{"id":43782,"date":"2023-11-01T12:29:47","date_gmt":"2023-11-01T11:29:47","guid":{"rendered":"https:\/\/zuniclaw.com\/zunic-law-general-terms-of-service\/"},"modified":"2024-06-18T13:56:03","modified_gmt":"2024-06-18T11:56:03","slug":"general-terms-of-service","status":"publish","type":"page","link":"https:\/\/zuniclaw.com\/en\/general-terms-of-service\/","title":{"rendered":"Zunic Law General Terms of Service"},"content":{"rendered":"\t\t
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Entered into force on November 1, 2022<\/p><\/div><\/section>

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Zunic Law General Terms of Service<\/h1>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t
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These General Terms of Service (hereinafter: \u201cGeneral Terms of Service<\/strong>\u201d) represent the rules in accordance with which services are provided by each of the attorneys at law within the Joint law firm \u017duni\u0107 (hereinafter jointly referred to as \u201cPartners<\/strong>\u201d, \u201cwe<\/strong>\u201d or \u201cZunic Law<\/strong>\u201d or individually referred to as \u201cPartner<\/strong>\u201d).<\/p>

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The agreement between the Client and Zunic Law regarding the legal services provided by Zunic Law (hereinafter: \u201cLegal Services Agreement<\/strong>\u201d) can be concluded in one of the following ways:<\/p>

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  • by signing a written document (including an electronic signature),<\/li>
  • by exchanging emails between the Client and Zunic Law confirming engagement for the services defined in such correspondence,<\/li>
  • by paying the proforma invoice or the invoice issued by Zunic Law.<\/li><\/ul>

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    General Terms of Service represent the basis on which we provide our services and apply to all future inquiries and instructions that the Client gives to Zunic Law. General Terms of Service constitute the entire Legal Services Agreement or are a part of the Legal Services Agreement and are mandatory for Zunic Law and the Client. Therefore, please make sure that you read and understand the terms fully. If you have any questions, please contact us before you engage Zunic Law.<\/p>

    Definitions used in the Legal Services Agreement are also applicable here.<\/p><\/div><\/section>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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    CONTENTS<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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    1. INTRODUCTORY PROVISIONS
    2. CLIENT RELATIONSHIP
    3. PROVISION OF SERVICES
    4. TRANSLATION SERVICES
    5. FEES AND EXPENSES
    6. INVOICES AND PAYMENT
    7. REPRESENTATION IN COURT PROCEEDINGS
    8. VALUE-ADDED TAX (VAT)
    9. INTELLECTUAL PROPERTY
    10. COMMUNICATION
    11. KNOW YOUR CLIENT PROCEDURE
    12. DOCUMENTATION AND ARCHIVING
    13. FORCE MAJEURE
    14. CONFLICT OF INTEREST
    15. CONFIDENTIAL INFORMATION
    16. PERSONAL DATA PROCESSING
    17. LIMITATION OF LIABILITY
    18. TERMINATION OF SERVICE
    19. REFERENCES
    20. GOVERNING LAW AND DISPUTE RESOLUTION
    21. SEVERABILITY
    22. ENTIRE AGREEMENT
    23. CHANGES TO THE GENERAL TERMS OF SERVICE<\/p>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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    1. INTRODUCTORY PROVISIONS\n<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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    These General Terms of Service (hereinafter: \u201cGeneral Terms of Service<\/strong>\u201d) represent the rules in accordance with which services are provided by each of the attorneys at law within the Joint law firm \u017duni\u0107 (hereinafter jointly referred to as \u201cPartners<\/strong>\u201d, \u201cwe<\/strong>\u201d or \u201cZunic Law<\/strong>\u201d or individually referred to as \u201cPartner<\/strong>\u201d).<\/p>

    The agreement between the Client and Zunic Law regarding the legal services provided by Zunic Law (hereinafter: \u201cLegal Services Agreement<\/strong>\u201d) can be concluded in one of the following ways:<\/p>

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    • by signing a written document (including an electronic signature),<\/li>
    • by exchanging emails between the Client and Zunic Law confirming engagement for the services defined in such correspondence,<\/li>
    • by paying the proforma invoice or the invoice issued by Zunic Law.<\/li><\/ul>

