Terms and Conditions of Use and Provision of Services

1. General provisions and acceptance of the terms

This document, referred to below as the ‘Terms and Conditions’, sets out the rules and conditions applicable to access to and use of the website www.avocatbasuc.ro, its subdomains, online forms, booking and payment systems, and the private digital space referred to below as the ‘Client Portal’.

By accessing the Website, using its features, creating or using an account in the Client Portal, submitting a request, uploading documents or making a payment through the platform, the User confirms that they have read this document and accept the conditions applicable to the service used.

Acceptance of these Terms and Conditions does not, in itself, constitute the lawyer’s acceptance of a case and does not automatically establish a lawyer–client relationship.

The professional lawyer–client relationship is governed by Law No. 51/1995 on the organisation and practice of the legal profession, the Statute of the Legal Profession, the legal services agreement concluded for the requested service and all other applicable legal provisions.

If there are differences between this document and a legal services agreement concluded with a Client, the provisions of that agreement prevail in relation to the particular professional engagement, to the extent permitted by law.

2. Identification of the lawyer and professional practice

The website www.avocatbasuc.ro and the Client Portal are used in the professional activity carried out by:

For the collaborating lawyer’s personal clients, professional services are provided through the professional practice in which the lawyer works, in accordance with Law No. 51/1995 and the Statute of the Legal Profession.

The use of the trading name, the domain avocatbasuc.ro, graphic elements or the name ‘Avocat Basuc’ on the website serves to identify the professional and present the services, and does not declare the existence of a separate professional practice named ‘Avocat Basuc Cosmin Ștefan’.

3. Information published on the Website

Articles, guides, legal materials, general answers, legislative information and other materials available in the public section of the Website are exclusively general and informational.

This information is not individualised legal advice and cannot replace an assessment of a person’s specific situation, documents, evidence, circumstances and objectives.

Simply accessing the Website, completing a form, sending an email or message, using WhatsApp or creating an account in the Client Portal does not automatically establish a lawyer–client relationship or oblige the lawyer to accept the case.

Acceptance of a case may depend, as appropriate, on verifying the Client’s identity, checking for potential conflicts of interest, receiving and reviewing documents, defining the scope of the engagement, agreeing the fee and concluding a legal services agreement.

4. The Client Portal

To facilitate communication and management of the professional relationship, clients are provided with a private digital space called the ‘Client Portal’.

4.1. Portal features

Depending on the services and features available at the time of use, the Portal may allow the Client to:

• send and receive legal documents, written records, procedural documents and evidence;
• communicate directly with the lawyer through the messaging system;
• provide information and instructions relating to the case;
• access information about the progress of cases or proceedings;
• receive agreements, annexes, notices or other documents;
• confirm certain documents or instructions;
• upload documents requested by the lawyer;
• make payments for legal services;
• view invoices, payment confirmations or other administrative information;
• use other features needed to administer the professional relationship.

Information about court dates, hearings, case progress or other proceedings displayed in the Portal is provided for information purposes.

If information displayed in the Portal differs from an official communication issued by a court, public authority or other institution, the official communication prevails.

5. User account and security

Access to the Client Portal may be based on individual login credentials.

The Client is responsible for keeping their access details confidential and must inform the lawyer without delay if they discover or suspect unauthorised use of the account.

The Client must not disclose their credentials to another person or allow third parties to use their account, except for authorised representatives or agents.

Actions carried out through an authenticated account may be recorded in the system together with the technical information needed to identify the operation and ensure its traceability.

As appropriate, this information may include the date and time of the operation, the account identifier, the document accessed or confirmed, the IP address, technical session identifiers and other data reasonably necessary for platform security and documenting the activities performed.

6. Verification of the Client’s identity

To provide legal services and fulfil legal and professional obligations, the lawyer may request verification of the identity of the Client or their representative.

Depending on the nature of the service and the level of verification required, identification may involve one or more of the following methods:

• providing a copy of an identity document;
• checking the identification details supplied by the Client;
• taking a photograph or conducting a video check together with the identity document;
• verification through a specialised electronic identification service;
• using an electronic signature or an electronic identification service, where available;
• any other reasonable and legally permitted method appropriate to the requested service.

The lawyer reserves the right to request additional checks and to refuse to start or continue providing services where the Client’s identity cannot reasonably be established or there are material inconsistencies in the information supplied.

7. Legal services agreement

Legal services are provided under a legal services agreement concluded in accordance with Law No. 51/1995, the Statute of the Legal Profession and the applicable professional regulations.

The agreement may be concluded by methods permitted under the legislation governing the profession, including remote means of communication where the statutory conditions are met.

Where the agreement is signed electronically, the legal requirements concerning the type and effects of the electronic signature used will be observed.

In the circumstances and subject to the conditions laid down in the Statute of the Legal Profession, the Client’s payment of the fee specified in the legal services agreement may constitute acceptance of that agreement and produce the legal effects provided for by the applicable professional rules.

Legal services agreements are recorded, registered and retained in accordance with the professional obligations applicable to the professional practice.

