GENERAL CONDITIONS

for provision of legal services by Staniek & Partners law firm

  1. The following general conditions define the conditions of legal services by “Staniek i Partnerzy – Radcowie Prawni i Doradcy Podatkowi Spółka Partnerska” registered in Wrocław, ul. Hubska 52/14, found in the National Court Register under the number KRS 0000818392 by the District Court for Wrocław-Fabryczna, VI Commercial Department of the National Court Register, NIP: 8992873102, REGON: 385056261; the office in Krakow, ul. Wadowicka 7 (hereinafter referred to as “S&P”) for the benefit of clients (hereinafter referred to as “Client”).

  2. These general conditions form an integral part of the contract for legal services to the customer, up to extent where they were not expressly repealed or amended by the contract for provision of services.

  3. These general conditions bind the Customer in the case of: (i) their delivery before the conclusion of the contract; (ii) sharing them to the Customer in electronic form including publication on the S&P website. The use of the contractual templates (including general terms and conditions) of the Customer is excluded, and order provisions conflicting with these general terms and conditions require explicit acceptance by S&P. The provisions of art. 682 and 3854 of the Civil Code shall not apply.

  1. Unless S&P has entered into a written agreement with a given Customer, such an agreement may be concluded in any form and each time requires explicit acceptance of the order by S&P.
  2. S&P reserves the right to refuse to perform an order, in particular in case of a conflict of interest. S&P binds itself to immediately inform the Customer about the refusal to carry out the order.
  3. S&P undertakes to carry out the client’s orders on a date agreed with the client. If the date has not been agreed, the orders will be carried out within a reasonable time, taking into account the need to ensure the adequate quality of consultancy provided by S&P.
  4. S&P provides legal services to the Customer up to extent expressly ordered by the Customer.
  5. The customer and S&P mutually accept transmission of information via email. Each party applies its own means of protection against the risks associated with such exchange of information (e.g. the risk of computer viruses). Neither party is liable for any damages incurred by the other party in connection with such risks and their consequences. The customer acknowledges that sending information via email may not guarantee confidentiality of correspondence.
  1. S&P remuneration for legal services under a given order is calculated as the product of the number of hours spent by S&P employees or associates on providing services to the Customer and the hourly rate in PLN assigned to a given position in the S&P structure.
  2. Besides remuneration, S&P is entitled to reimbursement of individualized expenses incurred while performing the client’s order, such as, e.g. court, tax and notary fees, tax on civil law transactions, translation costs, accommodation and travel costs, courier parcels, etc. These expenses will be returned on the basis of relevant bills and invoices.
  3. S&P may request from the Client an appropriate advance payment at any time and the amount will correspond with the type of order and the anticipated commitment of S&P. The advance payment will be settled, without interest, with the last invoice after providing services for a given Customer is done.
  4. Settlement of services provided by S&P will be settled on VAT invoices issued on a monthly basis, at the end of the month, payable within 14 days of their receipt, by transfer to the account indicated on the invoice.
  1. The client is responsible for providing S&P with access to relevant data and information necessary to provide legal advice. The customer is responsible for its reliability, accuracy and completeness.
  2. S&P shall not be liable for non-performance or improper performance of services, if this is a consequence of providing false, inaccurate or incomplete information by the Customer, as well as persons acting on behalf of the Customer or acting on the Customer’s order.
  3. S&P’s liability to the Customer for any title, including non-performance or improper performance of a contract for provision of legal services, is limited only to actual damage. S&P’s liability is additionally limited to up to 100,000. PLN for any damage.
  4. S&P shall not be liable for indirect or consequential damages or loss of profits.
  5. The customer waives any rights and claims that they may have against a given partner as the person responsible for S&P’s obligations under the contract for the provision of legal services and any order toward all present and future S&P partners, and undertakes not to raise any claims against partners or S&P employees.
  1. S&P is subject to the provisions of the Act of 1 March 2018 on counteracting money laundering and terrorist financing (“AML Act”). It imposes an obligation on S&P to apply financial security measures to the client, including the obligation to identify and verify the identity of the Customer and of his representatives, identify and verify the identity of the real beneficiary, obtain information about the Customer’s connections with persons holding political positions, as well as the obligation to notify the General Inspector of Financial Information about circumstances that may indicate on suspected money laundering or terrorist financing.
  2. Pursuant to the AML Act, the Customer is required to provide S&P with all requested information and documents specified in the AML Act, in particular to deliver the completed “Know Your Customer” form and update the information it contains. S&P reserves the right not to start providing services or to suspend or terminate them if they do not receive the relevant information required by the AML Act from the Customer.
S&P is the administrator of personal data of natural persons who conclude a contract on behalf of the Customer, as well as contact persons on the Customer’s side, including persons authorized to place orders and persons servicing their settlement processes. The rules for the processing of personal data of the above persons by S&P are contained in the privacy policy available at www.staniekandpartners.com/en/privacy-policy-2/
  1. S&P retains the copyright and all other intellectual property rights to legal opinions, documents, studies, know-how, etc. prepared as part of the services provided.
  2. Information provided as part of the services provided may be used by the Customer only for his internal needs, as part of his business, unless S&P has given their written consent to make it available or in the event that given documentation has been prepared to be made available to third parties.
  1. S&P and the Customer undertake to keep confidential all information regarding the conclusion of the contract and its content. S&P undertakes to keep confidential all information obtained from the Customer in connection with the performance of services. The above limitation does not apply to information: (i) whose disclosure by S&P will be necessary due to applicable law (ii) which is currently or will become generally known in the future, (iii) which is currently or will be known to S&P without violating this confidentiality clause in the future (iv) which will be obtained by S&P from other sources.
  2. The Customer authorizes S&P to use its name in offers, information and advertising materials, customer lists and on the S&P website.
  1. Legal relations between the Customer and S&P are regulated by Polish law.
  2. The parties are obliged to seek amicable settlement of disputes. In the absence of an amicable settlement, disputes will be settled by a common court competent for the seat of S&P.
  3. These general terms and conditions have been drawn up in Polish and English and are available at www.staniekandpartners.com. In the event of a dispute as to their content, the Polish language version shall prevail.

