Terms of Use

 

These terms of use (hereinafter referred to as „Terms of Use“) are related to any legal services provided by law office Dagital Legal, s.r.o., with registered seat at Nové Záhrady I/9, 821 05 Bratislava – mestská časť Ružinov, Slovak Republic, Company ID IČO: 50 881 761, registered in the Commercial Registry kept by Bratislava  I District Court under section Sro, insert n. 119339/B and in list of persons authorized to provide legal services kept by Slovak bar association, Tax no. (DIČ): 2120509853, VAT ID (IČ DPH): SK2120509853 (hereinafter referred to as „we“ or „us“ or „Law office“).

 

  1. Definitions and introductory provisions
    1. Definitions. For the purposes of Terms of Use: 
      GDPR“ means regulation n. 679/2016 general data protection regulation;
      GDPR modules“ mean set of legal documentation for adherence of compliance with GDPR together with instructions to use delivered by Law office to a client via Website;
      Client“ means natural or legal person using legal services as provisioned in Terms of Use; 
      Licensing agreement“ means licensing agreement of Law office for using documentation available at 
      www.dagital.eu/licence
      Commercial code“ means act n. 513/1991 Coll. Commercial code as amended; 
      Advocacy Act“ means act n. 586/2003 Coll.  on the Legal Profession and on Amending Act No. 455/1991 Coll. on the Business and Self Employment Services (Business Licensing Act);
      Act on Electronic communications“ means act n. 351/2011 Coll, on electronic communications as amended;
      Data Protection Act“ means act n. 18/2018 Coll on protection of personal data; 
      Parties“ mean jointly Law office and Client, each separately as „Party“; 
      Website“ means website of Law office www.dagital.eu including sections and sub-sections.
    2. Scope. This License terms apply to any client, potential client, anyone who violates them, helps to violate them to others and anyone who is familiar with the intellectual property of the Law office, regardless of whether the person has accepted the Terms of use or not. To resolve doubts, the fact that these license terms are applied at the same time as the Terms of use does not mean that they cannot be applied separately without the Terms of use. Anyone who accepts Terms of use automatically accepts these license terms. Additionally, these license terms apply to anyone who uses the intellectual property of the Law office or violates these License terms.
    3. Acceptance of Terms of Use. Client accepts and is bound by Terms of Use:
      a) by signing a written contract for the provision of legal services, which refers to Terms of Use;
      b) by explicitly accepting Terms of Use when placing an order for provision of legal services through the Website;
      c) by accepting an offer of legal services by the Law office, which refers to Terms of Use (including email);
      d) visiting and using Website (only insofar as it relates to the use of Website);
      e) in another way, which clearly indicates the Client's commitment to comply with Terms of Use.
    4. Subject-matter of Terms of Use. The subject of these Terms of Use is to regulate the mutual rights and obligations of the Parties in providing the legal services of the Law office, regardless of whether they are performed via the Website or not. In the event of a conflict between Terms of Use and a separate legal service contract concluded between the Parties, the contract shall prevail. The subject of these Terms of Use are also other specific arrangements between the Parties relating in particular to the use of Website, documents and the intellectual property of the Law office.
    5. Contact. General contact information of Law office: info@dagital.eu, 0911 195 133, Dagital Legal, s.r.o., Nové Záhrady I/9, 821 05 Bratislava – mestská časť Ružinov, Slovak Republic. Parties are obliged to notify each other of the change of contact data, while the original contact information is valid until the new contact details are communicated. Until such change in contact details is notified to the other Party, the other Party may use the original contact details for any communication (whether written or electronic) hereof which is deemed delivered to the breaching Party even if returned as not delivered.
    6. Oversight. The authority conducting oversight over the course of providing legal services is Slovak bar association, Kolárska 4, 813 42 Bratislava (www.sak.sk). In terms of processing of personal data, the relevant data protection authority is Office for the Protection of Personal Data of the Slovak Republic, Hraničná 12, 820 07 Bratislava 27, Slovak Republic (www.dataprotection.gov.sk). In terms of consumer rights and e-commerce the relevant oversight authority is Slovak commercial inspection, P. O. BOX 29, Prievozská 32, 827 99 Bratislava (www.soi.sk).
  2. Legal services
    1. Compliance with legislation. Law office provides legal services in accordance with the Advocacy Act and bylaws of the Slovak Bar Association, and in particular with Code of Advocacy.
