Legal Services Provided by Staniek & Partners
§ 1. General Provisions
These general terms define the conditions for the provision of legal services by “Staniek & Partners Spółka Komandytowo-Akcyjna” based in Wrocław, ul. Hubska 52/14, registered in the National Court Register under number KRS 0000939090 by the District Court for Wrocław-Fabryczna, VI Commercial Division of the National Court Register, Tax Identification Number (NIP): 8992913267, Business Registry Number (REGON): 52068698600000; with an office in Kraków, ul. Wadowicka 7 (“S&P”) for clients (“Client”).
These general terms constitute an integral part of the legal service agreement with the Client, to the extent they are not expressly waived or modified by the service agreement. These general terms are binding upon the Client if: (i) they are provided prior to the conclusion of the agreement; (ii) they are made available to the Client electronically, including via reference to their publication on the S&P website. The application of any standard contractual terms (including general terms and conditions) of the Client is excluded, and provisions in the Client’s order that conflict with these general terms require explicit acceptance by S&P. Articles 682 and 3854 of the Civil Code do not apply.
§ 2. Scope of Services and Method of Delivery
Unless S&P has entered into a written agreement with the Client for the provision of legal services, such an agreement may be concluded in any form and requires explicit acceptance of the order by S&P in each case.
S&P reserves the right to refuse an order, particularly in situations involving a conflict of interest, and will promptly inform the Client of any such refusal.
S&P undertakes to perform the Client’s orders within the timeframe agreed upon with the Client. If no timeframe is specified, orders will be completed within a reasonable period, considering the necessity to ensure the quality of advice provided by S&P.
S&P provides legal services to the Client within the scope expressly assigned by the Client.
The Client and S&P agree to exchange information via email. Each party shall implement protective measures against risks related to such information exchange (e.g., risk of computer viruses) at its own discretion. Neither party shall be liable for any damages incurred by the other party related to such risks and their consequences. The Client acknowledges that email communication may not guarantee the confidentiality of correspondence.
§ 3. Fees and Reimbursement of Expenses
The fee for legal services provided by S&P for a given order will be calculated as the product of the number of hours spent by S&P’s employees or associates on providing services for the Client and the hourly rate in PLN assigned to the respective position within S&P’s structure.
In addition to fees, S&P is entitled to reimbursement for individualized expenses incurred in connection with performing the Client’s order, such as court fees, stamp duties, notary fees, civil transaction taxes, translation costs, accommodation and travel expenses, courier services, etc. These expenses will be reimbursed based on appropriate receipts and invoices.
S&P may request an appropriate advance payment from the Client at any time, the amount of which shall reflect the nature of the order and the anticipated engagement by S&P. The advance payment will be settled, without interest, on the final invoice after the completion of services for the given Client.
Settlement for services provided by S&P will be based on VAT invoices issued monthly at the end of the month, payable within 14 days of receipt, by bank transfer to the account specified on the invoice.
§ 4. Liability of S&P and the Client
The Client is responsible for providing S&P with access to appropriate data and information necessary for the provision of legal advisory services. The Client is liable for the reliability, accuracy, and completeness of this information.
S&P shall not be liable for non-performance or improper performance of services when this results from the provision of false, inaccurate, or incomplete information by the Client, as well as persons acting on behalf of or at the Client’s request.
S&P’s liability towards the Client for any cause, including for non-performance or improper performance of the legal service agreement, is limited exclusively to actual damage. S&P’s liability is further limited to PLN 100,000.00 for each occurrence of damage.
S&P shall not be liable for indirect or consequential damages or loss of profits.
The Client waives all rights and claims, present and future, against any partners of S&P and undertakes not to assert any claims against S&P’s partners or employees.
§ 5. Obligations of S&P and the Client Resulting from Anti-Money Laundering and Counter-Terrorism Financing Regulations
S&P is subject to the Act of 1 March 2018 on Anti-Money Laundering and Counter-Terrorism Financing (“AML Act”), which imposes an obligation on S&P to apply financial security measures to the Client, including, among others, identifying and verifying the identity of the Client, its representatives, beneficial owner, and obtaining information about the Client’s connections with politically exposed persons, as well as reporting to the Financial Information Inspectorate any circumstances that may indicate suspected money laundering or terrorism financing.
Under the AML Act, the Client is required to provide S&P with all requested information and documents specified in the AML Act, particularly a completed “Know Your Client” form and updates to the information contained therein. S&P reserves the right to withhold or suspend services if it does not receive the required information from the Client.
§ 6. Personal Data Protection
S&P is the data controller of personal data for individuals entering into an agreement on behalf of the Client, as well as contact persons on the Client’s side, including individuals authorized to place orders and those involved in the billing processes. The principles of data processing by S&P are detailed in the privacy policy available at www.staniekandpartners.com/privacy-policy/
§ 7. Copyright
S&P retains copyright and all other intellectual property rights to legal opinions, documents, analyses, know-how, etc., prepared as part of the services provided.
The information provided within the services may only be used by the Client for its internal needs and business activities unless S&P has given written consent to share it or the materials were prepared for third-party disclosure.
§ 8. Confidentiality
S&P and the Client agree to keep the fact of the agreement and its content confidential. S&P commits to maintaining the confidentiality of all information obtained from the Client in connection with the services provided. The above restriction does not apply to information: (i) disclosure of which by S&P is required by law, (ii) that is currently or will become public knowledge, (iii) that is currently or will become known to S&P without violating this confidentiality clause, (iv) that is obtained by S&P from other sources.
The Client authorizes S&P to use its name in offers, informational and promotional materials, client lists, and on the S&P website.
§ 9. Governing Law, Dispute Resolution, and Language of the Document
The legal relationship between the Client and S&P is governed by Polish law.
The parties shall strive to settle disputes amicably. In the absence of an amicable settlement, disputes shall be resolved by the common court with jurisdiction over S&P’s registered office.
These general terms and conditions are prepared in both Polish and English and are available on www.staniekandpartners.pl. In the event of a dispute concerning their content, the Polish language version shall prevail.