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      General Terms of Service represent the basis on which we provide our services and apply to all future inquiries and instructions that the Client gives to Zunic Law. General Terms of Service constitute the entire Legal Services Agreement or are a part of the Legal Services Agreement and are mandatory for Zunic Law and the Client. Therefore, please make sure that you read and understand the terms fully. If you have any questions, please contact us before you engage Zunic Law.<\/p>

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      Definitions used in the Legal Services Agreement are also applicable here.<\/p>

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      In accordance with the Client\u2019s request, Zunic Law will provide legal and advisory services, as well as complete legal support related to the realization of the Client\u2019s goals and the fulfillment of the Client\u2019s rights, pursuant to the rules of professional conduct and instructions provided by the Client.<\/p>

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      The services will be provided by the Partner or a person who is a member of the Zunic Law team, at Partner\u2019s sole discretion.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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      2. CLIENT RELATIONSHIP\n<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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      Zunic Law will attempt to provide the Client with a response as soon as possible. To provide a high-quality tailored service, Zunic Law may ask the Client for necessary additional clarifications and information.<\/p>

      If Zunic Law\u2019s engagement includes representation before courts and other competent authorities or third parties, Zunic Law will prepare an adequate power of attorney, necessary for taking actions before courts and competent authorities in the Client\u2019s name or the Client\u2019s account.<\/p>

      After that, Zunic Law will provide the Client with a power of attorney proposal, and by signing it, the Client authorizes the Partners, attorney associates, and associates listed in the power of attorney to undertake the actions that are the subject of the power of attorney.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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      3. PROVISION OF SERVICES\n<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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      Zunic Law will provide legal services in the agreed scope and accordance with the Client\u2019s instructions. The agreed scope of work can be changed by concluding an annex to the Legal Services Agreement in writing with a signed document (including an electronic signature) or by exchanging emails between Client and Zunic Law.<\/p>

      Zunic Law will not be liable if the provided services do not include any advice or comment concerning any matter which is not an integral part of the contracted scope of work or if the Client has not instructed Zunic Law to provide legal advice or comment in relation to such matter.<\/p>

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      Zunic Law will provide services exclusively in accordance with the Client\u2019s instructions and based on the documentation and information the Client provided to Zunic Law. If Zunic Law deems it necessary and provided we have all relevant information, Zunic Law will warn the Client of the possible consequences of such provided instructions. It is important that the Client provides all relevant documentation and information for the provision of adequate service by Zunic Law. If the Client does not provide Zunic Law with all the necessary information and documentation, Zunic Law will not be held responsible for any mistake and\/or failure that may occur due to the lack of complete information and documentation.<\/p>

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      Additionally, the Client understands and accepts that Zunic Law may need, in order to obtain information necessary to provide services, to discuss certain matters with the Client\u2019s other advisers such as the accountant, technical team, etc. Furthermore, if there is a necessity to obtain third-party services in relation to the Client\u2019s case, Zunic Law will engage such service providers and undertake the appropriate measures to ensure the confidentiality and security of the Client\u2019s data and documents.<\/p>

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      The services provided by Zunic Law are exclusively services related to legal matters and do not include the provision of services in other areas (such as finance, accounting, business consulting, etc.).<\/p>

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      Certain areas of law are not sufficiently developed in the Republic of Serbia, so there is not enough case law, or such case law is uneven. In that case, Zunic Law will act according to the\u00a0bona fides<\/em>\u00a0principle, the principle of honesty, and in accordance with the best understanding and interpretation of the specific matter, taking into account the Client\u2019s interests, all with the aim of providing quality service.<\/p>

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      Zunic Law provides its services on the territory of the Republic of Serbia and in connection with the law of the Republic of Serbia. Depending on the circumstances of the case and in accordance with the Client\u2019s request, Zunic Law can provide legal services in the territories of other countries and undertake certain actions that are in the Client\u2019s interest (meetings, collection of documentation, etc.). Based on the general knowledge and experience of its members, Zunic Law can also provide a legal opinion regarding the law of other jurisdictions, which must be specifically contracted in the Legal Services Agreement in writing. Zunic Law shall bear no responsibility for any advice provided by any attorney at law from another jurisdiction who has been instructed by Zunic Law to provide advice regarding the Client\u2019s case, and any claim towards such attorneys shall be addressed to them directly.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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      4. TRANSLATION SERVICES\n<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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      Zunic Law can also provide internal translation services from Serbian into English and vice versa, at the Client\u2019s request. Zunic Law\u2019s translation team, in cooperation with the Partner and\/or senior associate, will perform the translation.<\/p>

