Basic Conditions of the Agreement with Client
1. General Provisions
1.1. These basic conditions (hereinafter referred to as the Basic Conditions) are an integral part of the Agreement between the Law Office and the Client. The Basic Conditions are not considered as standard terms and have been formulated solely for the purpose of easier handling of the Agreement. The Parties confirm that all the Basic Conditions have been negotiated between the Parties and agreed upon freely, and both Parties had the opportunity to influence the content of the provisions.
2. Object of the Agreement
2.1. The content of the legal services is the provision of legal services only in the frames of the task agreed upon with the Client in the Special Conditions. The Client authorizes the Law Office during the provision of legal services to examine the materials of the case, draft legal documents, hold negotiations, accept money, things and securities on behalf of the Client and in order to deliver to the Client, as well as represent the Client in court, authorities and in front of third parties. It is assumed that the powers of the Law Office and the attorney providing the legal services are not limited, unless the Client has notified in writing of the wish to limit the authorization. If necessary, the Client will issue a separate Power of Attorney to the Law Office for the provision of legal services. The intellectual property of the works performed within the scope of the task remains to the Law Office.
2.2. If the attorney providing the legal services is not able to perform the Agreement for good reason, the Client, upon signing this Agreement, shall give consent to the appointment of another attorney by the Law Office who shall replace the current one.
2.3. All rights and obligations established for the attorney providing legal service in the Agreement shall also apply to the Law Office and vice versa, provided that it does not conflict with the nature of these rights and obligations.
2.4. The legal services are provided by the sworn advocate independently, the advocate shall provide the legal services under the direction of the patron. If necessary, the Law Office has the right to use the help of the other attorneys of the Law Office, whose activities are under the responsibility of the Law Office. Lawyers of the Law Office who are not members of the Estonian Bar Association do not independently provide legal service through the Law Office, but assist the Law Office in providing legal service under the guidance of an attorney providing the legal service. Persons involved in the performance of the tasks shall be subject to the same terms and conditions as the Parties have agreed for the Law Office (for example, disclosure of the materials of the Client's case), provided that the persons involved do not independently provide legal service.
2.5. If the Client gives new instructions to the Law Office and the Law Office accepts the work without concluding a new Agreement, it is assumed that the terms and conditions of the Agreement, which has already been concluded, extend to the provision of legal services.
3. Fee Paid for Legal Services
3.1. The Client undertakes to pay to the Law Office as follows: for every hour spent on the fulfillment of each task, including time on the road for completion of the task, the fee shall be paid in accordance with the terms and conditions agreed upon in the Special Conditions. The minimum unit of time worked is six minutes, less time than six minutes shall be rounded up for six minutes. The billing period is one month. At the request of the Client, the third party pays for the provision of legal services, but the Client is jointly and severally liable for non-payment of the invoice. Initial proposals submitted at the request of the Client for the total amount of the Fee are given only as an expected cost, based on circumstances known at the time to the Law Office and are not considered final and binding proposals unless otherwise agreed by the Parties. The Law Office has the right to take an additional fee in accordance with the terms agreed in the Special Conditions or separately agreed with the Client for the execution of tasks which the Client wishes to accomplish after the agreed task or which exceed the scope of the agreed task.
3.2. If the Law Office does not provide legal services directly, but is engaged with the provision of legal services to the Client and such engagement is indispensable for the provision of legal services (for example, a reasonable driving time and waiting time), then the Law Office may file an invoice for such time on same conditions as on the time spent on the provision of legal service. For avoidance of doubt, the Parties have agreed that the fee will also be charged for the time spent on telephone calls related to work tasks, including calls to the Client, the Client's other advisers, or counterparty advisers.
