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GENERAL TERMS AND CONDITIONS OF BUSINESS for the provision of legal services BUCHTA, POKORNÝ & PARTNEŘI, law firm

These General Terms and Conditions of Business (hereinafter referred to as the “GTC”) govern the mutual rights and obligations of the parties under contracts for the provision of legal services concluded between the attorney (attorneys specified below) and the other party to the contract. The GTC have been developed in accordance with Act No. 85/1996 Coll. “On the Bar”, as amended, the professional rules of the Czech Bar Association, Act No. 89/2012 Coll., the Civil Code, and in cases where the other party to the contract is a consumer, also in accordance with Act No. 634/1992 Coll. “On Consumer Protection” and the relevant provisions of European Union law.

Two regimes depending on the status of the other party to the contract

These GTC distinguish between two situations in which the Attorney provides legal services.

(A) CLIENT – a natural person outside the scope of his/her business activity, who is covered by full consumer protection, or an entrepreneur or legal entity to whom the Lawyer provides legal services directly; such a person is also a CLIENT within the meaning of the Law on the Bar and is covered by full protection arising from the practice of law (confidentiality, liability under Article 24 of the Law on the Bar), the only difference being that he/she is not covered by consumer protection under the Civil Code.

(B) SUBCONTRACTING FOR ANOTHER LAWYER – A lawyer does not provide legal services to his/her own client, but performs certain legal work for another lawyer (client-lawyer), who is the bearer of the contract and the obligation to maintain confidentiality in relation to his/her client. This is the only relationship in which both parties act exclusively as entrepreneurs and full contractual freedom applies (limitation of liability, contractual penalties, choice of venue). The provisions are concentrated in Article XVI.

ARTICLE I – INTRODUCTORY PROVISIONS AND IDENTIFICATION OF THE LAWYER

1.1 The legal services provider is an association of lawyers (a community pursuant to § 14 of Act No. 85/1996 Coll., “On the Bar”) consisting of:

• Mgr. Adam Buchta, attorney-at-law, entered in the register of attorneys of the Czech Bar Association under registration number 17632, ICO 88247601, with its registered office at: Blaníčka 1008/28, 120 00 Prague 2;

• YuDr. Jiří Pokorný, Ph.D., attorney-at-law, entered in the Register of Attorneys of the Czech Bar Association under registration number 19111, identification number 86944312, with registered office at: Blaníčká 1008/28, 120 00 Prague 2;

(together also “Attorney”; in a specific case, “Attorney” is the attorney who has assumed representation).

1.2 Attorneys form an association without legal personality in accordance with § 14 of the Bar Act and § 2716 et seq. of the Civil Code. The contract for the provision of legal services is concluded with the other party to the contract by the attorney who has assumed representation in a specific case; the obligations and rights under this contract are vested only in this attorney, and not in the association as a whole.

1.3 Contact details for delivery of correspondence and communication:

• Mgr. Adam Buchta: tel.: +420 608 784 865, e-mail: buchta@bpplegal.eu, mailbox ID: v64nhs4, website: www.bpplegal.eu;

• Jiri Pokorny, Ph.D.: tel.: +420 608 784 865, e-mail: pokorny@bpplegal.eu, mailbox ID: ig3kga3, website: www.bpplegal.eu.

1.4 The supervisory authority for the activities of an attorney is the Czech Bar Association (hereinafter referred to as the “CAB”), with its registered office at: Národní 16, 110 00 Prague 1. When providing legal services, an attorney is obliged to comply with the Act on the Bar, the professional rules of the CAB, in particular the Resolution of the Board of the CAB No. 1/1997 Coll., which establishes the rules of professional ethics and the rules of competition for attorneys of the Czech Republic (Code of Ethics), as amended.

1.5 An attorney is insured against liability for damage caused in connection with the provision of legal services, to the extent provided for by the Act on the Bar.

Definitions

1.6 For the purposes of these General Terms and Conditions, the following terms have the following meanings:

“Agreement” – an agreement for the provision of legal services, an integral part of which are these General Terms and Conditions;

“Client” means a natural or legal person to whom the Lawyer provides legal services directly under the Agreement, regardless of whether it is a natural person acting outside the scope of his business activity or outside the scope of his independent professional activity (§ 419 of the Civil Code) (“Consumer Client”), or an entrepreneur within the meaning of § 420 and § 421 of the Civil Code, or a legal person concluding the Agreement within the scope of his business activity (“Entrepreneur Client”); in this case, such a person is also a client within the meaning of the Law on the Bar.

“Client-Lawyer” means another lawyer or a company practicing law for whom the Lawyer provides legal services in the form of a subcontract; the Client-Lawyer remains a party to the agreement on the provision of legal services in relation to the end client and the holder of the obligation to maintain confidentiality in relation to him. The relationship between the Lawyer and the Client-Lawyer is a relationship between entrepreneurs and is governed by a special regime in accordance with Art. XVI of these General Terms and Conditions;

“Distance Contract” – a contract concluded exclusively by means of distance communication (§ 1820 of the Civil Code);

“Legal Services” – legal services within the meaning of § 1 of the Law on the Bar;

“Remuneration” – the Lawyer’s remuneration for the Legal Services provided, stipulated as contractual remuneration in accordance with § 22 para. 1 of the Law on the Bar.

