General Terms of Service

Clause 1 — Subject matter

The SERVICE PROVIDER shall render professional legal services to the CLIENT against payment of the agreed net legal fees on their respective due dates. The services are engaged in strict compliance with these General Terms, with Law No. 8,906/1994 (Statute of the Legal Profession and the Brazilian Bar Association) and with the Brazilian Bar Association’s Code of Ethics and Discipline.

Clause 2 — Nature of the obligation

The SERVICE PROVIDER shall apply its legal knowledge, practical experience and diligence to the matters entrusted to it. Legal services are an obligation of means: their results depend on the information and documents provided by the CLIENT and on the decisions of Brazilian and foreign judges, courts and administrative authorities, and no result is guaranteed.

Clause 3 — Case management, liability and payment

The parties shall agree whether court proceedings will be monitored through the case-management system adopted by the SERVICE PROVIDER. The professional liability of the SERVICE PROVIDER is governed by Articles 17 and 32 of Law No. 8,906/1994 and is limited to acts performed with intent or fault in the course of professional practice. Fees may be paid by bank slip (boleto), PayPal, credit or debit card, invoice, bank transfer or deposit, or by any other means agreed between the parties.

Clause 4 — Financial obligations of the CLIENT

These General Terms bind the CLIENT to pay the agreed fees in full, as well as court awards, fees payable to the opposing party’s counsel, fines, court costs, registry charges, procedural expenses and any other amounts due by reason of litigation, withdrawal, settlement or judgment. Withdrawal from the services after the engagement does not release the CLIENT from paying the agreed fees, pursuant to Article 17 of the Code of Ethics and Discipline, without prejudice to the proportionality of court-awarded fees to the services actually rendered.

Clause 5 — Late payment

In the event of non-payment, a penalty of 2%, default interest of 1% (one per cent) per month and monetary adjustment by the IPCA consumer price index shall apply from the due date.

Sole paragraph. Failure to pay two (2) instalments entitles the SERVICE PROVIDER to terminate the agreement, to suspend the services ten (10) days after notice of default, subject to Article 5, paragraph 3, of Law No. 8,906/1994, and to accelerate all outstanding instalments. Collection shall comply with Article 52 of the Code of Ethics and Discipline, protest being permitted only in respect of a cheque or promissory note issued by the CLIENT, after an amicable attempt at collection has failed. In out-of-court collection, 10% (ten per cent) shall be added to the amount due; in judicial collection, the fees fixed by the court shall apply.

Clause 6 — Term and termination

This agreement is entered into for an indefinite term from the date of signature. Either party may terminate it upon thirty (30) days’ prior written notice, or immediately in the event of breach. Withdrawal by the SERVICE PROVIDER from the mandate shall comply with Article 5, paragraph 3, of Law No. 8,906/1994 and Article 16 of the Code of Ethics and Discipline; revocation by the CLIENT shall comply with Article 17 of that Code.

Clause 7 — Penalty

Failure by the CLIENT to perform its financial obligations or to give prior notice shall subject it to a non-compensatory penalty of up to 5% of the value of the services engaged, capped at that value, without prejudice to the fees due and to proven losses and damages. The appointment of another lawyer constitutes revocation of the mandate and shall be governed by Clause 6 and Article 17 of the Code of Ethics and Discipline.

Clause 8 — Final settlement

Upon termination, all amounts owed to the SERVICE PROVIDER shall be calculated and settled in a single payment, together with the remaining contractual fees, subject to Clause 4.

Clause 9 — Professional secrecy

The SERVICE PROVIDER shall keep professional secrecy regarding the facts, documents and information that come to its knowledge by reason of this engagement, pursuant to Articles 7(XIX) and 34(VII) of Law No. 8,906/1994 and Articles 35 to 38 of the Code of Ethics and Discipline, including after the expiry or termination of the agreement.

Clause 10 — Severability

Should any clause be held void or unenforceable, the remaining clauses shall remain valid and enforceable.

Clause 11 — Jurisdiction and language

The Central Court of the Judicial District of São Paulo, State of São Paulo, is chosen to settle any matters arising from these General Terms, to the exclusion of any other, however privileged.

Sole paragraph. These General Terms are drawn up in Portuguese; versions in other languages are provided for information only, and in the event of any discrepancy the Portuguese version shall prevail.