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GENERAL CONDITIONS OF AMPARO’S

Applicable to all agreements and instructions
made by and between Client and Amparo’s

 

 

These General Conditions are  applicable to all agreements and instructions ( including without limitation, supplemental and further instructions ) rendered to and accepted by Client and Amparo’s.

 

Article 1 - Assignment

1.1 Amparo’s.

Amparo’s Law Firm & Business Consultants  is a Partnership  with limited private liability. No collective liability, each and every consultant & lawyer, dedicated their own “ personal responsibility“ for providing excellent services

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 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 interest 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,Unless otherwise agreed in writing,The term of all non litigations Agreement is for 90 days, those agreements shall become effective immediately upon signing,and automatically will terminate without any further act or communication by either Amparo’s or Client.   

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 Amparo’s fee. As long as the invoices are not settled, the Amparo’s is entitled to continue invoicing.

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 of the sending date,if send by post must stamp by post.

 

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 Rules of Law is binding for both parties upon signing of those agreements. ( the Arbitrage of the Indonesian shall have exclusive jurisdiction over any dispute which may arise between Amparo’s and a Client. )

 

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.


AMPARO’S LAW FIRM & BUSINESS CONSULTANTS
BALI – JAKARTA - YOGYAKARTA
JANUARY 2006

 



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