Sciberras Advocates (“SA”, “Firm” or “the Firm”), with its principal office located at Abacus Business Centre, Level 0, Triq Dun Karm, B’Kara Bypass, Birkirkara, BKR 9037, Malta, provides legal services (“Services”) to you (“you” or “the Client”). The Services, which include the sale of Services, are offered at standard prices, and which are governed by the following terms and conditions (“Terms”). By accepting the Services, you agree to the terms and conditions mentioned hereunder, along with any policies and guidelines.
Please read this document thoroughly before accessing or using the website. By doing the latter, you agree to be bound by these Terms set forth below. Therefore, if you do not agree with the Terms, you may not access or use the website.
The firm reserves the right to modify these Terms at any time, which such modifications are to be effected immediately, upon being published on the site. You are responsible for reviewing the terms periodically, and the continued use and access to the site implies a conclusive acceptance of any amendments. Accordingly, if you do not agree with any future modifications, refrain from continuing to use Services or the firm’s website.
1. Eligibility
To register and make use of the Services offered on the Firm’s website, you must be legally capable of entering into binding contracts for the purchase of goods or services, under applicable law. Furthermore, persons under the age of eighteen (18) should refrain from registering or making use of the Services being offered. In this regard, the Firm, may at any time, verify your name, address and any other required personal details, and to charge you for any services provided through the Firm’s website.
2. Copyright, Licenses and Idea Submissions
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are SA, its affiliates, or other third-party licensors. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, the material on the site, including text, graphics, code and/or software. You may print and download portions of the site content for personal and non-commercial use, provided you do not alter or remove any copyright or proprietary notices which is mentioned therein.
3. Trademarks
Publications, products, content, or services referenced herein or on the site are the exclusive trademarks of the SA. Any other product or company names mentioned in the site may be the trademarks of their respective owners.
4. Use of the Site
Except for information, products or services clearly identified as being provided by SA, SA does not operate, control or endorse any information, products or services on the Internet in any way. Any third-party information, products or services, made available through the site are the sole responsibility of the respective third party and are not affiliated with SA. SA cannot guarantee that the files downloaded from the site will be free from viruses, Trojan horses or any other harmful code that manifest contaminating or destructive properties. You are responsible for maintaining adequate safeguards and backups for your data.
You agree not to engage in illegal, unethical or offensive activities on the site, through the use of links, ads, emails or any other means, and not to interfere, circumvent or tamper with the functionality or purpose of the site. In this regard, the primary intent of the site is the promotion of legal services.
You may receive promotional emails from the site administrators. Nonetheless, your personal details will remain confidential and will not be shared with any unauthorised third parties.
5. Limitation of Liability
In no event will SA be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, data loss) arising from the use of or inability to use the site, or any content contained therein. SA also disclaims liability for any inaccuracies or omissions in the content provided through the site. In countries whereby the exclusion or limitation of liability for consequential or incidental damages is not allowed, SA’s liability is limited to the greatest extent possible, as permitted by law. In this regard, you assume all responsibility for your use of the site, which is provided “as is”, without any express or implied warranties, representations or endorsements (including, without limitation, warranties of title of noninfringement, or the implied warranties of merchantability of fitness for a particular purpose). SA is also not to be held liable for any cost or damage arising, directly or indirectly, from transactions carried out through the site. Accordingly, it is your sole responsibility to evaluate the accuracy and correctness of all information provided through the site, or on the internet generally.
SA makes no representations whatsoever about external websites which can be accessed from our site.
6. Indemnification
You agree to indemnify, defend and hold harmless SA, its employees, agents, licensors, suppliers and any third-party providers, from all liabilities, expenses, damages and costs (including reasonable legal fees), arising from any breach of these Terms by you or other persons accessing the site through your account. This includes but is not limited to negligent or wrongful conduct.
7. Third-Party Rights
The provisions of Paragraphs 4 and 6, dealing with Use of the Site and Indemnification respectively, are intended to benefit SA and its affiliates, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Site. These entities have the right to enforce these two above-mentioned provisions directly.
8. Language and Support
Our services are provided in Maltese, English and Italian. For support, please refer to our Contact page.
All listed prices are final and are deemed to be exclusive of all taxes for business-to-business services. The charges are based on the time dealt working your requested case, which includes, but is not limited to:
– Meeting with the client, either physically or virtually;
– Preparing, working and drafting any documents which are required, relating to your case;
– Progressing your case with the competent authorities;
– Reviewing and advising on your case.
Clients based in the EU must provide a VAT number for the purposes of being exempted from VAT; otherwise, an additional 18% VAT will be charged at checkout.
After completion of the work, a final bill will be issued, payable by you. Nonetheless, interim bills are also sent every fifteen (15) days, whilst the work is still in progress. These latter bills will be on account. Payment is due after fifteen (15) days, upon completion of the work. If the bill remains unpaid, SA reserves the right to charge additional interest from the date on which payment was due. More so, the firm reserves the right to institute a debt recovery action.
The Firm may also request monies on account for any costs and disbursements. Any money which will be paid on account will be held in the client’s account. If when the final bill is issued, there is still money which is held on account, the balance will be refunded back to you.
A five-day grace period is applicable for refund requests, though an administration cancellation fee will be deducted. SA will also not be liable for any bank charges to refund back. After the elapse of the grace period, or upon confirmation of a service timeline for the completion of work, a fiscal invoice will be issued. The client also agrees to give SA a reasonable time for the completion of the service request, provided that the client collaborates with the firm by providing the necessary information being requested.