8. Electronic confirmations, SHA-256 and transaction records

The Client Portal may use technical mechanisms to confirm and identify documents and verify their integrity, including cryptographic fingerprints generated using the algorithm SHA-256.

For certain documents or operations, the system may save a unique digital fingerprint of the file, together with the date and time of the operation and information about the account from which it was performed.

These mechanisms aim to ensure document integrity, transaction traceability and the ability to demonstrate that a particular document existed in a particular form at a particular time.

Technical data and logs retained in the Portal may be used, as permitted by law, as evidence of operations carried out through the platform.

9. Fees

The fee for legal services is determined by the nature, complexity and scope of the services requested and is communicated to the Client before work begins, in accordance with the legal services agreement.

Depending on the circumstances, the fee may cover:

• legal consultations;
• reviewing documents or case files;
• drafting legal documents;
• legal opinions;
• negotiations;
• legal assistance;
• representation;
• a particular stage of proceedings;
• a package of services;
• other professional activities agreed with the Client.

Unless the agreement expressly provides otherwise, court fees, notarial fees and the costs of translations, certification, apostilles, expert reports, courier services, travel, enforcement officers, consultants or other third parties are not included in the lawyer’s fee.

The lawyer undertakes an obligation of diligence and does not guarantee a particular outcome in litigation, administrative proceedings, negotiations or any other legal action.

Payment of the fee is not conditional on obtaining a particular outcome, except where permitted by law and expressly provided for in the legal services agreement.

10. Payment methods

Fees and other amounts due may be paid using the payment methods communicated to the Client.

These may include:

• bank transfer;
• online card payment through the Client Portal;
• payment through NETOPIA Payments;
• payment through Stripe;
• other payment methods communicated and accepted by the lawyer.

For online payments, the transaction may be processed through the infrastructure of the chosen external payment service provider, including NETOPIA Payments or Stripe.

The data required to process the payment may be processed by that provider in accordance with its legal obligations and its own policies and terms of use.

Full bank card details are not stored directly by the lawyer where payment is processed exclusively through the payment processor’s secure infrastructure.

Payment is deemed made once the payment processor has successfully confirmed the transaction and/or receipt of the amount has been confirmed.

The lawyer cannot guarantee that a transaction will be authorised by the issuing bank, NETOPIA Payments, Stripe or another provider involved in processing the payment, and is not responsible for refusals or technical unavailability attributable exclusively to those providers’ infrastructure.

Where the conditions laid down by the legislation governing the profession and the legal services agreement sent to the Client are met, payment of the fee may constitute the Client’s expression of agreement to that contract.

11. Fee refunds and the Client’s withdrawal from the engagement

Fees relating to legal services already actually provided are not refundable solely because the Client changes their mind, subsequently decides not to continue the engagement or does not obtain the outcome they expected.

Depending on the specific scope of the agreement, services already provided include:

• legal consultations already given;
• reviewing documents, evidence or the case file;
• legal research undertaken;
• professional time already allocated and work actually performed;
• drafting documents in whole or in part;
• professional correspondence conducted in the Client’s interests;
• contacting institutions, authorities or other persons in performance of the engagement;
• attending meetings, negotiations, interviews or hearings;
• any other professional work already performed under the engagement.

The Client’s withdrawal from the engagement or termination of the collaboration does not remove their obligation to pay for services already provided and expenses incurred in their interests.

For amounts paid in advance for activities not performed by the date the agreement ends, the financial position will be reconciled in accordance with the legal services agreement, Law No. 51/1995, the Statute of the Legal Profession and other applicable legal provisions.

Where the law requires a full or partial refund of amounts relating to unperformed activities, the refund will be made in accordance with the applicable legal conditions.

12. Distance contracts and requests for services to begin immediately

Where the Client is a consumer and distance-contract legislation applies to the particular legal relationship, the mandatory rights granted to the Client by the applicable legislation will be respected.

If the Client wishes services to begin before any statutory withdrawal period expires, they may be asked to expressly confirm that they request immediate commencement of the service.

In the cases provided for by law, full performance of the service after the Client has consented to commencement may result in the loss of the right of withdrawal.

If services have begun at the Client’s express request and the Client subsequently validly exercises a statutory right of withdrawal before full performance, the Client may owe payment for services already actually provided, proportionate to the work performed, in accordance with the law.

13. Urgent services

For urgent requests, including those requiring document review, compliance with imminent procedural deadlines or action within a short period, the Client may request work to begin immediately.

In such circumstances, the fee for work already performed remains payable even if the Client later decides not to continue the collaboration, subject to the applicable mandatory legal provisions.

14. The Client’s obligations

The Client must provide complete, truthful, accurate and up-to-date information and submit all documents relevant to their case.

The lawyer is not responsible for consequences arising from:

• false or inaccurate information supplied by the Client;
• omission of relevant facts or circumstances;
• incomplete submission of documents;
• late submission of documents;
• failure to follow professional recommendations or instructions communicated to the Client;
• changes to the factual situation without informing the lawyer.

The Client must promptly forward any summons, notice, official report, decision, letter, communication or other document received from a court, authority or third party that may contain a procedural deadline.

