The written acceptance (even sent by e-mail) – or payment in any way – of our Financial Offer on the part of the Customer implies automatically and at the same time explicit and unconditional acceptance of the following conditions and terms, which are integral part of this Agreement and consequently essential for us to provide Legal Services:
1. For the respective Agreement and Contract for the Provision of Legal Services – Lawyer Services – Mediation Services – Arbitration Services, a registration process will follow before the Competent Tax Authorities so that it becomes tax validly (but even in case of non-registration this Agreement continues to be valid) having as a result our obligation to pay the respective Value Added Tax as well as covering other expenses arising from our Service pricing.
2. All cases entrusted to us by our Clients are placed on a waiting list, and we start processing them in order of priority with the sole and absolute criterion of our financial order’s written acceptance, the agreement on the exact payment date, as well as the actual and final payment of the total amount owed to us (otherwise – and without their remuneration having been paid – it is impossible for our Associates to work on a case, even when they over-handle cases of existing Clients who have already paid our fees), considering the relevant deadlines and urgency.
3. If the above-mentioned term is not met we are not obligated to undertake absolutely no processing of any issue, and from the beginning we hereby inform the interested parties that we are not willing to undertake and handle any other relevant issue related to the case (which the interested parties shall assume on their own responsibility, of course, with an expert’s assistance other than ours, the case monitoring, compliance with deadlines and any other custody related).
4. Our electronic case monitoring system enables us to handle issues, disseminate information and give instructions to our Associates, only after the specific case is electronically noted as financially covered, while when it ceases to be covered financially and the relevant actions to be discounted, then automatically our electronic system is locked and does not allow further operation (so even in this case our actions and / or candidate Mandates should take it for granted that we have ceased to handle further any of their cases, for which for any unjustified reason they stopped paying our budgeted fees and related expenses).
5. Our actions are aimed at safeguarding the interests of our Trustees, while we are committed to properly handling their issues with due diligence, and we cannot promise or guarantee any result. The fate of our Trustees’ requests does not affect our remuneration, in other words we shall get paid in all cases, i.e. if the claims are accepted, if some claims are rejected or if they were rejected in their entirety.
6. The facts and characterizations listed in the petitions are a result of the history that our Trustees deliver to us in writing and / or orally, and the latter undertake exclusively in each case their consequences, while the conclusion of our respective Agreement is an automatic acceptance by part of our Clients (and even explicitly and irrevocably) that all our actual and legal actions taken on their behalf shall be subject to their consent and their prior unconditional approval, assuming solely the consequences thereof, and acceptance – of our financial offer – exempts us from any relative liability against third parties (held solely by our Trustees) and against our Trustees (actual loss and loss of profit).
7. We provide our Services via our Associate Lawyers, Practicing Lawyers, Legal and other employees and / or all kinds of Consultants that we choose with our own criteria. In the event that our Clients wish to designate Advisers or handlers outside our Team on a case, we show respect to their choice, but if we think that by doing so their interests are at risk, we have the inalienable right to withdraw from the case and from handling of any other case, regardless the Trustee’s willing, without creating any claim against our Clients, and withholding the remuneration that we have already received up to that point and which we are entitled to.
8. We try to send for prior written approval all the documents and petitions drafted by us (mainly by e-mail). In the event that it is not possible for any reason to send these to our Clients, or if they do not respond in a timely manner and in writing to the relevant approval, then we have the unilateral right to choose – and without prior notice to our Clients – whether we will submit this or not; the possible adverse consequences of this choice burden solely our Clients (even the loss of relevant deadlines).
9. As part of this Service Agreement implementation is that we can deposit and receive documents on behalf of our Clients as proxy holders, without even showing a further proxy document, while in addition to that we can deposit a document before the competent Authorities pro and against any natural or legal person with only our signature, even without the signature and seal of our Clients, that’s why our Clients by contracting with us provide us with legal power of attorney and in any case the right to represent them in the Court and to act all the main or subsequent acts concerning the conduct of the Trial, except those that were explicitly excluded during the afore-mentioned power granting, as well as those for which special power of attorney is required. If in any decision or procedure there is a mention that we have acted on behalf of our Clients, and in the main body of the decision there is a certificate that the court ruled against the opposing parties, there is full evidence of our appointment as judicial representatives of our Clients.
10. We do not keep an archive of our Clients’ original documents, but we keep an electronic record, therefore the copies of documents that we can provide to our Clients are only in electronic form (and maybe in some cases we have them in hard copy, whereupon it is at the disposal of our Commanders at all times). In original form we accept to receive from our Clients only those documents, securities, etc. that is deemed necessary to be presented before Public Services or Authorities just to deliver or display them. After the lapse of fifteen (15) days from their return by the Public Services or Authorities to us, it is the sole obligation of our Clients to ask for them, otherwise even in case of loss or destruction for any reason, you have already agreed from the conclusion of this Agreement that we have no responsibility and no obligation to repair any positive or detrimental damage to our Customers that they are likely to suffer from.
