The purpose of the provision of professional services by RADiA ASESORES, S.L. is established, in general, in the corresponding Proposal of Professional Services and Fees (“Proposal”) presented each time we accept to provide services to a person or entity (the “Client”) in relation to a professional assignment (“Assignment”), and in which, among other aspects, the corresponding fees are determined. This document sets forth the General Terms and Conditions (“Terms”), which supplement any Proposal, governing the provision of our professional services.
Without prejudice to any modifications that may be agreed with the Client and that will be included in the corresponding Proposal, these Conditions constitute an integral part of the agreement on our professional relationship.
1. Professional Relationship
Any professional assignment made to RADiA ASESORES, S.L., even in the case of express or tacit indication that the assignment is to be carried out by a particular professional, is understood to be made exclusively to RADiA ASESORES, S.L. This is without prejudice to the fact that certain services may be contracted and carried out by third parties, and RADiA ASESORES, S.L. will be responsible for their coordination.
RADiA ASESORES, S.L. provides exclusively professional services of general legal advice and its only intervention in the activities of its clients, economic or otherwise, will consist of general legal advice.
The services will always be rendered for the exclusive benefit of the Client, who undertakes to provide any collaboration necessary for the fulfillment of the assignment.
RADiA ASESORES, S.L. only advises on Spanish law, whether common, state or regional. Any reference to foreign law cannot be considered as a legal opinion given by RADiA ASESORES, S.L.
The provision of our services will always be carried out by one or more partners of RADiA ASESORES, S.L., who will be entrusted with the main responsibility of ensuring the adequate and efficient provision of the advisory services requested at any given time.
One of the objectives of RADiA ASESORES, S.L. is to guarantee the highest quality in the provision of professional services to the Client, with transparent invoicing. For this reason, the professional responsible for the matter will be fully available to provide any clarifications that the Client may require in relation to the provision of our services and their invoicing.
2. Fees and expenses.
In the event that the invoicing criterion is by the hours incurred in the execution of the assignment, the applicable fee rates for each of the professionals involved in the provision of the services shall be broken down at the Client’s request.
For clarity RADiA ASESORES, S.L. will inform the Client on a monthly basis of the number of hours incurred and their cost.
The Client is obliged to reimburse RADiA ASESORES, S.L. for all expenses and substitutes incurred in the execution of the assignment, which will be duly justified and invoiced independently, unless otherwise agreed and expressly stated in the Proposal.
In the event that the need or convenience of an extraordinary expense or supply is appreciated, we shall refrain from incurring in the same until it is authorized and we shall request the corresponding provision of funds to cover it.
In the case of legal services or expenses incurred in other countries, in addition to the aforementioned expenses, we shall also invoice, if applicable, the Value Added Tax or similar tax that may be payable, in accordance with the regulations of the country in question.
3. Invoicing.
RADiA ASESORES, S.L. may request, unless expressly agreed otherwise, a provision of funds prior to commencement of the service.
Unless otherwise agreed, the fees and expenses incurred will be invoiced monthly. All payments shall be made within a maximum period of 10 days and, as a general rule, by bank transfer unless, at the Client’s request, another means of payment is expressly agreed.
If the provision of funds or the invoice is not paid within the required term, once the maximum established term has expired, interest shall accrue from the day on which said term ends, in the amount established in Law 3/2004, of December 29th. Should it be necessary to request payment after the invoice has been paid due to non-payment, the collection costs shall also be paid, which in no case shall be less than 5% of the amount of the invoice.
4. Suspension of services.
If any provision of funds or invoice is not paid on time, RADiA ASESORES, S.L. will have the right to suspend all services upon prior notification to the Client. RADiA ASESORES, S.L will not be liable for any damages that this may cause.
5. Money laundering
The Client is obliged to cooperate in complying with the legislation on money laundering and to provide RADiA ASESORES, S.L with all necessary information.
6. Conflicts.
RADiA ASESORES, S.L. may provide services to persons or entities whose interests are contrary to those of the Client or its associated companies, as long as they are matters that are not directly related to the contracting of our services.
In any case, RADiA ASESORES, S.L. will never act in situations of conflict of interest, when in the previous provision of our professional services we have obtained sensitive, private or confidential information that is not in the public domain and that could be used against our clients or their associated companies in a matter for which another client has contracted us.
