General Terms of Service
of Migrant & Griffin
§ 1 Definitions
- The Law Firm – Migrant & Griffin (Grupa Griffin Sp. z o.o.) with its registered office in Gdynia at ul. Władysława IV 42/21, 81-395 Gdynia, [NIP: 5862313171], e-mail: office@migrant.legal.
- The Client – A legal entity (natural person, legal person, organizational unit) that has concluded or is concluding an Agreement with the Law Firm.
- The Agreement – An agreement concluded between the Client and the Law Firm, the subject of which is the provision of the Services.
- The Services – Assistance and advisory services provided by the Law Firm, particularly in the field of immigration law, legalization of residence and work of foreigners, drafting letters and documents, opinions, analyses, and representation before public administration authorities and other entities.
- The Terms – These General Terms of Service.
§ 2 Scope of the Terms
The Terms define the rules for the provision of Services by the Law Firm to the Client based on the Agreement concluded in any form.
§ 3 Agreement and Scope of Services
- The Law Firm provides Services commissioned by the Client, the detailed scope of which is defined by the Agreement or arrangements made between the Parties (in writing, by e-mail, or orally).
- The Agreement is concluded for the time necessary to complete the assignment or for an indefinite period (in the case of ongoing cooperation), according to the arrangements.
- The Law Firm undertakes to provide the Services with due diligence and in accordance with applicable law. The Agreement is one of diligence – the Law Firm does not guarantee the outcome of proceedings, as the final decision of an authority depends on many factors.
§ 4 Conclusion of the Agreement
- The Agreement may be concluded in any form permitted by law (in writing, by e-mail, orally).
- The Agreement is also deemed concluded when the Client commissions the Law Firm to perform a Service, and the Law Firm commences its execution.
- The Client shall provide the Law Firm with the data necessary for contact, performance of the Agreement, and invoicing (name/company name, address, NIP/PESEL No., etc.).
§ 5 Performance of Services
- The Law Firm provides Services on business days, during standard office hours (9 AM – 5 PM). Services outside these hours are possible upon agreement and may be subject to additional remuneration.
- The Law Firm may undertake routine activities within the scope of the commission without the Client’s separate approval, acting in the Client’s best interest.
- In emergencies, the Law Firm may take urgent actions without the Client’s prior consent if deemed necessary to protect the Client’s interests.
- The Client shall grant the Law Firm necessary powers of attorney in the required form if the nature of the Services so requires.
- The Client is obliged to provide the Law Firm with all necessary and truthful information and documents without undue delay and to cooperate in the performance of the Services. The Client is responsible for the veracity and completeness of the provided data.
- The Client shall cover all necessary official fees (stamp duty, court fees, etc.) related to the case within the deadlines indicated by the Law Firm. Failure to pay fees may result in negative consequences for the case.
- The Parties acknowledge that the waiting time for the issuance of a decision in the matter covered by this agreement/engagement is difficult to determine precisely, as it depends in particular on the practice of the competent authority, the complexity of the case, and the current administrative circumstances.
- The Law Firm may request an advance payment towards remuneration or costs and may suspend activities until receipt thereof.
- The Law Firm may suspend the provision of Services or terminate the Agreement with immediate effect if: (i) performance of the Service would be contrary to law; or (ii) the Client breaches the provisions of the Agreement or the Terms, in particular, is delayed in payment of remuneration or reimbursement of costs by more than 14 days, or fails to cooperate with the Law Firm (§ 5.5).
- The Client may raise objections to an invoice within 7 days of its receipt. Lack of objections implies acceptance of the billing.
§ 6 Remuneration and Payments
- The principles for determining the Law Firm’s remuneration for providing the Services are defined in the Agreement or individual arrangements between the Parties. Remuneration may be set as a lump sum, hourly rate, or a mixed model.
- The remuneration paid to the Law Firm is non-refundable, regardless of the outcome of the case, in particular in the event of:
a) the application being left without examination,
b) discontinuation of the proceedings,
c) issuance of a negative decision,
d) the Client’s withdrawal from further cooperation,
e) lack of cooperation, including failure to provide the required documents or lack of contact on the part of the Client.
- The remuneration covers all activities performed by the Law Firm, including preparatory work, analyses, consultations, drafting of documents, and correspondence with authorities, irrespective of the outcome of the case.
- If the performance of the Agreement becomes impossible due to reasons attributable to the Client, the Law Firm shall be entitled to settle the services performed to date on an hourly basis at the rate of PLN 350 (three hundred and fifty Polish zloty) net for each commenced hour of work.
- Value Added Tax (VAT) at the applicable rate is added to the remuneration.
- Remuneration is payable based on a VAT invoice issued by the Law Firm within 7 days from the date of its issuance, to the bank account indicated on the invoice, unless the Agreement provides otherwise. Remuneration may be payable in advance, in whole or in part (advance payment), according to arrangements.
- Additional costs (official fees, translations, travel, etc.) incurred by the Law Firm in connection with the provision of Services and not covered by a lump-sum fee are reimbursable by the Client based on a separate settlement, unless the Agreement provides otherwise.
§ 7 Liability
- The Law Firm is liable for non-performance or improper performance of the Agreement according to general principles of the Civil Code, subject to the reservations below.
- The Law Firm is not liable for damages resulting from: (i) non-provision, delayed provision, or provision by the Client of untrue or incomplete information or documents; (ii) suspension by the Law Firm of the performance of Services for reasons attributable to the Client (lack of payment, lack of power of attorney, lack of cooperation); (iii) force majeure; (iv) delays by authorities.
§ 8 Confidentiality
- The Law Firm undertakes to keep confidential all non-public information obtained from the Client in connection with the provision of Services.
- The confidentiality obligation does not apply when disclosure of information is required by mandatory provisions of law.
§ 9 Termination of the Agreement
- An agreement for an indefinite period may be terminated by either Party.
- Either Party may terminate the Agreement with immediate effect in the event of a material breach of its provisions by the other Party or for other important reasons, such as lack of cooperation, concealment of facts, false documents, or lack of payment.
- In the event of termination of the Agreement, the Client is obliged to pay the Law Firm remuneration for Services performed up to the date of termination and reimburse incurred Costs; in this situation, the hourly rate may apply.
§ 10 Final Provisions
- The Terms form an integral part of the Agreement. In case of discrepancies between the Agreement and the Terms, the provisions of the Agreement shall prevail.
- Matters not regulated herein shall be governed by the provisions of Polish law, in particular the Civil Code.
- The Parties shall attempt to resolve any disputes arising from the Agreement or the Terms amicably. In the absence of agreement, the competent court shall be the common court having jurisdiction over the registered office of the Law Firm (Gdynia).
- Amendments to the Terms will be published on the Law Firm’s website or communicated to Clients in another agreed manner.