The online legal consultation is provided by Antalóczy Law Firm in accordance with the terms and conditions set out in these General Terms and Conditions (hereinafter: GTC).

Details of the law firm and the lawyer:

name: Antalóczy Law Firm
seat: 1106 Budapest, Fehér út 10, White Office Office Building, fszt. 17.
registered by: Budapest Bar Association
tax number: 18292727-2-42

website: www.antaloczy-legal.hu
e-mail: office[at]antaloczy-legal.hu
phone: +36 30 488 6186

represented by: dr. Antalóczy Adrienn LL.M., lawyer

(hereinafter: AÜI)

I. Scope and availability of the GTC

1. These GTC cover the online legal consultation service provided by AÜI.

2. The client who uses the online legal consultation service (hereinafter: Client) engages in online legal advice requiring (labour) legal expertise and pays a fee to AÜI for the provision of such service. AÜI shall provide the online legal consultation service to the best of its knowledge.

3. The Client shall provide AÜI with the documents, data and all other information necessary for the provision of the online legal consultation service in due time and to the extent required, electronically, in particular by sending scanned documents by e-mail.

4. Online legal consultation service is only available for employment law issues. Online legal consultation service is available in the form of video-conferencing or oral consultations by telephone (e.g. Teams, Skype, telephone). Therefore, the Client is able to receive online legal advice if he/she has telephone or internet access and an application for video-conferencing (e.g. Teams, Skype).

5. To this end, AÜI shall make the content of the current version of the GTC available to the Client electronically or send it to the Client as an electronic document. By clicking on the GTC on the website of the AÜI, the Client confirms that he/she has read and accepted the contents of the GTC. The sending of an electronic document or link containing the GTC to the Client’s e-mail address shall have the same effect, provided that the Client has not objected to the content of the GTC within 30 days of sending them. The GTC in force shall be published on the website of the AÜI and shall permanently be available to its clients there.

6. The engagement of a lawyer shall in any case be subject to a free agreement, with the provisions of Act V of 2013 on the Civil Code (hereinafter: Civil Code) and Act LXXVIII of 2017 on the Activities of Lawyers (hereinafter: Act on the Activities of Lawyers) being applicable mutatis mutandis.

7. In the event of any discrepancy between the provisions of the GTC and the terms individually negotiated with the Client, the latter shall prevail.

II. Mandate for online legal consultation service

8. AÜI is not obliged to accept an offer for mandate by the Client and is not obliged to give reasons for its decision.

9. AÜI is not obliged to make an offer for online legal consultation service regarding the Client’s request, and, if it does make an offer, it may specify the time period for which the offer is binding or withdraw the offer before it is accepted. AÜI reserves the right not to send a pro-forma invoice to the Client despite having individually negotiated the terms and conditions.

10. The parties shall negotiate the specific terms and conditions of the online legal consultation service. No written mandate for online legal consultation service is necessary. In matters not covered by the mandate, the provisions of these GTC shall apply mutatis mutandis.

11. AÜI does not provide pro bono online legal consultation service. The Client shall be liable to pay a fee for the provision for the online legal consultation service rendered by AÜI, i.e. the mandate is not free of charge. The individual mandate for online legal consultation service is concluded upon full payment of the individually negotiated legal fees on the basis of a pro-forma invoice issued by AÜI.

12. The legal fee shall be agreed individually by the parties. If the individually negotiated terms and conditions do not include legal fees regarding a sub-task related to the provision of the online legal consultation service, the parties shall settle the fee for that sub-task at the hourly rate used as a basis for calculating the individually negotiated fee. Each half hour commenced shall be charged.

13. AÜI informs the Client that the mandate of the lawyer is a duty of care and not a duty to achieve results, therefore AÜI is entitled to the legal fee, which will not be refunded to the Client in whole or in part, even if the online legal consultation service has not led to a result or the Client does not agree with the legal position of AÜI.