It is also understood and accepted that we may obtain or dispose of confidential information of other clients that may be of interest to you, but which we may not disclose or share with you in any way.
7. Client Exclusivity.
When contracting our services, our Client is only the person or entity designated in the corresponding Proposal, to the exclusion of their companies or associated or related persons (other family members or third parties, shareholders, parents, subsidiaries, members of the administrative body, managers, associated companies of any entities, business partners, etc.). Therefore, our services shall be rendered solely and exclusively to the Client, so that advice to any other person related to the Client shall always be subject to the preparation and, if applicable, acceptance of another Proposal.
8. Liability.
RADiA ASESORES, S.L. has taken out civil liability insurance which covers, with certain limitations, the risk of damage or injury to the Client as a result of inadequate professional performance.
Notwithstanding the foregoing, the parties agree to limit the liability of RADiA ASESORES, S.L. and the professionals involved in each specific assignment to a maximum of twice the professional fees paid by the same Client for the corresponding assignment during the twelve months immediately preceding the claim.
When in the same Proposal fees are fixed for several professional assignments, for the application of the agreed limitation of liability, a specific assignment shall be understood as each service for which fees are specifically individualized.
In the event that no fee is set for a service because it is provided free of charge to the Client, the Client exonerates RADiA ASESORES, S.L. from any liability for the service provided.
Except in the case of malice, the Client waives any direct liability on the part of RADiA ASESORES, S.L.‘s professionals and employees, and will limit its claim to RADiA ASESORES, S.L.
This is without prejudice to any action RADiA ASESORES, S.L. may have against the party causing the damage.
It is expressly agreed that liability will only be enforceable for gross and undisputed professional negligence.
Unless expressly agreed otherwise, the professional services of RADiA ASESORES, S.L. shall be deemed to have been contracted for the exclusive use of the Client in the assignment and for the agreed purpose. RADiA ASESORES, S.L. cannot be held liable for any use of such services by third parties or for other uses not expressly authorized by RADiA ASESORES, S.L.
Any liability claim by the Client against RADiA ASESORES, S.L., whatever its nature, must be filed within a period of one year, it being understood that the Client waives any liability action if this is not done within this period.
If the damage or loss is caused by the professional actions of third parties contracted by RADiA ASESORES, S.L. in the name or on behalf of the Client, with the express or tacit knowledge and approval of the Client, DLM shall have no liability whatsoever.
9. Communications.
Documents sent to you by e-mail, whether or not they contain confidential information, will not be encrypted unless you request us to do so in writing and we are able to implement it.
While we endeavor, to the extent possible, to protect our e-mails and attachments from viruses or defects that may affect computers or computer systems, it is your responsibility to implement security measures to protect your computers and computer systems from viruses or defects, and we accept no responsibility for any loss or damage that may result from the receipt or use of electronic communications that we send to you.
10. Termination of our services.
You may terminate our services at any time upon written notice to us, without prejudice to your obligation to pay for services rendered and expenses incurred prior to such termination or in connection with an orderly transfer of your affairs.
In general, our relationship with the Client shall be deemed to be terminated when the specific services entrusted to us have been rendered in full or, in the case of services of indefinite duration, when more than six months have elapsed since the last time we were asked to provide a specific professional service and it has been rendered. If additional services are subsequently entrusted to us, the Professional-Client relationship shall be resumed in accordance with these Conditions and those specified in the corresponding Proposal.
The fact that we inform you sporadically of regulatory or jurisprudential developments that may be of interest to you, whether by any means, shall not constitute a resumption of the professional relationship. In any case, we shall not be obliged to inform you of such developments unless we receive a written request to do so.
11. Documentation.
As a general rule, the Client will not provide RADiA ASESORES, S.L with original documents unless it is essential and expressly requested to do so. At the time of completion of our professional services, and if so requested, all documentation provided to us will be returned to you as soon as possible, all drafts and working documents being deemed to be our property.
Any document prepared by RADiA ASESORES, S.L. shall be addressed exclusively to the Client and shall be for the exclusive use of the Client. The delivery or exhibition of such documents to third parties is forbidden and the Client shall be solely responsible for such non-compliance.
