II. CORPORATE POLICY
The present General Terms and Conditions of Kambourov and Partners for serv icing clients apply to the engagements of Kambourov and Partners on advisory, regular legal servicing and litigation projects when accepted by clients through signing letters of engagement or formalized agreements confirming presentation and receipt of these General Terms and Conditions by clients.
1. Team members
1.1 For the legal advice and services Kambourov and Partners shall form working team consisting only of employees of Kambourov and Partners unless otherwise explicitly and previously agreed.
1.2 Kambourov and Partners undertake that all members of the working team shall be obliged by legally binding instruments to observe confidentiality and will accept responsibility for any breach of confidentiality by such a member according to the general legal provisions.
1.3 Kambourov and Partners may not re-assign any services or activities assigned by the Client with regard to the Project to any third parties whatsoever without the preliminary written approval of the Client. In case of re-assignment of legal services to third parties Kambourov and Partners remain responsible to the Client for the good quality and correctness of the re-assigned serv ices.
1.4 Any supporting non-legal work needed for the provision of the services shall be assigned by Kambourov and Partners only to their employees (secretaries, paralegals and other supporting staff). Kambourov and Partners undertake the confidentiality obligation for any supporting staff involved in the provision of the services. The work of the supporting staff whatsoever shall not be charged to the Client.
1.5 The working team of Kambourov and Partners formed for provision of services under each engagement will be communicated in writing to the Client containing the name, the position, the contact details (including mobile phone and email) of each team member. By this communication Kambourov and Partners will nominate a team leader and/or project manager from superior level of the internal organization of Kambourov and Partners hav ing the corresponding experience.
1.6 Kambourov and Partners undertake that all team members are English speakers.
1.7 The Client may contact any of the team members at any time within the normal business hours in Bulgaria, i.e. each business day in Bulgaria between 9am and 6pm Bulgarian local time, in exceptional cases outside the normal business hours and on official holidays in Bulgaria.
1.8 Kambourov and Partners may divide the work needed for the provision of the services among the members of the working team. Irrespective of the internal division of the work among the members of the working team Kambourov and Partners are responsible for the good quality and timely provision of the services assigned.
1.9 Kambourov and Partners may change at any time the members of the working team prov ided that the conditions of this item 1 are met. Any changes in the working team during the provision of the legal and advisory services shall be communicated to the Client.
1.10 Kambourov and Partners has professional liability insurance. The total coverage of the professional liability insurance and the coverage for single case will be communicated to the Client upon request. All team members of Kambourov and Partners are covered by the said insurance. Upon request Client w ill be prov ided by a copy of the respective insurance policy/policies.
2. Terms for provision of the legal services
2.1 The signing of the respective letter of engagement or formalized agreement by Kambourov and Partners is only done after carrying out conflict-of-interest-check and such signing represents confirmation on behalf of Kambourov and Partners that they are not conflicted with the Client and the assigned legal serv ices and work.
2.2 The scope of assignment to Kambourov and Partners shall not include any issues not specifically addressed in the respective letter of engagement or formalized agreement as well as any issues, activities, assistance and services on criminal, pre-court, prosecutor, investigator, inspector, police and administrative penal proceedings and procedures. Such may be assigned only upon explicit and written agreements.
2.3 The respective letters of engagement and formalized agreements together with the present General Terms and Conditions regulate the relations between the Client and Kambourov and Partners only with regard to the scope and term of engagement of the legal serv ices and work specifically assigned by the same letters of engagement or formalized agreements. Unless otherwise specifically agreed in writing the signed letters of engagement or formalized agreements do not supersede, prev ail, alter, amend, supplement or affect in any way whatsoever the relations between Kambourov and Partners and the same Client or its affiliates established on the grounds of other letters of engagement or formalized agreements.
2.4 The legal advice and services shall be prov ided only upon the explicit order of the Client and the persons/entities nominated by the Client.
2.5 After receiving an order from the Client Kambourov and Partners shall respond, as far as it is possible according to the nature of the work, within the term required by the Client.
2.6 Kambourov and Partners shall be obliged to provide the legal adv ice and services in the way and in the form required by the Client. The communication with the Client shall be effected in Bulgarian and/or in English unless agreed otherwise.
2.7 Kambourov and Partners shall be responsible for the correctness and the reliability of the legal advice and services as far as the Bulgarian legislation and the practice of the Bulgarian State and municipal authorities and the Bulgarian State or arbitration courts are concerned. Kambourov and partners shall be responsible for the correctness and the reliability of the legal advice and services as far as the Bulgarian legislation and the practice of the Bulgarian State and municipal authorities and the Bulgarian State of arbitration courts are concerned. Kambourov and partners shall put their utmost care to legal advice and services concerning areas of crucial importance indicated bv the Client.
2.8 The relations and the correspondence between Kambourov and Partners and the Client shall be strongly confidential. Kambourov and Partners undertake not to disclose to any third parties whatsoever any information and documents about the work assigned by the Client, its subject and scope as well as about the targets and the goals of the Client that they have got or become aware of in connection with provision of the services.
