Legal Notice and Terms of Use

ARTICLE 1. IDENTIFICATION

Website publisher "rous-avocat.fr":

Rodolphe Abel Arthur ROUS Law Firm – 139 Vendôme Street – 69006 Lyon

SIRET: 519 137 939

VAT number: FR 65519137939

Phone: +33428294135

Publication Director: Rodolphe Abel Arthur ROUS

Hosting provider: Wix.com, Namal 40, Tel Aviv, Israel

Design and realization: Rodolphe Abel Arthur ROUS

 

ARTICLE 2. OPERATION

Our site "www.rous-avocat.fr" (hereinafter the Site) is accessible 24/7, except for necessary interruptions for technical maintenance, upkeep, and updates that the Firm deems useful to carry out.

 

ARTICLE 3. PERSONAL DATA

The Firm commits to ensuring that the collection and processing of personal data, carried out from the Site for which the Firm is responsible, are performed in accordance with Law No. 78-17 of January 6, 1978, relating to information technology, files, and freedoms, known as the "Information Technology and Freedoms" law.

3.1. By personal data, the Firm means all information related to an identified or identifiable natural person by one or more elements specific to them, provided on the Site notably to contact us or subscribe to our Newsletters.

The personal information provided on our Site enables the processing of your requests.

Personal data collected on our Site may be transmitted to the lawyers, legal professionals, and administrative staff of the Firm, and where applicable, to our IT subcontractors.

Your personal data are not transferred to non-EU member states.

They are kept for a maximum duration of one year after the last contact on your part.

3.2. Rights over your personal data

You have the right to oppose the processing by the Firm of personal data concerning you.

Moreover, you have the right to access, communicate, modify, rectify, and delete information concerning you, collected during your visits to the Site.

Specifically, you have the right to question the Firm to obtain confirmation whether your personal data are or are not being processed, information relating to the purposes of the processing, the categories of recipients to whom these are disclosed.

We inform you that a copy of the personal data concerning you can be delivered to you, upon request and against reimbursement of the reproduction costs of it.

However, the Firm may oppose manifestly abusive requests, in particular by their number, repetitive or systematic nature.

To exercise these rights, simply send a postal letter to the following address:

Mr. Rodolphe Abel Arthur ROUS, 139 Vendôme Street 69006 Lyon France

The personal information collected from the Site is kept in accordance with the rules prescribed by the "Information Technology and Freedoms" law.

 

ARTICLE 4. NEWSLETTERS

If you have expressly wished through our online forms, you may receive our newsletters.

If you no longer wish to receive these offers, you have the right to oppose, in particular by clicking on the unsubscribe link contained in the emails that may be sent to you.

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ARTICLE 5. COOKIES

To facilitate your access to the services offered (notably, by limiting the loading time of our pages during your future visits), we install "cookies," that is, small files, on your hard drive.

These cookies are intended only to establish connection witnesses, and therefore to identify your computer to facilitate your navigation.

The retention duration of this information is 1 year.

You can oppose the recording of "cookies" by configuring your browser as follows:

For Mozilla Firefox: 1. Choose the menu "tool" then "Options" 2. Click on the "privacy" icon 3. Locate the "cookie" menu and select the options that suit you

For Microsoft Internet Explorer 6.0: 1. choose the menu "Tools", then "Internet Options". 2. click on the "Privacy" tab 3. select the desired level using the slider.

For Microsoft Internet Explorer 5: 1. choose the menu "Tools", then "Internet Options". 2. click on the "Security" tab 3. select "Internet" then "Custom Level" 4. locate the "cookies" section and choose the option that suits you

For Netscape 6.X and 7. X: 1. choose the menu "Edit">"Preferences" 2. Privacy and Security 3. Cookies

For Opera 6.0 and beyond: 1. choose the menu "File">"Preferences" 2. Privacy

Be aware: such opposition may alter the quality of your access and/or navigation on the Site.

 

ARTICLE 6. INTELLECTUAL PROPERTY

The general structure of our Site and all the contents broadcast on this Site (images, articles, photographs, logos, brands, videos, interviews, sounds, texts...), are protected by the legislation in force in France in terms of intellectual property, including copyright, related rights, trademark law, the right to one's image, and by the applicable international legislation.

