TERMS OF USE OF PROVISION OF LEGAL SERVICES THROUGH THE LEGALCREATOR SERVICE
1. GENERAL INFORMATION
a) Document description and service provider
These Terms of Use of provision of legal services through the LegalCreator Services (“Terms”) are part of the obligation of the Law Firm Porobija & Špoljarić LLC in accordance with the provisions of the Civil Obligations Act, the Consumer Protection Act, Law on Advocates, and serve to ensure that the User, before concluding a long distance contract on the provision of legal services, is informed, in a clear and understandable way, of a number of circumstances relevant to the conclusion, execution and termination of the contract.
The term PSOD refers to a company:
Law Firm Porobija & Špoljarić LLC
Kolodvorska 12
42000 Varaždin
OIB (personal identification number): 02347849218
MBS: 070027615
T: +385 (0) 42 373 100
F: 385 (0) 42 213 731
E: info@psod.hr
W: www.psod.hr
These Terms regulate the use of the LegalCreator service and the legalcreator.psod.hr website.
We suggest that you thoroughly study these Terms of Use before using the LegalCreator service, as they also regulate consumer protection issues.
b) Definitions
These Terms apply to the use of the LegalCreator service as a separate and innovative form of PSOD legal service, as such the terms used in this documents are defined:
- User refers to the consumer (a natural person who orders and pays for any service (product) through the LegalCreator service present on the PSOD website), but also to users as legal entities, sole proprietors and natural persons who perform business activities if the legally authorized person within a legal entity uses the LegalCreator service directly on behalf and for the account of the legal entity.
- LegalCreator is a digital service which enables Users - clients of PSOD, based on a previously prepared document drafted by experts - lawyers, and by answering questions, enter the necessary information, to fill in, complete and download a legally binding document for a fee.
2. USE OF LEGALCREATOR SERVICES
a) Right of use and User obligations
By accepting these Terms of Use, it is considered that the User, for himself or for the legal entity he represents, has entered into a contract with PSOD for the provision of legal services, and thus became a client of PSOD in terms of the Law on Advocates and other regulations applicable to providing legal services.
The right to use the LegalCreator service is a personal right of the registered User and cannot be transferred to other natural or legal persons in any way. The direct User of the service can only be an adult with legal capacity. A contract in the name and on behalf of a minor and a legally incapacitated person may be concluded only by their legal representatives or custodians, and persons who are only partially capable to exercise rights may conclude a contract only with the consent of their legal representative or custodian. The responsibility for acting contrary to this provision lies entirely with the User or the person representing the actual User.
It is considered that at the moment of registration, i.e. confirmation of acceptance of these Terms, the User becomes a client of PSOD, and from that moment the rules governing the legal profession apply to the relationship between the User and PSOD, including the application of attorney-client privilege.
It is considered that at the moment of downloading the document prepared through the LegalCreator service, the ordered legal service is fully performed.
b) Registration (Signup)
To use LegalCreator services, registration is mandatory. In accordance with the regulations governing the legal profession, the provision of any legal service is not possible before the establishment of a lawyer-client relationship.
By registering and accepting these Terms, the User has entered into a contract with PSOD for the provision of legal services.
Entering valid personal data during registration is mandatory. The provision of false, obsolete or erroneous data exempts the PSOD from any liability for damages that would result for the applicant of false, obsolete or erroneous data.
In the event that the User in any way gives false data about his identity to the PSOD, PSOD is authorized and obliged to report it to the competent authorities without delay after determining that it is false data.
The LegalCreator system uses a unique Identyum sign-up system to register and log in Users. The general conditions of the Identyum sign-up system apply to the use of the Identyum sign-up system.
c) Security and veracity of data
The User is personally responsible for protecting the confidentiality of passwords, in places where they exist as such. The User is obliged to provide accurate, complete and valid personal data when filling out the registration form. Acting to the contrary, authorizes PSOD to deny such User access or realization of all or part of legal services through the LegalCreator service.
d) Delivery
All services provided, i.e., documents produced through the LegalCreator service are of a digital nature and delivery is performed exclusively by downloading the produced document to a computer or other form of storage of the User.