2.9 Kambourov and Partners are obliged to act exclusively in the favour of the Client. Kambourov and Partners undertake the obligation not to provide any legal services or disclose any information to other clients, individuals and entities with regard to activities whatsoever related to the works assigned by the Client to Kambourov and Partners. Moreover, Kambourov and Partners undertake not to provide legal services to other clients, if they realize that the other clients seek legal assistance in a matter concerning the Client and the works assigned by the Client to Kambourov and Partners.
2.10 Kambourov and Partners shall provide to the Client and shall carry out only activities assigned by the Client. Kambourov and Partners will not take any activities whatsoever not assigned by the Client, irrespective of the fact that Kambourov and Partners consider these activities in the interests of the Client. In the latter case, however, Kambourov and Partners will inform the Client in due course.
2.11 The Client shall provide Kambourov and Partners with all information, documents and assistance necessary for the correct and on-time provision of the services with the purposes of completing the assignment.
2.12 The Client shall nominate person/s who are employees or assignees of the Client to carry out the working relations and correspondence with the team members of Kambourov and Partners. In such assignments the Client will provide to Kambourov and Partners regular and ongoing access to the premises, the documentation, the correspondence and the employees/assignees of the Client as needed for providing the serv icing of the Client. The Client shall procure that its employees/experts hav ing specific experience, skills, knowledge or know-how (such as accountants, operational managers, HR managers, financial officers, etc.) provide full assistance and support to the team members of Kambourov and Partners for the purposes of proper rendering the legal serv ices assigned.
2.13 In the cases where the Client uses other advisors or lawyers on issues assigned by the respective letter of engagement or formalized agreement or on issues interfering with the assignment under the respective letter of engagement or formalized agreement, the services shall be provided only after explicit decision of the Client. Kambourov and Partners will cooperate with such other lawyers and adv isors in the best way with view to the proper rendering of the serv ices assigned to Kambourov and Partners. The Client shall coordinate the interrelations and the correspondence between these other advisors and lawyers and Kambourov and Partners. In case the assistance or the advice of Kambourov and Partners differ from or contradict in any way whatsoever with issue or advice, document or actions of another advisor, lawyer or employee of the Client, the services under the respective letter of engagement shall be provided only upon explicit instructions of the Client whereas Kambourov and Partners shall have no responsibility for potential negative consequences or results not achieved.
2.14 The official correspondence with courts, authorities and private individuals and entities in relation to work and services assigned is carried out through and received by Kambourov and Partners unless otherwise specifically instructed in writing by the Client. Kambourov and Partners shall immediately and within the same business day inform the Client on any correspondence carried out or received and upon request by the Client forward it to the Client. Should the Client has instructed Kambourov and Partners that the official correspondence with courts, authorities and private individuals and entities in relation to work and services assigned is carried out or received by the Client or by third parties nominated by the Client, the Client shall immediately and within the same business day inform Kambourov and Partners on any correspondence carried out or received and forward such correspondence to Kambourov and Partners.
3. Fees and expenses
3.1 The fees of Kambourov and Partners as Outside Counsel of the Client shall be paid by bank transfers after presentation of respective invoice to the Client. The fees do not include government, municipal, notary, court and arbitration fees, expenses, withholding tax and VAT, if such are to be charged and paid according to the legislation applicable to such payments. The client confirms that the fees charged by Kambourov and Partners will be paid by funds originating from the Client's business activities. Unless otherwise specifically agreed in the respective letter of engagement or formalized agreement the fees will be charged and paid monthly until the fifth day of the subsequent month. In assignments referring to regular prov ision of legal services or ongoing and permanent basis and unless otherwise specifically agreed in the respective letter of engagement or formalized agreement, the fees will be charged and paid monthly until the fifth day of the current month. The invoices or requests for payment provided by Kambourov and Partners, if not objected within five business days as from their presentation to the Client, shall serve as proof for acceptance of the proper provision of the services charged to the Client.
3.2 If cap is agreed with the Client, then regardless of the fact that payments have been made up to the cap Kambourov and Partners shall continue to provide and shall complete the services in due course and with due care under the terms and conditions set out in the respective letter of engagement. Kambourov and Partners do commit to render all services and activities as per the scope of work assigned and as needed or required for finalization of the work assigned with due care regardless of the fact that any estimation of the chargeable hours made or presented to the Client has been reached and regardless of the amount of the chargeable hours accumulated in excess of such estimations.
3.3 If fiat fee is agreed, the fee will be due as per the terms and conditions set out in the respective letter of engagement or formalized agreement with the Client regardless of the number of hours and team members needed to provide the legal services and work assigned to Kambourov and Partners.
3.4 The hourly rates and the hourly fees of Kambourov and Partners are reported and charged in commenced 15-minute-units (e.g. 1 unit = 15 minutes, 3 units = 45 minutes, 4 units = 1 hour, etc.). Work descriptions and reports outlining the involvement of each team member by indiv idual activities shall be attached to the respective invoice. The work description and reports shall be considered accepted, if they are not objected in writing by the Client within five business days as from their presentation.