15. Professional secrecy and confidentiality

Information, documents and communications sent to the lawyer in connection with a request for or provision of professional services are handled in compliance with the rules on lawyers’ professional secrecy.

Professional secrecy is protected under the conditions and within the limits laid down by Law No. 51/1995, the Statute of the Legal Profession and other applicable legal provisions.

The Client is encouraged to use the Client Portal or channels communicated by the lawyer to send sensitive documents and to avoid sending data that are unnecessary for the requested service.

16. Protection of personal data

Personal data are processed in accordance with Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data – GDPR – and applicable national legislation.

As appropriate, data may be processed for the purposes of:

• assessing requests received;
• verifying the Client’s identity;
• checking conflicts of interest;
• concluding and performing the legal services agreement;
• providing legal services;
• fulfilling legal and professional obligations;
• administering the Client Portal;
• processing and recording payments;
• issuing financial and accounting documents;
• ensuring platform security;
• protecting rights and legitimate interests in accordance with the law.

Further details about data categories, purposes, legal bases for processing, retention periods and data subjects’ rights are set out in the Privacy Policy available on the Website.

Technical providers used to operate the Website, Portal, hosting and security services or payment processing may process certain data in accordance with their legal role and their own policies.

17. Intellectual property

Original content published on the website www.avocatbasuc.ro, including, without limitation, texts, articles, guides, graphic elements, design, databases, the platform structure and other original materials, is protected by copyright and related-rights legislation.

Substantial reproduction, redistribution, republication, systematic copying or commercial use of these materials without the rights holder’s consent is prohibited, except where permitted by law.

Legal documents individually drafted for a Client may be used by that Client for their intended purpose, in accordance with the legal services agreement.

18. Rules for using the Website and Portal

Users must use the Website and Portal in good faith and exclusively for lawful purposes.

The following, in particular, are prohibited:

• uploading files containing viruses, malware, ransomware, Trojans or other malicious computer elements;
• attempting unauthorised access to systems, servers, databases or other users’ accounts;
• attempting to circumvent security or authentication mechanisms;
• using the platform for unlawful activities;
• deliberately entering false information about the user’s identity;
• using automated systems to extract data without authorisation or overload the infrastructure;
• unauthorised copying, reproduction or distribution of platform elements.

A user’s access may be suspended or disabled if these rules are breached, a security risk exists or the professional relationship ends.

19. Availability and security of electronic services

Reasonable technical and organisational measures are implemented to ensure the security and availability of the Website and Portal.

However, permanent, uninterrupted and error-free operation of IT services cannot be guaranteed.

Interruptions may arise from, without limitation:

• maintenance operations;
• software updates;
• hardware failures;
• problems affecting hosting providers;
• problems affecting internet providers;
• security incidents;
• cyberattacks;
• problems affecting external providers;
• events beyond the lawyer’s control.

If a technical problem prevents an urgent document from being sent, the Client must use an alternative communication channel and contact the lawyer without delay.

20. Services provided by third parties

The Website and Portal may use services provided by third parties, including hosting, cloud, security, email, communications, storage, payment processing, electronic identification or electronic signing services.

Providers used for payment processing may include NETOPIA Payments and Stripe.

The operation of third-party services is also subject to the relevant provider’s infrastructure, terms and policies.

Mentioning a provider on the Website does not imply an agency relationship between that provider and the lawyer.

21. Force majeure

Neither party is liable for non-performance or delayed performance of its obligations to the extent caused by a force majeure event or another situation which, under the law, excludes liability.

Subject to the conditions laid down by law, such situations may include natural disasters, major communications outages, large-scale cyberattacks, unavailability of essential infrastructure, acts of public authorities or other events beyond the parties’ reasonable control.

22. Suspension or termination of access to the Portal

The Client’s access to the Portal may be suspended, restricted or disabled in the event of:

• termination of the professional relationship;
• misuse of the platform;
• breach of these Terms and Conditions;
• a security risk;
• attempts at unauthorised access;
• fraudulent use of the account;
• situations in which continued access is no longer necessary.

Disabling access to the Portal does not affect legal or professional obligations to retain documents and records.

23. Complaints and fee disputes

Any disagreements between the lawyer and the Client will, wherever possible, be resolved amicably.

Challenges and complaints concerning lawyers’ fees will be resolved under the procedures laid down by Law No. 51/1995, the Statute of the Legal Profession and applicable professional regulations.

Nothing in this document may exclude the jurisdiction of a court, authority or professional body mandatorily established by law, or the mandatory rights granted to consumers.

24. Changes to the Terms and Conditions

This document may be amended periodically to reflect legislative, professional, operational or technical changes or the introduction of new features.

The updated version will be published on the Website and will state the date of the latest update.

Changes to these Terms and Conditions will not retroactively alter the content of an existing legal services agreement, except where required by law or validly agreed by the parties.

25. Applicable law

This document is governed by Romanian law.

The lawyer’s professional activity is carried out in accordance with Law No. 51/1995 on the organisation and practice of the legal profession, the Statute of the Legal Profession, regulations adopted by professional bodies and other applicable legal provisions.

26. Contact

For questions about the Website, Client Portal, payments, documents or professional services, you can contact me using the following details: