Terms and conditions of sale

The present terms and conditions of AlterTax Avocats set out the general framework for the provision of legal services by AlterTax on behalf of its clients. The lawyers of AlterTax Avocats are subject to the legislative and regulatory provisions governing the practice of the legal profession, to the National Internal Rules of the profession and to the related ethical rules specific to the Bar in which they are registered.

Their work on behalf of the firm’s customers is governed by these General Terms and Conditions, which may only be departed from by express, written agreement. However, none of these agreements may derogate from the provisions of the National Internal Regulations of the legal profession or from the provisions of the present CGI relating to the management of settlement difficulties.

 

1. THE FIRM’S MISSION

1.1 LEGAL ASSISTANCE/REPRESENTATION

1.1.1. The firm’s lawyers represent or assist clients who so request in writing before any court. Remuneration for this work is based on the rules set out in article 2.

1.1.2. Except in emergencies or special cases, deeds and documents dealing with the substance of the case are sent to the client in draft form for opinion and discussion.

1.1.3. Depending on the type of dispute, the involvement of junior lawyers or other legal auxiliaries may be desirable or required in order to carry out certain procedural acts and/or formalities, it being specified that, except in the case of special procedures, the firm’s lawyers retain the power to draw up a strategy, produce pleadings and plead the case.

1.2 LEGAL ADVICE

1.2.1. The firm’s lawyers provide legal advice in the form of written consultations or the drafting of legal documents (contracts, agreements, letters, etc.) which have previously been the subject of a written request from the client specifying the question raised or the purpose of the document and indicating the relevant factual context. This request must be accompanied by all relevant documents. Consultancy services can also include assistance with negotiations, written mandates for negotiations, talks or transactions, or oral advice. The fees for these services are set out in article 2. 1.2.2 If the advice required concerns foreign law, the opinion of local correspondents, whether members of the AlterTax network or not, may be sought.

1.3 FORMALIZATION OF ENGAGEMENTS At the beginning of the relationship between the client and the firm, or at any other appropriate time, the two parties may draw up a fee agreement applicable to all engagements or cases handled. In the absence of a pre-established fee agreement, a Letter of Engagement will specify the amount or method of determining the fees to cover the foreseeable work involved, as well as the various costs and disbursements envisaged. The contractual relationship exists as soon as the parties agree to accept the Mission and the price. The firm is only obliged to start the assignment once the client has given his express agreement to the engagement letter. The client accepts these terms and conditions by entrusting the firm with an assignment and signing the Fee Agreement and/or the Letter of Engagement. The Fee Agreement and Engagement Letter may be drawn up in electronic or paper form. The Client and AlterTax Avocats agree to use electronic mail (with or without acknowledgement of receipt) as a means of communication valid as evidence.

1.4 Offers on the website
www.altertax-avocats.com
We have defined a number of offers corresponding to typical assistnace requests from our customers. The Firm reserves the right to refuse a request for assistance materialized on the site by the ordering of an offer, in particular if the Customer’s needs do not correspond to the offer selected by him or if the ethical rules of the legal profession require that the file thus entrusted not be accepted, in particular with regard to the lawyer’s independence. In such a situation, the Firm will inform the Customer that its file has been rejected and will refund the Customer in full for the sums paid when the order was placed on the Firm’s website.

2. FEES

2.1 AMOUNT OR METHOD OF DETERMINING FEES

2.1.1. Unless otherwise agreed, the assignments described in Article 1 are remunerated on a time-spent basis according to the hourly rates (exclusive of tax) of the firm’s lawyers, which vary according to their status (partners or associates), their area of practice and experience, and the nature and complexity of the case. For certain cases, we may agree with the customer to pay an additional fee based on results, the cause, basis and method of calculation of which are set out in an agreement.

2.1.2. An indicative fee proposal can be sent to any potential customer on request. The lawyer guarantees the predictability and transparency of fees. He informs his client as soon as the matter is referred to him, and on a regular basis thereafter, of the methods used to determine his fees and any foreseeable changes in their amount. Where applicable, this information is included in the engagement letter.

2.1.3. The Offers of Service presented on the website describe the work that will be carried out by the Firm if the file is accepted. The fixed price indicated in the offer implies active participation on the part of the customer in providing the various elements required to complete the assignment. If the number of hours recorded at the Firm’s hourly rate exceeds 15% of the fixed fee shown on the Site, a time record will be kept.
www.altertax-avocats.com
the Law Firm may interrupt its assistance and offer customers the option of continuing the service.

this assistance on an hourly basis, even if the mission has not been completed.