§ 1. General provisions

  1. The following general conditions define the conditions of legal services by “Staniek i Partnerzy – Radcowie Prawni i Doradcy Podatkowi Spółka Partnerska” registered in Wrocław, ul. Hubska 52/14, found in the National Court Register under the number KRS 0000818392 by the District Court for Wrocław-Fabryczna, VI Commercial Department of the National Court Register, NIP: 8992873102, REGON: 385056261; the office in Krakow, ul. Wadowicka 7 (hereinafter referred to as “S&P”) for the benefit of clients (hereinafter referred to as “Client”).
  2. These general conditions form an integral part of the contract for legal services to the customer, up to extent where they were not expressly repealed or amended by the contract for provision of services.
  3. These general conditions bind the Customer in the case of: (i) their delivery before the conclusion of the contract; (ii) sharing them to the Customer in electronic form including publication on the S&P website. The use of the contractual templates (including general terms and conditions) of the Customer is excluded, and order provisions conflicting with these general terms and conditions require explicit acceptance by S&P. The provisions of art. 682 and 3854 of the Civil Code shall not apply.

§ 2. The scope of services and mode of provision

Unless S&P has entered into a written agreement with a given Customer, such an agreement may be concluded in any form and each time requires explicit acceptance of the order by S&P.

  1. S&P reserves the right to refuse to perform an order, in particular in case of a conflict of interest. S&P binds itself to immediately inform the Customer about the refusal to carry out the order.
  2. S&P undertakes to carry out the client’s orders on a date agreed with the client. If the date has not been agreed, the orders will be carried out within a reasonable time, taking into account the need to ensure the adequate quality of consultancy provided by S&P.
  3. S&P provides legal services to the Customer up to extent expressly ordered by the Customer.
  4. The customer and S&P mutually accept transmission of information via email. Each party applies its own means of protection against the risks associated with such exchange of information (e.g. the risk of computer viruses). Neither party is liable for any damages incurred by the other party in connection with such risks and their consequences. The customer acknowledges that sending information via email may not guarantee confidentiality of correspondence.