1.7 Unless expressly stated otherwise below, the provisions of these General Terms and Conditions apply equally to all Clients. The provisions of Art. XVI apply exclusively to the Client of the legal services (subcontract) and do not apply to the Client.

ARTICLE II – PRE-CONTRACTUAL INFORMATION
2.1 This Article II contains the information that the Lawyer provides to the Client prior to the conclusion of the Agreement in accordance with § 1811 and § 1820 of the Civil Code. This information is an integral part of the Agreement, and the Client was familiarized with it in sufficient time before the conclusion of the Agreement.
2.2 The identification data of the Lawyer are given in Art. I of these General Terms and Conditions. The main subject of the Agreement is the provision of Legal Services in the scope specified in the Agreement or in a separate mandate (authorization).
2.3 The Lawyer’s remuneration is usually agreed in the form of a contractual hourly fee or fee for the service, and, if necessary, in the amount determined in accordance with the lawyer’s tariff [and in all cases, by agreement of the parties, a result-based remuneration — the so-called success fee — may also be applied]; for more details, see Article VI of these General Terms and Conditions. Before the commencement of the provision of legal services, the Lawyer shall, at the Client’s request, provide a qualified estimate of the total number of hours required to resolve the case or an estimate of the total cost; if such an estimate is not possible at the time of conclusion of the Agreement, the Lawyer shall clearly inform the Client of this fact and, during the provision of services, shall provide regular billing information that allows the Client to control the volume of services provided.
2.4 The costs of using remote communication facilities (telephone, e-mail, Internet) within the territory of the country shall be borne by each contracting party in its field; the Lawyer shall not charge any separate surcharges for the use of these facilities in addition to the hourly fee, in addition to the usual tariffs of providers of such services.
2.5 The Agreement shall be concluded for the period necessary to resolve the assigned case, unless otherwise agreed. The Client may terminate the Agreement at any time in accordance with Article XII of these General Terms and Conditions. The Agreement does not provide for any minimum number of ordered hours or minimum scope of services, unless the parties have agreed otherwise in writing.
2.6 In essence, for the out-of-court settlement of consumer disputes arising from the Agreement, the competent authority is the Czech Bar Association, National 16, 110 00 Prague 1, www.cak.cz (§ 20d of Act No. 634/1992 Coll., on Consumer Protection). The Client may also use the European Commission’s online dispute resolution platform at https://ec.europa.eu/consumers/odr/.
2.7 Personal data is processed in accordance with Regulation (EU) 2016/679 (GDPR) and Act No. 110/2019 Coll. More detailed information is contained in the Attorney’s Principles for Processing Personal Data, available on the firm’s website and upon request at the Attorney’s office.
2.8 The Agreement shall be concluded in the Czech language; all communication shall also be in the Czech language, unless otherwise agreed.

ARTICLE III – CONCLUSION OF THE AGREEMENT AND DISTANCE METHOD OF CONCLUSION
3.1 The Agreement may be concluded in writing, orally or remotely (in particular by e-mail, telephone or via communication applications). The form of conclusion shall not affect the substantive validity of the Agreement; written form shall be mandatory in cases where this is required by law or professional standards.
3.2 The Agreement shall be deemed concluded from the moment of reaching an agreement on the main subject of performance and the amount of the fee (or, if necessary, on the method of determining it), as a rule, by confirmation of acceptance of the case by the Attorney, no later than after the Client has provided the power of attorney and its acceptance by the Attorney. Failure to achieve the expected result shall not affect the amount of the fee. The lawyer is entitled to remuneration based on: 1) provision of advice or preliminary legal opinion; 2) acceptance of the case; or 3) provision of legal services.
3.3 The Client shall provide the Lawyer with a power of attorney to the extent necessary to perform the agreed actions, in writing or electronically; the Lawyer shall have the right to require a power of attorney with an officially certified signature, if the nature of the representation so requires.
3.4 If the Agreement is concluded with the Client remotely (in particular, by e-mail, telephone, via a communication application or video call) without the simultaneous physical presence of the parties to the agreement, this is a distance agreement within the meaning of § 1820 of the Civil Code. Before concluding it, the lawyer shall familiarize the Client with the pre-contractual information in accordance with Art. II and shall provide him with these General Terms and Conditions, as well as, if necessary, a form for withdrawal from the agreement (Appendix No. 2) in text form.
3.5 Immediately after the conclusion of the distance contract, the lawyer will confirm its content to the client in text form at his request, if the contract was not concluded in text or writing.
3.6 If the client requires the lawyer to start providing legal services already during the withdrawal period (Article IV), he gives the lawyer his express consent in a form that allows it to be recorded (usually by e-mail; as specified in the sample in Appendix No. 3 or in the instructions within the framework of a specific electronic communication application). At the same time, the lawyer informs the client that with the full performance of the contract and the provision of such consent, the right to withdraw from the contract ceases (§ 1837 lit. a) of the Civil Code).

