Terms and conditions

The terms and conditions shall apply at any time except affected by any specific terms and conditions with which they are regarded as forming an indivisible whole.

Article 1 : Conflicts of interest

Coblence & Associés shall verify at the beginning of each Assigment and based on information provided by the Customer there is no conflicts of interest. The Customer undertakes to inform as soon as possible Coblence & Associés of any event or circumstances which may impact the assessment.

Article 2 : Invoicing terms

Unless otherwise agreed, the fees of Coblence & Associés are based on a time spent basis tax excluded and also based on a hourly rate relating to the Assignment and its technical complexity. Coblence & Associés uses a termsheet system describing individually the work made and the time spent by each lawyer.

Article 3 : Fees, expenses and third party intervention

Hourly rates shall not include expenses and disbursements (such as, in particular, travel expenses, notary fee, etc.) incurred on behalf of the Customer which will be invoiced on the basis of their real costs. The Customer undertakes to pay and the costs and fees of any professional whose intervention is required to carry out the Assignment (such as, in particular, auditor, bailiff, lawyer, proxy, translator, etc.)

Article 4 : Terms and conditions of payment

4.1 Terms

The details of the time spent and the invoice are sent to the Customer each month.

4.2 Payment

In accordance with articles L 441-3 and L 441-6 of the code de commerce, the fee are payable at the reception of the invoice. In the event of late payment, a rate equal to the legal interest rate shall be applicable.

4.3 In the event of contingent fee

The contingent fee shall be payable, as the case may be, on the amount received from the adverse party for the client or collected on the account opened with the CARPA (Caisse des Règlements Pécuniaires des Avocats) where they may be charged by Coblence & Associés. The Agreement shall expressly give to Coblence & Associés the debit authorization on the CARPA account for the payment of the fees

Article 5 : Legal insurance

The Customer acknowledges to be informed of the possibility of covering the fee according to the scale established by his insurance company. He will personally make sure of the implementation of his insurance and the reimbursement by this later of the part of the fee corresponding to its scale policy. He acknowledges that no matter the scale established by the insurance company will replace the amount of the fee set by the Agreement and the implementation of this insurance as part of his relationship with the insurance company shall not limit his freedom to choose his lawyer.

Article 6 : Diligence

Coblence & Associés undertakes to take any possible measures with regard to its skills, experience, prudence, and any diligence under a best endeavour obligation.

Article 7 : Responsability

Coblence & Associés shall not make any accounting or financial audit, or any verification of the qualitative and quantitative financial information relating to the entrusted Assignment and shall not be liable of any services, representations, or assessments which may subsequently be inaccurate.

Any potential professional liability with respect to Coblence & Associés shall be limited to the amount covered by its insurance up to € 10.000.000 (ten million euros), unless agreed otherwise through a better written agreement.

Article 8 : Record keeping and access to documents

The documentation relating to the Assignment shall be made available to the Customer for a period of 5 years from the end of the Assignment. Any conservation for a longer period shall be subkect to a prior and express request from the Customer.

Article 9 : Communications

The Customer and Coblence & Associés shall inform each other of any facts or circumstances relating to the Assignment and its evolution. The Customer acknowledges that any mail may be sent to the address mentionned on the specific terms and conditions.

Article 10 : Confidentiality

Except the correspondences with the mention « official », any exchanges between lawyers, oral or written, in whatever form (paper, fax, email, etc.) is by nature confidential. The correspondences between lawyers, in whatever form, may not be produced in court or be subject to a confidentiality waiver.

Article 11 : Termination

Coblence & Associés as well as the Customer may at any time terminate the Assignment without prejudice to the expenses and the fee owed at the date of the termination which is payable without delay at the reception of the invoice.

If the Assignment is interrupted by the Customer before the result was known, the standard fees remain acquired and shall be completed with a fraction of the contingent fees fairly determined regarding the progress of the Assignment and in respect of the balance of the Agreement.

Article 12 : Dispute and litigation

Any dispute with respect to the amount and the recovery of the fee, costs and disbursements of Coblence & Associés shall only be solved, failing agreement between the parties, through the procedure set up under articles 174 et s. of the Decree n° 91-1197 du 27 novembre 1991 organizing the lawyer profession. The President of the Bar of Paris (le Bâtonnier) is seized at the request of the more diligent party.

Version 10.2015

Contact

Coblence & associés


62 avenue Marceau
75008 Paris

T +33 (0)1 53 67 24 24
F +33 (0)1 47 23 68 42