Terms and Conditions

TERMS AND CONDITIONS FOR THE PROVISION OF ELECTRONIC SERVICES OF DPPA LEGAL GRZONEK ŚWIDNICKI SPÓŁKA KOMANDYTOWA WITH ITS REGISTERED OFFICE IN WARSAW

General Provisions
1. These Terms and Conditions for the provision of services by electronic means (hereinafter referred to as the “Terms and Conditions”) to non-consumer clients (the “Client”) define, in particular, the types and scope of services provided by electronic means and the terms and conditions for the provision of services by electronic means by the company under the business name DPPA LEGAL GRZONEK ŚWIDNICKI spółka komandytowa with its registered office in Warsaw (“DPPA”), address: ul. Koszykowa 54, 00-675 Warsaw, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, XII Economic Division of the National Court Register under the KRS number 0000973021, holding tax number NIP: 7010282162.Other contact details of DPPA:tel. +48 22 378 17 00e-mail: biuro@dppa.eu
2. The website operated by DPPA: http://www.dppa.eu/ (the “Website”).
3. These Terms and Conditions are an integral part of the agreement for the provision of legal services concluded between DPPA and the Client insofar as such an agreement and its appendices do not regulate the issues in question. Model contracts (general terms and conditions of contracts and other rules) of the Client and Articles 68²and 385⁴ of the Civil Code are not applicable.
4. These Terms and Conditions are available at the following link and in PDF version.
Type and Scope of Electronic Services, Technical Requirements
1. DPPA provides legal services by electronic means within the meaning of the Act of 18 July 2002 on the provision of services by electronic means, i.e. without the simultaneous presence of the parties (at a distance), through the transmission of data at the individual request of the service recipient, transmitted and received by means of equipment for electronic processing, including digital compression, and storage of data, which is entirely sent, received or transmitted via a telecommunications network within the meaning of the Act of 16 July 2004 – Telecommunications Law (the “Services”), which are provided to Clients;
2. DPPA provides the Services by e-mail from e-mail addresses with the domain @dppa.eu, as well as by other means of remote communication, to which the Client agrees. DPPA is not liable for damages caused by the use of electronic means of communication and data storage services for communication. In connection with the performance of the Services, DPPA may use and make available to the Client the possibility of using ICT tools or data processing provided by third parties, including public cloud solutions, and shall not be liable for any damage caused by the use of such tools or their unavailability.
3. In order to properly use the Services provided by DPPA, it is necessary to have access to equipment that allows an Internet connection, to have access to a correctly configured Internet browser (in the case of enquiries sent via a form on the Website) and to have one’s own e-mail address through which the Client will be able to contact DPPA.
Terms and Conditions of the Services and Remuneration
1. If there is no written agreement between DPPA and the Client for the provision of the Services, it is possible to conclude such an agreement on the basis of the statements of intent of the Client and DPPA in any form and the subsequent confirmation of such an order by DPPA in writing, by e-mail or implicitly by commencing the provision of the Services to the extent indicated by the Client in the order.
2. The Client electronically submits a legal problem/question to DPPA at biuro@dppa.eu or by means of the contact form on the Website, also providing contact details and their own electronic mail (e-mail) address, with the conclusion of the contract being made in the manner indicated in section 1 above. The Client shall also be obliged to inform DPPA of whether or not the Client conducts a business activity, the Client’s tax status and the Client’s VAT number.
3. The Client is not entitled to provide DPPA with content of an unlawful nature. Furthermore, the Client is not entitled to send confidential information to DPPA until DPPA has confirmed that a relationship has been established in the manner referred to in section 1 above. Unsolicited communications from non-clients do not automatically establish a lawyer – Client relationship and therefore such communications may not be covered by the confidentiality clause.
4. DPPA decides at its own discretion on the manner of execution of the order taking into account the applicable legislation and, if possible and in DPPA’s discretion expedient, also the Client’s instructions. DPPA provides the Services also in accordance with the Act of 6 July 1982 on Attorneys at law, the Act of 26 May 1982 Law on Advocates and the codes of ethics of the professional self-government of attorneys at law and the professional self-government of advocates.
5. During the provision of the Services, DPPA will not be involved in assignments that give rise to a conflict of interest with the Client’s interests; in the event of a conflict of interest, DPPA will notify the Client of the existence of such a circumstance. In such a case, the parties will agree on a solution that takes into account the legitimate interests of each party.
6. Unless otherwise agreed between DPPA and the Client, the Client agrees to pay remuneration to DPPA for the legal Services, calculated on the basis of the time worked by individual lawyers and DPPA staff multiplied by their standard hourly rate (which may be subject to change) communicated to the Client.
7. The remuneration for the provision of the Services does not include VAT, which will be added separately at the applicable rate. Furthermore, the remuneration does not include court fees, administrative fees and other reasonable expenses (such as travel costs, translation or other external parties’ costs, etc.) incurred by DPPA in connection with the provision of the Services. Notwithstanding the above, the Client agrees to pay external fees such as notary fees, taxes or court fees directly to entities entitled to receive such fees. If DPPA incurs any of the expenses set out in this clause, the Client agrees to reimburse DPPA for such expenses.
8. The Client shall be entitled to request at any time that DPPA provide the Client with proof of the specific expense to be reimbursed to DPPA.
9. Where the Parties have not agreed that the currency in which the remuneration is to be paid is the Polish zloty, DPPA shall be entitled, at its discretion, to invoice either:
  1. in such currency (subject to mandatory legal provisions) or
  2. in the PLN equivalent of such currency calculated on the basis of the average exchange rate of the National Bank of Poland announced on the business day preceding the date of the invoice.
10. Unless otherwise agreed between DPPA and the Client: (i) DPPA is entitled to invoice the Client on a monthly basis and (ii) payment should be made within 14 days of receipt of the invoice to the bank account indicated in the invoice.
11. In addition, DPPA may request at any time from the Client, an appropriate advance payment, the amount of which will reflect the type of assignment and DPPA’s anticipated commitment. The advance payment will be settled, without interest, on the last invoice, upon completion of the services to the Client concerned.
Data Protection
1. DPPA, as data controller, processes the personal data of natural persons entering into a contract on behalf of the Client and of contact persons on the Client’s side in connection with the contract concluded in connection with the provision of the electronic Services referred to in these Terms and Conditions.
2. The Terms and Conditions for the processing of personal data referred to in 1 above can be found at the following link.
Anti-Money Laundering and Countering of Financing of Terrorism (AML)