3.3. The Fee provided for in clause 3.1 of the Agreement does not include the working time of a technical worker who has been engaged in the representation of the Client or other expenses incurred in the course of providing legal services (for example, state fees, notarial fees and other fees and costs paid on behalf of the Client, preparation of relevant extracts, inquiries and copies, communications and paper costs, translation costs, and specialist assistance, transport costs, accommodation costs, costs of using technical resources, etc.). Additional expenses incurred in provision of legal services are reimbursed by the Client on the basis of the invoice submitted for them. For the aforementioned expenses and the services offered by third parties and intermediated by the Law Office, the Law Office has the right to add the Fee of Law Office's in the amount of 5 (five) % of each corresponding cost. The fees of subcontracting or consulting ordered from third parties on the Client's consent by the Law Office shall be paid by the Client through the Law Office on the basis of the corresponding invoice.
3.4. The Client undertakes to pay the invoice for the provided legal services within seven (7) days as of the submission of the invoice. In case of breach of obligation of due payment of the invoice submitted by the Law Office the Law Office has the right to suspend the provision of legal services, to charge the Client a fine of 0.1% of the outstanding amount per day, and to hold documents and other assets, prepared in the frames of the Client’s task and assigned by the Client to the Law Office, until the full payment of the invoice by the Client.
3.5. In the event of a litigation, the Client may recover part of the costs for legal assistance from the counterparty/counterparties, but in the case of a judgment made against the Client, the counterparty/counterparties may recover the costs for legal assistance from the Client.
3.6. The Law Office has the right to demand from the Client an advance payment to a reasonable extent prior to provision of legal services for the Fee and expenses to be reimbursed.
3.7. The Law Office has the right to set off the amounts subject for payment pursuant to the invoice submitted to the Client by the Law Office against the means to be transferred to the Client and accepted on behalf of the Client.
3.8. The Law Office has the right to transfer the claims related to the payment of invoices to third parties providing the services for the collection of claims, and the Client agrees with the disclosure of information and documents by the Law Office to third parties for the purpose of debt recovery. The Client undertakes to reimburse any expenses related to the collection of claims arising from invoices.
3.9. The Law Office has the right to unilaterally amend the hourly fee indicated in clause 3.1 of the Agreement by notifying the Client about the change in hourly fee in advance at least one calendar month in the format that can be reproduced in writing before or during the provision of the legal service. In addition, the Law Office has the right to change the Fee if the circumstances underlying the conclusion of the Agreement change or if the legal services agreed in the Agreement prove to be considerably more complicated and more substantial than the Law Office and the Client could have foreseen at the conclusion of the Agreement. If the Client does not agree to pay the Fee different from the Fee specified in clause 3.1 of the Agreement or from the hourly fee for the legal services agreed upon later between the Law Office and the Client, each Party shall have the right to terminate the Agreement.
4. Rights and Obligations of the Parties
4.1. The Law Office is obliged:
4.1.1. to provide legal services in the best interests of the Client, in accordance with applicable laws (including Bar Association Act), laws and decisions of Bar Association bodies, rules of professional ethics of the attorney (including the Code of Ethics) and good customs;
4.1.2. to offer the Client legal services with the necessary diligence and at the level of his generally recognized professional skills, in accordance with his knowledge and best practice, but the Law Office does not ensure the full satisfaction of the final result of the services provided to the Client's expectations;
4.1.3. to provide information on the provision of legal services at the request of the Client and to inform the Client of material circumstances;
4.1.4. to keep the information regarding the Client that the Law Office has become aware of during the performance of the Agreement as secret (including the amount of the Fee paid for the legal service), except in case the disclosure of the information of the Client takes place on Client’s consent, disclosure of information is expressly provided for by law, disclosure of information relates to the payment of legal fees and the collection of costs by the Law Office, or notification of the amount of the legal fee to the court for the settlement of procedural costs, in addition to other cases provided by law;
4.1.5. after completing the task, giving up the task, canceling the Agreement or at the request of the Client during the execution of the assignment, if the nature of the assignment allows, to return to the Client the original documents before the task is completed, all original documents, unless the Law Office carries out the right of lien pursuant to the legislation or if the original documents have been submitted to the court file.
