Article 1 -
Assignment
1.1 Amparo’s.
Amparo’s Law
Firm & Business Consultants is a Partnership with limited private
liability .
Hereinafter is
understood as Amparo’s Law Firm & Business Consultants ( Amparo’s )
, the members of the partnership and all of the lawyers, as well as
all the consultants connected with the Firm and other employees
1.2 Client and assignor.
The person on
behalf of whom work activities are carried out will be considered to
be the client .
If the
assignment is given by anyone other than the client , the assignor
as well as the client is principally obligated to all payment that
is due to the attorney .
1.3 Assignment.
Client hereby
appoints Amparo’s as its true attorney in fact, with full powers of
substitution, revocation and the power of appointment of associate
attorneys for all those matters which constitute legal services. A
commitment will occur between the client and the firm upon an
attorney's acceptance of an assignment.. Accepting an assignment
will lead to an attorney’s commitment to act on the client's behalf,
rather than a commitment to a result. The attorney will carry out
the assignment with required carefulness.
Unless explicitly otherwise agreed, the firm is free to decide
which attorney will execute an assignment
1.4 Legal Services
Legal services
will only be performed by Amparo’s for matters specifically
requested by Client
and explicitly
referred to in the agreement .
Article
2 -
Confidentiality
The attorneys, as well as the other office employees are obliged to
treat all the details of the cases handled by the office with
confidentiality.
Article 3 -
Intellectual
Property
The client is
not allowed to disclose, duplicate, exploit or distribute in any
form whatsoever, whether to or through the engaging of a third
party, the advice, contracts, or other products of the mind produced
by the attorney, without prior written permission from the attorney.
Article
4 -
Finances , Fees and Disbursements
4.1 Finances,
Client shall guarantee that she/he has sufficient funds to meet it’s
commitments to Amparo’s in a timely manner.
4.2 The attorney will be due fees and disbursements. Understood as
part of retainers are: payment of costs to be specified, such as
court registration fees, travel and lodging costs, valuation costs,
legal fees, registration fees as well as costs of solicitors,
bailiffs, couriers, etc.
4.3 Payment of non-specified office costs such as post, telephone,
telefax and copying, etc. will be cumulatively calculated as 3% of
the fees.
4.4 The agreement of applicable fees between the attorney and client
shall be confirmed in writing by the attorney. In all other cases,
the fee will be calculated according to the standard annual hourly
fees of the firm. This standard hourly fee will be determined by the
firm and is available from the attorney upon request. If the
assignment extends over many years, the standard hourly fee set for
that year will be applicable.
4.5 The attorney can legally require a fee and retainer before
beginning the work. This retainer will be accounted for in the final
invoice.
4.6 Payments for services are Non Refundable .
If for any
reason Client decides to terminate an agreement , Amparo’s shall
not be bound to make any refunds for payments already received .
Article
5 -
Invoices and suspension of work
5.1
Invoices. Complaints regarding an invoice, under penalty of
expiry, must be submitted in writing before the payment terms as
stated in Art. 6. As long as the assignment is not completed, the
attorney is entitled to continue invoicing.
5.2 Suspension of work. If an invoice is not settled within the
payment term as stated in Art. 6, all of the attorneys in the office
have the legal right to suspend their work activities on the
specific case as well as any other assignments that involve that
client. Amparo’s is not liable for damage, material or intangible,
which results from the suspension of work activities
Article
6 -
Payment terms, interest and collection fees
6.1 Payment
terms and interest. Invoices must be settled within 7 days after
the date of issuance. Failure to do so will result in the client
and the assignor being in default and will be charged a legal
interest rate of 0.01 % per day over the amount owed.
6.2 In case of Client being in default , Amparo’s shall have the
right to deduct the amount owed for fee’s , direct costs and other
charges , from any account or funds that belong to Client and are
under the control of Amparo’s .
6.3 Collection fees. If steps must be taken for fee collection,
15% will be charged over the amount owed, with a minimum of Rp
5.000.000 - , as well as all the collection fees.
Article 7 – Third Party Payment
and Trust Account
7.1 Funds received by the attorney on behalf of Client will be
deposited in a bank account
especially designated for this purpose ( Third Party Payment
Account )
Unless otherwise agreed in writing , no intrest will be paid to
Client on funds in this account .