The Client irrevocably authorizes RADiA ASESORES, S.L. to keep a copy of the documents delivered, even after the termination of the contractual relationship, for a period of ten years. However, upon termination of our professional services, RADiA ASESORES, S.L reserves the right to destroy at any time the copies of the documents still in our possession, unless otherwise stipulated in the applicable ethical regulations.
12. Data protection.
In accordance with the provisions of the European General Data Protection Regulation, customers are informed that the personal data provided will be processed by RADiA ASESORES, S.L., whose contact details are as follows:
NIF: B85639284
Address: Avda. Alberto Alcocer, 5 – 28036 Madrid
Telephone: 913910076
E-mail: radia.asesores@gmail.com
Your data will be processed to manage the provision of the services requested and the billing and collection of the same, as well as for operational and informational purposes arising from the Professional-Customer relationship and other related purposes. The basis of this treatment is the existence of the legal relationship (provision of services) that binds you to the Entity. Therefore, it is compulsory for the client to provide his/her data, otherwise the requested services could not be provided. The data will be kept for as long as the service provision relationship is maintained and, even thereafter, until the statute of limitations of any liabilities that may arise from it and for as long as required by applicable regulations, as well as in the event that we hold data relating to penalties or criminal offenses, the original documents may be retained for an indefinite period if not delivered to the customer, and for the file and copies thereof, shall be retained for a minimum of ten years.
Your data may also be used for the sending of information communications from RADiA ASESORES, S.L., unless you express your wish to the contrary by any means. In any case, the authorization to process your data for this purpose is voluntary and your refusal would only result in the fact that you would not receive commercial offers of our products or services.
The basis of this treatment is the satisfaction of the legitimate business interest consisting in being able to offer our customers the contracting of other products or services and thus achieve their loyalty. This legitimate interest is recognized by the applicable legal regulations (General Data Protection Regulation), which expressly permits the processing of personal data on this legal basis for direct marketing purposes.
However, we remind you that you have the right to object to this processing of your data, by any of the means provided for in this clause. The data used to send RADiA ASESORES, S.L. informative communications will be kept indefinitely, until, if necessary, you express your wish to delete them.
Your personal data may be transferred to the following third parties: (i) Public Administrations in the cases provided for by law; (ii) to banks for the payment of our services, in the event that payment is made by bank card or similar means.
In the event of providing the personal data of a third party, the customer undertakes, under his sole responsibility, to have previously obtained the consent of that person for his data to be processed by this company, having previously informed him of all the provisions of Article 13 of the General Data Protection Regulation.
The customer has the right to request access to their personal data, its rectification or deletion, as well as the limitation of its treatment, to oppose to it and its portability, by writing, attaching a copy of the ID of the person concerned, at any of the contact addresses indicated (postal or electronic).
In the event of any violation of your rights, you can file a complaint with the Spanish Data Protection Agency.
13. Confidentiality and publicity.
RADiA ASESORES, S.L. is obliged to respect the confidentiality of the information obtained from the Client and the content of the actions carried out, and undertakes not to disclose such information to third parties except when it is necessary to comply with a (legal or regulatory) regulation or an administrative or judicial requirement.
Notwithstanding the above, RADiA ASESORES, S.L. may mention the name of the Client and the type and amount of the matter in presentations and commercial actions after the matter has been concluded, if the information is not of a personal nature and if the Client has expressly authorized it or if the information has already been published in the media and the Client has not prohibited it.
14. Language.
These general clauses are also available in English. In case of discrepancy between the non-Spanish version and the Spanish version, the Spanish version shall prevail.
15. Applicable law and jurisdiction
The law applicable to the legal relationship between RADiA ASESORES, S.L. and its clients is Spanish law.
The parties, expressly waiving any other jurisdiction to which they may be entitled, agree to submit to the Courts of the European Union.
16. Agreement.
These Terms shall be incorporated into any specific agreements and shall form part of each Proposal. Except for outstanding matters, such Conditions supersede any commitments or covenants we may have previously entered into and shall prevail over any contrary or alternative conditions, whether from you or any third party. Any modification of the Conditions must be made in writing in the Proposal and signed by RADiA ASESORES, S.L.