General Terms and Conditions for Lawyers
(hereinafter only the “General Terms and Conditions”)
Any mutual rights and obligations of Operator, Law Firms and Lawyers shall be governed by these General Terms and Conditions.
1. Entering the Agreement on Cooperation
1.1 By registration of the Law Firm in the Application the Law Firm and the Operator enter into an agreement on cooperation comprising the following terms and conditions:
1.2 By his/her registering under a particular Law Firm in the Application the Lawyer expresses his/her consent with these General Terms and Conditions. By confirming the Lawyer’s registration under the User Account of the Law Firm, the relevant Law Firm assumes responsibility for such a Lawyer.
2. Rights of Law Firm
2.1 The Law Firm is entitled to remuneration for each paid Document which has been generated by the User and which the Law Firm has created. The remuneration shall equal 10 % of the price of each generated Document excluding VAT. Moreover, the Law Firm is entitled to remuneration in the amount corresponding to a proportional part (see below) of 30 % of the tariff of the User Account of Users, excluding VAT.
2.2 The Law Firm may publish information about their Lawyers at the foot of the Documents and at the foot of the Articles related to the Documents.
2.3 The Law Firm has an exclusive right to provide Ancillary Legal Services associated with the Documents. It is the right of the Law Firm to establish the price by itself.
2.4 The Law Firm shall not be held liable for the form in which the User completes or sets up the Document, or in case that the User applies the Document to inappropriate cases.
3. Obligations of Operator
3.1 The Operator is obliged to advertise and promote the Application and its contents at its own cost, for instance by purchasing advertising campaigns through internet browsers and social networks.
3.2 The Operator is obliged to secure that no other legal document that would be identical to the one created by the Law Firm be posted within the Application.
3.3 The Operator shall bear any and all costs of ensuring the smooth technical operation of and the marketing related to the Application.
4. Obligations of Law Firm
4.1 The Law Firm is obliged to create Documents with due and professional care so that the Documents comply with the legal order of the particular country in which they have been drafted.
4.2 The Law Firm is obliged to update the Documents, should the legal order change in order to ensure that the Document is valid under the applicable laws and regulations of the relevant country.
4.3 The Operator and the Law Firm shall cooperate with each other and strive for the perfection of the Documents, as the Users may desire.
4.4 The Law Firm is obliged to pay the Operator a remuneration for technical processing of any Ancillary Legal Services and for promotion making clients purchase the Ancillary Legal Services in the amount of 20 % of the price for each provision of the Ancillary Legal Services.
4.5 The Law Firm is obliged to provide Ancillary Legal Services with due professional care usually by the following working day after receipt of the payment for the relevant service and of any legal documents, as may be needed. If the User orders any Ancillary Legal Services from the Law Firm through the Application, the agreement on provision of Ancillary Legal Services shall be made only by and between the User and the Law Firm; the Operator only provides the technical platform for the order and for the payment of the Ancillary Legal Services.
4.6 In relation to the Ancillary Legal Services the Law Firm represents that it holds any and all necessary licenses to provide paid legal services, and should he licenses be withdrawn, the Law Firm is obliged to inform the Operator of this fact immediately.
5. Use of Application
5.1 The Operator provides the Law Firm (and all its Lawyers) with a non-exclusive license to use the application, including a User Account, free of charge.
5.2 The license gives the Law Firm the right to use the Application at a distance via the Internet through the user interface of the Application. For more details on the terms and conditions and the scope of use, see the instructions and help available at the user interface of the Application.
5.3 Upon their saving, any data that the Law Firm (and its Lawyers) enters into the Application (i.e. into the database connected to the Application) shall become the ownership of the Operator, in other words, the maker of the database shall exclusively be the Operator. The Lawyers and/or the Law Firms shall provide the Operator with a non-exclusive license free of time and place limits to use any and all author’s works posted by the Lawyer acting under the relevant Law Firm in the Application, including the right to amend or modify the author’s works and/or to merge them with any other work. The license grants the Operator the right to provide an unlimited number of sub-licenses to any third persons.
5.4 All Documents shall be selected, matched, created, approved and published in line with the procedure described in the User Account.
5.5 The Law Firm or the Lawyer hereby express their consent with processing of personal data within the scope of Consent to Process Personal Data and with the processing of cookies files pursuant to Consent to Process Cookies.
5.6 It shall be deemed that the owner and the administrator of the Law Firm is the Lawyer who has registered the Law Firm.
6. Further Specifications
6.1 The price of the Documents shall be first established by the Law Firm (including the right to access the Document free of charge) by selecting one of the options in the User Account. The Operator may test the price and change it to optimize the profit.
6.2 A Document within the meaning of these terms and conditions is the document created by the relevant Law Firm (i.e. by Lawyers acting under the Law Firm in the Application) unless it is clear from the text that reference is made to any and all documents.
6.3 The Operator may use promotional offers, including without limitation, offering discounts on the Documents or even offering the Documents free of charge.
