Terms & Conditions - France

WORK TEAM

The rendering of the services offered herein will be led by one or more lawyers of LEXIDY FRANCE, a law firm registered with the Paris Bar (Ordre des avocats de Paris), domiciled at 21 bis Boulevard de Port Royal, 75013 Paris, and registered with the Paris Trade and Companies Register under number 982 405 300, and conducted by our professionals, to the extent necessary for the adequate performance of our tasks and depending on the nature and area of the assistance requested.

INVOICING

The fees and expenses for the services requested shall be invoiced directly by Lexidy to the Client, or to any subsidiary expressly designated for such purpose, as set out in the engagement terms.

All quoted fees are exclusive of VAT (20%), which shall be added where applicable and itemised in the corresponding invoice. Where intra-EU VAT exemptions apply, VAT shall not be charged. In addition, the Client shall bear any necessary expenses associated with the provision of the services, including but not limited to: translation, legalisation, notarisation, registry fees, transport, courier dispatch, digital certificates, and representation before public authorities. Such third‑party costs and official fees shall in all cases be non‑refundable, irrespective of the outcome of the matter or any termination of the engagement.

The client is obligated to provide all supporting documentation required for correct invoicing and VAT treatment. In the absence of such documentation, the applicable VAT will be charged.

Payment in full is required prior to the commencement of services, unless otherwise agreed in the specific quote. Acceptance of these Terms and Conditions constitutes the Client’s authorisation for Lexidy to issue the corresponding invoice and begin work.

Payments may be processed through third-party platforms or financing providers. These services operate independently and are governed by their own terms. Lexidy accepts no responsibility for their availability, authorisation, delays, or technical performance. The Client remains fully responsible for ensuring full payment for the services  is duly completed to Lexidy. Choosing instalments does not reduce this obligation, and any unpaid balance may be claimed directly from the Client.

 Refunds Policy

Lexidy’s professional fees are strictly non-refundable and are independent of the outcome or success of any application or service.

By way of exception, Lexidy may authorise a refund of fees in the event that a visa application is rejected due to an error directly attributable to Lexidy. This exception applies only to the following services:

• Digital Nomad Visa – Spain
• Non-Lucrative Residence Permit – Spain
• Digital Nomad Visa – Portugal
• D7 Passive Income Visa – Portugal
• Visitor Visa – France
• Talent Passport – France
• Elective Residence Visa – Italy
• Financially Independent Person Residence Permit – Greece

No other services or jurisdictions are eligible for reimbursement, unless expressly agreed in writing in the relevant engagement letter or proposal..

Right of Withdrawal 

When the Client acts as a consumer and the Contract is concluded at a distance or off‑premises, the Client shall have a period of fourteen (14) calendar days from the date of payment to withdraw from the Contract without giving any reason.

To exercise this right, the Client may send an email to the address indicated in the Proposal, clearly stating their decision to withdraw from the Contract. Lexidy will acknowledge receipt of the withdrawal on a durable medium.

If the Client expressly requests Lexidy to begin providing the services during this 14‑day period, the Client acknowledges and agrees that, in the event of withdrawal, Lexidy will be entitled to the proportion of the agreed fees corresponding to the services effectively provided, work performed and time spent up to the date on which the Client communicates the withdrawal. Any official fees, translations, notarizations, legalisations and other third‑party costs already incurred on behalf of the Client will in all cases remain non‑refundable.

The Client further understands and accepts that the statutory right of withdrawal will be lost if the services have been fully performed within the 14‑day period, provided that the Client has given prior express consent for the services to commence during that period and has expressly acknowledged that they would lose the right of withdrawal once the services have been fully performed.

• Early Termination by the Client and Commercial Refund Policy

If the Client terminates the engagement for reasons not attributable to Lexidy, and in the absence of any negligence, malpractice or breach of professional obligations by Lexidy, the following commercial refund policy shall apply, without prejudice to the statutory right of withdrawal described above:

• Up to the 14th day from the date of engagement: a full refund of the fees paid shall apply, subject in all cases to the deduction of any proportionate fees corresponding to work already performed, time invested or services rendered up to the date of termination, as well as any non‑refundable third‑party costs.

• From the 15th to the 30th day from the date of engagement: 50% of the fees paid shall be refunded, provided that the service has commenced, subject to deduction of the value of work already performed, time invested, services rendered and non‑refundable third‑party costs.

• From the 31st to the 45th day from the date of engagement: 25% of the fees paid shall be refunded, subject to the same deductions mentioned above.

• From the 46th day onwards: no refund of professional fees shall be due.

In all cases, official fees, translations, notarizations, administrative charges and any other external expenses incurred on behalf of the Client shall be non‑refundable under any circumstances.

