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Terms of Engagement

Merz Law provides legal services to companies and individuals for which we charge our time in the manner described below.

      1. 1. Our time will be charged by reference to the table of the Bar of Lawyers in Málaga/Spain and/or to the hourly rate set out in the Engagement Letter. We record time in six-minute units, and if time recorded on any occasion is less than six minutes or a multiple of six minutes, then the time recorded will be rounded up to the next six minutes. We reserve the right to change our hourly charge rates upon one month‘s prior notice in writing.

 

          1. 2. In certain types of work it may be appropriate to agree a fixed fee in advance or a fee which relates to the value of the matter. In such a case the agreed fixed fee will be recorded to the client in our Engagement Letter. We reserve the right to charge instead according to our hourly rates as set out in paragraph 1.

 

          1. 3. Usually we do incur disbursements on behalf of the client and in relation to the legal services we provide. These disbursements may include charges with respect to international phone calls, couriers, photocopying, scanning, secretarial services, counsel’s fees, expert witnesses, accommodation, travel and other third party charges.We are entitled to invoice those costs of disbursements and may ask our clients to provide us in advance with sufficient funds to cover such expenses.

 

          1. 4. We will invoice the client for the provision of legal services on a monthly basis or at such other time as is appropriate in the circumstances.
            Our invoice will contain a detailed description of the work undertaken, any disbursements and the amount of fees due. All our invoices are statutory invoices unless expressly marked ‘Interim Invoice’ and are payable within 30 days from the date of issue. Disbursements-only invoices are payable on receipt. Interest of 4% above the Spanish banking rate will become payable on all overdue amounts. We trust not, but should it ever become necessary for us to instigate legal proceedings to recover unpaid amounts the clients agree that the full costs of such proceedings shall also be payable by them once incurred.

 

          1. 5. When we are instructed by or on behalf of more than one person or company to deal with any particular matter, each person or company for whom we act will be jointly and severally liable for payment of the full amount of our fees, disbursements and VAT.

 

          1. 6. The monetary values referred to in the Engagement Letter and these Terms are exclusive of VAT. In appropriate cases we may need to ask the client for a payment on account of costs, disbursements and VAT. The amount that we will require will depend on the circumstances and will be notified to the clients once we have been able to access their requirements. We will then issue a ‘costs on account statement’ for the requisite amount.These monies will be retained in our client account. We are entitled to use money from this client account as payment for sums due. From time to time we may ask the client to replenish the client account so that it does not fall below an agreed amount. Any funds in excess of our charges will be returned to the client after the completion or termination of our services. If costs on account are required, we reserve the right not to commence or continue work until receipt of money.

 

        1. 7. Money Laundering Regulations: We are obliged to comply with the Money Laundering Regulations, and as a result we must obtain the relevant documentary proof as to your identity before we can represent you. This information must be renewed every three years. The information we require is determined by the type of entity you are. In order to discharge our obligations under these Regulations, we may ask you to produce certain original documents or ask you to supply us with copies of the same suitably certified by another solicitor or other regulated professional. In some cases we are also obliged to ascertain your beneficial ownership.

 

If you would like to discuss any aspect of service with us please do not hesitate to contact us.

Merz Law