§ 3.     Salary and reimbursement

  1. S&P remuneration for legal services under a given order is calculated as the product of the number of hours spent by S&P employees or associates on providing services to the Customer and the hourly rate in PLN assigned to a given position in the S&P structure.
  2. Besides remuneration, S&P is entitled to reimbursement of individualized expenses incurred while performing the client’s order, such as, e.g. court, tax and notary fees, tax on civil law transactions, translation costs, accommodation and travel costs, courier parcels, etc. These expenses will be returned on the basis of relevant bills and invoices.
  3. S&P may request from the Client an appropriate advance payment at any time and the amount will correspond with the type of order and the anticipated commitment of S&P. The advance payment will be settled, without interest, with the last invoice after providing services for a given Customer is done.
  4. Settlement of services provided by S&P will be settled on VAT invoices issued on a monthly basis, at the end of the month, payable within 14 days of their receipt, by transfer to the account indicated on the invoice.

§ 4. Responsibility of S&P and a Customer 

The client is responsible for providing S&P with access to relevant data and information necessary to provide legal advice. The customer is responsible for its reliability, accuracy and completeness.

S&P shall not be liable for non-performance or improper performance of services, if this is a consequence of providing false, inaccurate or incomplete information by the Customer, as well as persons acting on behalf of the Customer or acting on the Customer’s order.

  1. S&P’s liability to the Customer for any title, including non-performance or improper performance of a contract for provision of legal services, is limited only to actual damage. S&P’s liability is additionally limited to up to 100,000. PLN for any damage.
  2. S&P shall not be liable for indirect or consequential damages or loss of profits.
  3. The customer waives any rights and claims that they may have against a given partner as the person responsible for S&P’s obligations under the contract for the provision of legal services and any order toward all present and future S&P partners, and undertakes not to raise any claims against partners or S & P employees.

§ 5. Obligations of S&P and the Customer, resulting from regulations counteracting money laundering and financing terrorism

  1. S&P is subject to the provisions of the Act of 1 March 2018 on counteracting money laundering and terrorist financing (“AML Act”). It imposes an obligation on S&P to apply financial security measures to the client, including the obligation to identify and verify the identity of the Customer and of his representatives, identify and verify the identity of the real beneficiary, obtain information about the Customer’s connections with persons holding political positions, as well as the obligation to notify the General Inspector of Financial Information about circumstances that may indicate on suspected money laundering or terrorist financing.
  2. Pursuant to the AML Act, the Customer is required to provide S&P with all requested information and documents specified in the AML Act, in particular to deliver the completed “Know Your Customer” form and update the information it contains. S&P reserves the right not to start providing services or to suspend or terminate them if they do not receive the relevant information required by the AML Act from the Customer.

§ 6.    Personal data protection

S&P is the administrator of personal data of natural persons who conclude a contract on behalf of the Customer, as well as contact persons on the Customer’s side, including persons authorized to place orders and persons servicing their settlement processes. The rules for the processing of personal data of the above persons by S&P are contained in the privacy policy available at www.staniekandpartners.com.

§ 7.    Copyright

  1. S&P retains the copyright and all other intellectual property rights to legal opinions, documents, studies, know-how, etc. prepared as part of the services provided.
  2. Information provided as part of the services provided may be used by the Customer only for his internal needs, as part of his business, unless S&P has given their written consent to make it available or in the event that given documentation has been prepared to be made available to third parties.

§ 8.     Confidentiality

  1. S&P and the Customer undertake to keep confidential all information regarding the conclusion of the contract and its content. S&P undertakes to keep confidential all information obtained from the Customer in connection with the performance of services. The above limitation does not apply to information: (i) whose disclosure by S&P will be necessary due to applicable law (ii) which is currently or will become generally known in the future, (iii) which is currently or will be known to S&P without violating this confidentiality clause in the future (iv) which will be obtained by S&P from other sources.
  2. The Customer authorizes S&P to use its name in offers, information and advertising materials, customer lists and on the S&P website.

§ 9.    Applicable law, settlement of disputes and language of the document

  1. Legal relations between the Customer and S&P are regulated by Polish law.
  2. The parties are obliged to seek amicable settlement of disputes. In the absence of an amicable settlement, disputes will be settled by a common court competent for the seat of S&P.
  3. These general terms and conditions have been drawn up in Polish and English and are available at www.staniekandpartners.com. In the event of a dispute as to their content, the Polish language version shall prevail.www