General Terms and Conditions for the Provision of Services
These General Terms and Conditions (hereinafter referred to as the “General Terms and Conditions”) apply to any provision of services that takes place between you, as the Client, and legalbono, as the service provider. These General Terms and Conditions will be supplementary to the Particular Conditions of each Client, the latter prevailing in the event of a discrepancy between the two.
In this document:
legalbono: is the company duly registered in the Mercantile Registry of Malaga as Legalbono 2013, S.L., with registered address at Avenida Ricardo Soriano 21, Marbella, Malaga and tax identification number (NIF) B-92971670. To facilitate your understanding of the General Conditions, legalbono may also be referred to in this document as “we”.
Client: is the applicant and recipient of the Offer of Services. To facilitate your understanding of Conditions, Client may also be referred to in this document as “You”.
Services: The services are the subject matter of the order defined in the Particular Conditions.
Particular Conditions: are the particular conditions specific to each order and that together with these General Terms and Conditions forms the Service Offering.
1. General Terms and Conditions and Scope
The General Terms and Conditions established in this contract are, unless otherwise agreed, all the agreements adopted between You and legalbono concerning the provision of services and will be complemented with the agreements and clauses included in the Particular Conditions of the Service Offering. In the same way, these General Terms and Conditions replace and annul any previous agreement made between You and legalbono and will apply to future orders of services to legalbono directly.
The provision of legalbono services will only commence after you have submitted your Service Offering document. By sending instructions and guidelines to legalbono through the means offered for this purpose, we will understand that you have tacitly accepted these General Terms and Conditions.
2. Scope of Application
The parties in the legal relationship for the provision of services are you, as the Client, and legalbono, as the provider of the services requested by you. The service and the information offered by legalbono will be intended solely for You, as the Client, and may not, in any case, be transferred, disseminated, used or communicated to a third party other than You without the prior written consent of legalbono.
Neither party has the right to transfer the benefits or obligations arising from this contract to a third party without the written consent of the other party, except in cases of partial or universal succession where this affects that contract in any way.
3.Code of Ethics
If your order for legalbono services requires the hiring of professionals such as lawyers, court representatives and experts by legalbono, they will be subject to a Code of Ethics of their profession, with the exceptions established by law for these relationships.
The lawyer and the court representative responsible for the provision of the service will have full responsibility for the case with complete independence and will not be required to follow your instructions, beyond those expressly agreed in the Particular Conditions, should they affect their professional criteria. The lawyer will always act by putting your interests as a Client before his own interests or those of legalbono, but without submitting to your specific instructions.
4. Price and Cost of our Services
The prices stipulated in any Service Offering, except clause to the contrary, do not include Value Added Tax (VAT) and the applicable amount of which will depend on the tax legislation in force at the time of contracting the service.
Both the price and the expenses generated as a result of the work entrusted (legal fees or those of independent professionals, travel, transport, couriers, taxes, stays, meals, translations or others) will be a determined or easily determined amount that we will detail in a clear and straightforward manner in the Particular Conditions.
5. Invoicing and Collection
The invoices issued in accordance with the Service Offering previously agreed by You must be settled within a non-renewable period of 7 days after we send you the invoice. Should you fail to pay an invoice within the established term, without justified reasons, we will be entitled to charge the applicable default interest, as well as any collection management expenses that could be accrued, this understood as the time spent by the personnel of legalbono chasing payments after these 7 days have elapsed. Bank commissions of any kind derived from the payment of invoices by the method of payment chosen by the Client will be met by the Client.
6. End of Service
You may terminate the provision of professional legalbono services without having to give any reason, provided that the you notify such waiver in writing with 30 days’ notice. In this case, you will be required to pay all the expenses and fees arising from the provision of the service with legalbono in accordance with the Particular Conditions. Otherwise, legalbono may interrupt any commitment with You, suspend the service provided and retain the documentation of the file until the fees have been collected in full.
Likewise, we may also terminate the provision of professional services if we do not see reasonable chances of success as agreed with you or due to any other organisational or operational reasons. Should we terminate the service without your prior default, we will refund any amount charged as an advance payment of our fees that does not correspond to services actually provided.
7. Service Modifications
Like any other organisation, we inform you that we have the right to make the changes or updates we deem appropriate to these Terms and Conditions.
The applicable General Terms and Conditions will always be those that appear on the legalbono website https://www.legalbono.com/condiciones-generales-prestación-servicios at the time of hiring us. Nevertheless, any subsequent modifications will be applied after they have been communicated to you and you have not objected to them in writing requesting the termination of the Service Offering within 21 calendar days of the communication.
8. Liability for legalbono
We assume full responsibility for the services provided by our professional employees or collaborators. Accordingly, we shall be liable for all damages that may be caused to You as the Client and that are attributable to You or our employees when wilful misconduct, gross negligence or fault has occurred on our part.
However, legalbono and/or its professionals will not be liable in any case for damages arising from any type of conduct in which there has been falsehood, concealment, deception or absence of good faith on your part as the Client, or when the breach of our obligations is caused by causes beyond our control or beyond our control.
