OVERVIEW

These General Terms and Conditions of Provision of Legal Services constitute an integral part of the contract with client (Contract with Client) entered into by and between Trade Innovation Services Private Limited (Firm) and client (Client) and apply to the provision of legal services by the Firm, unless agreed otherwise. In the event of differences between the General Terms and Conditions and the Contract with Client, the Contract with Client shall prevail.

1. Terms and conditions for providing legal services by the Firm

1.1. The Firm shall provide the Client with legal services consisting of professional legal counselling, representation or defence of the person in court, during pre-trial procedure or elsewhere, and preparation of documents for the person and performing other legal acts in the interests of the person.

1.2. In performing the Contract for Legal Services and the assignments, in applying his or her experience and in finding solutions the attorney shall be guided by the objective to ensure the maximum legal protection of the Client’s interests, including to create legal certainty and clarity, and shall be guided by law and professional ethics.

1.3. The intellectual property rights created within the framework of legal services provided by the Firm belong to the Firm and the Firm shall grant the Client a non-exclusive licence for the use of the created documents worldwide in a manner necessary for the Client.

1.4. The Firm shall ensure the quality of the legal service provided to the Client and shall be liable for the direct patrimonial damage caused to the Client through intent or gross negligence during the performance of the Contract for Legal Services.

1.5. The attorneys of the Firm shall apply due diligence measures with regard to the Client, its representatives, actual beneficiaries, transactions and business partners to the extent established in the Money Laundering and Terrorist Financing Prevention Act and by the Estonian Bar Association.

2. Authorisation

2.1. The authorisation and liability to act on behalf ofthe Client shall come into force at the moment of conclusion of the Contract for Legal Services. The Contract for Legal Services is deemed concluded if it has been signed or if the intent of the parties has been explicitly expressed in a format which can be reproduced in writing or by actions.

2.2. In order to replace the attorney performing the assignment, the Firm shall appoint one of its attorneys as a substitute attorney. The Client is entitled to demand replacement of the substitute attorney.

2.3. The assistants to the attorney-at-law act under the guidance of their patron.

2.4. The Firm and the attorney shall not conclude transactions on behalf of and on the account of themselves in the interests of or based on the assignment of the Client, if the purpose thereof is to conceal the actual beneficiary owner, circumvent any supervision, tax, reporting and other obligations, or any other purpose contrary to the law.

2.5. The Firm is entitled to process the personal data of the Client and third parties relating to the performance of the assignment in accordance with the Privacy Policy of the Firm available at Privacy Policy.

2.6. The Firm shall identify the Client at the first meeting.

3. Fees and costs

3.1. The principles for calculation and the amount of the fees for legal services are indicated in the Contract for Legal Services either as, a fixed fee (so-called assignment fee) or a combination of the assignment fee and the performance fee.

3.2. The Client shall reimburse the Firm for the justified and necessary expenses relating to the performance of the assignment. The expenses to be reimbursed include e.g., state fees, translation costs, expert fees, reasonably necessary travel expenses (plane tickets, ferry tickets, hotel accommodation, etc.), necessary courier and communication costs, cost of making unusually high number of copies, binding, etc. At the request of the Client, the Firm shall add the relevant expense receipts (invoices, receipts, boarding passes, etc.) to the invoice for the legal services.

3.3. As a rule, the Firm shall submit the invoice for the legal services provided and the expenses incurred during the previous month at the beginning of the next month. The maturity of the invoice is 10 days, unless otherwise agreed by the parties. At the request of the Client, the Firm shall supplement the invoice with a report on provided legal services.

4. Confidentiality

4.1. The confidentiality of the communication with the Client at the place of business of the Firm is ensured by law and the Firm shall maintain the confidentiality of the fact of applying for legal services, the content of legal assistance and the amount of the fees.

4.2. The confidentiality obligation shall not be limited in time and shall apply to all the employees of the Firm. The Firm shall duly observe the requirements of the professional ethics of attorneys.

4.3. The confidentiality obligation shall not extend to the Firm only in the event of a direct obligation arising from the law (including the Money Laundering and Terrorist Financing Prevention Act) to disclose information, or if the consent to disclose the information arises from any authorisation or assignment of the Client.

4.4. The Firm shall make reasonable efforts to ensure confidentiality of any communication performed by means of electronic devices, but the Client is aware that it is impossible to guarantee full confidentiality in case of such communication.

5. Documents and other information

5.1. The Firm has no obligation to verify the accuracy of information received from the Client.

5.2. The Firm shall, during the performance of the assignment, maintain all documents related to the performance of the assignment that are received from the Client or third parties.

5.3. The Firm is entitled not to maintain documents in paper form if there is an electronic copy thereof (except for original documents). The firm shall not maintain any printouts of electronic correspondence and electronic documents publicly available on the Internet.

5.4. The Firm is entitled to withhold the documents of the Client until the fees for the legal service and the costs related to the provision of service have been reimbursed.

