Terms of Service

Valid from 12.08.2020

These Terms of Service (hereinafter referred to as “Terms” set out the general conditions on the basis of which Magilex Õigusbüroo OÜ provides legal services (hereinafter referred to as “Service“).

1. Contract

Õigusteenuse osutaja on Magilex Õigusbüroo OÜ registrikoodiga 14587776 (edaspidi “Magilex“).

The recipient of legal services (hereinafter referred to as "Customer") is a natural or legal person with whom Magilex has concluded an agreement for the provision of legal services (hereinafter referred to as "Contract"). The Customer may enter into a Contract for the benefit of a third party.

The Contract is concluded in written reproducible form or verbally. The Contract is considered to be concluded in a reproducible written form even if the volume, scope and conditions of the provision of legal services have been agreed by e-mail without signing the Contract. Verbal agreements are confirmed by e-mail if possible.

2. Service

Magilex provides the Service on the basis of the law of the Republic of Estonia.

Magilex provides the Service to the Customer or a third party referred by the Customer following the written and verbal instructions of the Customer. Magilex decides on the specific way and details of service provision.

Magilex provides the Service at the level of generally recognized professional skills and tries to achieve the best possible result for the Customer. Magilex takes all reasonable measures to prevent damage to the Customer.

Magilex generally does not guarantee that the Customer will achieve the desired end result.

3. Fee

The Customer pays Magilex a fee for the Service (hereinafter referred to as “Fee"), the principles of calculation of which are agreed upon in the Agreement. The Fee is calculated either (i) on the basis of the hourly price or (ii) is agreed upon as a fixed amount or (iii) the maximum upper limit applicable to the Service or its part is agreed upon or (iv) a success fee is applied or (v) a combination of the aforementioned Fee calculation methods is applied. The Fee calculated on the basis of the hourly price is calculated in 6-minute increments. VAT is added to the fee in the case and at the rate prescribed by law.

The Customer generally pays Magilex the Fee once a month for the Service provided in the previous month. If the Service is of a one-time nature, the Customer pays the Fee immediately after the provision of the relevant Service. If the volume of the Service provided in the corresponding month is small or there is another reason, Magilex may delay the submission of the invoice. Delay in submitting the invoice does not release the Customer from the obligation to pay the Fee. The Customer has the right to ask for the invoice to be submitted immediately.

Fee arrangements are confidential. The parties have the right to disclose the amount of the Fee in court proceedings for the award of court costs.

Magilex has the right, but not the obligation, to bear the costs and pay the fees necessary for the provision of the Service on behalf of the Customer. The Customer is obliged to reimburse Magilex for the direct costs and fees incurred in the Customer's interests within the scope of the Service (including state fees, notary fees, translation costs).

Magilex has the right to demand from the Customer a reasonable amount of advance payment for the Fee and expenses to be reimbursed before the Service is provided.

The Customer is obliged to pay the invoices submitted by Magilex within 5 (five) days from the date of submission of the invoice. In case of delay in payment, Magilex has the right to charge the Customer 0.1% per day of the unpaid amount. In case of delay in payment, the Customer is obliged to pay Magilex a claim handling fee of 20 euros for each payment reminder letter sent. There must be at least 7 calendar days between sending payment reminder letters.

4. Confidentiality

Magilex is obliged to keep confidential any information it has received from the Customer in connection with the provision of the Service, unless there is a direct obligation to disclose such information by law or if the Customer has given consent (including in the Contract) to the disclosure of information. The obligation of confidentiality includes the fact of contacting Magilex for the Service, the content of the Service and the amount of the Fee.

If the Customer gives Magilex an instruction or consent to use the Services of third parties in the provision of the Service, Magilex may disclose to them confidential information that Magilex deems necessary for the provision of the Service. Disclosing the amount of the Fee in court proceedings for the purpose of awarding court costs is not a violation of the obligation of confidentiality.

In matters related to listed companies, Magilex must comply with applicable securities market regulations, apply internal rules on inside information and maintain a list of insiders.

