligations under the Law of 1.03.2018 on the prevention of money laundering and terrorist financing,
e) the Client has intentionally provided false, unreliable, incomplete or outdated data or information or has used forged or falsified documents,
f) the act or omission of the Client fulfils the elements of a prohibited act (criminal offence or misdemeanour or fiscal offence),
g) restrictions on the ability to provide services to the Client arising from generally applicable law and the rules of the profession, including the rules of ethics for legal advisers and advocates.
5. Termination of the agreement by the client shall not release the Client from the obligation to pay amounts due to the Law Firm for services rendered until the time of termination, as well as – in the event of a positive conclusion of the proceedings or obtaining the expected result of the service – from the agreed success fee. The Client shall also be obliged to reimburse the Law Firm for the expenses and costs incurred in connection with the performance of the legal service, including in the period between the termination and the time of transferring further performance of the service to another entity.
6. The termination of the agreement, irrespective of the mode of termination and the entity that made the declaration of intent, is tantamount to the termination of all powers of attorney which were granted to the Law Firm in connection with the performance of the service concerned. In case of doubt and in the absence of a provision to the contrary in the agreement, it shall be assumed that, upon termination, the Client releases the Law Firm from the obligation to represent and undertake any actions on his/her behalf for the next 14 days after the declaration of termination was made, regardless of which party made such a declaration.
§ 8
Responsibility
1. The Law Firm is subject to compulsory third-party liability insurance for damages arising in connection with the provision of legal services. At the Client’s request, the scope of civil liability may be extended. The costs of extending the insurance at the Client’s request shall be charged to the Client in full.
2. The liability of the Law Firm and any entities cooperating with it towards the Client for any reason whatsoever, in particular for non-performance or improper performance of a legal services agreement, shall be limited to the amount of the actual losses incurred by the Client, however, no higher than three times the Law Firm’s remuneration for the order against the background of which the liability problem arose, and in the case of a permanent service agreement – no higher than three times the remuneration for the period of the last 12 months preceding the moment in which the event causing the damage occurred. The month in which the damage-causing event occurred shall also be included in the aforementioned period. The liability of the law firm and the entities cooperating with it does not therefore include lost profits.
3. The Client undertakes to indemnify the Law Firm and any of its associates against any liability arising in connection with a breach of law that is chargeable to the Client or the Client’s non-performance or improper performance of the contract. The Client undertakes to indemnify and hold harmless the Law Firm and any of its associates to the fullest extent permitted by law against damages, claims, liabilities and expenses in connection with a breach of law or the non-performance or improper performance of a contract that is chargeable to the Client. In the event that the Law Firm or any of its associates incur damages, claims, liabilities or expenses that arise in connection with the Client’s breach of law or non-performance or improper performance of the agreement, the Client shall immediately reimburse the amounts paid.
4. The Law Firm shall not be liable for the non-performance or improper performance of a legal service if it results from:
a) force majeure,
b) submission by the Client or entities authorised by the Client of incomplete, untrue, unreliable, outdated or erroneous data, information, documents, evidence,
c) negligence or failure to exercise due care by the Client,
d) the Client’s failure to implement the Law Firm’s recommendations or suggestions,
e) the non-payment or late payment of fees, costs or expenses incurred by the Client in connection with the service, in particular court fees, stamp duties or other payments to state or local authorities,
f) the commission of a criminal act by the Client.
§ 9
Copyright
1. Works created in connection with the performance of legal services are subject to copyright protection. The copyright for works created in connection with the performance of legal services shall be vested in the Law Firm or in the cooperating entities used by the Law Firm in the performance of the contract.
2. The Client acquires ownership of the copies of the work created in connection with the performance of the service upon payment of the total remuneration, costs and expenses.
3. The Client is entitled to use copies of the works only insofar as this results from the purpose of the contract, applicable regulations and for his own use.
4. The Client is obliged to obtain the prior written consent of the Law Firm whenever he intends to use a work created in connection with the performance of the service to an extent that goes beyond the purpose, applicable regulations and his own use. A breach of the above obligation is tantamount to an infringement of the copyright in the work, which triggers the liability provided for by generally applicable laws.
5. The Law Firm shall not be liable for the consequences of the Client’s use of the work created in connection with the performance of the agreement, as well as other information, materials or documents provided to the Client during the performance of the agreement for a purpose other than that previously specified in the legal services agreement.
§ 10
Data protection
1. The administrator of the personal data of natural persons provided, transferred directly or indirectly by the Client or otherwise obtained by the Law Firm in connection with the provision of legal services is Joanna Kaźmierczak running the Law Firm in Łódź with its registered office at ul. Piramowicza 15/17, NIP 7272691996, REGON 365128160, email: joanna.kazmierczak@adwokatura.pl. Personal data of natural persons includes, among others, the data of persons concluding the agreement on behalf of the Client, contact persons on the Client’s side, including persons authorised to submit orders and persons handling their settlement processes.
2. The rules for the processing of personal data are contained in the privacy policy available on the Law Firm’s website.
3. The controller has not appointed a data protection officer.
4. Pursuant to Article 14(5)(d) of the RODO, the Law Firm is exempted from the obligation to provide information due to the need for professional secrecy.
