OUR Terms and Conditions of Service
These general terms and conditions of service (hereinafter the " General Terms and Conditions" ) are established in accordance with Law No. 71-1130 of December 31, 1971, as amended, and Decree No. 91-1197 of November 27, 1991, as amended. Their purpose is to define the terms and conditions under which JABERSON, a simplified joint-stock company (RCS Marseille 827 726 993), with its registered office at 1 rue de la République in Marseille (13002), or JABERSON Avignon, a limited liability professional services company (RCS Avignon 833 578 180) with its registered office at 249 rue Jean Dausset in Avignon (84140) (hereinafter " JABERSON" ) provides legal services (hereinafter the " Services" ) to its clients, who are natural or legal persons (hereinafter the " Client(s)" ).
ARTICLE 1: SCOPE OF APPLICATION
The Services offered by JABERSON as part of its business give rise to the preparation of a quote, a letter of engagement, a fee agreement, or a written exchange between the Parties, based on the needs expressed by the Client hereinafter the " Quote" ). The Quote specifies, in particular, the description, nature, quantity (where applicable) and price of the Services.
As the General Terms and Conditions are communicated to Client the Quote, the Client signature of the Quote Client full and complete acceptance of the General Terms and Conditions in force.
The General Terms and Conditions, together with the Quote, form the contractual terms and conditions (hereinafter the " Contract" ) governing the relationship between JABERSON and the Client hereinafter the " Parties" ). They prevail over any other general or specific terms and conditions not expressly accepted in writing by JABERSON.
JABERSON reserves the right to modify its General Terms and Conditions at any time. In this case, the applicable General Terms and Conditions will be those in force on the date of signature of the Quote.
ARTICLE 2: OBLIGATIONS OF THE PARTIES
The Services provided by JABERSON are defined in the Quote.
JABERSON undertakes to make every effort to perform the Services with professionalism and diligence.
For its part, the Client to cooperate with JABERSON by providing all the information and documents necessary for the performance of the Services.
JABERSON shall in no event be held liable for errors of judgment arising from insufficient information provided by the Client, the discovery of unknown factors, or the concealment of information useful for the proper assessment of the situation, despite the exercise of normal diligence.
The Services are intended exclusively for Client (or their legal representative). They may not be communicated to third parties without the express authorization of JABERSON.
The relationship between JABERSON and its Client based on mutual trust. To ensure the effectiveness of JABERSON's Services, the Client to disclose without restriction all information relating to the issues submitted and to provide all relevant documents.
JABERSON undertakes to maintain Client strictest independence with regard to Client . If, for ethical reasons, JABERSON is unable to accept or continue certain assignments, JABERSON shall inform the Client without delay, and such withdrawal shall not give rise to any award of damages.
ARTICLE 3: LIABILITY
Assistance provided to Client based on texts, case law, and doctrine published on the date of consultation with JABERSON.
After completion of its Services, JABERSON shall have no obligation to provide information in the event of changes in legislation or case law.
Any action or claim relating to the Services provided by JABERSON under these General Terms and Conditions shall be time-barred within five (5) years of completion of the Services, as formalized by a letter or email confirming the end of the assignment.
JABERSON accepts no liability for any consequences that may result from the cessation of its services due to non-payment of its invoices by the due date.
ARTICLE 4: CLIENT PARTICIPATION
The Client to:
a) Prepare all documents (originals and photocopies) that JABERSON may request for the performance of the Services;
b) Send the said documents in a timely manner so as to comply with legal deadlines and regulations;
c) Initial, sign, and, where applicable, send to the designated persons all documents drawn up in connection with the Services, in accordance with the explanatory note or instructions provided by JABERSON;
d) Pay the fees, costs, expenses, and disbursements relating to the Services on time in accordance with the information on the Quote or invoice and/or not to object to the payment of fees by direct debit (SEPA mandate). In addition, the Client expressly Client that communications with JABERSON may be made by email.
ARTICLE 5: DEFINITIONS
Fees:
Fees are the amount paid by the Client JABERSON in accordance with the Quote. Fees, costs, expenses, and disbursements incurred by external parties are not included in JABERSON's fees.
Expenses:
These correspond to the expenses incurred by JABERSON in the performance of the Services, in particular: travel expenses, any accommodation expenses (meals/lodging), expenses of third parties (in particular: legal representation or correspondence outside the courts of Marseille, judicial officers, experts, mediators or conciliators, or more generally various legal representatives). They are added to the Fees.
Disbursements:
These correspond to expenses incurred on behalf of Client, for example registration fees, court and formalities center fees, legal notices, enrollment fees, fees related to the intervention of court officers, tax stamps and other taxes and/or pleading fees, etc. JABERSON may request an advance payment or may invite the Client pay the invoices of third-party service providers directly. Fees and disbursements are added to the fees.
ARTICLE 6: COMMON RULES GOVERNING FEES
The Fees agreed in the Quote apply strictly to the Services defined in the Quote. Where applicable, JABERSON may send the Client detailed list of time spent.
Unless otherwise agreed, JABERSON will only commence its Services after receipt of the advance payment on fees agreed with the client. The amount of the advance payment, including tax, is indicated, where applicable, at the end of the Quote. If the reasonably foreseeable work is likely to exceed the amount of the advance payments requested from the Client, JABERSON may request one or more additional advance payments on fees, payable upon receipt. Where applicable, once the work performed reaches or exceeds the amount of the retainer fees requested, an adjustment invoice shall be issued based on the actual number of hours spent on the assignment, less the retainer fee(s) requested.