ARTICLE IV – THE CLIENT’S RIGHT TO WITHDRAW FROM THE DISTANCE CONTRACT
4.1 The Client-Consumer has the right to withdraw from the Distance Contract without giving any reason within 14 days from the date of its conclusion (§ 1829, par. 1 of the Civil Code).
4.2 For withdrawal, the Client-Consumer may use the form provided in Appendix No. 2 (however, this is not mandatory). For withdrawal, it is sufficient to send a message to the Lawyer in text form (in particular, by e-mail) or by mail to the contact details specified in Art. I. To comply with the deadline, it is sufficient to send a notification of withdrawal before its expiration.
4.3 In the event of the Client-Consumer’s withdrawal, the Lawyer shall, without undue delay and no later than 14 days from the date of receipt of the notice of withdrawal, return to him all funds received from him (in particular, the advance payment for the Fee) in the same manner in which they were received, unless otherwise agreed. Withdrawal from the contract does not cancel the Lawyer’s obligations to maintain confidentiality.
4.4 If the Client-Consumer has expressly requested the commencement of the provision of Legal Services before the expiry of the withdrawal period from the contract and then withdraws from it, he shall pay the Lawyer a proportional part of the agreed fee, calculated at an hourly rate, for the work performed up to the moment of withdrawal (§ 1834 of the Civil Code). The proportional part is calculated as the product of the agreed hourly rate and the number of hours actually spent by the Lawyer up to the moment of receipt of the notice of withdrawal; the same applies to costs already incurred in the interests of the Client-Consumer. The specified formula does not apply to the performance when the Attorney’s fee is calculated in accordance with the conditions of clause 3.2, third sentence.
4.5 The Client-consumer may not withdraw from the Agreement after its full performance, if the performance took place with his prior express consent (§ 1837 lit. a) of the Civil Code).
4.6 The Client-entrepreneur does not have the right to withdraw from the Agreement on the grounds of consumer rights protection; withdrawal is possible only on grounds provided for by law or in cases provided for by the Agreement.
ARTICLE V – SUBJECT AND SCOPE OF THE LEGAL SERVICES PROVIDED
5.1 The Attorney provides the Client with legal services to the extent that follows from the agreement of the parties, the power of attorney or individual instructions of the Client. In case of doubt, the scope is determined by the power of attorney.
5.2 The Attorney has the right to entrust the performance of individual actions to an employee or another attorney (substitution) in accordance with § 26 of the Law on the Bar; he shall inform the Client of this if the nature of the case so requires. In urgent cases, he may provide a replacement even without prior notice.
5.3 The lawyer has the right to cooperate with tax consultants, notaries, experts, translators or other specialists and provide them with the information necessary for the performance of their actions, always only to the extent that does not exceed the purpose of the cooperation and with the consent of the Client. The costs of such third parties shall be borne by the Client (see Art. VI).
5.4 The lawyer shall not be liable for the outcome of the case and shall not promise a specific result. He shall be liable for the proper and professional provision of legal services in accordance with the Bar Act, professional rules and generally binding legal norms.
5.5 The lawyer shall have the right to refuse to provide legal services on the grounds provided for in § 19 of the Bar Act (in particular, conflict of interest). He shall inform the Client of the refusal without undue delay.