14. The payment of the legal fee for online legal consultation service can be made by the following steps. The Client provides the billing information to AÜI through the website or by sending an e-mail directly to AÜI. Once the details are provided, a pro-forma invoice will be sent to the e-mail address provided by the Client. The pro-forma invoice will include the legal fee that is calculated for the online legal consultation service based on the hourly rate of the lawyer considering a preliminary estimate of the hours of work for the related document review and the actual consultation. Each half hour started will be charged. The legal fee is subject to VAT at a rate of 27%. The fee is payable by bank transfer to the bank account number indicated on the pro-forma invoice and is deemed to be paid when credited to AÜI’s bank account. An electronic invoice (where applicable, an electronic advance invoice and a final invoice) will be issued by AÜI and sent to the Client by e-mail. The use of electronic invoicing is expressly accepted by the Client by accepting these GTC.

15. Once the legal fee has been credited, the performance of mandate is deemed as started immediately given the very short time limit. Online legal consultation service is provided at a lower legal fee than the market rate. For this reason, considering sections 13, 19, 20, 22 (1) a.) and 26 of the Government Regulation No. 45/2014 (II.26), the Client is not entitled to withdraw from the contract after payment of the legal fee for online legal consultation service, and the legal fee is not refundable, either in whole or in part. The reason for this is that the submission of requests for online legal consultation service is continuous and AÜI will organize its work and its time schedule in accordance with the continuous flow of requests and undertakes to start the execution as soon as possible after receipt of the requests.

16. In order to receive online legal advice, the Client provides personal data (surname, first name, e-mail address, billing address), which are necessary for the consultation and the contact. In case the invoice is to be issued to a company, the Client has to provide the company name and tax number as well, which are not personal data. In addition, the Client shall provide AÜI with the data, information and documents necessary to answer his/her employment law related question. The (personal) data are provided on a voluntary basis.

III. The process of online legal consultation service

17. AÜI shall provide online legal consultation service on the basis of and taking into account the factual information and documents provided by the Client. The Client shall be responsible for the authenticity of the data, information, documents and other evidence provided by him/her, for any errors in form or content, for any omissions, incompleteness or other defects in the data, information, documents or other evidence and for the consequences of any delay in providing them.

18. The Client acknowledges the information provided by AÜI that he/she must also take into account the risk of a different interpretation of the law, different assessment of evidence by the authorities or courts, different assessment of evidence and different application of the law. The risk of a different application of the law, including risks arising from the lack of uniform practice, delays in formal proceedings, unpredictability, etc., is borne by the Client.

19. The online legal consultation service consists of two parts: a preliminary document review and a consultation with the Client. During the document review, AÜI will study the documents, data and information provided by the Client and analyze them from a legal point of view on the basis of the question(s) asked by the Client. The examination of the files shall be carried out by AÜI prior to the direct consultation of the Client by videoconference or telephone. The videoconference or telephone consultation shall take place at a time and duration agreed in advance. For this purpose, AÜI will send an invitation or AÜI will call the Client by telephone at the phone number provided.

20. The Client bears the risk of dialing in late or missing the consultation appointment. The duration of the consultation shall not be extended by the duration of the delay, and neither in this case nor in the event of a missed appointment shall the legal fee paid in advance on the basis of the pro-forma invoice be refunded in whole or in part. Extensions (whether for delay or otherwise) or a new consultation appointment (whether for default or otherwise) may be possible subject to payment of the relevant legal fee and depending on the workload of AÜI. If the Client gives an additional mandate on the basis of the consultation (e.g. drafting of documents, legal representation, etc.), the terms and fees shall be agreed separately between the parties.

21. WARNING! Online legal consultation service is limited in the information it can provide and in the answers it can give, and is therefore not always suitable for a full discussion of the issue. As a consequence, online legal consultation service is not necessarily suitable for the development of a complete and correct legal opinion in all respects. The consultation is primarily a guide and an aid to a rapid decision making process by You, a discussion which You may wish to have, which we take no responsibility for.