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      If Zunic Law is not able to provide the Client with translation services, Zunic Law will gladly help organize the translation and hire authorized court interpreters. In that case, Zunic Law will not be responsible for their work.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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      5. FEES AND EXPENSES\n<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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      Any offer made by Zunic Law is valid for 30 days unless otherwise stipulated in the offer.<\/p>

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      Zunic Law applies the standard pricing valid at the moment of the start of cooperation with the Client (hereinafter: \u201cS<\/strong>tandard Pricing<\/b>\u201d). If the Client specifically asks in writing, Zunic Law will provide an assessment of the cost before starting the provision of Services. If the Client engages Zunic Law as stipulated in Section 1 without the prior assessment, the Client agrees with the Standard Pricing.<\/p>

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      Unless otherwise stipulated in the Legal Services Agreement, the fee for Zunic Law services will be based on the time spent working on the Client\u2019s case, which should be calculated according to the hourly rates stipulated in the Legal Services Agreement. The time spent working on the Client\u2019s case includes the time spent in meetings with Client or third parties according to the Client\u2019s instructions, preparation and work on documents, as well as oral and written communication between the Client and Zunic Law team members.<\/p>

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      If the fee is agreed in the fixed amount, Zunic Law will not charge any additional fee unless the scope and nature of the work are different than previously agreed, of which the Client will be informed in advance by Zunic Law. The assessment of the fee (as opposed to the fixed fee) is provided as a guideline that will help the Client when deciding on hiring Zunic Law. When assessing the fee Zunic Law may take into account all the factors relevant for such assessment, including but not limited to the complexity of the task, the value of the case, the number or amount of the documents to be reviewed, etc.<\/p>

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      If a fixed fee encompasses delivering another version after the input received by the Client to the first version of a document, such Client\u2019s input shall be considered only if the Client sends the input within 3 months from the delivery of the first version.<\/p>

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      The fee for any services requested by the Client in addition to the previously agreed scope of work shall be calculated according to the hourly rates stipulated in the Legal Services Agreement.<\/p>

      If the Client hires Zunic Law for representation before the courts, the fees will be calculated according to the official Tariff of fees and expenses payable for the work of attorneys at law applicable at the time of taking the action.<\/p>

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      By deciding to hire Zunic Law, the Client authorizes Zunic Law to bear the costs and expenses that are considered necessary for the execution of the work by Zunic Law. Zunic Law will ask the Client to reimburse all the costs that have arisen in relation to the purposes of working on the Client\u2019s case, at the time of their occurrence and at the latest when issuing the invoice for the month in which the costs were incurred. In some cases, Zunic Law may ask the Client to pay such costs in advance. Costs include, among other things, court and administrative fees, payment of courier services, fees for experts hired upon the Client\u2019s approval, transportation costs, travel costs, and accommodation costs incurred while working on the Client\u2019s case. This list of costs is not definitive. If the value of an individual expense exceeds the amount of 500 EUR in RSD counter value on the day of payment, Zunic Law will first request the Client\u2019s written approval for such an expense.<\/p>

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      Zunic Law reserves the right to request an advance payment of the agreed fee in whole or in part.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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      6. INVOICES AND PAYMENT<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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      When starting cooperation, Zunic Law charges the first scope of work (excluding the initial consultations, if applicable) in advance with each new Client, unless agreed differently explicitly in writing. The Client understands and agrees that Zunic Law has no obligation to start with the provision of the services before receiving the payment.<\/p>

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      Zunic Law will issue the invoice or proforma invoice in electronic form and deliver it via email address, no later than on the 10th day of the month for the previous month. of the month for the previous month. The Client undertakes to make the payment in accordance with the invoice or proforma invoice within 8 (eight) days from the date of receipt of the invoice, i.e., proforma invoice, unless agreed differently. If Zunic Law and the Client have agreed on a fixed fee for work on a certain subject, Zunic Law will issue an invoice no later than 10 (ten) days from the date of completion of the contracted work. The Client shall pay statutory interest on the unpaid due amount of the fee at an official statutory interest rate in Serbia at the time when the amount of the fee is due.<\/p>

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      If the fee is agreed on in a foreign currency, and the invoice is issued to a domestic legal entity, the fee will be expressed in RSD counter value at the higher exchange rate of the National Bank of Serbia on the day the invoice is issued.<\/p>

