Gomez Tomiczek Law Firm

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Terms & Conditions

This website, domain “www.gomitom.com” and TradeMark Gomez Tomiczek (Reg. 6,568,788 – CLASS 35 of the United State Patent and Trademark Office) are owned and operated solely by GOMEZ TOMICZEK, LLC and its affiliates (hereinafter Gomez Tomiczek), which is a limited liability company incorporated in the State of Wyoming, in the United States of America. We will prosecute any misuse of our copyrights and trademarks protected by law.

The legal services published herein are rendered by an agreement with Gomez Tomiczek, LLC and Abel Gomez, a practicing attorney licensed # 8609 by the Supreme Court of Justice of Panama, to practice law in the Republic of Panama, as well as associate attorneys working on an hourly basis for Abel Gomez, hereinafter “the Firm”. Any reference herein to “this Agreement” or “the Agreement” means the retainer agreement signed by and between the Client and the Firm, which may be made by physical document or electronically binding. All of the Terms and Conditions below are expressly incorporated into and made a part of the Agreement. Our website and any related content are generalizations and should not be considered applicable to your particular case. Our website and any related content are not intended to provide advice on the specifics of your case. Reading this website, or talking to our assistants, in any way detracts from the qualified professional help we encourage you to seek. It is critical that you obtain a professional before performing any of the procedures discussed herein. /…/….

NO WARRANTIES

The client acknowledges that the Company does not and cannot guarantee any outcome of any case in which the Company is representing the Client. While the outcome is not guaranteed, Gomez Tomiczek will use its best efforts to represent the Client’s interests and will endeavor to provide only those services specified by the Company, consistent with the facts of the case and the law. Neither the information provided on this website nor its use obligates Gomez Tomiczek and its affiliates nor one of their attorneys to create an attorney-client relationship without formally becoming a client of Gomez Tomiczek, therefore no new client is accepted without first being screened for possible conflict of interest and obtaining a signed letter of commitment (know your client) as well as documentation evidencing and individualizing your legal existence.

Legal advice by way of information on legal issues and developments is not intended in the material contained on this website, as they are only intended to be informative and are not intended to reflect the most recent legal development in each particular client’s query or situation. To do so, you should contact Gomez Tomiczek and its open communication channels for advice on specific legal problems/issues.

Gomez Tomiczek and its affiliates/employees only provide tax advice in jurisdictions where they are licensed to act as attorneys. To this end, clients should contact their local tax advisor specializing in the subject matter before engaging in any transaction.

The outcome of a particular matter may be conditioned to a variety of factors that affect the outcome, including factual and legal situations of each case, therefore the lawyer’s ability will be conditioned to the development of the matter being handled.

For customers in the United States of America – USA.

Any information attached to the Gomez Tomiczek website should not be taken as definitive and cannot be used to resolve a specific situation. Avoid Internal Revenue Code penalties. Contact your U.S. tax advisor first and then Gomez Tomiczek will do the work to promote, market, and recommend the best in the transaction.

FEES AND DEPOSIT OF COSTS

Unless otherwise agreed between the Client and the Company in the Employment Agreement, the Client agrees and acknowledges that Gomez Tomiczek will charge partner attorneys US$ 500.00 per hour, associate attorneys US$ 300.00 per hour, and subcontract counsel US$ 200.00 per hour USD, the legal assistance rate is US$ 100.00 per hour for time worked on your case.

In addition, clients will be required to pay a deposit (based on the amount of the expected fee) which will be held in a separate account (escrow account) from the retainer fee and will be used to pay the fees incurred on their behalf. All necessary fees will be pre-calculated and must be accepted electronically on a document that the client will receive from our accounting system for approval or disapproval. 

PAYMENT OF FEES AND COSTS BY THIRD PARTIES

The Firm shall only have an attorney-client relationship with the Client, regardless of whether or not a third party (e.g., a guarantor) has paid the Client’s fees and expenses. The client acknowledges, agrees, and understands that such a third party shall not be a beneficiary of the Firm’s representation of the Client and shall not be considered a Client of the Firm. Accordingly, Client shall not copy (forward or transmit) any communications between Client and the Firm, including invoices, quotations, model documents, or documents for approval, to such third parties. While the Client has the right to waive the Client’s attorney’s rights, the Firm does not advise the Client to waive any of its rights. Furthermore, the client understands and agrees that no third party has the right to request or receive updates on a case or learn about the firm’s policies on behalf of the client or object to an amount on a billing request and this right applies only to the client without power of attorney duly granted by the principal (client) with the formalities required by Law to know the authenticity and legitimacy, i.e. notarized, translated, apostilled (if applicable). Nothing in this Agreement shall be construed as creating an attorney-client relationship between the Company and a third party, nor as intending to make a third party a third party beneficiary.

PROPERTY OF THE FIRM

Customer understands and acknowledges that all documents produced by Gomez Tomiczek (and drafts of any documents) are the exclusive property of Gomez Tomiczek and that Gomez Tomiczek grants to Customer a limited license for its exclusive use, therefore, may revoke to use Customer only for the purposes described herein. The Customer may not use, distribute, transmit or copy Gomez Tomiczek’s documents or drafts without the express written authorization signed by Gomez Tomiczek’s operating agents.

SECURITY INTEREST

Gomez Tomiczek has security and warranty requirements for all advances and monies paid to Gomez Tomiczek by Customer (or Customer’s guarantor). Such warranties and guarantees are self-improving. In addition, the Client and each Guarantor agree to collect and submit all documents required by Gomez Tomiczek to complete or continue to comply with such Security and Warranty Claims.

