LAWRENCE LEGAL SA - TERMS AND CONDITIONS OF USE
1.2 "The Platform" means the Internet portal www.law-rence.ch and all the pages that are linked to this domain.
1.3 "Lawrence" means the company Lawrence Legal SA, whose address is 7 Rond-Point de Plainpalais, 1205 Geneva, Switzerland (GE).
1.4 "Service Provider(s)" means the lawyer(s) registered in a cantonal register of lawyers within the meaning of Article 5 of the Federal Law on the Free Movement of Lawyers of June 23, 2000 (RS 935.61; hereinafter referred to as the "LLCA"), practicing in Switzerland, with whom the Platform puts the user in contact with the aim of establishing a contractual relationship between the Service Provider and the user.
1.5 "User(s)" means any user of the Platform who wishes to enter into a contractual relationship with a Service Provider via the Platform.
1.6 "Service request" refers to any solicitation issued by a user, via the platform, and by which the user expresses the desire to use one of the service providers to whom the said solicitation is addressed. Requests for services shall be deemed to be offers within the meaning of Article 3 of the Swiss Code of Obligations (Federal Act supplementing the Swiss Civil Code of 30 March 1911, SR 220; hereinafter referred to as the "CO") in the context of the contractual relationship between the Service Provider and the User.
1.7 "Acceptance confirmation" means the electronic message sent to the user by the platform that has selected the Service Provider who has confirmed that it is able to carry out the requested service within a specified period. Acceptance confirmations shall be deemed to be acceptances of offers within the meaning of Article 3 of the Swiss Code of Obligations in the context of the contractual relationship between the Service Provider and the User.
2. Scope of the TCU
The purpose of these TCU is the use by the Service Provider of the services offered online by Lawrence on the Platform.
3. Scope of services and operation of the services offered by Lawrence
3.1 Through the platform, Lawrence provides an online portal through which users can ask their legal question, be guided free of charge as to the procedure to be undertaken during a telephone conversation with a member of the Lawrence team, and be quickly put in touch with one of the service providers.
3.2 Lawrence is obliged to inform the user of the information provided by the Service Provider.
3.3 The form of the publication is determined by Lawrence, depending on the technical possibilities, the ergonomics and the interface of the platform, the foreseeable costs as well as the limits imposed by the relevant legislation in force.
3.4 By making a service request through the platform, the user enters into a direct contractual relationship with the service provider to whom he/she has sent the said service request. From the moment the user has made a service request, the platform and Lawrence act solely as intermediaries between the user and the service provider, transmitting the information provided by the users to the service provider(s) concerned and collecting the invoices issued by the service providers on their behalf.
3.5 For the purpose of connecting the user with the service provider, the information Lawrence communicates is based on the information given by the service providers. They are fully responsible for informing Lawrence in case of update of their area(s) of specialization, availability and other information displayed on the platform. Lawrence will make corrections, modifications, additions or updates to the data provided by the Service Providers.
3.6 Once the service request (legal question) has been received by Lawrence, the latter has a period of two hours to call back or contact the user, to guide him/her as to the procedure to be undertaken through a brief analysis of his/her legal question and to offer him/her :
- to send the service request (legal question) to one of the available service providers specialized in the legal field of the question asked, by organizing an interview or a telephone conversation with them;
- to create a customized contract according to the user's needs, by submitting a first version within 24 hours of the user's payment.
- review the contract within 24 hours of the User's payment.
3.7 The user then has the choice, via a payment form inserted in the email following this first telephone interview:
- to agree on a 30-minute telephone interview with the service provider proposed by Lawrence, and specialized in the legal field of the question asked, according to his availability;
- order a customized contract, according to the information provided during the telephone interview;
- to have the contract reviewed, which he will have been able to download and send to the Lawrence team through the payment form.
3.8 The rates are freely set by Lawrence. Please note that the user's credit card will only be charged once the service is completed.
3.9 The user is bound by his request for service, which is considered as an offer according to art. 3 CO. There is no right of withdrawal.
3.10 The Service Providers are obliged to call the User back at the requested time and to advise the User in a 30-minute telephone conversation.
3.11 The contract between the User and the Service Provider for the ordered Services shall be deemed to have been concluded with the sending of the acceptance confirmation e-mail pursuant to Art. 3.6 TCU.
3.12 The Platform is in principle available from Monday to Sunday, 24 hours a day. Although Lawrence provides its Internet services with the utmost diligence, it cannot guarantee that its Internet services will be accessible without interruption, that the connection to the servers can always be established or that the data stored in the systems will remain stored under all circumstances.
3.13 The services provided by the service providers are subject to the conditions and availability of each service provider with which the platform connects the user. Lawrence is not responsible for the obligations of the Service Providers towards the users and of the users towards the Service Providers.
3.14 The Service Provider may indicate to Lawrence the days and hours that are most convenient for him.
3.15 If the Service Provider is not or no longer able to meet the deadline, if any, indicated to the user, it shall inform Lawrence as soon as possible.
3.16 In the event of a failure to comply with Art. 3.13 TCU, the user shall be entitled to terminate the contract with the Service Provider, even if the Service Provider has failed to provide the information referred to in the above provision.
3.17 Lawrence shall retain a discretionary commission on the deposit or payment made by the user. This fee is :
- 20%, for a 30-minute telephone interview with the Service Provider;
- 20% of the service provider's fee for drafting a contract;
- 20% of the Service Provider's fee as shown on the first invoice to the Client;
- 5% of the Service Provider's fee as shown on invoices 2, 3, 4 and 5.
3.18 The said commission consists of a contribution to the management costs of the platform, deducted directly by Lawrence from the services provided by the providers.
