Terms of Service
Valid from 12.08.2020
These Terms of Service (hereinafter referred to as the "Terms") set out the general terms and conditions on the basis of which Magilex Õigusbüroo OÜ provides legal services (hereinafter referred to as the "Service").
The legal service provider is Magilex Õigusbüroo OÜ, with registry code (14587776), located at Vesivärava 13, 10126 Tallinn, Republic of Estonia (hereinafter referred to as "Magilex").
The recipient of legal services (hereinafter referred to as the "Client") is a natural or legal person with whom Magilex has entered into an agreement for the provision of legal services (hereinafter referred to as the "Agreement"). The customer may enter into a contract for the benefit of a third party.
The contract shall be concluded in written reproducible form or orally. The agreement shall be deemed entered into in a reproducible form in writing even if the scope, extent and conditions of the provision of legal services have been agreed by e-mail without signing the client agreement. Oral agreements will be confirmed by e-mail if possible.
Magilex provides the Service under the law of the Republic of Estonia.
Magilex will provide the Service to the Customer or a third party referred to by the Customer in accordance with the Customer's written and oral instructions. The specific manner and details of the provision of the service will be decided by Magilex.
Magilex provides the Service at a generally recognized level of professional skills and strives to achieve the best possible result for the Client. Magilex will take all reasonable measures to prevent damage to the Customer.
Magilex does not generally guarantee the Client the achievement of the desired end result.
The Customer shall pay Magilex a fee for the Service (hereinafter referred to as the "Fee"), the principles of calculation of which shall be agreed in the Agreement. The fee will be calculated either (i) on an hourly basis or (ii) agreed on a flat rate, or (iii) agreed on a maximum cap applicable to the Service or any part thereof, or (iv) a performance fee is applied, or (v) a combination of the above fee calculation methods is applied. The Fee calculated on the basis of the hourly rate is calculated in 6-minute increments. VAT is added to the fee in the case and at the rate prescribed by law.
The Customer generally pays Magilex once a month for the Service provided in the previous month. If the Service is of a one-time nature, the Customer shall pay the Fee immediately after the provision of the respective Service. If the volume of the Service provided in the respective month is small or there is another reason, Magilex may delay invoicing. Delay in submitting an invoice does not release the Customer from the obligations to pay the Fee. The customer has the right to request an immediate invoice.
Fee agreements are confidential. The parties have the right to publish the amount of the Fee in court proceedings for the award of court costs.
Magilex has the right, but not the obligation, to bear the costs and fees necessary for the provision of the Service on behalf of the Customer. The Client is obliged to reimburse Magilex for the direct costs incurred and paid in the Client's interest within the Service (incl. State fees, notary fees, translation costs).
Magilex has the right to demand a reasonable advance payment from the Customer for the Fee and reimbursable expenses before providing the Service.
The Customer is obliged to pay the invoices submitted by Magilex within 5 (five) days from the date of submission of the invoice. In case of delay in payment, Magilex has the right to demand from the Customer an unpaid interest of 0.1% per day on the unpaid amount. In case of delay in payment, the Customer is obliged to pay Magilex a claim handling fee of 20 euros for each sent reminder letter. There must be at least 7 calendar days between payment reminder emails.
Magilex is obliged to keep confidential any information it has received from the Customer in connection with the provision of the Service, unless there is a direct legal obligation to disclose such information or the Customer has given consent (incl. In the Agreement) to disclose the information. The obligation of confidentiality includes the fact of contacting Magilex for the Service, the content of the Service and the amount of the Fee.
If the Customer instructs Magilex or consents to use the services of third parties in providing the Service, Magilex may disclose to them confidential information that Magilex deems necessary for providing the Service. Disclosure of the Fee in court proceedings for the purpose of ordering legal costs is not a breach of confidentiality.
In matters relating to listed companies, Magilex must comply with applicable securities market regulations, apply internal rules on inside information and maintain an insider list.