The Firm reserves the right to halt Services before the client sends payment in full, and also reserves the right not to perform Services if at any point in time there are pre-agreed unpaid bills that are overdue by thirty (30) days from agreed payment date.
The court may require you to pay any legal charges and expenses incurred by the counter party, if you are not successful in your legal action against them. Such costs are in addition to SA’s charges and expenses.
10. Due Diligence
You agree to furnish SA all KYC (Know-Your-Client) documents requested, and additional information required by the Firm for due diligence purposes. All the correspondence will remain confidential, and due diligence documents will be destroyed after use. The firm also reserves the right to request additional documentation, if required by governmental authorities or banks, for the purposes of providing the Services. Nonetheless, the Firm will not disclose the details with any unauthorised third parties without your consent.
The Firm might also require documentation to be sent in pre-filled up forms and signed with original signatures. These are then to be returned to the office, which will then be passed on to the appropriate third parties.
11. Conflict of Interest
The Firm is committed to prioritising the best interest of each client. However, what may be in the best interest of one client may not necessarily align with the interests of another. Therefore, the Firm will refrain from representing two or more clients in matters that, while similar, present conflicting interests. In cases where no conflict of interest exists, the Firm may represent two or more clients, even if their matters are related or overlap.
12. Complaint Handling Procedure
SA prioritises high quality legal advice for all of its clients. However, if you feel that we have not met your expectations, we encourage you to let us know by sending an email to [email protected] at your earliest convenience, allowing us the opportunity to address and resolve the issue.
Every claim or complaint is to be addressed against Sciberras Advocates directly, and not against one of its employees or office members.
Below please find the complaint handling procedure of SA.
– Submission of a Compliant
If you are dissatisfied with any aspect of our service, please submit your complaint by email as soon as possible. Complaints should be lodged within fifteen (15) days from the date of the act or omission, or within fifteen (15) days from when you became, or should have become aware of it.
– Acknowledgement of Complaint
Upon receiving your complaint, one of our administrators will acknowledge receipt within three (3) days, confirming that your concern is being reviewed.
– Investigation Process
The Firm will then conduct a thorough investigation, which may require a meeting with you to discuss the matter further. If a meeting is unnecessary, the Firm’s founding partner, Dr Adrian Sciberras, will provide a detailed reply outlining proposed solutions, within one month of the acknowledgement.
– Client Review and Feedback
Once you receive our response, you will have fifteen (15) days to reply, either accepting the proposed resolution or requesting a further review.
– Final Decision
If a review is requested, the Firm will reassess the matter, and issue a final decision, including a full explanation of the steps taken and the reasoning behind the decision within fifteen (15) days thereafter.
If you feel the matter remains unresolved, you are entitled to pursue other legal remedies. There will be no charge for handling complaints.
Our goal is to handle all complaints in a transparent, timely and fair manner, to ensure the highest standards of service.
13. Termination
The firm reserves the right to terminate representation of its clients at any time, provided that there is a justifiable cause. SA may cease acting on your behalf if more than one invoice has been left unsettled, if there is a conflict of interest, if there has been a breakdown of trust or confidence or if you require the firm to engage in illegal and unethical practices.
In such cases, a reasonable notice period will be given, where the precise length of the notice will depend on the circumstances at hand.
14. Electronic Record Keeping
The firm is committed to minimising its environmental impact by adopting eco-friendly practices across its operations. SA prioritises the use of electronic documentation and communication. All records, including client files, will be stored electronically, unless a physical copy is legally required. We encourage you to participate in this initiative by opting for electronic communication whenever possible.
In cases where physical documentation is required, the Firm will ensure that they are stored safely, and securely destroyed in accordance with applicable data protection laws.
15. Miscellaneous
This Agreement shall be governed and construed in accordance with the laws of Malta. Thereupon, any legal action or proceedings between SA and you, for any purpose concerning this Agreement or the parties’ obligations hereunder, shall be brought exclusively in a court of competent jurisdiction sitting in Malta. Any cause of action or claim is to be commenced within one (1) year after the claim or cause of action arises, so as not to be time-barred.
The failure of SA to insist upon or enforce strict compliance with any provision of this Agreement is not to be interpreted as a waiver of any such provision or right. Furthermore, no conduct between the parties, nor any trade practice, shall be deemed to modify the terms of this Agreement. SA also reserves the right to assign its rights and obligations under this Agreement to any third party, at any time, without any prior notice to the client. Conclusively, all rights not expressly granted herein remain reserved.
16. Governing Law and Arbitration
These terms and conditions shall be subject to and governed by Maltese law. Any dispute or controversy arising out of or in connection with this Agreement, shall be settled to the exclusion of the ordinary courts, and resolved through arbitration in accordance with Part V (International Arbitration) of the Malta Arbitration Act (Chapter 387, Laws of Malta). The proceedings are to be conducted in English, at the Malta Arbitration Centre, in Valletta. The arbitration proceedings will be presided by three arbiters, each party having the right to appoint one arbiter. The final arbiter will be then chosen by the already two arbitrators, and who will then act as the presiding arbitrator of the arbitral tribunal.
If appointments of arbiters by the parties are delayed by more than thirty (30) days after receipt of the other party’s notification of the appointment of an arbiter, the first party may request the appropriate authority, being the Malta Arbitration Centre to intervene and appoint a second arbitrator. If within thirty (30) days after the appointment of the second arbitrator the two arbitrators have not agreed on the choice of the presiding arbitrator, the presiding arbitrator shall be appointed by the MAC as promptly as possible in accordance with Chapter 387.