General Terms of Service
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1. Fees
Except if agreed otherwise, our charges are based on the time spent when dealing with the matter and the hourly rates agreed with the client, taking into consideration the degree of urgency and the complexity of the engagement as well as the experience and specialist expertise of the involved consultants.
Accrued travel time is invoiced by us, in the absence of any agreement to the contrary, at half of the hourly rate agreed with the Client.
Value-added tax (VAT) and expenses such as travel costs (railway journeys, air travel, hotel accommodation), costs of proceedings, official charges, fees for experts’ opinions, orother costs of third-party services will be invoiced separately
2. Involvement of additional Experts
Nomadlaw LLC may rely on specialized consultants, and lawyers, outside its firm if this is advisable on the grounds of such attorneys’ specialized expertise, efficiency and/or costs. We are keen that work is performed to the highest professional standards and level-appropriate.
Where we rely on our network of external specialists in order to handle a task, this requires briefing of the external expert on the case. Without notice to the contrary by the client we will assume that we are entitled to do so – insofar as necessary for the handling of the case – and that the client consents to this.
Upon request by the client we will be glad to arrange for a case-by-case approval before engaging external specialists.
Specialists who must be invoiced at higher rates than those customary within Nomadlaw LLC will not be involved without prior consent.
3. Invoicing
Nomadlaw LLC generally issues monthly invoices for services rendered, including a breakdown of the invoiced services per person as well as our cash expenses. The Client may request information about the incurred expenses at any time. Invoices are to be paid within 20 days of receipt.
Nomadlaw LLC is entitled, at its own discretion, to require advance payments, particularly when involving external experts.
4. Involvement of the Client
The facts of the case are central in consulting and legal matters. It is our experience that in consulting and legal matters, the arguments decisive for the successful completion of the mandate are strongly influenced by factual aspects. We place great emphasis on careful ascertainment of the facts and devote corresponding care and time to optimally developing the foundations in this regard. The Client’s cooperation is indispensable for this work. The Client ensures that any third parties involved in the facts of the case are also available for substantial information.
5. Record Retention
Nomadlaw LLC is entitled to destroy records in its possession after the expiration of ten years from the conclusion of the mandate, provided they have not been requested back beforehand. The retention obligation applies to Nomadlaw LLC, not to the individual consultant or lawyer.
File management is generally conducted digitally. Nomadlaw LLC retains relevant physical documents (court documents, communications with administrative bodies, etc.) in physical form during the duration of the mandate. Upon conclusion of the mandate, the Client has the choice of whether to have these delivered or to have the physical documents destroyed.
6. Confidentiality and Professional Secrecy
Employees of Nomadlaw LLC treat all information they receive in the context of a mandate relationship as confidential. However, employees of Nomadlaw LLC are not subject to professional secrecy. Involved lawyers are subject to professional secrecy. We are happy to explain the scope of professional secrecy separately, as well as the protection it provides.
Communication via email or fax involves risks such as the possibility of insight into the content of the message, its alteration, or loss. The Client nevertheless agrees to communicate unencrypted via email and fax. If the Client wishes a different handling of email and fax in general or in individual cases, an explicit written notice is requested.
7. Use of IT Infrastructures from Third Parties
Nomadlaw LLC may have software used for processing mandate relationships hosted by involved IT providers or obtain it entirely from an IT provider (particularly as a cloud solution). This leads to data storage at least partially on the infrastructures of this IT provider. In doing so, the data may also be transferred to countries outside Switzerland, provided that Nomadlaw LLC and the external IT provider comply with all applicable provisions, including but not limited to all provisions concerning data protection. Nomadlaw LLC ensures the best possible protection of mandate-related information through technical and organizational measures. Upon request, we provide information about the details.
Providers abroad could be obliged by authorities to disclose information regardless of data protection. We strive for measures that make such official accesses more difficult or impossible. Data that we recognize as particularly worthy of protection is generally not stored in a form that allows access by third parties.
8. Scope of Application
All advice provided by Nomadlaw LLC or our consultants, attorneys, lawyers, and external experts is exclusively intended for the respective Client, so that no third parties may rely on it.
9. Applicable Law and Jurisdiction
Swiss law applies to the aforementioned mandate relationship.
The exclusive place of jurisdiction for the settlement of disputes arising from a mandate relationship is Zurich.