1. Cacti Legal (here in after, “Cacti Legal Services”) is a professional law firm established under the laws of India taking the form of a private limited liability company with registered office at Cacti Legal Services LLP 309, DLF Cyber City, Patia, Bhubaneswar, Odisha-751024, India
2. These Terms and Conditions apply to all services provided by Cacti Legal. These Terms and Conditions are available for consultation by the client on the website:. When a client uses the services of Cacti Legal, the client is deemed to know and accept these Terms and Conditions without reservation. Any terms and conditions of the client contrary to these Terms and Conditions shall only be applicable upon the prior, express and written acceptance of Cacti Legal. Any extension, amendment or waiver of these Terms and Conditions must be expressly and previously agreed upon in writing by Cacti Legal.
3. Without prejudice to the provisions of Articles 4 and 11, all tasks are exclusively accepted and performed by Cacti Legal. Cacti Legal is solely and exclusively responsible for the services provided by Cacti Legal.
4. With or without client’s prior approval, Cacti Legal may also call upon lawyers outside of Cacti Legal to perform some tasks. These lawyers shall be solely and exclusively responsible for the services they provide.
5. The client may terminate the assignment of Cacti Legal at any time without penalty. The client shall pay the fees for the services already performed at the time of termination.
6. Cacti Legal undertakes to perform its services within a reasonable time. In any event, Cacti Legal will not be held liable for exceeding the time limits due to the client, third parties or force majeure events.
8. The views, opinions, writings, agreements, etc. provided by Cacti Legal (“Advice”) are protected by intellectual property rights and may only be used with the express prior written consent of Cacti Legal. Any Advice given by Cacti Legal is for the benefit of the client and is only issued in respect of the specific matter at stake. Advice provided by Cacti Legal shall not be used by third parties. The client agrees not to disclose Advice to third parties without the prior written consent of Cacti Legal. Communication of Advice to any professional adviser of the client does not create any commitment or liability of Cacti Legal towards said professional adviser. Cacti Legal only has obligations to the client and not to third parties unless Cacti Legal accepts such liability expressly and in writing.
9. The liability of Cacti Legal is limited to the amount which, in the matter at stake, is covered by the professional liability insurances undertaken by Cacti Legal. If, for any reason whatsoever, these insurances would not provide coverage, the liability would be limited to the total fees generated by the specific matter without exceeding €5,000.00. In any event, the right to compensation expires if the claim for compensation has not been notified in writing to Cacti Legal within six months following the closure of the specific matter.
10. The client guarantees and holds harmless Cacti Legal and the lawyers working within Cacti Legal against any claims of a third party arising from the performance by Cacti Legal of any service requested by or provided on behalf of the client.
11. Cacti Legal is entitled to use non-lawyer third parties (such as bailiffs, technical advisors, trademark and patent agents, etc.) for the performance of the services with or without client’s prior approval. Cacti Legal undertakes to choose such third parties with care but is in no event liable for any act or omission of such parties. Cacti Legal is authorised by the client to accept on its behalf any liability limitations of these third parties.
12. The fees are either fixed fees for specific matters or calculated based on the number of hours worked multiplied by the agreed upon hourly rate. The fixed fees in connection with IP prosecution (trademark and patent) are due on the date of the application or on the date of the final instructions sent to Cacti Legal agent, whichever is sooner. These fixed fees are final in any event including namely but not exclusively if the relevant IP right is not obtained. Cacti Legal reserves the right to require payment of a retainer fee before completion of any service. Fees may be charged from the first consultation. General office costs (such as postage, telephone, fax, photocopies, etc.) and bank charges are calculated using a flat-fee by type of expense. All amounts are exclusive of VAT and of any tax, surcharge or similar increase which is to be paid by the client in accordance with the applicable laws and regulations. Payment terms of Cacti Legal invoices are net 15 days. Any transaction or exchange costs are to be paid by the client. Any complaint regarding an invoice must be addressed to Cacti Legal within 15 days of the invoice date. Otherwise, the invoice will be deemed accepted.
13. If, after the conclusion of the contract or the letter of agreement, unforeseen circumstances arise which make Cacti Legal performance of the services more difficult or more expensive, Cacti Legal is entitled to adapt its work and related fees to the new situation.
14. The rights and obligations of the parties shall be governed by, and these Terms and Conditions shall be construed and enforced in accordance with, the Laws of India, excluding its conflict of laws rules to the extent such rules would apply the Law of another jurisdiction. The parties consent to the jurisdiction of the courts of India and agree that venue shall lie exclusively in Brussels.
15. The invalidity of any clause or part of any clause of these Terms and Conditions does not affect the validity of the other provisions.