The Advice On-line service (hereinafter “the Service”) is an on-line service and is therefore subject – amongst other regulations – to the provisions of the applicable regulations in force for this business sector (in particular, to Legislative Decree 9 April 2003, n. 70 “transposition of Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the internal market” and to Legislative Decree 22 May 1999, n. 185 “Transposition of Directive 97/7/EC on the protection of consumers in respect of distance contracts”), and also to the provisions of the Deontological Forensic Code (“the DFC”).
As required by art. 17, II, paragraph B) of the DFC and the above Legislative Decrees we hereby provide you with the following information:
Tonucci & Partners’ Attorneys are committed to abide scrupulously by the current version of the DFC (click for a copy of the entire document) in providing the Service.
The individual responsible for the Service is Mario Tonucci.
The necessary indemnity insurance policy has been signed by Tonucci & Partners with the insurance company Reale Mutua Assicurazioni – policy number 037403 valid from 15-02-2001 with a maximum coverage of Euro 7,6millions (Euro seven million six hundred thousand)/00).
The level of professional fee for the Service is calculated in conformity with the professional fees published in the New Forensic Fee Book approved by Ministerial Decree 08/04/2004. n. 127, Gazzetta Ufficiale, Supplemento Ordinario, n.115 of 18/05/2004. To display the full text click on Nuovo Tariffario Forense.
Further information on the Service is available on the Introduction page and by accessing other pages of the guided procedure to request estimates for this on line service, as provided by the applicable laws and regulations in force (Legislative Decree 70/2003 and Legislative Decree 185/1999), and in particular: instructions on drawing up the contract (requesting estimates, eventual acceptance, concluding the contract); how to store the on-line contract and relative access modalities (all user’s requests and feedbacks, opinions, and memorandums will be stored and accessible through the user’s personal Control Panel; tools available to users to check for and correct data errors before sending inquiries (it is always possible to correct errors while formulating and forwarding the request).
With regard to the exercise of withdrawal rights, as set out in the art. 5 of the Legislative Decree 185/1999, we hereby notify you that such rights do not apply to users of the Service for the purposes of their own business or professional activity). In the case of users of the Service as consumers (that is to say, individuals using the Service for purposes not referable to their own business or professional activity), withdrawal right is excluded in compliance for by art. 5, paragraph 3, lett. (a) Legislative Decree 185/1999.
Personal data processing in connection with the Service will fully comply with the provisions of Legislative Decree 30 June 2003, n. 196 and the annexed Unified Text of norms on data protection or “Data Protection Code”, as set out in the Informative based on art. 13 of the Code on the modalities and aims for personal data processing. Users are made aware of the following matters when supplying any personal data:
They should avoid supplying sensitive data (that is to say information that could disclose the user’s racial or ethnic origin, religious, philosophical or other kinds of belief, political opinions, membership of political parties or trade/labor unions, membership of religious, philosophical, political or trade/labor associations or organizations, as well as data that could disclose the user’s health status or disability or details of his/her sex life) which is not strictly necessary for the for the purpose of the inquiry.
Unless strictly necessary, they should also avoid supplying personal data (be it ordinary or sensitive personal data or data arising from legal proceedins in progress or concluded but subject to reporting restrictions or similar legal restraints on disclosure which identifies a third party or could lead to a third part being identified therefrom; should it be necessary to supply data about a third party, the user warrants and guarantees that they have obtained the specific prior consent from the third party concerned to the disclosure and processing of such data, relieving Tonucci & Partners of any responsibility for the same under any circumstances.
The only personal data they should supply should be strictly limited to data which is pertinent and absolutely necessary in the formulation of the inquiry. In every case Tonucci & Partners will delete all personal data deemed to be not pertinent and/or unnecessary.
With reference to the process for requesting and using the Service, potential Users are informed of the following:
At the Request for Advice On-line page, Users will access an electronic form to be filled out, specifying the area of practice, the inquiry and the type of advice requested (either “Complete Advice” or “Short Memorandum of Advice”). Information about the different advice models will be displayed and Users can select the one or ones they may wish to purchase.
By sending the form, Users are only requesting an estimate of the charges (“professional fees”) for the relevant advice service. Sending the form, will not itself create or imply any contract, promise, commitment or legal obligation of any kind on the part of the Users.
Tonucci & Partners reserves the sole right to accept or decline any request for the Service. If the firm is willing to deal with the inquiry, a competent Attorney from the appropriate Department will send the User an E-mail message with the estimated fee amount for the type of advice requested, indicating the likely time requirements for the advice to be provided (which will be no longer than 7 working days from the date of the User’s payment).
If the User accepts the estimate then the Advice On-line Control Panel accessible in the Users Reserved Area of Tonucci & Partners Portal can be used to proceed to make the payment.
Payments can be made by Credit Card or Bank Transfer following the procedures which are set out fully in the User’s control panel.
Only upon receipt of the full amount due will the Attorney having the conduct of the matter formulate and send the relevant advice (either Complete Advice or Short Memorandum of Advice as appropriate). The advice will be transmitted by E-mail, posted on-line in the User’s personal Advice On-line Control Panel which will be accessible by means of previously assigned access keys. A hard copy of the advice will also be sent by recorded delivery letter [with advice of delivery] to the postal address specified by the User in their registration form. A receipted invoice for the paid amount will accompany the hard copy of the advice.