5. The administrator processes personal data for the following purposes and at the specified time:
a) performance of the contract – the legal basis for the processing of personal data for this purpose is Article 6(1)(b) of the RODO – the processing of personal data in this regard is done for the duration of the necessary retention of this documentation in connection with the need to defend one’s rights or the rights of third parties, i.e. generally for 6 years from the end of the year in which the parties ended their cooperation,
b) establish, assert or defend the claims of the administrator, the data subject or a third party – the basis for processing personal data for this purpose in such a situation is Article 6(1)(f) RODO, and the legitimate interest is to enable legitimate subjects to assert their legitimate rights, to secure the efficiency of justice – for the time necessary to establish, assert or defend the rights of the administrator, the Client or the third party, i.e. generally for 6 years from the end of the year in which the parties ended their cooperation,
c) fulfilment of a legal obligation incumbent on the administrator, e.g. calculation and payment of public levies due; the legal basis for the processing is Article 6(1)(c) of the RODO – for the time provided for by generally applicable law, i.e. generally for 5 years from the end of the year in which the tax obligation arose, unless it is necessary to assert, establish or defend the rights of the administrator, the Client or a third party, in which case for the time necessary to establish, assert or defend the rights of such persons.
6. The processing of personal data for the above purposes does not take place on the basis of consent, so the Client is not entitled to withdraw it.
7. The administrator processes personal data including identification data (name, surname), address data, necessary contact data (telephone number, fax number, e-mail address), bank account number data, etc. – to the extent necessary for the fulfilment of the service, billing or any of the other purposes indicated above.
8. In the performance of services, the Law Firm may engage subcontractors and other providers if this is necessary. Against this background, it may be necessary to delegate the processing of or share personal data acquired in connection with the performance of the service. In the event that the processing of personal data is made available or entrusted to third parties, the Law Firm imposes obligations on them as to confidentiality and compliance with the principles of personal data processing. Recipients of the Client’s personal data may be, in particular: entities providing postal, courier, IT, service, access to e-mail, applications, etc. services, as well as state authorities appointed to deal with disputes and entities having, by virtue of statutory authorisation, access to the court files of the case or to the electronic records kept at the court.
9. Personal data may also be collected from sources other than the data subject in the course of litigation activities.
10. The administrator does not transfer the Client’s personal data to third countries. The law firm is, however, entitled – if justified by the scope of the service provided or if requested by the Client – to transfer personal data within the European Economic Area and – if the requirements of the RODO are met – also outside the European Economic Area.
11. If the Client is based in a third country that does not provide adequate protection for personal data, and in the course of providing the Law Firm’s services the need to transfer personal data to the Client may arise, the parties undertake to conclude an additional agreement with standard contractual clauses setting out the rules for the transfer of personal data to third countries adopted by EU authorities.
12. Pursuant to Article 13(2)(b) RODO, the Client has the right to access and rectify or supplement his or her personal data. Due to attorney-client privilege and the specific nature of the service provided, the Client does not have the right to request erasure or restriction of processing, the right to object to the processing of data and the right to request the transfer of personal data.
13. The Client has the right to lodge a complaint with a supervisory authority if the Client considers that the processing of personal data violates the law.
14. The provision of personal data by the Client for the performance of the contract is voluntary, however, the refusal to provide data prevents the performance of the contract. The provision of personal data by the Client for the purpose of establishing, asserting or defending the rights of the administrator, the data subject or a third party and the fulfilment of obligations incumbent on the administrator are consequences of the provision of personal data required for the performance of the contract with the administrator. The provision of this data does not occur as part of a separate action taken by the Client.
15. The administrator does not process personal data by automated means.
16. The Client assures the Law Firm and all entities cooperating with it that the personal data made available or provided to it is processed and made available in accordance with the law and that there are no obstacles that would prevent the lawful processing of personal data by the Law Firm and all entities cooperating with it.
17. The Client and the Law Firm are separately liable for compliance with data protection regulations. The Client shall be obliged to make good any damage suffered by the Law Firm or its affiliates as a result of the Client’s or its affiliates’ breach of data protection regulations or the falsity of statements made with regard to personal data.
§ 11
Applicable law and settlement of disputes
1. The legal relationship between the parties arising out of the concluded contract for the provision of legal services and further defined by the general terms and conditions of service and other documents signed or accepted by them in connection with the conclusion of the contract, in particular the conclusion of the contract, its performance and liability for improper performance or non-performance shall be governed by the Polish law.
2. The language in which the documents were drawn up in connection with the conclusion of the contract by the parties shall have no bearing on the consequences of the designation of the Polish law as applicable. In the event of doubt as to the content or interpretation of the contract or the general terms and conditions of service drawn up in different language versions, the Polish language version shall prevail.
3. Any disputes will be settled amicably as far as possible. If it is not possible to reach an agreement, the common court for the seat of the Law Firm will be competent to settle the dispute.
§ 12
Final provisions
1. During the term of the contract with the Client, the Law Firm may change the content of the general rules for the provision of services by informing the Client in advance of such change and its content. The amended general rules shall be binding on the Client if he does not terminate the service agreement within 14 days of receiving such information.
2. If the contract also covers services other than legal advice, the provisions of the general terms and conditions are to be applied mutatis mutandis to the other services, unless otherwise agreed by the parties.
Version effective from 21.07.2024