Where applicable, if the flat rate specified in the Quote is exceeded, the Services performed as part of the assignment requested by the Client invoiced in accordance with the hourly rate mentioned in the Quote or, failing that, at JABERSON's average hourly rate.
Any new Services requested by the Client subject to an additional Quote, or, in accordance with the Quote, may be invoiced on the basis of the hourly rate indicated in the Quote. Fees and expenses, plus VAT, are payable within the time limits indicated in the Quote and invoices and, failing that, thirty days from receipt of the invoice.
Failure to pay invoices when due or rejection of a direct debit for deposits, fees, costs, or expenses shall result, unless otherwise agreed, in the suspension of all work to be performed by JABERSON. JABERSON hereby draws Client attention Client the potentially irreparable consequences (particularly procedural) of such a suspension.
In addition, any amount not paid by the due date shall bear interest at the rate applied by the European Central Bank to its most recent refinancing operation plus ten (10) percentage points, as well as the application of a fixed compensation for recovery costs of €40 per unpaid invoice, in accordance with Article D. 441-5 of the French Commercial Code, in addition to any bank rejection fees in the context of a SEPA direct debit.
ARTICLE 7: COMPLETION OF THE ASSIGNMENT
7.1. The Contract shall terminate upon completion of the Services by JABERSON and payment of any outstanding amounts owed by the Client. Client shall be notified of the completion of the assignment Client any means (including by regular mail or email to the addresses known to JABERSON's usual contact person(s) in connection with the Services
In the event of a dispute between JABERSON and the Client the performance of the Contract, the Parties may terminate it by mutual agreement.
7.3. In the event of JABERSON's withdrawal from the assignment and if there remains a dispute over the amount of fees still owed to it, JABERSON and the Client to refer the matter to the President of the Marseille or Avignon Bar Association, as applicable, who will decide on the amount that the Client provisionally deposit during the fee arbitration procedure.
7.3.1. If a contingency fee has been agreed, a distinction must be made between (i) cases where the fee will remain definitively payable in full to JABERSON in the event of success in the proceedings, even after the case has been withdrawn from its jurisdiction, provided that the result has been obtained thanks to the essential arguments developed by JABERSON in legal documents or any other medium sent to Client the opposing party, and (ii) other cases where the contingency fee cannot be invoiced, in which case the fee for time spent will apply, and the hourly rate will be that in force on the date of signature of the Estimate.
7.3.2. If fees relating to (i) a study and/or engineering assignment and (ii) the performance of the operations recommended in said assignment have been agreed, they shall remain definitively payable in full to JABERSON in the event of implementation of JABERSON's recommendations, even after its withdrawal from the project, provided that the implementation is carried out by a third party to JABERSON on the basis of the essential arguments and recommendations developed by JABERSON in any material sent to Client.
7.3.3. If, during the performance of the Services, the Client unilaterally Client to terminate the Contract for any reason whatsoever, JABERSON reserves the right to invoice the fees corresponding to the time spent up to the date of termination of the Contract, plus thirty percent (30%) within the limit of the total amount provided for in the Quote.
7.4. For Services for which payment is due upon completion of the transaction ("closing"), it is expressly agreed between the Parties that if the transaction is ultimately not completed, JABERSON will invoice for the Services performed on a time-spent basis, plus fifteen percent (15%), up to the amount specified in the Quote. The fees shall be payable upon official announcement of the non-completion of the transaction.
ARTICLE 8: SETTLEMENT OF DISPUTES
In the event of a dispute relating to the interpretation, performance, or termination of this Agreement, the most diligent Party may refer the matter to the President of the relevant Bar Association in accordance with the legislation in force on the date of the dispute.
In accordance with the provisions of Articles L. 612-1 et seq. of the French Consumer Code, Client are consumers may refer the matter free of charge to the Consumer Ombudsman at the French National Bar Council (CNB), whose contact details are as follows:
CNB - Consumer Mediator
180 Boulevard Haussmann
75008 PARIS
mediateur@mediateur-consommation-avocat.fr
https://mediateur-consommation-avocat.fr
ARTICLE 9: PERSONAL DATA
The data collected in connection with the performance of the Contract is processed electronically for the purpose of responding to Customer requests and, more generally, for the purposes of processing and monitoring files, invoicing and collection, and setting fees.
The data is also processed for JABERSON's prospecting and marketing purposes. The data collected from Client is Client passed on to commercial or advertising entities.
The data controller for personal data is JABERSON, domiciled at the above address.
The data is kept only for the time necessary for the purposes pursued, in accordance with the legal or professional requirements applicable to JABERSON.
Personal data is processed in JABERSON's "customer relations" management software, which is mentioned in the processing register.
For legitimate reasons, the Client object to the processing of data concerning them. However, Client attention Client drawn to the fact that failure to provide all relevant information may prevent JABERSON from processing their request or delay its processing.
All Client natural Client have the right to information, access, objection, rectification, erasure, restriction of processing, deletion, and portability of information concerning them that they communicate in the context of the performance of the Services, which they may exercise by writing to the following address: contact@jaberson-avocats.com