Physical delivery of the document is neither foreseen nor possible.
e) Service availability
The User is aware of the fact that sometimes there may be temporary interruptions in the provision of LegalCreator services, or events beyond the control of the PSOD and accepts that the PSOD is not responsible for any data loss that may occur during the transmission of data over the Internet. The User agrees and accepts that access to the LegalCreator service may sometimes be interrupted, temporarily unavailable or disabled.
f) Responsibility for use
Use of the LegarCreator service is the sole responsibility of the User. PSOD is exempt from any liability for damages that may occur when using the LegalCreator service due to illegal actions of third parties, computer viruses, interruption in the communication line, unauthorized access, inappropriate behavior, negligence, etc. and other cases for which PSOD is not responsible. PSOD is exempt from any liability in the event of circumstances that prevent the use of the LegalCreator service.
g) Sprječavanje pranja novca i financiranja terorizma
PSOD is obliged by the Act on the Prevention of Money Laundering and Terrorist Financing (OG 108/17, 39/19), and is authorized at any time to perform due diligence of the User in accordance with this Act. In the event that there is suspicion or high risk of a transaction that would be considered a suspicious transaction according to that Act is established, the PSOD is obliged to report such a suspicious transaction to the Anti-Money Laundering Office. Such an obligation does not violate the obligation to maintain legal professional privilege or the Contract on the provision of legal services between the User and PSOD.
Due to compliance with the provisions of the Act on the Prevention of Money Laundering and Terrorist Financing, in relation to downloading documents that may be a basis for transactions that may be defined as risky by the Act on the Prevention of Money Laundering and Terrorist Financing, PSOD is obliged to perform an additional verification of the User's identity through the processing of the User’s valid identification documents using a digital identification system. If the User does not want or cannot use the specified digital identification system, the User will be obliged to prove his/her identity to PSOD in another adequate way, and to make available to PSOD a copy of the identification documentation and other necessary documentation in order to perform the necessary verification in accordance with the Act on the Prevention of Money Laundering and Terrorist Financing. In the event that the User refuses or is unable to fulfill the obligation of additional identity verification, PSOD will not be able to provide the service of creating and downloading legal documentation relating to transactions that are marked as risky in accordance with the Act on the Prevention of Money Laundering and Terrorist Financing.
h) Changes to these Terms
PSOD reserves the right, at any time and without prior notice, if it deems it necessary, to cancel or change the content of these Terms, the scope of services, the price of legal services (in accordance with applicable regulations) or the content of the website legalcreator.psod.hr. Therefore, Users are obliged to review the content of the Terms before each use of the LegalCreator service. Failing to review the content of the Terms before each use exempts PSOD from any liability.
Amendments to the Terms come into force by being publishing on www.psod.hr.
3. PAYMENT OF SERVICES
a) Payment Methods
Payment for services performed through the LegalCreator service is made in HRK.
In accordance with the regulations governing the legal profession in the Republic of Croatia, the prices of certain services are expressed in HRK and include VAT (i.e., prices are expressed as net prices with VAT added in some cases). In accordance with the applicable regulations governing the provision of legal services and the content of the lawyer's website, the price of an individual service may not be made public and is available to the User only after registration of the User as a PSOD client. In any case, the User gets an insight into the price of the service before concluding the purchase, and can, based on the insight into the price of the service, withdraw from accepting the service until he confirms the payment for the service provided.
All listed prices are exclusively valid for the provision of the online LegalCreator service. The price of immediate and direct provision of the same service by a lawyer does not have to be the same.
PSOD is authorized to change prices without prior notice to the User, in accordance with these Terms.
b) Forms of Payment
Payment directly via the Internet, using the most modern credit card payment service: Visa, Visa Premium, MasterCard and Maestro.
c) Payment Security Statement
The most modern standards in data protection are applied - Secure Socket Layer (SSL) protocol with 128-bit data encryption and MD5 algorithm. The ISO 8583 protocol ensures that the exchange of data between the payment system and the authorization centers of card companies takes place in a private network, which is protected from unauthorized access by a double layer of firewall.
d) Payment Security
When paying for LegalCreator services, You use CorvusPay - an advanced system for secure acceptance of payment cards via the Internet.
CorvusPay ensures the complete confidentiality of card data from the moment it is entered into the CorvusPay payment form. Payment data is forwarded encrypted from the User's web browser to the bank that issued the User's card. The PSOD never comes into contact with the complete details of the User's payment card. Also, the data is inaccessible even to CorvusPay system employees. The isolated core independently transmits and manages sensitive data, keeping it completely secure.
The form for entering payment data is provided with the SSL transport code of the highest reliability. All stored data is additionally protected by encryption, using a cryptographic device certified according to the FIPS 140-2 Level 3 standard. CorvusPay meets all requirements related to the security of online payments prescribed by leading card brands, i.e. operates in accordance with the standard - PCI DSS Level 1 - the highest security standard of the payment card industry. When paying with cards included in the 3-D Secure program, the User's bank, in addition to the validity of the card itself, additionally confirms the User's identity using a token or password.
Corvus Info considers all collected data to be a bank secret and treats it accordingly. The data is used exclusively for the purposes for which it is intended. Your sensitive data is completely secure, and its privacy is guaranteed by state-of-the-art security mechanisms. Only data necessary to perform the work in accordance with the prescribed demanding procedures for online payment are collected.