11. We do not undertake the custody of any document or object on behalf of our Clients, but even if this happens for any reason, under the conclusion of this Agreement, automatically we consider that our Clients have explicitly and unconditionally resigned from any claim against us for this particular reason.
12. By entering into this Agreement, our Clients agree and accept that for every document and study we conduct, we have exclusive copyright, while they agree that we have the right to publish anonymously, anywhere and in particular on our Website https://www.dimelli-law.gr every decision issued on their case, while in the event that our Clients run a business, they automatically grant us the right to post on the above or on any other website or to include in our newsletter the information that such Company/Business is contracted with us, posting in addition its name and the mark which is used in any way.
13. Our Clients have the right to revoke their mandate to us by declaring so unilaterally and directly, the termination of the mandate shall occur with the receipt of their will declaration, or with their tacit will declaration, as long as our Clients let us know about their will. In any case – justified or unjustified revocation of their order – we are entitled to our remuneration under this agreement, therefore they have the obligation to pay us the costs that we may have incurred to execute the order until its revocation.
14. Under this Agreement the remuneration for the provision of our services is defined, and does not depend on any term or condition, consideration, while it is likely to depending on the case progress and on the degree of difficulty, meaning that the total amount of our financial offer and remuneration may be adjusted upwards (since the Financial Offer is the minimum possible for the handling of their case), and in any case if there is further adequate employment time, if sudden events occur, if this is justified by the type and quality of scientific work and our diligence, if further adequate time has been spent on studying and writing documents, due to numerous and various legal issues of the case, our Clients shall be informed in writing without delay. It is emphasized that further expenses to third parties (Bailiffs, Notaries, Experts, Translators, Consultants, etc.), expenses necessary for the performance of our authorized services (i.e. travel, food, housing), expenses for the reservations in favor of third parties, copies of documents, certificates etc. as well as any expenses that we may pay ourselves for the handling of the case of our Clients, are charged on a case-by-case basis, and we inform the Clients periodically.
15. Case-wise and indicatively (and not restrictively) the restriction of any lawsuit, the partial or the total resignation from the lawsuit, the withdrawals of lawsuits, the compromises, etc. do not affect and do not reduce our agreed fee, while in case of presenting a subsidiary legal basis of the petitions, additional historical and legal basis of the case, reintroduction of the case for discussion on the same historical and legal basis, our fees are set each time by a newer financial agreement and our services will be charged accordingly. If the historical basis of two or more petitions is common, but their legal basis is different, then we are entitled to a separate fee for each petition, which will be determined each time by a newer agreement. We are entitled to (after the annulment of the previous trial or its repetition for any reason) an additional fee for our appearance to Court, which shall be determined by a new agreement on a case by case basis and in the same way as above-mentioned. We are also entitled to a fee for the representation for postponement before a Court or Authorities, Councils or Committees, etc., which will be determined on a case-by-case basis by a special agreement. In the event of a compromise, we retain our remuneration in full – even if in the meantime all the procedures assigned to us, which we have received a payment for, have not been completed – if we took part on reaching the compromise then we are entitled to our remuneration for it.
16. Our remuneration already paid or the claim on it shall not cease to exist, shall not be reduced, shall not be refunded even if the Clients revoke their order for any reason before the completion of the work assigned to us, and shall not be canceled for any reason. This is because we may have already proceed to the handling of the case against other potential cases, we may have already studied on the case and organized the strategy to be followed and we may have already take critical decisions on the legal handling (which is the cornerstone of our Scientific Work). It goes without saying that in such cases, any advance payment on behalf of our Clients oriented to third parties yet not made is returned in full to our Clients. An agreement (which is not proven in writing) to reduce our respective remuneration is expressly prohibited, while an agreement in order to increase our remuneration can be defined orally, and is proved by documents, oath or confession, and the tacit drawing up of an agreement for the increased remuneration can be deduced from the long-term cooperation we have with our Clients or the lack of their objections.
17. It is emphasized that our Clients owe our remuneration to us but also that they are bound by the terms of this Agreement even when they do not necessarily coincide with the Lord of the Case, and are liable to pay our remuneration since they have given us the order to conduct or defend the case, at the same time they are jointly and severally liable to the Lord of the Case, since according to this Agreement it is explicitly, unreservedly implied that that our Clients act on his behalf, and that this Agreement was carried out because of the Lord’s of the Case order and his authorization to our Clients, therefore he has accepted and committed through an agent under the terms of this Agreement.
18. If a Client of ours has granted us another Lawyer to co-handle the case before and / or after they assigned it to us (and in all these cases regardless of whether we did so or not) or if we have been assigned by another Lawyer (initially or subsequently), our Clients continue to have all the obligations provided to us under this Agreement.