4.2. The Law Office has the right to disclose to third parties the fact that the Client is the Client of the Law Office, in which cases/projects the Law Office has advised the Client and the general nature of the services provided to the Client, also, the Client permits the Law Office to use Client's name, logo and other references to disclosed transactions and projects that have taken place on Law Office’s advising in the marketing materials of the Law Office in accordance with the public marketing rules. However, the Law Office undertakes not to disclose the details of the respective affairs/projects, unless they have been previously disclosed or if the Client has given his/her consent.
4.3. The Law Office has the right, without the separate consent of the Client, to disclose confidential information and documents related to the Client to third parties (including notaries, interpreters, banks, state agencies), if this is necessary for the provision of legal services and tasks, and is related to it or if the corresponding obligation arises from the law.
4.4. The Law Office is not required to correct or supplement the information and opinions provided to the Client or to amend or complete the documents drawn up by the Law Office in connection with the amendment or invalidation of the law, the development of the case law or any other changes in the circumstances after the performance of the tasks.
4.5. Unless otherwise provided by the Client, the Law Office may take the necessary and recommended measures to perform the task and make reasonable financial expenses on behalf of the Client.
4.6. The Law Office shall, in relation to the provision of legal services to the Client, keep a file containing documents related to the provision of legal services. Documents and other data mediums may be kept and maintained in electronic form. The Law Office is required to keep the materials of the Client's case separate from other documents and materials and to ensure their preservation and confidentiality during the validity period of the client relationship.
4.7. The Client is obliged:
4.7.1. to provide the Law Office with the information necessary for the provision of the legal services specified in clause 2.1 of the Agreement, including timely and correct information, provide the relevant and necessary documents to the Law Office, forward the positions necessary for the provision of legal services, cooperate with the Law Office, inform the Law Office about all relevant and necessary circumstances for provision of legal services, provide comprehensive assistance in completing the task;
4.7.2. if necessary, to issue a Power of Attorney for the attorney providing legal services or Law Office (with the right of sub-delegation) to provide the legal services;
4.7.3. to pay for legal services in accordance with the Agreement;
4.7.4. to be honest with the Law Office, to keep the Law Office informed of the relevant events at its own initiative, to inform about the changes in their address, registry data and means of communication, and to follow the terms of this Agreement;
4.7.5. to ensure the confidentiality of information related to this Agreement and the legal services (incl. the Fee);
4.7.6. to destroy the work reports submitted by the Law Office after examining them in order to prevent third parties from accessing confidential information;
4.7.7. to provide the Law Office with all information requested by the Law Office, which is required by the Law Office for the fulfillment of obligations arising from the Money Laundering and Terrorist Financing Prevention Act;
4.7.8. to accept the materials returned by the Law Office (including original documents);
4.7.9. to compensate the Law Office for any additional expenses incurred by the Law Office in connection with the collection of amounts not paid by the Client in due time.
4.8. If the deadline is set for the fulfillment of the task, the Client undertakes to fulfill the obligation to provide the information necessary for the provision of legal services at least three (3) working days before the due date for the fulfillment of the task. If the Client does not comply with this obligation in a timely manner, the legal services are deemed to be duly provided by the Law Office.
5. Client Data and Prevention of Money Laundering and Terrorist Financing
5.1. The Law Office fulfills obligations arising from the Money Laundering and Terrorist Financing Prevention Act and legislation issued on the basis thereof, if the Law Office acts on behalf of and for the account of a Client for financial or real estate transactions, or if the Law Office is instructed in the design or implementation of the transaction or performs an official act relating to:
5.1.1. the purchase or sale of an immovable, business or shares of a company;
5.1.2. the management of a Client's money, securities or other property;
5.1.3. the opening or administering of payment accounts, deposit accounts or securities accounts;
5.1.4. the acquisition of funds required for the foundation, operation or management of a company;
5.1.5. the foundation, operation or management of a trust, company, foundation or legal arrangement.
