general conditions
Effective July 30, 2025
1. Purpose and Scope of Application
These General Conditions (hereinafter, “Conditions”) regulate the provision of legal services and professional advice (hereinafter, the “Services”) by APNA ADVOCATS, S.P.L., operating under the name Martínez & Caballero Abogados (hereinafter, “M&C Abogados”), with registered office at Plaza Tetuan 40-41, Planta 1º, Puerta 21, 08010 Barcelona, CIF B67183491, in favor of each client (hereinafter, the “Client”).
These Conditions shall apply to all professional assignments (hereinafter referred to as the “Assignment” or the “Assignments”) made by the Client, without prejudice to any specific conditions that may be agreed in writing for a particular matter.
2. General Principles
The professional relationship is based on trust, transparency and collaboration between M&C Abogados and the Client.
The Client shall provide truthfully and completely all the information and documentation necessary for the correct provision of the Services.
M&C Abogados will always act with independence, diligence and respect for the deontological and professional rules of the legal profession.
The relationship will be one of leasing of services, with no obligation of result.
Professional Services
The scope and nature of the Services shall be specified at the beginning of each Order and may be subsequently modified by mutual agreement.
The Services will be provided by M&C Abogados lawyers, who will be able to assign the most appropriate professional team to the case.
The relationship is established only with the Client, without generating any legal relationship with related third parties (subsidiaries, partners, advisors, etc.), unless expressly agreed.
4. Intervention of Other Professionals
If the participation of other professionals (attorneys, notaries, experts, foreign lawyers, etc.) is necessary, the Client shall be responsible for hiring them.
M&C Abogados may recommend external professionals and coordinate the management, but will not be responsible for their performance or the payment of their fees.
5. Fees, Expenses and Billing
Fees will be agreed upon at the beginning of the assignment, and fixed rates, hourly rates or success percentages may be established.
Expenses incurred (travel, taxes, translations, courier services, etc.) shall be paid by the Client and may require provision of funds.
Invoices shall be payable at sight and, in any case, within a maximum period of 30 days from their issuance.
In the event of early termination of the Order, the Client shall pay the fees and expenses accrued up to that time.
6. Communications and Electronic Media
Communications may be made by e-mail or other electronic means.
The Customer assumes the risks inherent in the electronic transmission of data (losses, viruses, interceptions).
Instant messaging will not be used for formal legal advice.
7. Confidentiality and Professional Secrecy
All information and documentation provided by the Client shall be subject to the duty of professional secrecy, which shall survive even after the end of the contractual relationship.
Information will only be disclosed when there is a legal obligation or when required by a competent authority.
8. Prevention of Money Laundering and Financing of Terrorism
In accordance with the regulations in force, M&C Abogados may request identification documentation of the Client and his professional or business activity.
It may be necessary to report suspicious transactions to the authorities, without the possibility of informing the Customer of such reporting, and may involve the suspension of Services.
9. Intellectual Property
The works and documents prepared by M&C Abogados are its intellectual property.
The Customer may use them exclusively for the purposes of the Order.
Disclosure to third parties requires express written authorization.
10. Preservation and Storage of Documentation
M&C Abogados will keep the Client’s documentation for the duration of the Order and thereafter for the legally established time periods in order to attend to possible liabilities.
It may be stored in physical or digital support, including cloud services, adopting the necessary security measures.
11. Scope and Limitations of Liability
M&C Abogados shall only be liable for direct damages caused by wilful misconduct or gross negligence in the provision of the Services.
Any complaint must be made in writing within 2 years after the end of the assignment.
Liability shall be limited to the total amount of the fees paid for the assignment in question.
12. Termination of the Order
Both the Client and M&C Abogados may terminate the professional relationship at any time, with sufficient notice in order to avoid defencelessness.
In the event of termination, the Client shall pay the fees and expenses accrued up to that date.
13. Protection of Personal Data
M&C Abogados will process the Client’s personal data in accordance with Regulation (EU) 2016/679 (GDPR) and the applicable Spanish regulations.
It may be necessary to access data of third parties related to the Client (employees, counterparties, witnesses), which will be processed exclusively for the provision of the Services.
At the end of the Order, the data will be kept for the legal periods necessary to meet responsibilities.
The Customer may exercise their rights of access, rectification, deletion, opposition, portability and limitation of processing by written request to info@martinezcaballeroabogados.com.
14. Modification of the General Conditions
M&C Abogados may modify these Conditions due to regulatory, ethical or internal policy changes.
The modifications shall apply to the Orders subsequent to their publication or communication.
15. Applicable Law and Jurisdiction
These Conditions and the contractual relationship shall be governed by the common Spanish law.
For any dispute, the Parties submit to the Courts and Tribunals of Barcelona, unless the Customer is a consumer, in which case the jurisdiction of his domicile will be competent.
Martínez & Caballero Abogados
Plaza Tetuan 40-41, 1st Floor, Door 21
08010 Barcelona
CIF B67183491
www.martinezcaballeroabogados.com