6.4 The price for the ordinary user accounts shall be established by the Operator.
6.5 The price for Ancillary Legal Services established by the Law Firm shall not exceed the usual price for which these services can be purchased at the particular market (i.e. in the relevant country).
6.6 A proportional part of 30 % of the paid User Account specified in Paragraph 2.1 hereof shall be calculated based on the proportion of all Documents generated by the User to the number of documents generated by the User which the Law Firm has created.
6.7 An Identical Document within the meaning of Paragraph 3.2 hereof shall mean the Document that addresses the same life situation by the same method; in case of general Documents, documents of the same type which regulate the rights and obligations in a special or unique situation shall not be considered identical (i.e. the following documents may coexist: a contract on work as a general Document and contract on bookkeeping, contract on software development and contract on house construction). In case of doubt, the Law Firm may approach the Operator raising the issue; the Operator is obliged to consider the situation carefully and based on its past practice, decide on permission or rejection of the latter Document.
6.8 Any payments either by the Law Firm or by the Operator shall be always made in bulk per the relevant calendar month by the end of the calendar month following the month in which the performance was provided, except for the remuneration consisting in the proportion of the price of the User Account of the User, which shall be paid by the last day of the calendar month following the calendar month in which the prepaid period, for which the User Account of the User was ordered, expires (regardless of the fact whether the period has been extended or not by the User). Where it is not possible to make the payments by offsetting the mutual receivables, the payment shall be made by a bank transfer.
6.9 The Law Firm is responsible for all the Lawyers registered thereunder. The Operator does not check whether the person using the account is a lawyer or any other employee of the Law Firm.
6.10 The Operator and the Law Firm shall communicate electronically, by means of the Application or by emails sent to the email address indicated in the Application. A message sent to the email address shall be considered delivered on the day following the day on which the message was delivered to the email server of the addressee.
6.11 In these Terms and Conditions the paid User Accounts of Users shall not serve to provide the Application only as a technical solution without legal Documents.
7. Termination of Cooperation
7.1 The Law Firm may terminate the Agreement on Cooperation at any time for any reason or without indicating the reason with a three (3) calendar month notice period which shall commence running on the first day of the month following the date of delivery of the notice. Upon expiration of the notice period, the User Accounts of all lawyers acting under the Law Firm shall cease to exist. Where no Documents of the Law Firm have been released yet, the Law Firm may terminate the cooperation with immediate effect.
7.2 The Operator may terminate the Agreement on Cooperation only in case of repetitive breaches of the obligations of the Law Firm of which fact the Operator has notified the Law Firm prior to the filing of its notice.
7.3 The notice period shall be three (3) calendar months and shall commence running on the first day of the month following the date of delivery of the notice. Upon expiration of the notice period, the User Accounts of all lawyers acting under the Law Firm shall cease to exist.
7.4 The Agreement on Cooperation shall cease to exist on the day when the Law Firm notifies the Operator that its license to provide paid legal services has been withdrawn.
8. Definitions
8.1 Under these Terms and Conditions:
“Application” shall mean the IT application titled Legito that comprises the internet website accessible from the Internet Address;
“Operator” shall mean the company Legito s.r.o., Id No: 02649659, with its registered office at Pod Lipami 19, Zeměchy, 278 01 Kralupy nad Vltavou, Czech Republic, Ref. No. C 221946 registered with the Municipal Court in Prague;
“User Account” shall mean a part of the software by means of which any Documents and their contents may be launched and/or created and/or amended and which is accessible by entering the relevant login;
“Document” shall mean any part of the Application that forms a complete and coherent part of the Application which displays as a full contract, agreement or otherwise designated legal document (or in other words, it forms a separate line in the relevant table within the Application database);
“Internet Address” shall mean any internet address from which the Application may be accessed on the Internet, including but not limited to www.legito.com;
“User” shall mean any legal entity or natural person other than the Operator and/or the Lawyer and/or the Law Firm that uses the Application, including the Documents.
“Lawyer” shall mean any person that has opened a User Account in the Application and that has been added under a certain Law Firm;
“Law Firm” shall mean any law office and/or attorney-at-law office registered by a Lawyer under this Law Firm in the part of the Application which is designed for registration of law offices (attorneys-at-law) in line with the process described in Paragraph 1.1 hereof;
9. Final Provisions
9.1 The Law Firm and the Operator undertake to care to develop and maintain their good name and good reputation.
9.2 The Operator may change these Terms and Conditions to a reasonable extent. The Law Firm shall be notified of any changes in the Terms and Conditions by email sent to the email address that the Law Firm has entered into the Application.
9.3 The Agreement on Cooperation shall be governed by the laws of the country where the Operator has its registered office, and any disputes, should they arise, shall be resolved by the court with subject-matter and local jurisdiction applicable according to the registered office of the Operator.
9.4 These Terms and Conditions become valid and come into effect on 4 February 2016.