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      If the Client is required to deduct or withhold any taxes or other sums (such as bank charges) from any amount payable indicated in an invoice in whatever circumstances, the Client will pay and bear such taxes or other amounts and ensure that Zunic Law receives the full amount of the invoice net of any deduction or withholding.<\/p>

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      Client shall bear responsibility for the payment of the fees regardless of whether the payment is made from the Client directly or from any third party on behalf of the Client.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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      7. REPRESENTATION IN COURT PROCEEDINGS\n<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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      If the Client hires Zunic Law for representation before the courts, regardless of the outcome of the proceedings, the Client will always be obliged to pay the due invoices, which may include costs assessed by the court. At the conclusion of the proceeding, the court evaluates the costs incurred by the party who succeeded in the proceeding, whereas the opposing party usually has the obligation to pay the costs to the successful party in full or in part. Even if the party who did not succeed in the proceeding does not reimburse the Client for all or any part of the costs, the Client will be obliged to reimburse the full amount of the costs for services provided by Zunic Law.<\/p>

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      During the course of the proceedings, at the Client\u2019s request, Zunic Law can provide an estimate of the costs that the Client is likely to reimburse to the opposing party in the event that the Client loses the case. Zunic Law will make such an estimate to the best of its knowledge. However, this is a question to be decided by the court, which has the right to reduce the amount of costs that will be compensated, at its discretion, if it considers that the costs are disproportionate or unreasonable. If the Client does not succeed in a dispute, the court may order the Client to reimburse the opposing party for the costs, and that amount is paid in addition to the costs and fees of Zunic Law.<\/p>

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      On the Client\u2019s request, the possibility of a success-based fee arrangement can be considered. In such cases, the Client and Zunic Law must conclude a separate written agreement stipulating the conditions.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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      8. VALUE-ADDED TAX (VAT)\n<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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      The agreed fees do not include VAT. Any fee estimation, offer, brochure or similar will contain the net fees, and the total amount of fees due will be calculated by adding VAT. VAT is calculated only if the payment is made from Serbia. VAT is not applicable to payments from abroad.<\/p>

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      Zunic Law keeps the right to refuse the Client\u2019s request that Zunic Law issue the invoice to another person\/entity after the invoice for the services has already been issued. If the Client\u2019s request is accepted, simultaneously with the reissuing of the invoice, the Client agrees to provide Zunic Law with all documentation and information that Zunic Law may request. The information and documentation are necessary for Zunic Law to be able to request a refund of the VAT calculated on the original invoice if the VAT was calculated. The Client remains responsible for paying the issued invoices until the new invoice amount is fully paid.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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      9. INTELLECTUAL PROPERTY\n<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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      The Client can use the documents and other materials prepared by Zunic Law when working on the Client\u2019s case (hereinafter: Materials<\/strong>) exclusively for the purpose for which the Client hired Zunic Law. Without prior consent of Zunic Law, the Client may not use the Materials for other purposes, nor may the Client submit it for inspection or use by any third party. Zunic Law retains the copyright and all other intellectual property rights on the created Materials.<\/p>

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      In case of modification of any Materials on which Zunic Law was not engaged (except for technical changes and filling the data), Zunic Law cannot be held responsible for any damage resulting from the modified document.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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      10. COMMUNICATION<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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      Communication between Zunic Law and the Client will primarily be conducted electronically, and if necessary, also in person or by express and registered mail, courier service, or by telephone.<\/p>

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      When communicating electronically, there is a risk that the message sent to Client may not be delivered or may be stolen or lost. In that case, Zunic Law shall bear no responsibility for messages that were not delivered, nor for the loss or theft of messages or data and documentation that was attached to such a message.<\/p>

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      Zunic Law will take all necessary measures to prevent the possibility of data theft. When communicating with the Client, Zunic Law will use verified channels and adequate protection against viruses, and the same is expected from the Client.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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      11. KNOW YOUR CLIENT (KYC) PROCEDURE\n<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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      In accordance with the Law on the prevention of money laundering and terrorist financing, attorneys at law are obliged to perform a risk analysis of money laundering and terrorist financing of all their clients. After the conclusion of the Legal Services Agreement, at Zunic Law\u2019s request, the Client is obliged to submit the following information:<\/p>

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