5.2. According to the Money Laundering and Terrorist Financing Prevention Act, the Law Office is required to identify the identity of the Client or the person participating in the transaction, the identity of the persons representing the Client, the identity of the persons acting on behalf of the Client and the final beneficial owners, to obtain information about the business relationship and the purpose and nature of the transaction, and to implement continuous monitoring of the business relationship. In certain cases, the Law Office has an obligation to determine the origin of the Client's assets.
5.3. The Law Office may have the obligation to refuse to execute the Client's task or to suspend execution thereof and inform the authorities if the Client does not provide the required information or if the transaction is suspicious according to the legislation (incl. unusual compared to previously known transactions) or according to the legislation there is a reason to suspect the use of assets for money laundering or terrorist financing.
5.4. Despite the fact that the Law Office has a statutory obligation not to disclose information about the Client and the legal services provided to him, the Law Office may, pursuant to the Money Laundering and Terrorist Financing Prevention Act, be obliged to inform the authorities of transactions in which a certain financial amount is exceeded, regardless of whether such transaction has been performed in one payment or several interrelated payments, or if the Law Office becomes aware or the Law Office has a reason to suspect that a particular transaction on behalf of the Client may be related to money laundering or terrorist financing. If the Law Office has an obligation to notify about money laundering, the Law Office may not be able to inform the Client of the abovementioned notification or the reasons for it.
5.5. In certain cases, the Law Office must forward the Client's VAT identification number and an information about the cost of services purchased by the Client to the Tax and Customs Board.
6. Electronic Communication
6.1. The Client agrees to exchange data through electronic channels (including the Internet). The Client confirms that is aware of the risks associated with the use of electronic communications (e.g., messages may be delayed or lost, confidential and personal information may be intentionally or unwittingly altered, stolen or disclosed to third parties). The Law Office will take reasonable measures to prevent the risks associated with the use of electronic communications, but will not be liable for such risks.
6.2. The electronic communications security measures of the Law Office may block the Client’s e-mail. Therefore, if the Client has not received confirmation from the Law Office about receipt of the e-mail no later than the next working day after sending the e-mail, the Law Office recommends that the Client check the receipt of important e-mails by phone.
7. Personal Data
7.1. By signing this Agreement, the Client gives consent to the processing of his or her personal data in accordance with the conditions provided for in this Agreement and legislation. The Client confirms that the Client has been informed about the conditions for the processing of personal data applied by the Law Office, including the legal basis and objectives of the processing of personal data, as well as the period of storage of personal data and the Client's rights regarding the processing of personal data and other information provided by legislation. The Client is aware that the Client has the right to withdraw his consent to the processing of personal data at any time; the Client also has the right to withdraw the consent to the processing of personal data for marketing purposes only.
7.2. The Law Office processes, also collects, uses and stores personal data of the Client and the persons directly related to the Client and other persons in accordance with the requirements of this Chapter, the professional obligations and requirements of the Law Office and data protection legislation, including the General Data Protection Regulation (2016/679) (GDPR).
7.3. As regards the processing of personal data provided for in this Chapter, the Law Office is considered to be the controller.
7.4. The Law Office processes personal data primarily in the Republic of Estonia. The transfer of personal data to other Member States of the European Union will be carried out in accordance with the requirements provided by law.
7.5. The Law Office processes personal data (incl. special categories of personal data) which the Client has forwarded to the Law Office and personal data (incl. special categories of personal data) collected by the Law Office independently for the performance of the Agreement and the provision of legal services.
7.6. The Law Office processes personal data for the performance of the following principles and objectives:
7.6.1. performance of the Agreement and provision of legal services and Client relationship management, including all necessary operations for the performance of the Agreement and Client relationship management;
7.6.2. performance of all activities related to previous and future clients of the Law Office;
7.6.3. marketing organization;
7.6.4. compliance with the requirements and obligations for the Law Office arising from legal acts.
