UAB ESAS CONSULTING, legal entity registration number 304675471, with the office located at the address Naugarduko g. 3-401, LT-03231 Vilnius, Lithuania, (hereinafter referred to as the “Service provider”), acting in accordance with the Articles of Association, Legal services and Consultation agreement or under other grounds of the Service provider, and the Client, represented by the person duly authorised to represent the Client.
The Service provider and the Client hereinafter together referred to as the “Parties” and each separately as the “Party”.
Unless other meaning is implied from the context of the Terms & Conditions of Legal Services (hereinafter – “T&C”), the term “the Service provider” used herein shall also mean its partners, attorneys-at-law, deputy attorneys-at-law acting in the Service provider on the basis of legal services agreements or other legal grounds, also the lawyers and other staff of the Service provider.
1. Instructions and Scope of Services
1.1. The Service provider will agree with the Client on an ongoing basis on the nature of legal services and/or the scope of the assignment, as well as the involvement and services (if any) of third parties. The instructions of the Client may be made verbally or conveyed by e-mail or fax. Respective services shall be started to render to the Client only upon receipt of the request for services of the Client and upon acceptance of such request by the Service provider. The acceptance of the request of the Client may be expressed in any form, including the email and starting execution of the request. The Service provider is entitled to request a written confirmation of the Client’s instructions.
1.2. The Service provider aims at offering the Client friendly and efficient legal services. The Service provider will exercise professional skill, care and diligence in carrying out the Client’s instructions.
1.3. Legal services (work) rendered by the Service provider under this Agreement (referred to as “services” or “legal services” herein) shall mean legal work of any kind including, without limitation, legal advice (verbal or in writing), issuing of legal opinions or memorandums, summaries and preliminary opinions, discussions during meetings, drafting of various legal documents including conversations and correspondence with the Client, legal analysis of documents, laws, case law and facts of the case, assistance in negotiations with the opponents, governmental or municipal institutions or private entities and individuals, representing the Client or its associated entities before the court or arbitration tribunals.
1.4 The Service provider is subject to the provisions of the Prevention Rules on Money Laundering and Terrorism Financing adopted by the Lithuanian Bar Association and is obliged to identify the Client’s identity, etc.
1.5. All copyrights and other intellectual property rights to the objects created while rendering the services to the Client are and remain vested in the Service provider.
2. Fees and Invoicing
2.1. The Service provider’s fees are based on the scope of work requested, including work outside normal hours, the value added by the services provided by the Service provider, the responsibility associated with the work, the complexity of the matter, the degree of specialist knowledge required and the result achieved.
The Parties agree on a service fee calculation before starting to perform any task to the Client.
2.2. All expenses and disbursements associated with the legal services performed by the Service provider, including, but not limited to, charges (if any) paid to third parties on behalf of the Client, travelling outside Vilnius city time (50% of the hourly rate) and hotel expenses, photocopying, translation, notary fees, postage, fees for gathering the information from the Register of Legal Persons, Register of Real Estate, Mortgage Register, Register of Property Seizure Acts, other registers and courier costs, and external transmission or travelling costs will be added to the fee payable by the Client. The Parties hereby also agree that all such expenses and disbursements referred to in this paragraph shall be borne directly by the Client to the provider of respective services. The Service provider shall not and cannot be held liable for any delays, withholdings or other consequences occurring due to the failure of the Client to cover such expenses. The Service provider shall cover such expenses on behalf of the Client only in exception cases, upon separate agreement.
2.3. In the case of late payment the Client shall pay a penalty interest in the amount of zero point one per cent (0.1%) of the amount due for each day of delay.
2.4. The Service provider has the right to ask for an advance payment and to begin or continue rendering services only if the advance payment is received.