LAWYERS SERVICES FRAME AGREEMENT

 

hereinafter referred to as „Framework Agreement”, made between Detre Varga & Partners LLP. (Dr. Detre Varga Attorney at Law, Budapest Bar Association, Registration Nr.: 18894, seated at 1016 Budapest, Gellérthegy u. 9. fszt. 2., tax number: 18285879-2-41, e-mail: <span style="font-size: 10pt; font-family: 'Avenir Light', sans-serif;">info@detrevarga.com</span>) as attorney, hereinafter referred to as „Attorney” and the "Client" 

hereinafter referred to as „Client”, together also referred to as „Parties”, on the date and place below, under the following terms and conditions:

Clients personal and identification data shall be provided to Attorney if needed for the scope of the cooperation.

1. Based on the  Framework Agreement Client may order services (hereinafter referred to as „Order”) from Attorney, or other cooperating partners of Detre Varga & Partners LLP., and in case of written confirmation of these orders by Attorney or other partner of Detre Varga & Partners LLP., Attorney or other cooperating partner of Detre Varga & Partners LLP. as referred above shall fulfil them accordingly, on deadline, in line with the conditions of the Framework Agreement and the guiding applied laws. Scope of the Framework Agreement is to set the terms and conditions that shall be applicable to all Orders confirmed under it’s effect. In the interpretation of the Framework Agreement, specified as Attorney other partner of Detre Varga & Partners LLP. as referred above shall also be understood respectively, provided that the Order is confirmed with Client.

2. All relevant terms and conditions of Orders shall be put in writing. None of the Parties shall refer to verbal statement as an argument. Orders shall become effective when the Client accepts Attorneys quotation or the Parties make conclusive statements. Based on the Order Attorney shall be entitled to Attorneys fee. Relevant terms of the Orders are especially, yet not exclusively the following: 

a) subject matter of the Order

b) workflow and deadline of the fulfilment

c) sum, currency and payment terms of the attorneys fees

3. Attorney shall not be liable for result of the Order, unless it expressively assumed guarantee for a specific result in written form, and the result has been detailed sufficiently. Attorney shall not be liable for the result, if the result has partially or fully failed due to a cause related to Client, or a cause not attributable to Attorney.

4. In case of consulting, subject matter of the Order shall be  verbally negotiating with Client in a subject specified by Client. Terms and conditions specified in section 2. shall be applied to consulting with specific differences detailed in this section. In case of consulting, it’s not necessary to draft a written order or specify all details in it. No certificate of fulfilment shall be made with respect to consulting. In case of consulting, the fact of a fulfilled Order shall be undoubtedly verified by a settled accounting document (invoice).

5. Payment of attorneys fees shall be made based on invoices according to Order. Invoices delivered to Client through e-mail, and printed by Client shall be regarded as a fully valid document without signature and stamp of attorney, which proves it’s content without further evidence. If an invoice is not indicated specifically as „advanced payments invoice” or „partial payments invoice” it shall be understood wothout any specific indication as final invoice. A „proform invoice” is not a commercial invoice, it’s sole purpose is to summarize payment terms. 

6. Attorney may issue and forward a verification of fulfilment to Client attached to the final invoice (hereinafter referred to as Verification of Fuflilment). The Verification of Fuflilment is valid without the acceptation of Client, yet the Client shall have the right to dispute fulfilment of the specified services within 15 days from receiving the Verification of Fuflilment. Through signing the Framework Agreement Client expressedly resigns of the right of debating fulfilment after 15 days from receiving the Verification of Fulfilment. Client hereby cedes eventual claim to reduce attorneys fees with respect to it’s disproportionate amount. 

7. In the course of the mutual fulfilment of this Framework Agreement and the Orders, the Parties may proceed in person or through proxy, but the proxy shall be given in written form. The legal projects agreed by the Parties may instruct Attorney to provide services for a third person (hereinafter referred to as Beneficiary Client), provided that the Beneficiary cooperates in the fulfilment and accepts the fulfilment.

8. Statements made to/from <span style="font-size: 10pt; font-family: 'Avenir Light', sans-serif;">info@detrevarga.com</span> and to/from the e-mail adress of Client specified in the Personal data sheet or specified later in writing, shall be regarded as equal to paper based hard copy equal to fully authentic private documents. Statements and documents forwarded through e-mail shall be regarded as handed over to the adressee on the day of it’s sending, even if it has not been handed over due to any reason (delivery presumption). SMS Viber, WhatsApp and Dropbox registered with the Parties mobile phone numbers or e-mail specified in the Framework Agreement or on the Client datasheet, shall be regarded as e-mail. Negotiations made through means suitable for conveying video and sound shall be regarded as personal negotiations, made in the personal presence of the Parties. Documents as attachments shall be forwarded exclusively by e-mail or dropbox. Client hereby accepts, that any messages, documents, informations forwarded in any other channel or app than described above, may be disregarded by Attorney. 

