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Terms and conditions

DEFINITIONS

Raluca Pocovnicu Law Firm is a private company established in accordance with Dutch law, with the aim of carrying out legal activities.
The Raluca Pocovnicu law firm is located in Rotterdam.
These general terms and conditions apply to all mandates accepted by our law firm and to all other activities of the firm.

By granting a mandate to the lawyer Pocovnicu Raluca, the client expressly declares that he has read these terms and conditions and that he agrees with them.

The legal relationship between the client and the Raluca Pocovnicu Law Firm is subject to Dutch law.

The execution of the mandate by the lawyer is done exclusively for the benefit of the client.
The Raluca Pocovnicu law firm will exercise due diligence when hiring third parties that are not part of its organization and will consult, as reasonably possible, the client in choosing these third parties. These general conditions are also established for the benefit of any third party who is involved in the performance of any task, whether in an employment relationship or who is or may be responsible in connection therewith. Costs associated with the involvement of third parties will be billed to the customer.
In exceptional situations in which lawyer Pocovnicu Raluca will have to be absent from his law office, in situations of illness or other force majeure situations, his legal activity will be taken over by his colleague, lawyer Pocovnicu George-Bogdan.

Everything that comes to the knowledge of the lawyer Pocovnicu Raluca in the course of the relationship with his client, will fall under the obligation of confidentiality. Lawyer Pocovnicu Raluca will take all necessary measures to preserve confidentiality and secrecy during the performance of the mandate, but also afterwards. However, unless otherwise agreed in writing, the customer grants permission for all currently customary means of communication to be used for communication, in particular internet and e-mail applications. Their use is at the customer’s risk, except in the case of intent or gross negligence.

FEES AND BILLING

The Raluca Pocovnicu law office does not work on the basis of subsidized legal assistance. If the client wishes to work on a subsidized legal aid basis, we recommend that they approach another law firm that works on this basis.
The fee can be set globally, for each mandate or based on the hours worked, multiplied by the applied rates.
The payment term is 14 days from the date of the invoice. If the invoice is not paid in a timely manner, Raluca Pocovnicu Law Firm has the right to charge legal interest without further notice of non-compliance. An advance may be requested at any time for work carried out or to be carried out.

When it is agreed to apply an hourly fee, upon submission of an invoice, the client will receive an indication of the hours worked, rounded to 6-minute units, as far as possible. If working on an advance basis, the customer will in principle receive the specification together with the final invoice. An intermediate time specification will be provided to the customer upon request.
Legal services may be suspended if the advance invoice is not paid. All costs, both judicial and extrajudicial, for the collection of invoices are borne by the customer.

The activities of the lawyer Pocovnicu Raluca, for which invoices are issued for the execution of the mission, include:

managing telephone conversations with the client and/or others, in order to fulfill the mission;
managing incoming correspondence, including incoming e-mail;
editing sent correspondence, which also includes sent electronic mail;
searching and studying doctrine and jurisprudence;
studying (procedural) documents and correspondence submitted by the client, financial documents and all other documents. Written documents also include electronic files;
conducting discussions inside and outside the office;
participation in hearings;
drawing up procedural documents;
visiting detention centres, police stations and prisons;
travel times to and from hearings;
out-of-office discussions and appointments, including waiting times at courts, detention centres, police stations, etc.

RETENTION PERIOD

The Raluca Pocovnicu law office stores documents, files and data carriers within the legally established terms.
The retention period for files (procedural documents, other than shadow documents in criminal cases, correspondence and relevant agreements) is five years, starting from the date of the final message to the client or from the date of final notification of a court decision. to which the work refers. Financial data will be kept for at least 7 years.

After the period expires, the files will be destroyed. The retention period can only be changed by another written agreement. In the absence of such an agreement, Raluca Pocovnicu Law Firm is released from the retention obligation after five years.

CHANGES TO THESE TERMS AND CONDITIONS

These terms and conditions apply until they are modified and such modification will be communicated to the customer in writing. In any case, the Raluca Pocovnicu Law Firm has the right to adjust the rates starting from January 1 of each year. If this happens, the customer will be informed as soon as possible.

SECURITY AND PRIVACY

By granting a mandate to the Raluca Pocovnicu Law Firm, the client gives it permission to process personal data for the execution of the contract and the administration and management tasks of the Raluca Pocovnicu Law Firm. This personal data is accessible only to Raluca Pocovnicu Law Firm and will not be provided to third parties, unless Raluca Pocovnicu Law Firm is required to do so by law or by a court order.

To the extent that the Raluca Pocovnicu Law Firm processes personal data on behalf of the client, it will do so as a personal data processor, in accordance with the General Data Protection Regulation (GDPR) and the Act implementing the Regulation General Data Protection Regulation (GDPR). The client will comply with all obligations incumbent on him as a responsible person within the meaning of the GDPR and UAVG for this data processing and indemnifies the Raluca Pocovnicu Law Firm against any action based on non-compliance with these obligations.

The Raluca Pocovnicu law firm implements appropriate technical and organizational measures to protect personal data against loss or any form of illegal processing. These measures guarantee an adequate level of security, taking into account the state of the art and the costs of implementation, taking into account the risks associated with the processing and the nature of the data to be protected.
Raluca Pocovnicu law firm processes the personal data of its clients and the people who work there for optimal services and compliance with legal obligations. For more information, see: https://pocovnicu-law.com/privacy-policy/