ARTICLE VI – ATTORNEY’S FEES, COSTS AND PAYMENT TERMS
6.1 The Attorney’s fee is set as a contractual fee in accordance with § 22 para. 1 of the Act on the Bar; Regulation No. 177/1996 Coll., “Attorney’s Tariff”, applies only in cases where this is provided for in the Agreement or by law.
Hourly rate
6.2 Unless otherwise provided for in the Agreement, the basic hourly rate of the attorney is CZK 3,500 excluding VAT for each commenced hour of legal services provided. VAT is added to the rate in the amount established by law if the attorney is a VAT payer. Thus, the total amount of the basic rate including VAT is CZK 4,235. On weekdays from 18:00 to 07:00, on weekends and public holidays, the hourly rate is three times the basic hourly rate (i.e. CZK 10,500 excluding VAT – CZK 12,705 including VAT). The basic hourly rate may be further increased or decreased taking into account the nature of the case, as agreed upon by both parties in writing.
6.3 An hour is understood to be 60 minutes. An action lasting less than an hour is paid as 30 minutes.
6.4 All time spent on the Client’s case is paid, including studying materials, legal analysis, preparing submissions, negotiations with courts, authorities and third parties, negotiations with the Client, communication by e-mail or telephone, drafting documents; travel time is paid at 50% of the hourly rate, unless otherwise agreed.
Success fee
6.5 Unless otherwise stipulated in the Agreement, in addition to the hourly rate in accordance with Art. 6.2, a success fee of 15% of the awarded, paid, collected or otherwise received value of the performance that is the subject of the case shall be agreed upon. VAT shall be added to the success fee in the amount established by law. The success fee may also depend on the duration of the case; in such a case, it shall be determined by a written agreement between the lawyer and the client.
6.6 The success fee does not replace the hourly rate, but supplements it. The parties to the agreement acknowledge that such a combination complies with the professional standards of the Czech Bar Association (Art. 10 of the Code of Ethics), since the lawyer’s remuneration does not depend solely on the outcome of the case in a way that would jeopardize his independence.
6.7 The success fee does not apply to family law cases concerning alimony, as well as to cases the nature of which excludes participation in the outcome. In disputed cases, the parties to the contract shall separately agree on the fee.
Reimbursement of legal costs
6.8 Reimbursement of legal costs (in particular, compensation for representation by a lawyer) awarded to the Client in judicial, administrative or arbitration proceedings is part of the Lawyer’s remuneration and belongs to the Lawyer in the full amount of the awarded and collected amount, except for the hourly fee and possible success fee. The Client undertakes, if such awarded compensation is paid directly to him, to transfer it to the Lawyer without undue delay after receiving it.
6.9 The parties to the agreement expressly confirm that the provisions of clause 6.8 were individually discussed with the Client prior to the conclusion of the Agreement, the Client was directly informed of its meaning and economic consequences and agrees with it. The Lawyer, in particular, draws attention to the fact that the awarded compensation for legal costs may in individual cases be higher or lower than the amount corresponding to the hourly rate, and that the transfer of the right to reimbursement of costs to the Lawyer is a consequence of the nature of the agreed contractual fee.
Advance payment and payment term
6.10 The Lawyer has the right to demand an advance payment for the fee and for reasonably incurred costs before the start of the provision of legal services. The Lawyer is not obliged to take any action in the case until the advance payment is made, except for urgent actions.
6.11 The fee is payable on the basis of the settlement letter (invoice) within 7 days from the date of its receipt, unless a longer term is specified. The Lawyer sends the settlement letter, as a rule, every month; after the case is completed, he sends a final settlement letter.
6.12 The settlement contains a list of actions, the time of their implementation and the amount of remuneration for individual actions in an amount that allows the Client to verify the validity of the accrued remuneration. The Client is obliged to notify the Client of any objections to the settlement within 5 days of its receipt, otherwise the settlement is considered approved.
Expenses

6.13 In addition to the remuneration, the Client pays reasonably incurred cash expenses, in particular court and administrative fees, stamp duties, expert fees, translation costs, notary fees, travel expenses (travel costs, including motorway tolls and parking fees, accommodation, daily allowances in the amount established by law), postage, copying and printing costs (flat rate 4.5 CZK/page), fees for certification of signatures and documents. If the distance, time schedule of actions and intended services require the lawyer to be present on site with a margin of time, the Client agrees that the Lawyer in such case has the right to arrive on site.

ARTICLE VII – CLIENT’S INSTRUCTIONS, CONTACT PERSON AND COMMUNICATION
7.1 The Client shall provide the Lawyer with instructions in writing, by email, by telephone or via the communication applications specified in the Agreement (e.g. WhatsApp, Signal, Microsoft Teams). The Lawyer shall have the right to request written confirmation of the instruction, in particular in the case of instructions with significant legal or financial consequences. In the event of an unclear instruction or a clear instruction without its written confirmation, the Lawyer shall not commence work. This shall not affect the right to remuneration for the advice provided.
7.2 The Lawyer shall comply with the Client’s instructions. The Lawyer shall not carry out an instruction that is contrary to legal or professional standards and shall immediately inform the Client thereof. If the Lawyer considers the instruction to be clearly inappropriate or detrimental to the Client, he shall warn the Client thereof; if the Client insists on the execution of the assignment, the lawyer shall require its written confirmation.
Contact person and scope of exemption from the obligation to maintain confidentiality
7.3 The Client may, in the Agreement or in a separate written application, designate one or more contact persons in respect of whom the Lawyer is exempted from the obligation to maintain confidentiality to the extent specified by the Client; if the scope is not limited, the Lawyer is exempted from the obligation to maintain confidentiality in respect of the contact person in the full scope of the case in which the Client has designated him. The application shall contain the identification data of the contact person (name, surname, telephone, e-mail) and the scope of the exemption from the obligation to maintain confidentiality.
7.4 The Client declares that the contact person has been familiarized with this appointment and agrees with it, and is also responsible for maintaining confidentiality regarding the information received from the Lawyer. The Client may revoke or change this appointment at any time; revocation or change shall become effective for the Attorney from the moment of their sending in text form.