3.19. Lawrence is responsible for the establishment and collection of the invoices to be paid by the users, for the requests directly addressed through the platform.
3.20. Lawrence is obliged to pay the amounts due to the service providers within 30 days after the execution of the service, to the bank or postal account indicated during the registration on the platform. The service provider is responsible for informing Lawrence of any change in its bank or postal account details after the registration process.
3.21 Lawrence's remuneration, chosen by the Service Provider, consists of a contribution to the management costs of the Platform, deducted directly by Lawrence from the services provided by the Providers.
4. Conclusion, duration and termination of the contractual relationship between Lawrence and the Service Provider
4.1 The Service Provider wishing to use the services offered by Lawrence via the Platform and described in these T&Cs shall complete the registration form provided for this purpose on the Platform.
4.2 In order to finalize his registration and, consequently, to activate his account, he undertakes to send by email to Lawrence (firstname.lastname@example.org), within 10 days from the sending of the registration form provided for in art. 4.1 of the General Terms and Conditions of Service :
- a copy of a valid identity document;
- a declaration on honour. Lawrence is prepared to provide a sample of such a declaration, if required.
4.3 If the deadline mentioned in the previous paragraph is not met, Lawrence will consider the application as withdrawn.
4.4 The contractual relationship between Service Provider and Lawrence, including the acceptance of these TOU, shall come into existence with the sending of the registration confirmation by Lawrence following the completion by Service Provider of the registration formalities described above.
4.5 The contractual relationship between Lawrence and the Service Provider is concluded for an indefinite period.
4.6 The contractual relationship between Lawrence and the Service Provider is concluded for an indefinite period of time and will usually terminate upon the Service Provider's completion of the quick and easy de-registration procedure provided by the Platform.
4.7 The termination of the contractual relationship between the Service Provider and Lawrence has no effect on any contractual relationship between the Service Provider and the user.
4.8 Lawrence reserves the right to unilaterally terminate the contractual relationship with the Service Provider. :
4.9 In case of breach of the TCU, even without fault, by the Service Provider, Lawrence reserves the right to claim damages from the Service Provider.
4.10 Service Provider may unilaterally terminate the contractual relationship with Lawrence if Lawrence is more than 30 days in arrears with a payment due date (see Art. 3.16 TCU).
4.11 Service Provider's exercise of its right to extraordinary termination does not deprive Service Provider of the right to claim damages from Lawrence for breach of the TCU.
5. Rights and Obligations of Service Provider
Service Provider shall provide Lawrence with complete, accurate and current information for publication. Service Provider is obligated to keep this information current.
6. Other duties of the Service Provider
6.1 Service Provider shall respond to the request for service, to the extent possible, at the time requested by the user. Lawrence reserves the right to allocate the service request to another provider who is available at the time requested by the user.
6.2 If the service request results in a 30-minute telephone conversation between the user and the service provider, the service provider agrees to confer at least until all of the user's questions have been answered, but no longer than 30 minutes. After this time, Lawrence is no longer responsible for collecting any additional charges incurred, and it is the Service Provider's responsibility to terminate the call.
6.5 It is the responsibility of the Service Provider to have functional and adequate means of telecommunication in order to communicate with the users of the platform.
7. Modification of the TCU
7.1 Lawrence reserves the right to periodically review and, if necessary, amend the TCU at any time.
7.2 Changes and additions to the TCU will be communicated to the User by posting on the Platform and will be effective immediately.
7.3 They shall be communicated to the Service Provider by e-mail. If the Service Provider objects to changes or additions to the TCU, it shall inform Lawrence as soon as possible.
8. Data Protection and Data Processing
8.1 The Service Provider agrees that Lawrence may collect personal data, including sensitive personal data, and that these may be processed in the context of existing or future contractual relationships between Lawrence and the Service Provider and between Lawrence and the users.
8.2 In particular, the user authorizes Lawrence to process personal data, including sensitive personal data, necessary for billing, customer management and administration of the services offered by the platform, as well as to publish the data provided for this purpose.
8.3 Subject to the foregoing, Lawrence will not disclose any personal data for marketing purposes.
8.4 Lawrence does not assume any liability whatsoever, including in relation to the obligations of the file owners under Article 8 DPA, with respect to the data processed by the service providers or by the users.
9. Warranty and Liability
9.1 Lawrence is not responsible for the contractual obligations of the Service Providers towards the Users, and of the Users towards the Service Providers, or for the services provided in this context. The service providers provide their services under their own responsibility and the users commit themselves under their own responsibility.
9.2 Lawrence shall not be liable for damages resulting from incompatibility between the Service Provider's terminals and the system operated by Lawrence or by the Users, as well as for damages resulting from interruption of data transmission by the Service Provider's access provider.
9.3 Lawrence shall endeavor to remedy any malfunctions or failures of the platform as quickly as possible. Lawrence excludes any liability for damages that the Service Provider may suffer due to the unavailability of its system.
9.4 Finally, Lawrence is not liable for damages resulting from the communication of inaccurate, incomplete or outdated information by the service providers or by the users. The same applies to any failure to update the information provided. No data is verified by Lawrence itself.
10. Applicable law and jurisdiction
10.1 The legal relationship between Lawrence and the Service Provider shall be governed exclusively by Swiss law.
10.2 For any dispute related to the TOS or the use of the platform, the place of jurisdiction is the headquarters of Lawrence, in Geneva, Switzerland.
11. General Provisions
Should one or more provisions of the TOU be or become ineffective and/or incomplete, they shall be replaced by one or more legally valid provisions whose content is as close as possible to the ineffective and/or incomplete provisions. The ineffectiveness and/or incompleteness of a provision shall not affect the validity of the remaining provisions.