5. Conflict of interest
Magilex may not provide the Service to the Customer if there is a circumstance that impairs or may impair Magilex's ability to act in the interests of the Customer only, unless Magilex has notified the Customer of such circumstance and the Customer still wishes Magilex to provide him with legal services.
6. Prevention of money laundering and terrorist financing
Magilex fulfills its obligations arising from the Money Laundering and Terrorist Financing Prevention Act and legislation issued on the basis thereof when acting in the name of and on behalf of the Client in a financial or real estate transaction.
Magilex has all the rights arising from the Money Laundering and Terrorist Financing Prevention Act and legislation issued on the basis thereof, including in cases provided by legislation to refuse to provide the Service and terminate the business relationship.
7. Intellectual property
Copyright and other intellectual property rights in any work of Magilex lawyers created in the course of providing the Service are the property of Magilex. The Client has the right to use the result of such work for the purpose for which it has been ordered by the Client.
8. Personal information
Magilex has the right to collect, store, use and process the personal data of the Customer and persons directly related to him in accordance with the laws applicable to the protection of personal data, e.g. To perform the contract, to manage the invoicing system, accounting and internal information systems and customer relations, to fulfill legal obligations and for marketing purposes.
Magilex has the right to process the personal data of the Customer or another person received on the basis of the Agreement or law, incl. sensitive personal data without the express consent of those persons, if this is necessary for the provision of the Service. Magilex may transfer the personal data of the Customer and persons directly related to him to third parties if the respective information is necessary for the provision of the Service and to the extent necessary to achieve the purpose of the Service.
Magilex is not obliged to check the accuracy of the information entrusted to it by the Customer and is not responsible for the accuracy of the data provided to it by the Customer. Magilex is also not responsible for external experts, consultants, specialists, etc. used in the course of providing the Service. analyzes, assessments, explanations and other information provided.
Magilex is not liable for damages resulting from incorrect information received from the Customer or lack of necessary instructions.
Magilex is liable for breach of obligations arising from the Agreement and damage caused by the provision of the Service only in case of gross negligence or intent. Magilex shall not be liable for any loss of income or damage caused by obstacles to the Client's business.
10. Termination of the Agreement
The Customer may cancel the Agreement at any time by notifying Magilex in a form that can be reproduced in writing.
Magilex may cancel the Agreement at any time by notifying the Customer in writing 14 days in advance in a form that can be reproduced.
Magilex may cancel the Agreement without prior notice if (i) the Customer has delayed the payment of the Fee for more than 30 (thirty) days or (ii) by its actions or omissions significantly impedes the provision of the Service by notifying the Customer in a form that can be reproduced in writing.
Upon termination of the Agreement, the Customer is obliged to pay Magilex the Fee and expenses related to the Service provided during the term of the Agreement.
All notices, requests, claims and other communications arising out of this Agreement shall be in writing and shall be deemed to have been duly filed if they are (i) delivered in person, (ii) delivered by courier or registered mail, or (iii) sent by e-mail to a party has been fixed in a written Agreement or, in the absence thereof, has previously been used in communication between the parties. A notice sent by e-mail is considered delivered on the working day following the sending.
A Party is obliged to immediately notify the other party of (i) changes in the contact information previously fixed in the written Agreement or (ii) in the absence of a written Agreement, previously used in the communication between the parties.
12. Final provisions
The Agreement shall enter into force on the date of signing the Agreement or, if the Agreement has not been signed in writing, on the date of acceptance of the Magilex offer by the Customer and shall be valid indefinitely.
Magilex has the right to unilaterally change the Terms by notifying the Customer of the change of the Terms at least 14 days in advance. The current version of the Terms is always available on the Magilex website at https://www.magilex.ee/en/terms-of-service. If the Customer does not agree with the amendment of the Terms, the Customer has the right to cancel the Agreement in accordance with clause 10 of the Terms.
The law of the Republic of Estonia shall apply to the contract. Disputes arising from the agreement shall be resolved by the parties through negotiations. If no agreement is reached, disputes will be resolved in Harju County Court.