DPPA is subject to obligations in relation to the provisions of the Act of 1 March 2018 on the countering of money laundering and terrorist financing obliging DPPA to identify money laundering and terrorist financing risks. DPPA is obliged to apply financial security measures to Clients, which include:
1. identification of the Client and verification of their identity,
2. identification of the beneficial owner and taking reasonable steps to:
  1. verify their identity,
  2. determine the ownership and control structure in the case of a Client that is a legal person, an unincorporated entity or a trust,
1. assessment of the business relationship and, as appropriate, obtaining information on its purpose and intended nature;
2. ongoing monitoring of the Client’s business relationships,
3. identification and verification of the Client’s representatives, politically exposed persons (PEPs) in the Client’s structuresAccordingly, the Client is obliged under the AML/CFT Act of 1 March 2018 to provide the documents required by law and upon DPPA’s request necessary to fulfil DPPA’s legal obligation (both before and during the establishment of the business relationship). Failure by the Client to provide all requested information (including on the basis of the KYC (“Know Your Client“) form sent by DPPA) within the timeframe indicated by DPPA shall entitle DPPA not to perform the Services to the Client or to postpone them by the time such documents are delayed.
Termination

Unless otherwise agreed, both the Client and DPPA may terminate the contract for the Services in writing by giving one-month notice, provided that the Client shall pay the remuneration plus VAT for the Services provided up to the expiry of the contract as a result of termination, as well as the expenses referred to in section III 7 of the Terms and Conditions.
Complaints
1. In the event of non-performance or undue performance of the Service by DPPA or failure to perform the Service in accordance with the Terms and Conditions, the Client has the right to lodge a complaint within 21 days:
  1. from the results of the performance of the Service concerned, or
  2. from the date indicated/agreed by DPPA and the Client for its performance, unless no such date has been agreed then within 45 days of DPPA’s confirmation of the order in writing, by email or implicitly by commencing the Services to the extent indicated by the Client in the order;by sending a complaint to the e-mail address biuro@dppa.eu or to the DPPA address indicated in section I 1 of the Terms and Conditions, together with the Client’s details, the Client’s e-mail address, a description of the Service that is the subject of the complaint, the claims concerning the performance of the Service and the Client’s demands in connection with the complaint.
2. DPPA will consider the Client’s complaint submitted in accordance with section 1 above within 21 days from the date of submission of the complete complaint by sending a response to the Client’s e-mail address provided in the complaint or, if requested by the Client, to the mailing address in paper form.
3. In response to the DPPA’s proposed method of dealing with the complaint, the Client may either accept the proposal made by sending acceptance to the DPPA’s e-mail address indicated in section 1 above within 3 working days of receiving the proposal or reject the proposal made. Rejection of DPPA’s proposal will result in exhaustion of the complaint procedure.
4. A complaint shall not be possible if, in connection with the Service provided, it is indicated that there is no clear solution to the problem due to divergent interpretations of the law or controversies.
Communication

Until DPPA has been informed of the persons who may change the scope of the order and provide guidance to DPPA on its execution, any person acting within the Client’s organisation or its affiliates in contact with DPPA is deemed to be authorised to do so.
Final Provisions
1. DPPA may amend the content of these Terms and Conditions, also during the term of the contract for the provision of Services concluded between DPPA and the Client, and the amended Terms and Conditions in such case shall take effect within 14 days of the Client receiving notice of the amendment.
2. The legal relationship between DPPA and the Client and any liability of DPPA towards the Client shall be governed by Polish law. Any disputes in connection with these Terms and Conditions (including any contract concluded hereunder between DPPA and the Client) shall be settled by the court having jurisdiction over DPPA’s registered office.
3. These Terms and Conditions are drawn up in Polish, English and German and, in the event of any discrepancy in content, the Polish version shall prevail.

The Terms and Conditions were last updated on 06.11.2023.