IV. Attorney-client privilege, liability

22. AÜI shall keep confidential all facts, information and data which it becomes aware of in the course of its work as a lawyer. This obligation is independent of the existence of the lawyer’s engagement and continues without limit in time even after the lawyer ceases to be a lawyer. The confidentiality shall also apply to any other document drawn up by the lawyer and being in his/her possession, provided that it contains facts and particulars covered by confidentiality. In the course of an investigation conducted by the authorities in the lawyer’s premises, the lawyer shall not disclose documents and particulars relating to his/her client, but shall not obstruct the proceedings of the authorities. The attorney-client privilege shall apply mutatis mutandis to the employees, deputies and assistants of AÜI.

23. The person bound by confidentiality shall keep attorney-client privileged information towards any other persons.

24. Release from attorney-client privilege may be given by the person who is entitled to dispose of the secret (e.g. the Client, his/her legal successor, legal representative, etc.). If there is more than one person entitled, the release must be granted by all of them.

25. The Act on the Activities of Lawyers determines exceptions from the above attorney-client privilege.

26. AÜI has compulsory liability insurance to cover damage caused in the course of its activities as a lawyer. In relation to its legal, material and damage liability in respect of matters provided under these GTC, AÜI shall be liable for claims of any kind against it, other than those caused by intentional criminal acts, up to the amount actually covered by its compulsory liability insurance, and excludes all liability for any further legal, material and damage claims to the fullest and most extensive extent permitted by applicable law. For the purpose of the limitation of liability as set out above, the hourly rate for the lawyer’s services has been set at a level approximately 15% lower than the generally accepted hourly rates for lawyers of a similar specialisation and quality in Hungary, which may be considered as a reasonable consideration for the limitation of liability. In view of the above, the Client, by accepting these GTC, expressly accepts the above limitation of AÜI’s liability.

27. AÜI excludes all liability for damages resulting from case management on a courtesy basis.

28. The limitation period for any claim regarding damages arising from the mandate shall be 1 (one) year after the damage occurred.

29. As regards the formalities for contractual declarations, declarations sent by electronic means shall be deemed to be made in writing. The date of communication of a statement sent by AÜI by electronic means shall be the date of dispatch or, in the case of a statement sent after 5 p.m. on a working day, the next working day. The Client accepts the authenticity of the data recorded in the AÜI’s computer system and, in the event of a dispute, accepts it as evidence of the fact and time of sending the electronic mail and of its content.

30. If the Client instructs other lawyers for the issue(s) that are the subject of the online legal consultation service, the Client acknowledges that he/she bears the risk of evaluating the different positions of several lawyers in the same issue and of making a decision that may have legal consequences. In this respect, AÜI shall not be liable. AÜI shall not be liable if the Client makes partial use of or extracts parts of the legal advice received from several lawyers, or misinterprets it, and AÜI shall not be liable for the consequences of the erroneous or unfounded compilation of the opinions of several lawyers which the Client is unable to overrule. In addition, the Client acknowledges that AÜI’s claim for legal fees shall not be affected by the fact that the Client engages another lawyer in the same matter or by the fact that another lawyer takes a different legal position from AÜI in the same matter.

V. Final provisions

31. AÜI draws the Client’s attention to the fact that prior to the acceptance of these GTC, the Client has the right to deviate from any of the terms and conditions, to request their amendment according to his/her needs and, on this basis, to conclude an individual mandate accordingly.

32. The Client declares that he/she has read and understood these GTC in their entirety and, having considered them, declares that he/she does not request any deviation and accepts them without modification.

33. The entire agreement for online legal customer service shall be these GTC and the specific terms and conditions negotiated by the parties. The current GTC are available on the AÜI’s website, the individually negotiated terms and conditions are contained in email exchanges between the parties, which are available and accessible electronically to both parties.

34. These GTC shall take effect from 1 October 2023 until withdrawal.