5. Conflict of interest

Magilex may not provide the Service to the Customer if there is a circumstance that damages or may damage Magilex's ability to act in the provision of the Service solely in the interest of the Customer, unless Magilex has informed the Customer of such a circumstance and the Customer still wants Magilex to provide him with legal services.

6. Prevention of money laundering and terrorist financing

Magilex fulfills the obligations arising from the Money Laundering and Terrorist Financing Prevention Act and the legislation issued on its basis when acting in a financial or real estate transaction on behalf of and on behalf of the Customer.

Magilex has all the rights arising from the Money Laundering and Terrorist Financing Prevention Act and the legislation issued on its basis, including the refusal to provide the Service and the termination of the business relationship in the cases provided for in the legislation.

7. Intellectual property

Copyright and other intellectual property rights to any result of the work of Magilex lawyers created during the provision of the Service belong to Magilex. The Customer has the right to use the result of such work for the purpose for which it was ordered by the Customer.

8. Personal data

Magilex has the right to collect, store, use and process the personal data of the Customer and persons directly related to him in accordance with the laws applicable to the protection of personal data, including to fulfill the Contract, to manage the invoicing system, accounting and internal information systems and customer relations, to fulfill the obligations arising from the law and for marketing purposes.

Magilex has the right to process the personal data of the Customer or other person obtained on the basis of the Contract or the law, incl. sensitive personal data, without the separately expressed consent of these persons, if it is necessary for the provision of the Service. Magilex may transfer the personal data of the Customer and persons directly related to him to third parties, if the corresponding information is necessary for the provision of the Service and to the extent that it is necessary to achieve the purpose of the Service.

9. Liability

Magilex is not obliged to check the correctness of the information entrusted to it by the Customer, and is not responsible for the veracity of the information provided by the Customer. Magilex is also not responsible for the veracity of the analyses, assessments, explanations and other information provided by external experts, consultants, specialists, etc., used during the provision of the Service.

Magilex is not responsible for damages resulting from the incorrectness of the information received from the Customer or the lack of necessary instructions.

Magilex is liable for breach of obligations arising from the Contract and damage caused during the provision of the Service only in cases of gross negligence or intent. Magilex is not responsible for lost income or damage caused by obstacles to the Customer's business.

10. Termination of the contract

The Customer may terminate the Contract at any time by notifying Magilex in a form that allows re-presentation in writing.

Magilex may terminate the Agreement at any time by giving 14 days' notice to the Customer in a form that allows re-presentation in writing.

Magilex may terminate the Contract without prior notice if (i) the Customer has delayed payment of the Fee for more than 30 (thirty) days or (ii) significantly hinders the provision of the Service by its actions or inactions, by notifying the Customer in a form that enables written reproduction.

Upon termination of the Contract, the Customer is obliged to pay Magilex the Fee and costs related to the Service provided during the Contract's validity.

11. Notices

All notices, requests, demands and other communications arising from the Contract shall be made in writing and shall be considered duly submitted if they are (i) delivered in person, (ii) delivered by courier or registered mail, or (iii) sent by e-mail to the party's address, which is fixed in the written Agreement or, in its absence, was previously used in the communication between the parties. A notice sent by e-mail is considered delivered on the business day following sending.

The party is obliged to immediately notify the other party of changes in the contact data (i) fixed in the written Contract or (ii) in the absence of a written Contract previously used in communication between the parties.

12. Final provisions

The Contract enters into force on the date of signing the Contract or, if the Contract has not been signed in writing, on the date of acceptance of Magilex's offer by the Customer and is valid indefinitely.

Magilex has the right to change the Terms unilaterally by notifying the Customer of the change of the Terms at least 14 days in advance. The current version of the terms and conditions is always available on the Magilex website at www.magilex.ee/en/teenusetingimused. If the Customer does not agree to the amendment of the Terms, the Customer has the right to terminate the Contract in accordance with Clause 10 of the Terms.

The law of the Republic of Estonia applies to the Contract. The parties shall try to resolve disputes arising from the Contract through negotiations. If no agreement is reached, the disputes will be resolved in Harju County Court.