    2. Representation. Law office is entitled to be represented by another lawyer, associate or employee of Law office, under the authority of Law office and the representation must not be against the will of the Client. The Client expressly agrees that the Law office may, under its authority, be able to be represented by the persons listed on Website.
    3. Insurance. Law office is insured for liability for damage that might arise in the provision of legal services with a limit of at least € 1,500,000. The provision of services other than legal services is not covered by Law office's liability for damage incurred.
    4. Language. Legal services, Terms of Use or a separate legal service contract are offered to the Client in Slovak or English language.
    5. Other services. Terms of Use also applies to any other than legal services provided by Law office. Should it be shown that the legal services provided by the Office are not legal services, the Parties agree to apply Terms of Use to the services in question in full.
  3. Fee & Billing
    1. Fee. The renumeration of the Law office for legal services provided to the Client is agreed between the Parties, in particular in a separate legal service contract, in the form of acceptance of Law office offer (including email acceptance) or by reference to the price offer provided on the Website. The Law office is entitled to request a reasonable advance from the remuneration.
    2. Maturity & Billing. General Law office's maturity of remuneration is 15 days unless otherwise agreed by the Parties in a separate agreement or unless otherwise specified in Terms of Use in relation to GDPR modules. Legal services of Law office are invoiced on a monthly basis unless the Parties have agreed otherwise or unless otherwise stated in Terms of Use. If the Parties agree on monthly invoicing, the basis of each invoice is a detailed timesheet of the time spent in the format: day, time, and a detailed description of the legal services provided. This data is recorded by the Law office on a daily basis and is available at any time on Client´s request. If Parties have agreed on a fixed fee, Law office spends time on the assignment and does not record precise time spent on provision of legal service. Any billing under Terms of Use or License Terms is solely in electronic form.
    3. Other costs. The fee includes all the costs of the Law office related to the provision of legal services in addition to the actual expenses and compensation for the loss of time in the sense of Decree no. 655/2004 Coll. Of the Ministry of Justice on the remuneration and compensation of lawyers for the provision of legal services. Flat-rate costs of telecommunication expenses represent 3 percent of the total annual remuneration paid by the Client to Law office including VAT, and the Law office is entitled to charge these costs retrospectively for the entire calendar year.
    4. Tariff rewards. In the absence of an expressly agreed legal service contract between Parties, the Parties have agreed to an hourly fee for legal services of EUR 150 without VAT payable monthly with a maturity of 15 days or at the tariff reward of a lawyer with the same maturity, whatever is higher.
  4. Rights and obligations of Parties
    1. Terms of Use and Licensing agreement. The Client is obliged to comply with Terms of Use, a special agreement with Law office and the Licensing agreement. In the event of a violation of Terms of Use, contract, or Licensing agreement, the Client is required to notify the Law office without delay. The provision of legal services by Law office is never subject to the general business or other conditions of the Client or a third party.
    2. Confidentiality. Law office is obliged to maintain confidentiality about the facts which it has learned in connection with the practice of advocacy under Section 23 of Advocacy Act. The duty of confidentiality does not apply to the case of a lawful obligation to contravene commission of a crime or leave a reference to Law office within the meaning of the following point. The duty of confidentiality applies to all persons employed by Law office for the provision of legal services (employees, advisers, co-operating lawyers, clerks, etc.). The duty of confidentiality persists even after any Termination (as defined below).
    3. References. It is common practice for law firms to provide basic information about clients and the content of legal advice in general for the purposes of national or international law firm ratings, such as references to their own website, marketing materials, or offers of legal services. The Client agrees that Law office will disclose the following information about the Client in connection with provision of legal services. Law office commits itself to proceed with the use of references in a way that will not disclose any sensitive information about the Client and the content of legal advice. This point applies to Clients who are only provided with GDPR modules by Law office. Law office may not use a reference if it would be detrimental to the Client's interests. Example of the general reference format used by Law office:

      “Business name of Client / Client´s Group – provision of legal services in the area of data protection including provision of gap analysis of compliance with GDPR together with standard documentation.“

