Rules and Regulations

Rules and Regulations for Provision of On-line Legal Counselling Services and Safety in C.R.O.P.A. Law Firm

Scope of Rules and Regulations

1. The Rules and Regulations determine the principle on the basis of which the entrepreneur, i.e. a legal person, a natural person or an organisational unit without legal personality (“Client”) concludes an agreement with C.R.O.P.A. Law Firm with its registered office in Warsaw (00-375) Smolna Street 40 (“Law Firm”) for provision of paid legal counselling services within the meaning of the Act on Legal Advisors of 6 July 1982, taking into account the specific nature of provision of such services via the Internet.

2. The Rules and Regulations specify the cookie policy of C.R.O.P.A. Law Firm, the acquisition of copyright and the complaint procedure.

3. The Rules and Regulations also provide information about safety measures for professional secret on-line.

Time of Agreement Conclusion and Terms of Agreement

4. Conclusion of the agreement referred to in Section 1 of the Rules and Regulations takes place at the moment of the sending, by the Client, of an inquiry via the form available at the Law Firm’s website with a request for:

   1. legal advice;

   2. legal opinion;

   3. document;

at the moment of payment and provision of details about the factual condition of the case allowing for the provision of Services.

5. Provision of services may be limited on account of legal provisions and ethical principles applicable to the Law Firm, in particular the Code of Ethics of Legal Advisors, the content of which is available at the website of the National Bar Association www.kirp.pl.
   
   Definitions

6. For the purpose of these Rules and Regulations, the terms used herein shall have the meanings assigned to them below:

Legal advice: a written study of legal character containing indication of legal provisions and possible solutions within the range of the inquiry and source documentation submitted by the Client;

Legal opinion: a written document of legal, analytical and practical nature, containing interpretation of legal provisions and the Law Firm’s opinion concerning the type of conduct that is going to be the most beneficial for the Client on the basis of the factual status presented to the Law Firm or source documentation. The legal opinion contains the following elements:

1. introduction, including the description of the entity commissioning the opinion and the subject matter of the legal opinion;

2. summary of the opinion, including the result of the analysis and the response to the question asked;

3. documents subjected to analysis, if the opinion was prepared on the basis of documents prepared by the Client;

4. assumptions that refer to the facts and documents presented by the Client;

5. actual status – provided by the Client;

6. legal status (relevant opinion and legal assessment);

7. recapitulation and recommendations;

8. privacy notice.

Document template: a document with a standard character prepared by the Law Firm and deprived of any designations of the Client and elements of specific actual status of the Client.

Language, Time and Governing Law For the Service

7. The Law Firm provides services on business days from Monday to Friday in Polish, English or in German language according to the arrangements made with the Client on the basis of the Polish law, including the European Union law and the convention law. The deadline for service provision is suspended on Saturdays and days statutorily free from work, including holidays.
   
   Suggestions and Remarks to the Rules and Regulations

8. Any questions concerning the content of these Rules and Regulations may be submitted to the Law Firm via e-mail: info@cropa.org.

Copyright and Cookie Files

9. The content and the form of a legal opinion, a document template or any other document prepared by the Law Firm constitute the object of material copyright of the Law Firm and cannot be used by a third party (other than the Client) without explicit approval of the Law Firm granted in writing. The Law Firm agrees for the Client’s use of material copyright to the above-listed work in the fields of exploitation specified in Art. 50 of the Act on Copyright and Neighbouring Rights, especially with respect to document templates, as well as exercise of derivative copyright, e.g. in particular making changes adjusting the document template to the specific factual status and on the fields of exploitation referred to above.

10. A law firm that provides legal services (including electronically), in order to provide such services correctly (to structure the conditions and the parameters of communication transmission correctly) has to possess access to the so-called cookie files, i.e. small text files sent by our website and saved on the side of the user (usually on the hard drive). This is required by the PHP language specifics, in which the programme administering our website was written (CMS). Therefore, the use of cookies is determined by technology or, as stipulates the Telecommunication Law, it is necessary for “transmission of a message via the public telecommunication network.” In this sense, we are only using temporary cookies (session). In turn, sessions are used to store various types of ephemeral information, e.g. information about a user logging in at our website. Apart from it, cookies are used for statistical purposes, which do not allow us to identify personal data of users of the website. In particular, we do not use such information (files) in any other manner (e.g. for marketing purposes, to install software on the recipient’s device, etc.). Cookies are used exclusively (apart from technical issues) for correct provision of our services electronically.

On-line Counselling: Agreement Conclusion Process

11. Sending a correct (with respect to the substance and form) inquiry to the Law Firm imposes an obligation on the Law Firm on providing, within five (5) business days, of an answer to the e-mail address provided by the Client, containing, at east:

a. valuation of the Service and the period in which the valuation is binding;

b. deadline for Service performance;

c. manner of payment for the Service;

d. potential additional questions necessary for conclusion of the agreement and Service provision.

12. Conclusion of the agreement takes place at the moment referred to in point 5 of the Rules and Regulations; however, absence of payment within seven (7) days from sending the valuation for the Service means that the Law Firm shall not be bound by the valuation.

13. After provision of an answer referred to in point 11 of the Rules and Regulations, in particular in relation to the necessity of supplementing the factual status on additional information necessary for service provision, the Client shall cooperate with the Law Firm and provide such information to the e-mail address from which the Law Firm’s response was sent not later than within five (5) business days from the date on which the Law Firm sent the request in this respect under pain of failure to exercise the agreement. Supply of additional information may be agreed in another manner. Clarification of additional questions results in extension of the Service provision deadline, referred to in point 11.b of the Rules and Regulations, by the time necessary for clarification of the details of factual status. Submission, by the Client, of additional questions and conclusions which are not directly related to the originally submitted inquiry shall be treated as a new inquiry.

Protection of Professional Secret On-line

14. The Law Firm ensures protection of professional secret and personal data in the electronic Client Zone secured with SSL protocol with the encryption strength up to 128/256-bit, as well as on the basis of the approved regulations of the software supplier, used at the Client Zone. The Law Firm does not process personal data for marketing purposes and uses such data exclusively for the performance of the agreement concluded with the Client, and it provides relevant information to the Clients before the conclusion of such agreement.

Price List and Invoicing

15. The price of on-line legal advice is fixed and ranges from PLN 200.00 to 1,600.00 net. The price depends on the complexity of the inquiry and the source documents.

16. The price of a legal opinion depends on the labour input of a lawyer and is determined in net amounts on a case-to-case basis.

17. The price of a document, e.g. a procedural writ, an agreement or an information memorandum on the results of specialist examination of databases is determined individually in net amounts depending on the case and the labour input of a lawyer.

18. After the payment for the Service has been settled, the Law Firm issues a VAT invoice for the Client, increasing it by VAT. The Client agrees for the provision of invoices to the e-mail address specified on the inquiry form, without the issuer’s signature.

Complaints

19. The Client may file a complaint with respect to the Service to the address of the Law Firm within fourteen (14) days from the date when the Service was performed or was going to be performed. The complaint shall contain a detailed specification of the Service, along with justification of the reason for filing the complaint, the date and the Client’s signature. The Law Firm shall examine the complaint within seven (7) working days from the date of its receipt.

Termination of Agreement and Final Provisions

20. Until the completion of Service, each Party shall have a right to terminate the Agreement. Termination takes place by filing a statement of will to the other party via e-mail, fax or registered mail with return acknowledgement of receipt. In case the Client settles remuneration in relation to the inquiry for provision of “on-line advice”, the Law Firm shall return the received remuneration deducting any potential costs related to commencement of Service provision; the amount of such costs depends on the progress in Service preparation.