7.7. The Law Office processes personal data on the following grounds:
7.7.1. Client's consent;
7.7.2. performance of the Agreement concluded with the Client;
7.7.3. The legitimate interest of the Law Office in relation to the activities necessary for the provision of professional legal services in particular;
7.7.4. laws and other legislation.
7.8. The Law Office shall keep personal data for the time necessary to complete the purposes specified in this Agreement, in particular the time required for the performance of the Agreement and the provision of legal services, and thereafter as necessary to protect the rights of the Law Office or to fulfill its obligations under law. The Law Office shall record and store all personal data under conditions that comply with the principles and requirements of this Agreement and relevant legislation, including confidentiality and security requirements.
7.9. The Law Office may transfer personal data of Client and other persons related to the Client to third parties, including third parties located in other European Union Member States, if the transmission of data is necessary for the performance of the Agreement entered into with the Client and the provision of legal services or to fulfill the obligations arising from laws and other legal acts of the Law Office. The Law Office will only transmit personal information to third parties to the extent necessary for the performance of their respective duties or obligations. All third parties to whom the Law Office forwards the personal data, must ensure that they comply with the level of care provided for the processing of personal data and implement appropriate technical and organizational measures to ensure the protection of personal data in accordance with the nature of personal data.
7.10. The Client has the following rights:
7.10.1. to receive information about personal data processed by the Law Office and their processing, including information about third parties to whom the Law Office has forwarded personal data;
7.10.2. to demand the immediate rectification of the Client's inaccurate personal data, including the rectification of incomplete personal data;
7.10.3. to demand, in the cases provided by legislation, the erasure of the Client's personal data;
7.10.4. to demand, in the cases provided by legislation, to restrict the processing of personal data of the Client or to file an objection to the processing of personal data;
7.10.5. to receive personal data of the Client in a structured, commonly used and machine-readable format, and the right to transfer this information to another controller without the Law Office hindering it;
7.10.6. to prohibit the processing of personal data relating to the Client for the organization of marketing and the transfer of personal data to third parties who wish to use them for marketing purposes;
7.10.7. to withdraw his/her consent for the processing of personal data. The withdrawal of consent shall not affect the lawfulness of the processing carried out on the consent given prior to the withdrawal of consent, and the withdrawal of consent shall not affect the processing of personal data insofar as processing of personal data is carried out on a different basis.
7.11. The Client undertakes to submit all applications and requirements concerning personal data electronically, digitally signed via e-mail to email@example.com or signed by hand to Pärnu mnt 105, Tallinn, Estonia.
7.12. The Law Office shall observe the principles of the protection of personal data in its activities and shall make every effort to ensure that the processing of personal data, including the collection, transmission and storage of personal data, takes place in such a way as to ensure the security and confidentiality of personal data according to the nature of personal data, including implements appropriate technical and organizational measures to ensure the safe processing of personal data. The Law Office ensures that Law Office staff who in any way deal with personal data have access to personal data only for the purposes of the processing of personal data set out in this Agreement.
7.13. If the Client finds that the Law Office has violated his/her rights in the processing of his/her personal data, the Client has the right to apply to the Law Office for termination of the violation. In addition the Client has the right, at any time, in case of violation of his/her personal data, to turn to the Estonian Data Protection Inspectorate (phone: 627 4135, e-mail: firstname.lastname@example.org) or to another competent data protection authority or competent court.
8.1. At the request of the Client the Law Office shall submit to the Client or to a third party performing Client’s payment obligations together with an invoice for provided services a work report reflecting the time spent on provision of the legal services and additional costs.
9.1. The Law Office is not required to check the accuracy and completeness of the information and materials entrusted to it by the Client. The Law Office is not responsible for the accuracy of the data submitted to it by the Client, nor for the negative consequences of the information received from the Client or the absence of necessary instructions.