    4. Liability for damage. Law office shall be liable to the Client for any damage caused by the provision of legal services under Section 26 of Advocacy Act. Client is responsible to Law office in particular for damage caused by breach of the Licensing agreement.
    5. Marketing Materials of Law office. Terms of Use (Licensing agreement) also applies to the use and dissemination of presentations and marketing materials of the Law office which, without the explicit written approval of the Law office, is not entitled to be accessed, disseminated or published to any third party.
  5. Provisions related to GDPR modules
    1. Provisions of (this) section 5 of Terms of Use complements and details other provisions of Terms of Use in relation to GDPR modules. In case of discrepancy provisions of (this) section 5 of Terms of Use shall prevail over other provisions of Terms of Use.
    2. No additional specific contract for the provision of legal services other than Terms of Use is concluded between the Parties when purchasing GDPR modules via the Website. This section 5 of Terms of Use applies only to the purchase of GDPR modules via the Website. In the event that Law office will offer additional template or other legal documentation via the Website, this section 5 of Terms of Use will apply to the maximum extent possible.
    3. Client accepts that documents that are part of the GDPR Modules represent the author's works and know-how in respect of which Law office's property rights are exercised. The use of these documents is subject to the Licensing agreement.
    4. Client is required to enter the correct identification and billing information, including the email address, in the order of GDPR modules. The client has the possibility to check all the filled data before the final order confirmation. If the Client detects errors after submitting an order, Client may request the data to be corrected by sending an email to info@dagital.eu.
    5. The Client is required to enter a real number of employees of his organization or group in the order of the GDPR modules and the real number of persons planning to use the GDPR modules. When entering a real number of persons planning to use GDPR modules, the Client is required to manage and accept any limitations on this number proposed by the Website. The maximum number of Client´s users using the GDPR modules within the same group of undertakings is 20 users. This information is binding and necessary for Law office to be able to monitor the authorized persons of the Client under the Licensing agreement or monitor compliance with Licensing agreement.
    6. Law office is obliged to confirm the Client's order without delay by sending the confirmation email to the email specified by the Client upon ordering.
    7. Law office may at any time refuse to provide GDPR modules to a particular Client, without giving any reason. The reason may be the obligation of Law office under Section 21 of the Advocacy Act or any other reason. If the Client has already made a payment for the GDPR module, Law office is entitled to withdraw from these Terms of Use and to refund the Client even without giving any reason. If the Client has already obtained the documentation within the GDPR module, it is obliged to return the documentation immediately to Law office and to delete any copies of the documentation in such a way that the Licensing agreement is not violated. The Client is obliged to inform the law office by e-mail to  info@dagital.eu about the deletion of documentation.
    8. Legal services via the Website may not be available at any time. The Law office reserves the right to terminate the provision of legal services at any time through the Website.
    9. Parties agree that the remuneration for the GDPR modules will be paid in full before the delivery of the GDPR modules. Upon ordering any GDPR module, the Client is first required to pay and immediately after the funds have been credited to the account of Law office within three business days, Law office is obliged to send an email to the Client with instructions for downloading GDPR modules or the GDPR modules themselves. In case of delay of delivery of GDPR module the Client is obliged to notify the delay by e-mail to info@dagital.eu  and Law office is obliged to make corrective measures without undue delay.
    10. The GDPR module renumeration is determined separately for each GDPR module and is provided on the Website and the Client expressly acknowledges this remuneration in the order. As soon as the remuneration has been credited to the Law office's account, the Law office is obliged to send an electronic invoice to the Client by sending an email to the Client. Any reduction in the price of a particular GDPR module in the future will not affect the amount of remuneration paid for the GDPR module prior to its reduction, and the Client is not entitled to receive a part of the remuneration corresponding to that reduction.
    11. The provision of GDPR modules via the Website constitutes legal services due to Section 2 (2) of the Advocacy Act legal services, among other things, may be considered provision of legal advices, drafting documents on legal acts and other forms of legal advice and legal assistance, if performed on a continuous basis and for remuneration.
    12. By ordering any GDPR module or other template documentation via the Website, the Client instructs Law office to prepare for the Client a sample legal documentation for the protection of personal data that is not customized to the needs and requirements of the Client but is intended to be filled by the Client on the basis of legal advice provided by the Law office in the Instruction to use documentation or description of a specific document. The Client expressly agrees with such a procedure despite the fact that according to Law office it is best to entrust Law office with an analysis, audit or other advice aimed at adapting the legal documentation to the particular needs and requirements of the Client. The Client accepts the risks associated with such a procedure, in particular the risk of incorrect filling of documentation by the Client. Liability of Law office for damage caused to the Client in the provision of GDPR modules is limited for the above reasons to cases where the Client is damaged in a causal link with the wording of the unfilled documentation or instructions.