In the cases of damages caused by legalbono and/or their professionals, we/they will be liable for any direct damages that were anticipated or foreseeable at the time of acceptance of the Service Offering and have been duly proven as such. This means that our liability does not include, for example, damages such as loss of earnings, loss of business or reputational damages among others.
9. Your Responsibility as a Client
You agree to provide us with true and complete information and not to commit falsehood, concealment, deceit or bad faith. You are also required to cooperate towards achieving a good result of the service, especially when the fees have been conditioned on a satisfactory result. This type of requirement may include, for example, the granting of powers of attorney, assistance to public bodies and/or hearings to name a few that are necessary or convenient, at the discretion of the professional in charge of the service, to obtain the desired outcome. Otherwise, we will have the right to terminate the service unilaterally, and You will be responsible not only for paying all fees and expenses accrued and incurred so far but also for any damages You may have caused us. Your liability for damages has the same limitations as those established in our liability regime described in the previous section. That is to say, You will only be liable in case of intent, fault or gross negligence and in relation to the direct and foreseen or foreseeable damage at the time of your breach.
When more than one recipient of services is included in the Service Offer, all of you will be jointly and severally liable for the payment of the amounts due. This means that we will be able to claim the full payment of fees and expenses from each and every one of you.
10. Confidential Information and Communication
For the correct provision of the service, You will be required to provide all the relevant documentation through the channels that legalbono has designated from time to time. legalbono will in no case be responsible if You fail to deliver the documentation and information through the channels designated for this purpose. Nor shall we be responsible for the truthfulness, completeness or accuracy of the information you send us. As the Client, You are responsible for communicating to legalbono any information or change that occurs in the information, and that could affect the provision of the service.
Legalbono and its professionals are obliged to keep confidential and secret all the information and documentation that You express and formally declare to us as strictly confidential or secret, except for that which is accessible to the general public or required by the Spanish administrative or judicial authorities. The duty of confidentiality shall apply exclusively to these cases and only to You as a Client, excluding any external contact persons or advisors who may participate in the case. The above does not exclude the transfer of confidential information for cases where we must disclose it to partners or legalbono professionals for the proper provision of service. We may also inform you of the confidential and secret nature of any information we may share with you. In these cases, information expressly declared as confidential by you and sent to us, and vice versa will be treated as confidential and will only be used for the purposes included in the Service Offer.
The obligation of confidentiality shall continue until the termination of this contract and for two years after such termination, excluding cases where the information is disclosed, in writing, by You or where such information loses its confidential character before the termination period expires.
11. Conservation of Documentation
You authorise us to keep copies of any information and documentation provided by You in connection with the provision of services. However, we do not assume the duty to keep a copy of the actions carried out in a file, and we reserve the right to destroy the file without your authorisation once the legal deadlines for doing so have passed. If you require us to keep the documents that form part of the file for longer, you must expressly let us know and, where appropriate, meet the costs arising from the maintenance of files and their access.
12. Regulations for the Prevention of Money Laundering
In compliance with current legislation on the prevention of money laundering and the financing of terrorism, legalbono may be subject to obligations to verify your identity as a Client, as well as your operations and activities. In these cases, You are required to provide the information we ask of You and, in turn, You authorise legalbono to carry out the appropriate actions considered necessary for us to verify such information.
13. Intellectual Property
The Intellectual Property rights on the documentation drawn up by the employees and collaborators of legalbono will, in any case, belong to legalbono. Likewise, the legalbono name and logo are distinctive signs that are the exclusive property of legalbono and are protected by Spanish national legislation. Therefore, You may not use the legalbono name or logo during the business relationship without the prior express consent of the latter.
You may use the documentation we have given You, provided that the fees have been fully paid and only for the purpose of the order included in the Service Offering which may not be disseminated to a third party unless original, express and written permission on our part.
For the correct rendering of services, legalbono and its professionals will have the right to use and share among them any knowledge and experience of general application that may be acquired during the rendering of those services.
14. Data Protection
Legalbono has a Data Protection Policy available here, as well as in the different forms and tools for data aggregation made available on our web pages. These data, as well as those provided throughout the contractual relationship, will be incorporated into the legalbono files for the purposes set out in the Data Protection Policy referred to above.
15. Outsourcing
Legalbono reserves the right to contract the assistance and services of other companies when this is required for the correct provision of the service. In these cases, legalbono will be solely responsible to You as a Client for the development of such service.
16. Jurisdiction and Applicable Law
We are subject only to Spanish legislation, without prejudice to cases where provincial regulations apply.
When there are conflicts between legalbono and You as a Client, claims filed by either party will be under the exclusive jurisdiction of the Courts and Tribunals of the city of Marbella, unless You are considered a consumer and user, in which case you can sue us at your hometown, provided that it is in Spain, or the place where our legal relationship was born or should take effect, provided that in that place we have an establishment open to the public or representative authorised to act on behalf of the entity.