9.2. The Law Office is solely liable for direct financial damage caused to the Client due to intent, unless otherwise stipulated by law. The Law Office is not liable for loss of profit, indirect loss or non-material damage. The full range of liability of the Law Office and attorneys at Law Office is limited to the amount paid or payable to the Law Office by the Client for the corresponding legal service. Notwithstanding the above, the total liability of the Law Office and attorneys at Law Office in any situation is limited to 64 000 EUR.
9.3. The claim for damages must be submitted to the Law Office in writing. The Client is obliged to file a claim for damages within 12 months from the moment the legal services are received or when the task or a substantial part thereof can reasonably be considered fulfilled, whichever comes first. If the Client does not file a claim within this period, the Client's right to submit the corresponding claim expires.
9.4. The liability of the Law Office in front of the Client is reduced by insurance or damages that the Client has received under an insurance contract or other agreement, unless this is in conflict with the Client's insurer or an agreement with a third party, or the Client's rights against the insurer or a third party are limited in this case.
9.5. If the claim against the Law Office filed by the Client is based on a claim of a third party (including the public authority) against the Client, the Law Office has the right to respond to the claim, as well as to satisfy such a claim or to agree with the claimant on behalf of the Client if the Law Office compensates the Client for direct damage related to it. If the Client satisfies the claim, concludes a compromise or introduces other measures in respect of such a claim without the consent of the Law Office, the Law Office shall not be liable for this claim. If the Client's claim is satisfied by either the Law Office or the Law Office's insurer, the Client will assign the Law Office or the Law Office’s insurer with the right to recourse against third parties.
9.6. The Law Office is not responsible for the damage caused by the use of advice and documents given to the Client for any purpose other than that for which they were originally prepared.
9.7. The Law Office is not responsible for the service provided by the consultants involved (including audit offices, law offices of other countries, etc.), including the quality of service, the accuracy of the analyzes, assessments, explanations and other information provided by them, as well as the invoices or expenses incurred by them for the services provided by them.
9.8. The Law Office is not responsible for the services and orders of third parties, including the quality of services, etc., used in connection with the performance of the Client's tasks (including notaries, bailiffs, interpreters, etc.).
9.9. In the event of non-compliance of the legal services with the terms of the Agreement, the Client may:
9.9.1. demand fulfillment of the obligation;
9.9.2. refuse to fulfill his/her obligations owed;
9.9.3. claim damages;
9.9.4. withdraw from the Agreement or cancel the Agreement;
9.9.5. lower the price;
9.9.6. in the event of delay in the performance of a financial commitment, demand payment of interest.
10. Validity of Agreement
10.1. The Agreement enters into force upon its signing, in the case of an advance payment agreement, on the day following the day of the timely accrual of the advance payment on the Law Office's account, from which the task specified in clause 2.1 is deemed to be executed, but has retroactive effect to the day the legal services were provided to the Client by Law Office within the frames of legal services specified in this Agreement for the first time. The Agreement is concluded for an indefinite period.
10.2. The Client has the right to cancel the Agreement at any time by informing the Law Office in writing or in a format that can be reproduced in writing at least ten (10) days in advance, having paid all invoices provided by the Law Office. If the Law Office represents the Client in court, the Client is obliged to notify about the cancellation of the Agreement at least thirty (30) days in advance.
10.3. The Law Office has the right, regardless of the stage of performance of the task, to cancel the Agreement at any time, complying with the law and attorney's professional ethics requirements, notifying the Client in writing or in a format that can be reproduced in writing at least ten (10) days in advance.
