Terms & Conditions
Bozkurt | Bozkurt Attorneys at Law ("BB") is a private law office established under Turkish law in Istanbul, Turkey for the purpose of exercising the legal profession. BB has its official seat in Istanbul and its founding partners Gokhan Bozkurt and Mustafa Bozkurt are members of and admitted to Istanbul Bar Association under the bar registration numbers 25173 and 30460, respectively.
These Terms and Conditions govern the professional relationship between BB and its clients. And also, these Terms and Conditions apply to any instructions given to BB and all legal relationships arising therefrom. The applicability of any of the client’s general or other terms and conditions is explicitly rejected.
We are subject to strict rules on professional confidentiality under Turkish law and the rules of the legal profession. We do not disclose any client-related information except in the circumstances provided for in the law, our professional regulation, upon the instruction of the client as more fully set out herein or in the Privacy Policy available on our website www.bozkurt-bozkurt.com.
Although we are a conflict-free litigation firm, we use our best efforts to avoid any conflicts of interest by following our internal procedures, including reasonable conflict check verifications, and in application of the professional rules of Turkish law.
The client acknowledges and accepts that BB is the only contracting party and that the services will be provided by its partners, counsel, associates, lawyers, or employees acting exclusively on behalf of and at the risk of BB. All instructions will be deemed to have been given to, accepted, and carried out by BB exclusively, even if the intention is for instructions to be executed by one or more specific person(s) affiliated with BB. In these Terms and Conditions, "persons affiliated with BB" means any legal or natural person that is or has been employed by or on behalf of BB or one of its group companies, as an employee or otherwise.
These General Terms and Conditions apply in full to all persons affiliated with BB and all third parties engaged by BB for the execution of any instructions, or that can or could be held liable in relation thereto. All that is stipulated in these Terms and Conditions for the benefit of BB applies to them as an irrevocable and gratuitously made third-party clause within the meaning of the Turkish Civil Code. To the extent that in respect of the Matter any services are provided by any partner or employee of BB, or its subsidiaries, the rendering of such services is subject to their terms and conditions.
The client indemnifies BB and all persons affiliated with BB for the consequences of claims by third parties arising from or related to the execution of instructions by BB, including any costs of legal support unless the claim is a result of a professional error on the part of BB.
Under current legislation, BB must - among other things - verify the client's identity, establish whether any unusual transactions have been made or are planned, and, when necessary, notify the relevant authorities of such activities without informing the client. The client confirms it is aware of, and agrees to, the foregoing and that it will provide all required information.
We are subject to applicable anti-money laundering obligations pursuant to which we have to identify our clients. The identification of clients for anti-money laundering purposes is conducted under our internal know-your-customer procedure, which we reserve the right to amend from time to time depending on the evolution of international and local legal provisions. We are also held to an obligation of vigilance as a result of which we may have to report a client if we have a suspicion or have reasonable grounds to suspect money laundering or financing of terrorism or any attempt thereof under applicable law or regulation. In such a case, we may not inform the client of the reporting and the legal obligation to report a client overrides our duty to professional secrecy towards the client.
If BB processes personal data, whether or not concerning the execution of instructions, this processing will be done under BB's privacy policy. This policy can be viewed at www.bozkurt-bozkurt.com.
BB may engage third parties for the execution of instructions. If BB engages a third party, BB is not liable towards the client for any mistakes made by this third party. BB may accept stipulations restricting liability used by such third parties on behalf of the client as well.
By instructing BB in whatever form, including but not limited to signing an engagement letter or via email correspondence or otherwise, the client agrees to be bound by these terms. The client agrees that BB may use digital means of communication and data storage services, whether or not offered by third parties, for communication. BB cannot be held liable for damage or loss ensuing from the use of such services.
Unless agreed otherwise, the fee owed to BB will be calculated based on the hours spent executing the instructions, multiplied by BB's rates, which will be adjusted from time to time and are based on the seniority, expertise, and experience of the persons in question. Additional costs incurred about the instructions will be charged separately. To cover general office costs, a fixed percentage of the fee will be charged.
Any applicable VAT and other compulsory taxes, surcharges, and similar increases will be added to all amounts charged by BB. Invoices are sent monthly, but we can agree to send them at shorter or longer intervals. Invoices must be paid within 15 days of the invoice date. If payment is not made within this time, BB may, without further notice, exercise its right to charge the client statutory interest. BB may always request an immediately payable advance for work carried out or to be carried out and suspend or end its services if the client does not pay an invoice for advance payment on time.
Any liability arising from or related to the execution of instructions is limited to the amount paid out under the liability insurance cover taken out for the incident in question, plus the applicable excess. Any claim for damages arising from or related to the execution of instructions will expire within the scope of applicable laws and regulations. However, we shall not be responsible for any damages for loss of profits or any indirect or consequential loss or damage or any loss caused by third-party professionals selected by us on the instruction and/or with the approval of a client. We are authorized, unless otherwise instructed by a client, to accept any limitations of liability of a third-party professional.
Both parties may terminate their engagement with each other at any time and without stating any reasons. On termination, the client will forthwith pay all fees and disbursements incurred up to the date of termination.
The legal relationship between BB and a client and any liability claims are governed by Turkish law. Any disputes shall be submitted exclusively to the competent court in Istanbul.