3.5 Upon delayed payment of the fees due to Kambourov and Partners interest for delayed payment will be accrued on the amount due following to the regulation of the applicable law. In case of delayed payment for more than 2 (two) months as from the respective maturity date of the payment, Kambourov and Partners are entitled to terminate the established contractual relationship with the Clients without losing other remedies available in cases of delayed or non-payment of fees as per the applicable law.
3.6 In case of assigned litigation (before state (civil or administrative) courts or arbitration courts) Kambourov and Partners apply fees structured in two parts: (i) retainer and (ii) contingency fee. Retainer fees are due for each court instance (for arbitration only one retainer fee is due). Retainer fees are payable within 5 (five) business days as from assigning the work with regard to each respective court instance (for arbitration cases one retainer fee is due upon assigning the work on the arbitration case). Contingency fee is agreed as percentage of the material interest being subject of the litigation, which material interest is adjusted/rejected in favor of the Client. The contingency fee is payable within 5 (five) business days as from issuing of final court decision or arbitration award or within 5 (five) business days as from signing/confirmation of out-of-court or in-font-of-court settlement on the assigned litigation case. The contingency fee is due and payable upon occurrence of the conditions as per the preceding sentence also in case the respective engagement with Kambourov and Partners has expired or has been prematurely terminated by the Client without cases of nonfulfillment of the obligations of Kambourov and Partners under the respective letter of engagement or formalized agreement due to fault of Kambourov and Partners.
3.7 The expenses needed for completing the assigned services (such as phone bills, travel costs outside Sofia, consumables, translator's fees, costs for outside experts and advisors, etc.) shall be recovered by the Client. Kambourov and Partners and the Client shall try to fix maximum budgets following to a preliminary estimation of the costs involved. The costs shall be recovered after presentation of respective cost reports and corresponding underlying documents. In any case, all costs exceeding EUR 500,- (five hundred Euros) will be approved in advance by the Client. Kambourov and Partners will not be held liable or responsible in any way whatsoever, if the Client does not or delays the provision of the necessary funds to cover the costs and the expenses for providing the legal services and works assigned in due and timely manner. The Client shall be offered to use special client's bank account of Kambourov and Partners where the Client could prov ide ongoing funds to be used for covering fees and costs related to the prov ision of the legal services assigned to Kambourov and Partners, such costs and fees to be withdrawn from the client's bank account against presentation of costs and expenses documents.
3.8 All payables to Kambourov and Partners for fees or recovery/provision of funds for expenses needed to render the legal services and work assigned shall be carried out in the agreed currency or in its equivalence in Bulgarian levs according to the official exchange rate as per the applicable law. All payables shall be deemed completed as from the moment when the respective funds are credited onto the bank accounts of Kambourov and Partners or as from the moment of the actual receipt of the funds in cash by Kambourov and Partners.
4. General provisions
4.1. By accepting the respective letter of engagement/signing the respective formalized agreement and accepting these General Terms and Conditions of Kambourov and Partners the Client agrees that the legal and contractual relationship between the Client and Kambourov and Partners with view to the respective assignment has been established and it will be regulated and settled under the provisions of the applicable Bulgarian law and especially under the provisions of the Bulgarian lawyers Act and the respective legislative instruments related to its application.
4.2 All disputes related to the conclusion, interpretation, application, execution and non-fulfilment contractual relationship established by the respective letter of engagement or formalized be resolved by negotiations between the parties. If no agreement has been reached the dispute shall be referred for resolving to the Arbitration Court with the Bulgarian Chamber of Commerce and Industry by three arbitrators whereas each party shall nominate one arbitrator, and the so nominated two arbitrators shall elect the third arbitrator. The arbitration proceedings shall be carried out in Bulgarian and according to the Rules of the Arbitration Court with the Bulgarian Chamber of Commerce and Industry·. The arbitral award shall be binding for Kambourov and Partners and the Client.
We go that extra mile
We take the time to get to know our clients’ businesses – how they operate, what are their specific needs, where are their weaknesses. We build strong client-attorney relationships that allow us to intervene swiftly in furtherance of their best interests.
Simplicity and straightforwardness are key
We cut through the complexity of legal theory to deliver clear, concise and straightforward advice. We know our clients and speak their language. We are overachievers and leave no stone unturned until we find the best possible solution.
Boldness, intelligence and serenity are innate to our work
We are bold and versatile. We take advantage of challenges and embrace new business realities. We re-shape the way legal services are delivered.
We get the bigger picture
Whatever we advise clients, we mind its overall impact on their future operations. We can predict and anticipate issues and prevent them from becoming problems.
We are mobile and flexible and offer the full set of legal services a client may need. We make great synergy as a team and our mutual work is dedicated to helping clients achieve success.
The firm is certified to an ISO 9001:2008 standard and operates a quality management system to ensure meeting client and stakeholder needs and complying with statutory and regulatory requirements.