10.4. The Law Office has the right, on its own initiative, to waive the performance of the task taken under the Agreement and/or to cancel the Agreement without following the notice period for good reason, in particular in a situation where the Law Office cannot reasonably expect to continue the provision of legal services, inter alia if:
10.4.1. there is a conflict of interests in the performance of the Client's task;
10.4.2. the Client fails to comply with or breaches the essential condition of the Agreement (for example, fails to pay the Fee to the Law Office or any expenses incurred in the interest of the Client in due time);
10.4.3. the Client acts in contravention of the instructions of the Law Office or otherwise clearly expresses that he/she has lost confidence in the Law Office or the attorney of the Law Office;
10.4.4. the Client gives the Law Office an instruction that is likely to be harmful to the Client's interests or useless for performing the task, and despite the explanations provided by the Law Office, the Client does not give up their demand for compliance with these instructions;
10.4.5. despite of the repeated reminders of the Law Office, the Client does not submit the information and/or materials necessary for the provision of legal services under the Agreement and consequently the provision of legal services is obstructed or impossible;
10.4.6. the Client does not submit, despite of the Law Office's request, the documents and relevant information required by the Law Office to comply with the requirements for the prevention of money laundering or terrorist financing, or the documents and information provided do not remove the suspicion that the transaction or business relationship may be aimed at money laundering or terrorist financing;
10.4.7. the Law Office identifies the facts indicating money laundering or terrorist financing or in which the Law Office suspects that money laundering or terrorist financing is involved;
10.4.8. the Law Office and the Client do not agree on the amendment of the Fee for legal services.
10.5. The Law Office is required to refuse to perform the task specified in the Agreement and cancel the Agreement if the Client:
10.5.1. falsifies the evidence and the Law Office is aware of the falsification of the evidence;
10.5.2. despite the Law Office's explanation, insists that the Law Office should use means or ways in contradiction to the law to protect the interests of the Client;
10.5.3. calls for the Law Office to act in a way that is not in accordance with the honor and dignity of the attorney or with the requirements of professional ethics.
10.6. The waiver of the provision of legal services and the termination of the Agreement retains the Law Office’s right to Fee and reimbursement of expenses incurred for the legal services already provided. In the case of waiver of legal services and termination of the Agreement, the deadline for payment of all outstanding invoices is deemed to have arrived and is subject to immediate payment.
11. Applicable Law and Dispute Settlement
11.1. The Agreement is governed by Estonian law.
11.2. If the Client has any complaints about the activities of the attorney providing the legal service, he/she has the right to file a complaint with the Law Office. The complaint must clearly indicate the description of the violated rights of the Client and the circumstances of the violation. The complaint must be accompanied by evidence of violation of the rights of the Client.
11.3. In conciliation procedure, the Court of Honor of the Bar Association resolves issues related to the attorney’s fee disputed by the Client and matters related to reasonableness of claims of legal service’s fee.
11.4. The Parties shall try to resolve the disputes arising from the Agreement by means of negotiations. If the dispute cannot be resolved through negotiations between the Parties, the dispute shall be resolved at the first instance in the Harju County Court.
12. Final Provisions
12.1. The Agreement contains all the agreements between the Parties concerning the Object of the Agreement and all terms of the Agreement and, as from the entry into force, replaces all previous oral and written statements of intentions and agreements between the Parties concerning the same Object of the Agreement.
12.2. The delay in performing any right or obligation arising from the Agreement does not imply a waiver of such a right or release of the fulfillment of such a obligation, the individual or partial exercise of any right or performance of a right does not preclude any further exercise of the right in question or subsequent exercise of the corresponding right unless otherwise provided in the Agreement or its context.
12.3. If any provision of the Agreement proves to be invalid in whole or in part, it will not affect the validity of the provisions of the whole Agreement and the rest of the Agreement, unless, as a result of the invalidity of a specific provision, the Parties lose interest in the performance of the Agreement or if the invalid provision entails such a substantial change that the continued existence of other provisions of the Agreement would be manifestly unreasonable. Upon invalidity of the provision of the Agreement, the Parties shall make best efforts to replace the invalid provision by a provision which is in accordance with the law applicable to the Agreement and as far as possible corresponds to the original will of the Parties.