2.1.4. Depending on the nature of the case, a retainer may be requested from the customer before any due diligence is carried out.

2.1.5. Unless otherwise agreed, fees do not include expenses incurred by the firm in carrying out its mission (travel, catering, etc.), which will be reimbursed by the client, nor out-of-pocket expenses paid directly by the client. The fees of the parties referred to in articles 1.1.3 and 1.2.2 are recovered by them directly from the customer.

2.1.6. The duration and terms of revision of the hourly rates or other fee scales provided for in the Fee Agreement are specified in the same agreement.

 

2.2 BILLING AND PAYMENT TERMS

2.2.1 Fees for work carried out by the firm’s lawyers are invoiced monthly by the partner in charge of the case, unless he decides to defer invoicing in view of the particularities of the case or a specific agreement.

2.2.2 The invoice details the work carried out, the time spent on essential services and the total time spent, as well as the hourly rates used to establish the invoice.

2.2.3. Invoices are payable on receipt of invoice. In accordance with article L 441-6 of the French Commercial Code, any payment made after the due date will incur, without the need for a prior reminder, a late payment penalty calculated at the rate of 1% per month of delay, as well as a fixed recovery indemnity of €40.

2.2.4 Dealing with payment difficulties In addition to the legal penalties applicable by operation of law to failure to pay invoices on the due date, it is hereby specified that in the event of late payment or non-payment of invoices for fees and expenses, the Lawyer reserves the right to suspend or terminate the performance of his assignment until full payment of the invoices due, of which he will inform his client, drawing his attention to the possible consequences.

3. DISPUTES Any dispute with a client which cannot be settled amicably will be submitted to the President of the Paris Bar Association or the Bar Association of the Bar on which the lawyer concerned depends, in accordance with articles 174 et seq. of decree no. 91- 1197 of November 27, 1991 organizing the legal profession.

4. MEDIATION (in the presence of a client -consumer) The client who is a consumer is informed of the possibility offered to him by article L.152-1 of the French Consumer Code, in the event of a dispute arising from the conditions of intervention of the firm, to have recourse to the Consumer Mediator of the legal profession: Mr J. Hercé, 180 boulevard Haussmann, 75008 Paris, mediateur@mediateur-consommation-avocat.fr, https://mediateurconsumptionavocat.fr.

 

5. PROTECTION OF PERSONAL DATA The Firm processes personal data. The legal basis for the processing of personal data is :

o the legitimate interest pursued by the firm when it pursues the following purposes: – prospecting and promotion ;- organization, registration and invitation to firm events. o the execution of pre-contractual measures or contracts, when it implements processing for the following purposes: – the production, management and follow-up of customer files; – debt collection. o compliance with legal and regulatory obligations when implementing processing for the purpose of: – preventing money laundering and the financing of terrorism, and combating corruption; – invoicing; – accounting.

 

The Firm keeps data only for as long as is necessary for the purposes for which it was collected and in compliance with current regulations. In this respect, customer data is kept for the duration of the contractual relationship, plus 3 years for promotional and canvassing purposes, without prejudice to retention obligations or statutory limitation periods. With regard to the prevention of money laundering and the financing of terrorism, data is kept for 5 years after the end of relations with the firm. In accounting terms, they are kept for 10 years from the close of the financial year. Prospect data is kept for a period of 3 years if no participation or registration in the firm’s events has taken place. The data processed is intended for authorized personnel of the firm and its service providers. Our data is hosted on our servers in France. However, some data may be transferred to countries outside the European Union. This is particularly the case when the mission entrusted to us requires the transfer of data to our offices and partners abroad, or at the express request of the customer. In this case, AlterTax Avocats ensures that the transfer is accompanied by appropriate guarantees.

 

6. PROFESSIONAL LIABILITY AlterTax Avocats has taken out insurance policies covering the risks of its professional liability and/or that of its members, taking into account the nature of the cases it handles. Its liability in this respect may not exceed the limit of the cover taken out on the date of the event giving rise to the damage.

 

7. GENERAL PROVISIONS These General Conditions of Intervention are sent to the customer prior to or at the time the fee agreement or first engagement letter is drawn up. They can be consulted on the firm’s website at http://www.altertax-avocats.com. The fact that AlterTax AVOCATS does not avail itself at a given time of any of the present Conditions of Intervention may not be interpreted as a waiver of its right to do so at a later date.