All reproduction rights are reserved, including for downloadable documents, iconographic and photographic representations.

As such, without express authorization from the Firm, it is strictly prohibited to reproduce or represent the contents of our Site for purposes other than personal consultation, to modify or adapt them in whole or in part.

Analyses and short quotations of parts of our Site are, in accordance with article L.122-5 3° of the Intellectual Property Code, authorized provided they are justified by the critical, polemical, educational, scientific, or informative nature of the work to which they are incorporated, and the clear and apparent indication of the following mentions: "Rodolphe Abel Arthur ROUS – document from the website rous-avocat.com – All rights reserved".

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ARTICLE 7. LIABILITY

7.1. The Site aims to present the activity of the Firm.

None of the information on the Site may be interpreted as pre-contractual information relating to the Firm's services, nor as constituting any contractual guarantee offered by the Firm in the context of its activity.

7.2. The Firm cannot guarantee the user the secrecy of correspondence of emails or any other mode of communication using the support of the Internet network and which can be captured by a third party, due to the mode of data circulation on this network.

Furthermore, it is up to each user to take all appropriate measures to protect their own data and/or software from contamination by possible viruses circulating on the internet.

7.3. The Firm cannot be responsible for the consequences, direct or indirect, that may result from your errors in entering contact details or any other incomplete or erroneous information transmitted by you via this Site.

 

ARTICLE 8. HYPERTEXT LINKS

The creation of hypertext links (simple or deep) to the Site is subject to the prior agreement of the Site's Publication Director.

The hypertext links implemented towards other sites cannot engage our responsibility, our firm not exercising any control over the content of these sites.

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ARTICLE 9. SITE NAVIGATION

To optimize navigation on this Site, the following configuration is recommended:

Browser: Mozilla Firefox 1.5+, Internet Explorer 6

Screen resolution: 1024 x 768 +

Colors: 32 bits

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ARTICLE 10. APPLICABLE LAW

In accordance with article 17 of the Law for Confidence in the Digital Economy, French law is applicable to this Site.

 

 

 

GENERAL CONDITIONS OF THE FIRM'S INTERVENTION

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These general conditions of intervention of the firm determine the general framework for the execution of legal services performed by this Firm for its clients.

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The lawyers of the firm are subject to the National Internal Regulations of the lawyers' profession and the regulatory provisions specific to the Bar to which they are registered, including in particular the deontological rules applicable in the exercise of their profession.

Their interventions on behalf of the Firm's clients are governed by these General Conditions, except for express and written particular agreements. However, none of these agreements may derogate from the provisions of the National Internal Regulations of the lawyers' profession and the provisions of these GCI relating to the management of difficulties related to settlements.​

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1. FIRM'S MISSIONS

1.1 Assistance/Representation in Justice

1.1.1. The lawyers of the Firm represent or assist the client who makes the written request before all jurisdictions. The diligences performed in this respect are remunerated according to the rules defined in article 2.

1.1.2. Except in cases of emergency or particular case, the acts and writings dealing with the substance of the case are sent to the client as a draft for opinion and discussion.

1.1.3. Depending on the type of litigation, the intervention of pleading lawyers or other legal auxiliaries may be desirable or required in order to perform certain procedural acts and/or formalities, it being specified that the lawyers of the Firm retain, except for special procedures, the power to develop a strategy, produce writings, and plead the case.

1.2 Legal advice

1.2.1 The lawyers of the Firm provide all legal advice in the form of written consultations or drafting of legal acts (contracts, agreements, letters, etc.) having previously been the subject of a written request from the client specifying the question asked or the object of the act and indicating the relevant factual context. This request is accompanied by all useful documents. Advisory missions may also consist of assistance during negotiations or a written mandate for negotiation, talks, or transaction, or in oral advice. These diligences are remunerated according to the rules defined in article 2.

1.2.2 If the required advice concerns foreign law, the opinion of local correspondents may be sought.

Without prejudice to the application of national rules governing the exercise of the profession of lawyers, the intervention of the Firm's offices located abroad takes place under the conditions and limits resulting from the mandatory rules of the legislation of the countries concerned. The concerned office will inform the Client if necessary.