7.5 The Contact Person shall have the right, within the scope of the exemption from the obligation to maintain confidentiality, to receive information and documents from the Attorney. With regard to actions affecting the Client’s property rights (in particular, acceptance of an obligation, administrative actions, conclusion of a settlement agreement, waiver of legal remedies, receipt of funds), the Attorney shall have the right to act only on the basis of the direct instruction of the Client, and not of the Contact Person, except in cases where the Client has granted the Contact Person a special power of attorney.
Delivery
7.6 Notifications, demands and other actions under the Agreement may be carried out in writing (by post), by e-mail to the parties’ e-mail addresses or, if necessary, via an electronic mailbox.
7.7 A message sent by e-mail, SMS or via a communication application is deemed to be delivered no later than the second business day after sending, except in cases where the sender receives a notification of the impossibility of delivery. A message sent via an e-mail box is deemed to be delivered on the day of receipt in the addressee’s e-mail box. A message delivered by post is deemed to be delivered no later than the third business day after sending by registered letter to the party’s address specified in the Agreement or to the address of the registered place of location / permanent residence. In the case of delivery abroad – on the 15th day after sending.
7.8 The Client is obliged to immediately notify of any change in contact details. Prior to notification of the change, the Lawyer has the right to send a message to the last contact details provided.

ARTICLE VIII – DUTIES OF THE LAWYER
8.1 The Lawyer shall provide legal services properly and with professional diligence in accordance with the Law on the Bar, professional rules and generally binding legal norms and shall protect the legitimate interests of the Client.
8.2 The Lawyer shall maintain confidentiality regarding all circumstances that he has learned in connection with the provision of legal services, within the scope of § 21 of the Law on the Bar. The obligation to maintain confidentiality shall continue even after the termination of the Agreement.
8.3 The Client acknowledges that the statutory duty of confidentiality stipulated in the previous sentence is subject to certain exceptions, as set out in § 21 of the Bar Act, and covers cases where a legal dispute or proceedings before another body are pending between the Client and the Lawyer, when disciplinary proceedings are being conducted against the Lawyer before the bodies of the Czech Bar Association, when the Lawyer is fulfilling his duties as a taxpayer before the tax authorities or when he has a legal duty to prevent the commission of a criminal offence.
8.4 The Lawyer shall inform the Client, to an appropriate extent, about the progress of the case and about the essential circumstances.
8.5 The Lawyer processes personal data in accordance with the GDPR; for more detailed information, see the Principles of Personal Data Processing at https://bpplegal.eu/privacy-policy-en/.
8.6 The Lawyer performs his duties in accordance with Act No. 253/2008 Coll. (AML), in particular, carries out the identification and verification of the Client; the Client provides the necessary assistance for this. The Client acknowledges that the activities subject to control within the meaning of the AML are also not subject to the obligation of confidentiality pursuant to § 21 of the Bar Act. The activities subject to control include, in particular, the custody of money, securities or other property of the Client, actions on behalf of or at the expense of the Client in the purchase or sale of real estate, a business or part thereof, the management of money, securities, shares in capital or other property of the Client, as well as the establishment, management or conduct of the economic activity of a trading company, business association or other similar association, tax advice.

ARTICLE IX – CLIENT’S OBLIGATIONS
9.1 The Client shall provide the Attorney with all necessary cooperation for the proper provision of Legal Services, in particular by timely and truthfully reporting all material circumstances and submitting all documents and evidence at his/her disposal.
9.2 The Client shall immediately notify the Attorney of circumstances that may affect the provision of Legal Services (change of contact details, receipt of documents from the opposing party or the court, proposals for amicable settlement, performance of obligations by the opposing party, etc.).
9.3 The Client declares that the data and materials provided by him/her are true, complete and up-to-date, and shall be liable to the Attorney for damages caused by their untruthfulness, incompleteness or irrelevance.
9.4 The Client shall duly and timely pay the Fee and expenses in accordance with Art. VI.