In the event of a Client’s bankruptcy, the Client acknowledges and agrees that Gomez Tomiczek has the best warranties and claims with respect to advances and amounts paid to Gomez Tomiczek for services rendered by Gomez Tomiczek to the Client, as well as any Gomez Tomiczek attorneys for unpaid fees and/or dues. Cost of various clients, Client also acknowledges and agrees that all payments made by Gomez Tomiczek on behalf of the Client (including guarantor payments) are for the benefit of each client. It does not matter who pays. The client acknowledges, agrees, represents, and warrants that:

  • All payments to Gomez Tomiczek are made in the ordinary course of business and in the ordinary course of the customer’s business and, therefore, are not subject to chargebacks or payment of taxes only for services provided by Gomez Tomiczek; and

  • The client receives payment or liability for this fund in exchange for the value Gomez Tomiczek transfers to the Client as consideration for the service provided. The client agrees to fully indemnify and defend Gomez Tomiczek, at its expense/costs, in the event of any attempt to refund, void, or reverse any remittance received by Gomez Tomiczek on the Client’s behalf (including any adverse action against Gomez Tomiczek and/or The Firm). The client will also cooperate at its own expense to assist Gomez Tomiczek and/or The Firm in protecting the Client. To the extent permitted by Law, Client acknowledges and agrees that fees and expenses paid or payable to Gomez Tomiczek and/or The Firm for services rendered to Client before and after bankruptcy, therefore, shall not have bankruptcy immunity. Contractual obligations remain in effect after bankruptcy.

REASONABLE FEE BILLING

The client accepts and acknowledges Gomez Tomiczek’s/The Firm’s compensation for time spent on its case pursuant to Section 2 unless otherwise agreed to by the Client and Gomez Tomiczek in the Retainer Agreement. Fees cover the entire time on behalf of the client, which includes: paperwork, legal research, time spent going to and from government offices or courts, etc., conference calls, settlement negotiations, opening and closing documents, and anything else for as long as necessary for the case. Payments made by the client are used first for fees and then for expenses. The client also grants Gomez Tomiczek the right to claim a lien on a case if the firm should withdraw from the case for non-payment.

CUSTOMER’S FAILURE TO PAY

If Gomez Tomiczek determines that the client has not complied with the retainer or other agreement due to non-payment, Gomez Tomiczek will notify the client that any unrelated work for the client has been suspended (Our representation on the services will remain as long as we remain registered in the contracted management or are registered in the Public Registry).

During this time, the employee will stop all non-documentation work until the non-payment issue is resolved. Keep payments up to date so that we can focus on legal matters smoothly.

During our formal unpaid representation, our staff/collaborators will suspend non-essential work on your file until payment of the unpaid invoices due to Gomez Tomiczek is resolved.

OBLIGATIONS OF THE CLIENT TO THE FIRM

In addition to paying fees and expenses on time, a client’s obligations include:

Ensuring that Gomez Tomiczek has current, active client contact information and provided all documentation on the Know Your Client form to be credited as a client of Gomez Tomiczek;

Respond promptly to any document requests related to Gomez Tomiczek and the work quoted/paid for;

Respond to Gomez Tomiczek’s communications and response requests in a reasonable and timely manner;

Utilize means of communication provided by Gomez Tomiczek;

Coordinate meetings with Gomez Tomiczek attorneys and staff in advance to ensure their availability via the website – electronic agenda;

Comply with the terms of this agreement as well as the policies established by Gomez Tomiczek.

EXECUTION OF THE RETENTION AGREEMENT

If it becomes necessary to enforce this Agreement with respect to unpaid fees and/or expenses, the Client will pay Gomez Tomiczek reasonable attorneys’ fees to cover all related costs. The customer acknowledges and agrees that Gomez Tomiczek has the following rights to the extent permitted by law:

Gomez Tomiczek shall keep in its possession all documents, funds, or property of Client that it maintains in its offices;

Gomez Tomiczek shall hold all funds which should come into the Customer’s favor and which Gomez Tomiczek or its affiliates are entitled to receive on behalf of the Customer.

Litigation: In the event of any dispute between the parties arising out of or relating to any provision of this Agreement, including, without limitation, disputes relating to unpaid fees and/or settlement of expenses, the prevailing party shall be entitled to claim for itself the reasonable fees and costs of. Attorneys for litigation (including claims, appeals, collections, and appeals), costs, expenses, and fees.

Applicable Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of the Republic of Panama, without prejudice to its conflict of laws principles. Domicile: GOMEZ TOMICZEK, LLC

312 W. 2nd St #2306 – Casper WY 82601, U.S.A.

Legality

This Agreement (including these terms and conditions) is fully known to the parties and may not be altered or amended except in writing and signed by the parties affected by the amendment. If a Court determines that any provision of this Agreement is void and/or unenforceable, the remaining provisions shall remain in full force and effect. The contractual obligations continue and shall survive the execution of the contract.

BINDING EFFECT

FOR THE EXCEPTION PERMITTED BY LAW, THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING ALL BENEFITS TO BE BENEFITED BY EITHER PARTY UNDER THE TERMS OF THE AGREEMENT.

CONCLUSION OF A FILE

Gomez Tomiczek will ask you to share your experience with the Firm and complete a review to help us make the improvements we need.

Gomez Tomiczek may file a legal interest for non-payment on the Client’s matter in the event the Client fails to pay the Firm for services rendered and/or for services under the Client Retention Agreement.

UPDATES TO THE TERMS AND CONDITIONS

Gomez Tomiczek reserves the right to update the terms and conditions as required from time to time in order to provide uninterrupted and facilitated customer service. 

Confidentiality of communications

Gomez Tomiczek and its affiliates do not guarantee the confidentiality of any communication sent by electronic mail or through its website or left on voicemail at the firm’s offices. Information and material not provided or requested may not be treated as confidential and will not be protected by any attorney-client privilege.

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