9. Attorney might involve subcontractor without Clients knowledge or consent in the fulfilment of Orders (hereinafter referred to as Subcontractors). Attorney shall be responsible for Subcontractors as for it’s own conduct. 

10. Attorney may assign one of it’s associated service providers to Client, from which Client may purchase and pay services directly. In this case, the Order becomes binding between the Client and the assigned service provider directly. 

11. In the fulfilment of this Framework Agreement and the Orders Attorney may provide Client conveyed services. Attorney may inform Client about the participants in the fulfilment of this Framework Agreement and the legal projects (hereinafter referred to as „Participants”). In this case, Client may contact Participants directly, yet contact in the merits of the case shall be kept through the „Project Panager” of Orders. 

13. Detre Varga & Partners LLP. and it’s independent cooperating partners form a consortium without a legal personality. Client accepts, that specific liabilities- and legal relationship shall be made case by case between the Parties of a confirmed Order, and the consortium as an organization or it’s other members shall not be liable, accountable and shall not bear guarantee for these services. 

14. If Client shall represent one or more third natural-, or legal persons in the course of an Order, it shall verify it’s right of representation with a written proxy. In case of acting as a proxy, Attorney shall identify and register the proxy as Client. Client shall notify Attorney about the termination of it’s proxy. In case of document authentification by Attorney, everyone, who signs the document, shall be entitled to exercise clients rights, in the scope reasonable with respect to the document transaction, without a legal relationship to Attorney. In case of a valid proxy, Attorney shall not inspect the relationship between the Client and he Proxy, and excludes it’s liability for eventual claims arising from that.

15. Any of the Parties may terminate this Framework Agreement and the Orders with an immediate effect in written form, yet the Parties shall settle accounts of fulfilled and ongoing Orders with each other, under the following terms and conditions:

a) if the reason which has lead to the termination of the Framework Agreement and/or the Legal Project (hereinafter referred to as reason of termination), is attributable to Attorney’s mistake, Attorney shall refund proportional amount of the attorneys fees to Client issuing an cancelling invoice and a certification of the failure of fulfilment

b) if the reason of termination is attributable to Client -regardless of Client’s fault-, or not attributable to Attorneys mistake Attorney may keep the amount of the Attorneys fees as a lump sum indemnification or compensation, issuing an cancelling invoice and a certification of the failure of fulfilment. Client resigns litigation of the amount of the lump sum indemnification for it’s being too exaggerated.

16. Content of this Framework Agreement and the Orders, and furthermore any informations-, data-, fact pertaining to the negotiations related to or the fulfilment of this Framework Agreement and the Tasks shall be regarded as lawyers secret and treated by the Parties mutually as strictly confidential. If Client shall start any proceeding against Attorney, it shall be regarded as a consent to disclose any attorneys secret. 

17. If Client turns to court due to the activity of Attorney, it shall be regarded as an unconditioned, irrevocable resignment of the protection of lawyers secret. 

18. Attorney may provide escrow services pertaining to the Orders. To escrow services the terms for legal projects shall be applicable. A transaction shall only be regarded as escrow if it is concluded in written form and bears the specification „Attorneys escrow”. 

19. If the Client or his proxy does not speak hungarian- or english, it shall trust an interpreter. Client shall be exclusively liable for not involving an interpreter or contracting an interpreter that causes damage. Client hereby declares to understand and speak the hungarian or english language and uses it in written form too, except if this document is signed by an interpreter. 

20. Client agrees that Attorney may and obliged to register and keep their data pertaining to this Framework Agreement and the Orders, under effect of the rules of data protection and lawyers secret. Attorney may unilaterally modify any terms and conditions of the Framework Agreement, except when the unilateral modification is prohibited by applied law.

21. The Parties agree, that the governing law of this Framework Agreement shall be the law of the state of Attorney’s seat, determining also the authoritative courts.

22. The Framework Agreement shall be binding for all Orders, memorandums and agreements, that shall be concluded between the Parties or the Client and other cooperating partners of Varga Attorneys LLP. and binding in all cases, when it is specified as applied law.

The Parties have read, understood and accepted this Framework Agreement as fully conformable to their contractual will.

This Agreement shall be mutually binding without signing by the Parties, if

- Client could have accessed it’s on Attorneys website

- Client has received it in electronic communication

- Client has accepted fulfilled services from Attorney