ARTICLE X – LIABILITY FOR DAMAGES
10.1 The Advocate shall be liable to the Client only for damages caused in connection with the provision of legal services pursuant to § 24 of the Bar Act, which he caused as a result of a culpable breach of his duties (and not as a result of innocent actions). In this case, he is insured with the company [WI-ASS s.r.o.] with an insured amount of CZK 11,500,000 per insured event.
10.2 ATTENTION: The Advocate’s insurance coverage is CZK 11,500,000 per insured event. If the estimated value of the case exceeds CZK 10,000,000, the Advocate shall expressly warn the Client thereof and recommend that the Advocate consider the possibility of concluding additional insurance for a higher insured amount for a separate fee or, if necessary, alternative security. This warning does not limit the Advocate’s liability.
10.3 The Lawyer shall be liable for damages to the Client (whether a consumer or an entrepreneur) within the meaning of § 24 of the Bar Act and the general provisions of the Civil Code; the Lawyer’s liability shall be limited to an amount not exceeding the amount paid by the relevant insurance company under the Lawyer’s professional liability insurance. If the Lawyer’s insurance company refuses to satisfy the Client’s claim, the Lawyer’s liability shall be limited to the amount paid by the Client to the Lawyer for legal services already provided to the Client. The Client and the Lawyer also agreed that in the event of any breach of these General Terms and Conditions and/or the legal services agreement by one of the parties to the agreement, the other party to the agreement shall have the right to claim compensation only for the actual damage caused to it, and not for lost profits (for the purposes of these General Terms and Conditions and/or the legal services agreement, lost profits shall mean, in particular, loss of commercial opportunity, inability to use property, loss due to interruption or suspension of production, etc.)
10.4 The Lawyer shall not be liable for losses arising from the provision of false, incomplete or outdated information by the Client, for losses arising from the Client’s breach of his/her obligations under the Agreement, as well as for losses arising from circumstances excluding liability (§ 2913, Clause 2 of the Civil Code).
ARTICLE XI – STORAGE OF FUNDS AND DOCUMENTS
11.1 The storage of funds, securities and documents is not regulated by these General Terms and Conditions. For storage, the Attorney shall conclude a separate written attorney storage agreement that complies with the professional rules of the Czech Bar Association (ČAK) on storage and the related implementing regulations.
11.2 The storage fee is agreed separately in the storage agreement and is not part of the Remuneration pursuant to Art. VI, unless otherwise agreed.

ARTICLE XII – TERMINATION OF THE AGREEMENT
12.1 The Agreement shall terminate:
a) upon performance (provision of agreed legal services);
b) upon expiry of the term for which the Agreement was concluded, if it was concluded for a fixed term;
c) upon written consent of the parties;
d) upon termination by the Client for any reason or without specifying a reason (§ 20, Part 1 of the Law on the Bar); shall enter into force on the date of delivery to the Lawyer;
e) upon termination by the Lawyer for the reasons provided for in § 20, Part 2 of the Law on the Bar (breach of the necessary trust, failure to provide cooperation, failure to pay the relevant advance payment, etc.);
f) upon withdrawal from the agreement for the reasons provided for by law (in particular, by the Client-consumer within a 14-day period in the case of a distance contract);
g) termination of the Lawyer’s activities without a successor or his exclusion from the list of lawyers of the Czech Bar Association (ČAK).
12.2 Within 15 days from the date of termination of the Agreement by termination, the Lawyer is obliged to take urgent actions necessary to protect the rights and legitimate interests of the Client, unless the Client expressly informs that these actions should not be taken.
12.3 Upon termination of the Agreement, obligations that by their nature should continue after that shall not be terminated, in particular, the obligation to maintain confidentiality, payment of already accrued fees and expenses, as well as settlement of issues of liability for damage.
12.4 After termination of the Agreement, the Lawyer shall, at the Client’s request, issue documents that the Client has provided to him, as well as documents received from courts, authorities or third parties. The Lawyer has the right to retain copies of them for archiving purposes and protection in the event of a possible dispute.
12.5 In addition to termination pursuant to Art. IV, either party to the Agreement shall have the right to terminate the Agreement if the other party has materially breached the Agreement (§ 2001 and § 2002, item 1 of the Civil Code); a material breach is a breach of an obligation of which the party breaching the Agreement knew or should have known at the time of its conclusion that the other party would not have concluded the Agreement if it had foreseen such breach; otherwise, the breach is deemed not to be material.
12.6 A material breach of the Agreement by the Client shall be deemed to include, in particular:
a) the Client’s delay in paying the Fee or advance payment exceeding 30 days after the due date;
b) repeated failure to provide cooperation pursuant to Art. IX, despite the Lawyer’s written warning and the provision of a reasonable additional period;
c) reporting of knowingly false or grossly distorted facts affecting the provision of Legal Services,
d) rude behavior of the Client towards the Lawyer or another employee of the firm.
12.7 A material breach of the Agreement by the Lawyer shall be deemed to be, in particular, a repeated or gross breach of the obligation to provide Legal Services with professional diligence in accordance with Article VIII, if, despite the Client’s written request, the situation has not been rectified within a reasonable additional period.
12.8 Withdrawal from the Agreement must be made without undue delay after the party entitled to withdraw has learned of the material breach of the Agreement (§ 2002 Part 1 of the Civil Code), and in writing; it shall enter into force on the date of its delivery to the other party. Given that the Agreement provides for continuous or periodic activity, its termination shall be effective only for the future (§ 2004, paragraph 3 of the Civil Code); this shall not affect the rights and obligations that arose before the termination, in particular the Attorney’s right to remuneration and reimbursement of expenses for legal services provided at that time.
12.9 Withdrawal from the Agreement shall not terminate the rights and obligations that by their nature should continue after its termination, as well as the right to compensation for damages arising from the breach of a contractual obligation (§ 2005, paragraph 2 of the Civil Code), in particular the obligation to maintain confidentiality and the provisions on liability for damages, as well as on the applicable law and jurisdiction.
12.10 If either party withdraws from the Agreement in accordance with this Article, the Lawyer shall, within 15 days from the date of withdrawal, take urgent actions necessary to protect the rights and legitimate interests of the Client in accordance with Article 12.2, unless the Client informs that he does not insist on this.

