Chambers of Advocate Niloy Ranjan Baidya
Client Agreement
The Agreement is entered into in writing or in a format reproducible in writing, using the client Agreement template prepared by the Chambers of Advocate N. R. Baidya. The Agreement will be regarded as concluded if it is in a format which is also reproducible in writing and if the volume, scope and terms of provision of legal services are agreed to by e-mail without signing a formal client agreement. The clients may enter into oral agreement only for a one-time purpose or for provision of legal services in respect of a clearly defined assignment, and when possible these oral agreements should be confirmed by e-mail or in person. This Contract is entered into for an indefinite Period of time or up to the limitation period as prescribed under the law. Any Party may terminate this Contract by delivering a termination notice to the other party thirty (30) days in advance. The client is obligated to pay the fees for our services and other expenses incurred during the agreement period as indicated in this contract until the day of termination of this contract.
Legal Services
Any part of our Services is only intended to be received by the client and must be used for internal and personal purposes only, including the use by the client’s shareholders, management or supervisory bodies, council and employees. The client has to agree to not to use, disclose or provide our services, any part thereof or any information obtained under this Contract to any third parties without our prior written consent unless, required by the applicable law, regulations or a court decision. The client has to inform us about any such request in writing. It will only be disclosed to the client’s lawyers, tax advisors and other personnel carrying out similar functions and only to the extent required to perform their services. If the Chamber give consent to use, disclose or provide our services or any part thereof to any third parties, it shall only be done to the extent specifically needed. We shall have the right to refuse to provide services under this Contract in cases where provision of Service to the client will breach the applicable laws or any governmental or non governmental regulations. If the client fails to settle the outstanding bill amount or fails to comply with all the rules and regulations, the services will be suspended, until all the dues is cleared.
Fees and invoicing
The client has to compensate the agreed upon fees for the service provided by the Chamber. The client has to cover general expenses including postage, courier, court fees, miscellaneous fees (if any ) as well as administrative fees set forth by authorities, travel, sustenance and accommodation costs and other similar expenses directly related to the provision of services to the client. Our fees does not cover tax, toll fees, duty charges or any other charges imposed by the Government which is imposed on the services provided to the client by us and the client is obliged to pay such charges.
Confidentiality
We, at the Chambers of Advocate N. R. Baidya is obligated to observe secrecy of all the information and knowledge concerning any matters related to the client, made available to us and obtained by us in the context of our business relationship with the client as required by the rules and provisions. Unless prohibited by the applicable law, in case it is necessary for the provision of services, we may disclose certain confidential Information to other third parties. In such case we undertake to obligate any such third party to observe utmost secrecy and hold any and all disclosed Confidential Information confidential.
Protection of Personal Data
We, at the Chambers of N. R. Baidya collects, stores, uses and processes personal data about the Client and the persons directly related to it (e.g. employees and/or Representatives) in accordance with laws applicable to protection of personal data for, amongst others, the purposes of performing the agreement, administering billing and accounting systems, maintaining its internal information systems, managing client relationships, complying with its legal obligations. For the purposes of fulfillment of the Client’s assignment the chamber will process the personal data of the Client and the persons directly related to it (e.g. employees and/or representatives) in the capacity as a personal data processor in accordance with laws and regulations governing personal data protection. The Client must inform the Chamber on security measures the client feels necessary, provided it is both legal and required by law for the protection of persona data processing. If the Client has not separately informed the chamber on such security measures, the Client hereby agrees that the security measures taken by the chamber correspond to the requirements of the Client and applicable law. Persons whose Personal data are processed by the chamber are entitled, under law, to obtain information on the personal data processed by the chamber and to request that the chamber to rectify or erase their personal data. If necessary for the provision of legal services, the Chamber may process the personal data of another person or the Client obtained on the basis of the agreement or by law, including sensitive personal data, without the consent of those persons.
Conflict of interest
Before accepting an assignment, the Chamber will always conduct an internal conflict-of-interest check to verify that whether the chamber can accept the assignment or that specific litigation or any kind or project. Notwithstanding such checks, circumstances may arise that may prevent the chamber from acting for the Client in an existing ongoing or future matter. In these situations, the rules of professional conduct regulating conflicts of interest apply, and the chamber may terminate the Agreement and if necessary may also suggest any other council or solicitor as preferred by the Client. The relations between the chamber and the Client do not create mutual exclusivity. The Client may use the services of other council or solicitor for the purpose of fulfillment of any assignment which is not specifically given to the Chamber. In Addition, the chamber retains the rights to render legal assistance to other persons and execute assignments not connected to the Client’s assignment, including providing of services to persons operating in the same field as the Client or who might potentially have interests opposite of the ones of the Client.
Disputes
Any dispute, controversy or claim arising out of or relating to the Agreement is to be settled by negotiation. Should negotiations fail, the parties are entitled to apply to their respective courts of law.
Intellectual Property Right
Copyright and other intellectual property rights which is generated in the course off the assignments/ project by the Chamber intentionally or unintentionally, specifically and unequivocally belongs to the Chamber. However, the Client has the right to use such attorney work product for the purposes for which they are specifically provided. If there is any misuse of the intellectual property rights which was created during the period of the specific assignment/project, legal actions will be taken against the said client.
Obligation
The Chamber holds Justice system in highest regard and has an obligation not only towards the Clients but also towards the society. Therefore the clients may not and will not request, insist, or force the Chamber any kind of work which will violate the natural justice, legal ethics or the law established in India. If there is any such instance or inclination found, legal measures will be taken and the person will be prosecuted to the highest extent of law.