1.3 Formalism of missions

At the beginning or at any appropriate time of the relationship between the Client and the Firm, they may establish a Fee Agreement applicable to all missions or files treated.

A Mission Letter is established for any mission or intervention, in accordance with the provisions of the law 71-1130 of December 31, 1971.

The contractual link exists as soon as the parties agree on the acceptance of the Mission and the price. The firm is not required to start the Mission until the client has expressly agreed to the mission letter.

The Mission Letter describes the mission entrusted, the modalities of its execution, the procedure(s) that the firm will implement or the acts it may be led to establish alone or with one or several other colleagues.

In the absence of a previously established Fee Agreement, this Mission Letter serving as a fee agreement specifies the amount or method of determining the fees covering the foreseeable diligences as well as the various expenses and outlays envisaged.

The client accepts these general conditions by entrusting a Mission to the firm and signing the Fee Agreement or the Mission Letter.

The Fee Agreement and the Mission Letter may be established in electronic form or on paper. The Client and the Firm Rodolphe ROUS recognize using email communication as a valid proof mode (with or without acknowledgment of receipt).

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2. FEES

2.1 Amount or method of determining fees

2.1.1 Unless otherwise agreed, the missions described in article 1 are subject to remuneration for time spent according to the ex-tax hourly rates of the lawyers of the Firm which vary according to their status (partners or associates), their area of intervention and their experience, as well as the nature and degree of complexity of the case. For certain cases, it may be agreed with the client the payment of an additional success fee, the cause, base, and method of calculation of which are previously fixed by an agreement.

2.1.2 An indicative fee proposal may be sent to any potential client making the request. The lawyer guarantees the predictability and transparency of the fees. He informs his client as soon as he is seized and then regularly of the modalities of determination of the fees and of the foreseeable evolution of their amount. If necessary, this information appears in the Mission Letter.

2.1.3 Depending on the nature of the file, a provision on fees may be requested from the client before any diligence.

2.1.4 Unless otherwise agreed, the fees do not include the expenses incurred by the Firm to carry out its mission (travel expenses, catering, etc.) which will be reimbursed by the client, nor the outlays that it will pay directly. The fees of the interveners referred to in articles 1.1.3 and 1.2.2 are recovered by them directly from the client.

2.1.5 The duration and modalities of revision of the hourly rates or other fee scales provided for in the Fee Agreement are specified by this same Agreement.

2.2 Billing and payment methods

2.2.1 The fees relating to the diligences performed by the lawyers of the Firm are invoiced by monthly periods by the partner responsible for the file, unless he decides to postpone the billing given the particularities of the file or specific agreement.

2.2.2 The fee invoice details the diligences accomplished, if necessary the time spent on the realization of essential services, the total time spent, and recalls the hourly rates retained for its establishment.

2.2.3 Fee invoices are payable upon receipt of the invoice. In accordance with article L 441-6 of the commercial code, any payment occurring beyond the due date renders the client liable, without a prior reminder being necessary, to a late payment penalty calculated at the rate of 1% per month of delay, as well as a fixed recovery indemnity of 40 €.

2.2.4 Management of difficulties related to payments

In addition to the legal sanctions applicable as of right in the absence of payment of the invoices at the due date, it is specified that in case of late payment at the due date or in case of non-payment of the fee and expense invoices, the Lawyer reserves the right to suspend the execution of his mission until the perfect payment of the due invoices or to terminate it, which he will inform his client while drawing his attention to the possible consequences.

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3. DISPUTE

Any dispute with a client that cannot find an amicable settlement will be submitted to the Bâtonnier of the Order of Lawyers at the Lyon Bar in accordance with articles 174 and following of the decree n° 91- 1197 of November 27, 1991 organizing the profession of lawyer.

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4.GENERAL PROVISIONS

These General Conditions of Intervention are sent to the Client prior to or at the time of the establishment of the fee agreement or the first mission letter. They are consultable on the firm's website at the address http://www.rous-avocat.com/Legal-notice.html

The fact that Mr. ROUS does not take advantage at a given moment of any of these CGI cannot be interpreted as a waiver to take advantage of them later.