5.5. After the termination of the assignment or the Contract for Legal Services, the Client is obligated to collect, on its own account, from the Firm the documents received for performance of the assignment from the Client or third parties.

5.6. After the termination of the assignment, the Firm shall keep the documents received for six (6) months, unless agreed otherwise.

5.7. After the expiry of six (6) months, the Firm is entitled to destroy the documents or store them in the archive and to demand the reimbursement of the relevant expenses from the Client.

6. Validity and termination

6.1. The Firm is entitled to amend these present General Terms and Conditions at any time by informing thereof on its homepage. The most recent version of these Terms and Conditions is always available at General Terms and Conditions of Provision of Legal Services.

6.2. Upon the termination of the Contract for Legal Services, the Firm shall reasonably consider the objective to avoid damaging the interests of the Client.

6.3. The Client may terminate the Contract for Legal Services at any time by informing the Firm thereof.

6.4. The Firm may waive the obligations assumed under the Contract for Legal Services or terminate the Contract for Legal Services, including without disclosing the reasons therefor, if:

1. a) there occurs a conflict of interest; or
   b) the Client has submitted a request, the fulfilment of which requires the attorney to violate the law or the requirements of professional ethics; or
   c) the Client has violated a material provision of the Contract for Legal Services; or
   d) the Client fails to submit information or documents that are necessary for the Firm or the attorneys for the application of the due diligence measures; or
   e) at any time during the provision of legal services, there occurs a circumstance that suggests that the person, act or business relationship is connected with money laundering or financing of terrorism, or that the Client, its representative or its actual beneficiary is subject to a sanction, or if so required by the supervisory authority related to the prevention of money laundering and terrorism financing.

6.5. The legal relationship arising from this contract shall be governed by the national laws of India. The parties shall attempt to settle any disputes by means of negotiations. If the parties fail to reach an agreement, the disputes shall be settled at Courts of Rajasthan.

7. Intellectual property rights

We (or our suppliers or third parties who have granted us permission to reproduce their material on this website) own all Intellectual Property Rights in the website content.  Nothing in the Legal Notices gives you any right, title, or interest in the website content or this website and you do not acquire any such right, title, or interest through your use of the website. If you need a third party to use this website, you agree to obtain a license that at your own expense or that of your employer.  Please also read the Copyright and Reproduction Notices which apply to the website content.

8. No guarantee or warranties

8.1. We cannot guarantee that this website will operate in accordance with your expectations or will be error-free. We may update this website from time to time and we reserve the right to modify, restrict access to or close this website at any time.
8.2. We give no express or implied representation or warranty (whether statutory or otherwise) in respect of this website or the website content (including, without limitation, as to their condition, satisfactory quality, performance, fitness for purpose, or that it is up to date) and all such representations and warranties are excluded, except to the extent that their exclusion is prohibited by law.

9. Disclaimer of liability

If you have a specific legal question, you should address it with one of our lawyers. This site is for information purposes and is not an advertisement. Nothing on this site constitutes a binding offer to give any legal advice or perform any other service in any jurisdiction. Nor does any person accessing, or acting on, our website content of itself imply any duty of care being assumed in any jurisdiction on the part of Trade Innovation Services Private Limited toward such person, or any other duty of the kind owed by a law firm to its clients. Trade Innovation Services Private Limited disclaims all liability accordingly.

10. No unsolicited marketing emails

10.1. Email addresses are provided on this website for the purpose of pursuing the business ofTrade Innovation Services Private Limited. By accessing this site, you agree not to send unsolicited emails for advertising, market research, or illegal or immoral purposes to the email addresses provided.

10.2. Unsolicited e-mails to Trade Innovation Services Private Limited will not be considered confidential, may be disclosed to others, may not receive a response, and do not create a lawyer-client relationship with Trade Innovation Services Private Limited.

11. Exercise of rights

11.1. Our rights under these terms of use and other pages of the Legal Notices:

• may be exercised as often as necessary;
• are cumulative and not exclusive of rights or remedies provided by law; and
• may be waived only in writing and specifically.

11.2. Delay in the exercise or non-exercise of any such right is not a waiver of that right.

11.3. A failure by you or us to enforce a provision of the Legal Notices or a breach of a provision by the other or default by the other in performing a provision does not constitute a waiver and does not prevent you or us from subsequently enforcing that provision or from acting on such breach or a subsequent breach of the provision by the other party or default by the other party in performing that provision.

12. Invalidity

12.1. If a provision of these terms of use or of another page of the Legal Notices is or becomes illegal, invalid, or unenforceable in any jurisdiction, that does not affect:

• the legality, validity or enforceability in that jurisdiction of any other provision of these terms of use or of another page of the Legal Notices; or
• the legality, validity, or enforceability in other jurisdictions of that or any other provision of these terms of use or of another page of the Legal Notices.

13. No partnership or agency

Nothing in the Legal Notices is to be taken to constitute a partnership between you and us, nor constitute either of you or us the agent of the other for any purpose.