ARTICLE XIII – PROTECTION OF PERSONAL DATA
13.1 More detailed information on the processing of personal data is contained in the document “Personal Data Processing Policy”, available at https://bpplegal.eu/privacy-policy-ua/ [URL] and upon request at the Attorney’s office. This document fulfills the information obligation pursuant to Articles 13 and 14 of Regulation (EU) 2016/679 (GDPR).
ARTICLE XIV – OUT-OF-COURT DISPUTE RESOLUTION
14.1 The consumer client has the right to out-of-court settlement of a consumer dispute arising from the Agreement. The entity with subject matter competence is the Czech Bar Association, Národní 16, 110 00 Prague 1, www.cak.cz (§ 20d of Act No. 634/1992 Coll. on Consumer Protection).
14.2 The Consumer Client may also use the online dispute resolution platform maintained by the European Commission at https://ec.europa.eu/consumers/odr/.
14.3 The lawyer will consider the complaint regarding the legal services provided without undue delay, no later than 30 days from the date of its receipt.

ARTICLE XV – APPLICABLE LAW AND JURISDICTION OF THE COURT
15.1 The Agreement and these General Terms and Conditions are governed by the law of the Czech Republic. The application of conflict of laws rules is excluded. This does not affect the mandatory provisions that apply to the Consumer Client regardless of the choice of law (in particular, Art. 6 of the Rome I Regulation).
15.2 For disputes between the Lawyer and the Consumer Client, the local jurisdiction of the court is governed by the general provisions pursuant to § 84 et seq. of the Code of Civil Procedure.
15.3 In the event of disputes between the Lawyer and the Entrepreneurial Client, the jurisdiction of the court shall be governed by the Code of Civil Procedure; the parties to the contract may agree in a separate Contract on the jurisdiction of the general court at the location of the Lawyer (§ 89a of the Code of Civil Procedure). In the absence of such an agreement, the general provisions on local jurisdiction shall apply.

ARTICLE XVI – SPECIAL REGIME OF COOPERATION WITH ANOTHER LAWYER (SUBCONTRACTING)
16.1 This article applies only if the Lawyer provides Legal Services not directly to the Client, but in the form of a subcontract for the Client-Lawyer, who is a party to a contract for the provision of legal services in relation to his (final) client. In this relationship, both the Lawyer and the Client-Lawyer act as entrepreneurs; the principle of freedom of contract applies in full and consumer protection provisions do not apply.
16.2 The Lawyer relies on the materials and information provided to him by the Client-Lawyer and relies on their completeness and accuracy. The Client-Lawyer remains a party to the contract and the bearer of the obligation to maintain confidentiality in relation to the final client. The Advocate shall provide legal services to the extent specified by the Client-Advocate and shall comply with his instructions, unless they conflict with statutory or professional standards; this shall not affect the Advocate’s own liability for the professionalism of the work performed and his own duty of confidentiality pursuant to § 21 of the Bar Act.
16.3 The Advocate’s liability for damage to the Client-Advocate shall be limited to the amount of insurance compensation actually due to the Advocate, but not more than the amount of insurance coverage pursuant to Art. 10.1; this shall not apply to damage caused intentionally or through gross negligence. The Client-Advocate shall take note of the Lawyer’s insurance limit and shall be responsible for his own insurance coverage to his client.
16.4 In the event of a delay by the Client-Lawyer in paying any amount, he shall be obliged to pay a default interest in the amount prescribed by law and a contractual penalty of 0.1% of the amount owed for each day of delay; this shall not affect the right to compensation for damages.
16.5 For the resolution of disputes between the Lawyer and the Client-Lawyer, the general court at the location of the Lawyer shall have local jurisdiction in accordance with § 89a of the Code of Civil Procedure.
16.6 The Client confirms that he has read the General Terms and Conditions, understands them and does not consider any of their provisions to be unexpected within the meaning of § 1753 of the Civil Code; the provisions of § 1751 part 2 of the Civil Code shall apply accordingly.

ARTICLE XVII – FINAL PROVISIONS
17.1 The Agreement together with these General Terms and Conditions and all annexes constitute the entire agreement of the parties with respect to the subject matter hereof. Agreements that are not part of the Agreement or the General Terms and Conditions are not valid unless they have been concluded in writing with reference to the Agreement.
17.2 These General Terms and Conditions may be amended at any time by the Attorney; the amendment shall apply only to Agreements concluded after its entry into force. With respect to existing Agreements, an amendment to the General Terms and Conditions shall only be valid if it has been agreed in writing; unilateral amendment of the General Terms and Conditions by the Attorney is excluded.
17.3 The parties to the agreement shall resolve disputes primarily by means of amicable settlement.
17.4 If any provision of these General Terms and Conditions is invalid, void or unenforceable, this shall not affect the other provisions. The parties to the contract undertake to replace the relevant provision with a valid provision that most closely matches the stated provision in terms of its content and economic purpose.
17.5 These General Terms and Conditions shall enter into force on […]. The Attorney shall retain all versions of the General Terms and Conditions for the period necessary to confirm the content of the contractual relationship.