7.2
Trust Account. Amparo’s provides Trust Account for clients .
A service charge of 2 % to recover business management costs is
applicable for each amount deposited , whereas any bank intrest
earned on this account will be retained by Amparo’s.
Article
8 -
Termination & Archives
8.1
Termination, The Agreement automatically will terminate when
Attorney has provided the services, without any further act or
communication by either Attorney or Client. It is Amparo’s's right
to stop representing Client when Amparo’s has met his obligations.
8.2 Termination by Client . Client may terminate an Agreement for
any or no reason, but Client still will be legally bound to meet
all obligations under the Agreement to Amparo’s , including the
obligation to pay to Amparo’s the agreed-upon attorney's fee to the
extent it has been earned.
8.3 Release and Discharge, In case of termination of agreement by
Client , Client hereby gives
a full release
and discharge to Amparo’s for any claims, suits, liabilities,
actions, charges , damages, demands, claims for relief or
renumeration of any kind whatsoever from any party which arises out
of or is in any way connected to the said termination .
8.4 Termination by Amparo’s. Amparo’s may terminate this Agreement
if, in Attorney's sole judgment, Client has failed to fulfill one of
Client's material obligations under this Agreement, or for other
good cause, or for any other reason authorized by law (including the
ethical rules that govern lawyers).
8.5 Termination Date, The effective date of the termination will be
date when it is executed by both parties. Unless another agreement
is made between attorney and client, within 14 days after the date
of termination, the case files will be returned immediately after to
Client.
Article
9 -
Obligations of Client
To enable Amparo’s to represent Client effectively, and to reduce
the costs of the representation, Client agrees:
a)
At Amparo’'s request, to provide and to help Attorney obtain all
information (in whatever form it may appear) that Client or someone
to whom Client may make an appropriate request possesses;
b)
To make himself or herself available for any meetings, interviews,
or other events that Attorney requires, including at Attorney's
office if requested;
c)
To carefully consider Attorney's advice before making any major
decisions;
d)
To make himself/herself available to provide sworn testimony, e.g.,
in a deposition, affidavit, trial or other proceedings, when
Attorney requests this.
e)
To immediately tell Attorney if and when Client moves (changes
residences), changes jobs, changes a phone number or other
electronic means of communication, or otherwise makes it difficult
for Attorney to communicate with Client;
f)
To inform Attorney about any new developments or information in the
matter, e.g., court notices, letters from the opposing party, new
factual developments, or other similar developments;
g)
To respond to Attorney's communications (Letters, telephone calls,
or other forms of electronic forms of communication) as soon as
reasonably possible;
Article
10 -
Possible Conflicts of Interest
If Amparo’s determines that he already represents another client
whose interests conflict, or are likely to conflict, with Client's
interests, Amparo’s reserves the right to terminate this Agreement,
while protecting the confidentiality of any privileged information
that Client has provided to Amparo’s
Article 11 –
Indemnity and Disclaimer
11.1 Indemnity. Client shall indemnify and hold harmless Amparo’s
from and against all claims , any suits , liabilities , charges ,
financial loss , tangible or intangible damages and claims of any
kind whatsoever form any party which arise out of, or in any way are
connected , to services provided to Client .
11.2 Disclaimer. Amparo’s expressly disclaims any liability to
Client and any/all third parties for any damage or loss caused to
Client and any/all third parties arising out of the use of Amparo’s
services by Client . This includes but is not not limited to : any
failure to comply with the Clients instructions whether oral or
written , such as : non receipt, errors or ambiguity therein with
respect to the use of facsimile , emails , and other mails of
anykind whatsoever .
Article
12 -
Client's Informed Consent
Client has
carefully read this Agreement and considered the additional
information and advice that Attorney has provided to Client. Client
understands the possible risks and benefits of the service
representation described in this Agreement. Understanding those
possible risks and benefits, Client voluntarily, knowingly and
intentionally enters into this Agreement with Amparo’s. Indonesian
Law shall apply to this agreement and is binding for both parties .
In the event
of any conflict between the Indonesian text of these general
conditions and the text of any translation thereof, the Indonesian
text shall prevail.