    13. The Client acknowledges that GDPR modules have been developed in the context of the Slovak legal order and may not reflect the requirements or customs of other legal orders or foreign regulators.Klient berie na vedomie, že Kancelária nezaručuje zabezpečenie súladu Klienta s GDPR v prípade používania GDPR modulov. Súčasťou právnych služieb pri poskytovaní GDPR modulov nie je zabezpečenie súladu s GDPR ale splnenie pokynu podľa bodu 5.11 týchto VOP vyššie.
    14. The Client acknowledges that Law office does not guarantee the compliance of the Client with the GDPR when using the GDPR modules. The legal services provided by GDPR modules are not to ensure compliance with the GDPR but to comply with the instruction under section 5.11 of Terms of Use above.
    15. If a Client purchases a lower / cheaper GDPR module, he / she has the right within two months of purchase of the GDPR module to purchase a higher / more expensive GDPR module by paying a difference compared to the original (unpaid) GDPR module's lower / cheaper price. The Client must contact Law office in this regard because the discount is not available through the Website. In case the Client realizes the order without discount, this right is lost. In case of the procedure under this section the Client is obliged to comply with the limitation of the number of persons authorized to access the documentation he chooses within an order of a lower / cheaper module within the meaning of section 5.5 of Terms of Use.
    16. There is no further legal advice or technical support for GDPR modules. Any other legal services beyond the GDPR modules are subject to a separate agreement between the Parties and Terms of Use. The GDPR module does not include a registration or access of the Client to a log-in zone of a Web site.
    17. The duration of provision of legal service for GDPR modules is agreed by the Parties as until delivery of the GDPR modules to the Client.
    18. In  case of "Full" and "Exclusive" GDPR modules, the Client is entitled to use free legal counsel of Law office in the area data protection within a limited period of time (4 hours) but only in the case of control or proceedings by the Office for the Protection of Personal Data of the Slovak Republic, whereby the Client has the right only if he exercise it immediately upon receipt of a notice of initiation of the inspection or administrative procedure. For the avoidance of doubt, the right does not apply to proceedings or controls carried out by other supervisory authorities.
    19. GDPR modules represent an information society service explicitly required by the Client, where the Parties agree that monitoring of access to documents is indispensable for the provision of that information society service.
    20. Remuneration for GDPR modules or other documentation purchased through the Website is payable either by bank transfer or by credit card via CardPay provided by Tatra banka, a.s.
  6. Duration and Termination
    1. Duration. The duration of the relationship between Law office and the Client is always defined separately in the agreement between Parties. The duration may also be agreed in a framework form where the Client is entitled to consult the Law office at any time under the framework agreement.
    2. Termination. The relationship between Law office and the Client - as regulated by the Advocacy Act and Professional Regulations of the Slovak Bar Association - continues after the fulfillment of the mandate, upon termination of the provision of legal services, upon termination of the cooperation, after delivery of the GDPR modules or after any termination of the legal services contract (hereinafter referred to as "Termination"), at least in the scope of the confidentiality, Licensing agreement, references, and other provisions of Terms of Use or a specifically negotiated contract the nature of which is to be maintained after the Termination. Termination of withdrawal by Law office is governed by Section 22 of the Advocacy Act.
    3. Return of consideration. Upon any Termination, the Party shall not reimburse consideration already provided (including remuneration) unless otherwise provided in Terms of Use.
    4. Entitlement to financial consideration. Entitlement to financial consideration for services already provided, or the right to recover funds of any Party arising prior to Termination or incurred as a result of Termination of pertinent Termination, shall not cease and Party shall satisfy it without delay, within 10 days of Termination at the latest.
  7. Final Provisions
    1. Applicable Law and Jurisdiction. These Terms of Use as well as the Individual Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the Slovak laws. Parties agree that Slovak courts shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation. Parties agree that Commercial Code as the subsidiary legal act is applicable to these Terms of Use or any other relations between Parties including disputes 
    2. Licensing agreement. These Terms of Use also include the Licensing agreement. Reference to Terms of Use also means reference to the Licensing agreement.
    3. Change of Terms of Use. Law office may change these Terms of Use at any time from any reason by publishing a new version of these Terms of Use on Websites. From the provisions of these Terms of Use, the Parties may derogate by the agreement, including the agreement by email.

In Bratislava on 31 October 2018

Dagital Legal, s.r.o.