In Prague

______________________________
JDr. Jiri Pokorny, Ph.D., attorney-at-law

_________________________________________
Mgr. Adam Buchta, attorney-at-law

ANNEX No. 1
CONTRACTUAL INFORMATION FOR THE CUSTOMER-CONSUMER
(Section 1811 and Section 1820 of the Civil Code)

1. The name of the Attorney who took over the case: [Name, company ID, legal address, ČAK registration number]; contact: tel. [..], e-mail [..].
2. The main subject of the service: provision of legal services in the scope agreed in the Agreement/Power of Attorney.
3. Price of the service: hourly rate of 3,500 CZK excluding VAT per hour of legal services or a success fee of 15% excluding VAT of the awarded, paid, collected or otherwise received value of the performance. Compensation for legal costs awarded in the proceedings is part of the Attorney’s fee. The Client shall also pay his own costs (court fees, expert opinions, travel expenses, etc.).

4. Estimated total hours / estimated total cost of the case: [add if possible]; If it is not possible to provide an estimate, the Client’s Lawyer shall state that the number of hours depends on the progress of the case and shall send regular monthly statements.

5. Costs for means of distance communication: each party shall bear them in its own area (standard rates).

6. Payment method: by bank transfer to the Lawyer’s account [..] based on the statement with payment within 7 days; advance payment may be agreed.

7. Duration of the obligation: for the period of provision of legal services in the case; termination by consent, notice or refusal due to a material breach of the Agreement (Article XII of the General Terms and Conditions).

8. Right to withdraw from a distance contract: 14 days from the date of conclusion of the Contract (Article IV of the General Terms and Conditions); form – Appendix No. 2. The right to withdraw ceases to be valid after the full performance of the service with prior express consent.

9. Out-of-court dispute resolution: Czech Bar Association, Národní 16, 110 00 Prague 1, www.cak.cz; EU ODR Platform: https://ec.europa.eu/consumers/odr/.
10. Availability of quality guarantees: does not apply to legal services; the lawyer is liable for damage in accordance with Section 24 of the Bar Act (Article X of the General Terms and Conditions).
11. Protection of personal data: Principles of personal data processing at the link: https://bpplegal.eu/privacy-policy-en/.

ANNEX 2
TEMPLATE FOR FORM FOR WITHDRAWAL FROM THE CONTRACT
(Fill out and send this form only if you wish to withdraw from the contract; fill in the details of the lawyer specified in the contract/power of attorney)

Recipient: [Lawyer’s name], lawyer, IČO [..], registered office [..], e-mail: [..], DS ID: [..].

I hereby declare my withdrawal from the contract for the provision of legal services concluded with …………………………………………
Client’s name and surname: ………………………………….
Client’s address: ………………………………….
Email / telephone: ………………………………….
Date: ………………………………….
Client’s signature (if the form is sent in paper form): …………………………………..

Note: if you have expressly requested the commencement of the provision of legal services before the expiry of the 14-day withdrawal period, you are obliged to pay a proportional part of the agreed fee for the performance provided up to the moment of withdrawal (Article 1834 of the Civil Code).

ANNEX No. 3
EXPRESS CONSENT TO COMMENCE THE PROVISION OF LEGAL SERVICES BEFORE THE EXPIRATION OF THE WITHDRAWAL PERIOD
(Section 1834 and Section 1837 letter a) of the Civil Code)

I, the undersigned [name and surname of the consumer], date of birth [..], address [..],
as a client within the meaning of Section 419 of the Civil Code, who [..] concluded a distance contract for the provision of legal services with the lawyer [name, ČAK registration number], hereby:

1. I expressly request the lawyer to commence the provision of the legal services agreed in the above-mentioned contract within 14 days from the date of conclusion of the contract, i.e. before the expiry of the statutory period for withdrawal from the distance contract pursuant to Section 1829 paragraph 1 of the Civil Code.
2. I confirm that in the event of withdrawal from the contract within 14 days, I am obliged to pay the lawyer a proportional part of the agreed fee for the work performed up to the date of the withdrawal; the amount of this proportional part is calculated as the product of the agreed hourly rate and the number of hours actually spent by the lawyer.

3. I also confirm that after the contract has been fully performed with my express consent, the right to withdraw from the contract pursuant to point a) of Article 1837 of the Civil Code shall cease to be valid.

Date ………………. Date ………………

______________________________________
[Name and surname of the consumer]

This form can also be sent electronically by e-mail or other means of electronic communication.