4. CONSUMER RIGHTS
a) Unilateral Termination of the Contract
Applicable legislation (Consumer Protection Act) prescribes the following:
The Consumer who has entered into a long-distance contract has the right, without giving reasons, to unilaterally terminate the contract within 14 days.
In the case of concluding a service contract, as well as in the case of concluding a contract whose subject is digital content that is not delivered on a physical medium, the deadline for unilateral termination of the contract (14 days) starts from the day of conclusion the contract. If the trader does not notify the Consumer of this right, the Consumer's right to unilateral termination of the contract terminates within 12 months from the expiration of the termination period (12 months begins after the expiration of 14 days provided for regular termination in case of proper notice).
If, on the other hand, the notice of the right to unilateral termination is submitted within 12 months, the right to unilateral termination expires after the expiration of a period of 14 days from the day the Consumer receives that notice. The Consumer is obliged to inform the vendor/Service provider of its decision to terminate the contract before the expiration of the deadline for unilateral termination via the Form for unilateral termination of the contract which is available here and which can be filled in electronically and sent to the e-mail address legalcreator@psod.hr.
We will send you an acknowledgment of receipt of the notice of unilateral termination of the contract by e-mail without delay.
If the User unilaterally terminates this Contract, PSOD will execute a refund if applicable, without delay, and no later than 14 days from the date of receipt of the decision to unilaterally terminate the contract. The costs of returning the goods are borne by the Consumer unless the reason for the return is the responsibility of PSOD. The refund will be made in the same way as the payment.
Pursuant to the Consumer Protection Act, the Consumer is not entitled to unilateral termination of the contract if:
- the Consumer has fully completed the service contract, and the completion began with the explicit prior consent of the Consumer, and with his confirmation that he is aware of the fact that he will lose the right to unilateral termination of the contract from this section if the service is fully completed;
- the subject of the contract is goods that are made according to the Consumer's specification or that are clearly modified to the Consumer;
- the subject of the contract is the delivery of digital content that is not delivered on physical media if the completion of the contract began with the express prior consent of the Consumer and his confirmation that he is aware of the fact that he will lose the right to unilateral termination of the contract.
IMPORTANT
Due to the nature of the services provided through the LegalCreator service (digital content created according to the Customer/User specification), the User will in no case have the possibility or right to unilaterally terminate the contract after downloading the content created using the LegalCreator service.
b) Liability for Material Defects/Complaints
PSOD is responsible for material defects in the content created through the LegalCreator service, which it sells on its website in accordance with the Civil Obligations Act.
Since the User has the opportunity to review in detail the content produced on the LegalCreator service before payment and download, it is considered that the downloaded content created through the LegalCreator service downloaded by the User had no visible defects. The User has the right to complain in relation to material defects within the deadlines and for reasons prescribed by the provisions of the Civil Obligations Act. The Buyer can send a written complaint:
- electronically to e-mail legalcreator@psod.hr with the indication "Complaint"
- in writing to the address Law Firm Porobija & Špoljarić LLC, Kolodvorska 12, 42000 Varaždin, with the indication "Complaint"
PSOD will consider the complaint valid if, when reviewing the content, it determines that it meets the conditions for a valid complaint in accordance with the Civil Obligations Act and the Consumer Protection Act. In that case, PSOD will change the content of the document or return the entire amount paid within 15 days of receiving a valid complaint. If, on the other hand, it finds that the complaint is not valid, i.e., if it rejects the complaint, it will notify the User within 15 days from the date of receipt of the complaint.
You can make an online complaint here.
c) Contract Duration
The contract that the User enters into with PSOD is a contract for the provision of legal services.
The Contract may be concluded on a one-time basis in relation to the one-time created and downloaded content through the LegalCreator service, or for a period of one year within which the User has the opportunity to use and create content through the LegalCreator service.
By accepting these Terms, a contract on provision of legal services between PSOD and the User is deemed concluded.
d) Warranty (Guarantee)
In accordance with the Law on Advocates and these Terms, PSOD guarantees that parts of the delivered documents that do not contain data filled in by the User comply with regulations relating to that document and that a particular document is suitable for the implementation of the legal relationship for which it is intended. This warranty is valid at the time the document is created. In the event of a change in regulations after delivery of the document, the warranty is no longer valid. The warranty is valid only for an individual document that has been delivered to the User and paid for by the User. Re-use of the same document with or without modification of its content outside the LegalCreator service is a reason to cancel the warranty and PSOD is not responsible for any deficiencies of such a document.
The PSOD does not guarantee the validity and accuracy of the data entered into the document by the User through the LegalCreator system, or the unsuitability of the document for the intended purpose if the User incorrectly or wrongly answered one or more questions intended to determine the true will of the User.
e) Personal Data Protection
The protection of the User's personal data is governed by the PSOD Privacy Policy.
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