ANTI-MONEY LAUNDERING POLICIES

In accordance with applicable French and EU legislation, including the French Monetary and Financial Code and related regulations, law firms must cooperate in the prevention of money laundering and the financing of terrorism. Therefore, LEXIDY may request from the Client information and documentation accrediting both the formal and real identity of the Client and the professional or business activity carried out. Such documentation shall be kept by LEXIDY for the period of time established in the regulations on the prevention of money laundering and the financing of terrorism.

Therefore, in order to comply with the internal policies that LEXIDY has established on the identification of its Clients and with the regulations on the prevention of money laundering and the financing of terrorism, it will be necessary, prior to the acceptance of the Assignment by LEXIDY or the commencement of LEXIDY’s participation in the Services, that the Client has sent, by the means it deems most appropriate (post or courier service, documents attached to e-mails, fax, etc.), documentation accrediting both its identity and its business or professional activity and, if applicable, the identity of the real owners and its control structure.

Additionally, in exceptional circumstances and in the application of the regulations on the prevention of money laundering and the financing of terrorism, LEXIDY may be obliged to inform the TRACFIN (Traitement du renseignement et action contre les circuits financiers clandestins)  and provide them with any information and/or documents they may require.

PROFESSIONAL INDEMNITY INSURANCE

Lexidy  Group is covered under the professional liability insurance policy issued by GENERALI España, S.A. de Seguros y Reaseguros.

This policy provides coverage of up to 2,000,000.00 EUR per claim, including legal defence costs and damages in accordance with the policy’s terms.

The limitations of liability set out in these Terms and Conditions are intended to operate in harmony with, and not in excess of, the coverage provided under this professional liability insurance, without prejudice to any mandatory legal provisions that may apply.

RESPONSIBILITY OF LEXIDY

In matters of legal advice, decisions made regarding the execution, follow-up and implementation of the advice, counsel, opinion or recommendation made by LEXIDY in the provision of the services are the sole responsibility of the Client, who adopts them under his own responsibility.

The Client is fully responsible for the information made available or delivered to LEXIDY for the provision of services and for the documentation submitted for the aforementioned KYC. Consequently, the Client expressly releases LEXIDY from any liability for damages that may arise in the event that such information and/or documentation is incomplete, false, untrue or inaccurate, or is, where appropriate, provided outside the period necessary for the proper provision of services by LEXIDY. 

The assistance given to the client is provided on the basis of the texts, case law and doctrine published on the date of the consultation of LEXIDY FRANCE, it being specified that the texts, case law and doctrine are subject to change.

In no case the services offered by LEXIDY will consist, in any way, in the assumption of powers or attributions of the governing and management bodies of the Client. LEXIDY will not make decisions or choose alternatives that directly involve the Client. Therefore, the services provided to the Client do not include sealing or intervention of any document, nor direct actions before third parties, except by express and direct order of the Client, which will be left in writing between the parties and, in any case, in its name and under the exclusive responsibility of the Client. Thus, the legal relationship between the Client and LEXIDY is not in any case an agency, labour, mandate or representation relationship, unless expressly agreed in writing in this sense between the parties.LEXIDY shall be liable for any damages caused to the Client and attributable to LEXIDY or its professionals **only where fraud (dol) or gross negligence (faute lourde) has been duly proven.

The damages of the Client for which LEXIDY shall be liable shall be those that are a direct consequence of an event foreseen or foreseeable at the time of the acceptance of the corresponding Proposal and that are attributable to LEXIDY or its professionals.The amount of the indemnity shall be the amount of the damages that are proven to have been directly caused by LEXIDY FRANCE.

Without prejudice to any coverage provided by the professional liability insurance, and except in cases of fraud (dol) or gross negligence (faute lourde), the aggregate liability of LEXIDY FRANCE towards the Client under a given Engagement shall not exceed the amount of the **professional fees (excluding taxes and third‑party costs) effectively paid by the Client to LEXIDY FRANCE under that Engagement.The Client is obliged to submit a written claim, determining in sufficient detail the nature of the claim and the amount claimed, within a period not exceeding three (3) years from the end of the provision of the Services, except in case of fraud, in which the legally established statute of limitations shall apply.
In no case will LEXIDY FRANCE be liable for damages derived or caused, in whole or in part, as a consequence of falsehood, concealment or any other conduct of the Client that was wilful or negligent, or not carried out in accordance with the principles of good faith, or for breaches that occur for causes beyond its reasonable control.

The eventual liability of LEXIDY FRANCE shall be only towards the Client. LEXIDY FRANCE will not be responsible for the damages that may be caused to third parties as a consequence of the use that the Client may make of the services rendered or to be rendered outside their own purpose.

CONTRACT RESCISSION

LEXIDY will treat all information obtained from the Client in the strictest confidence indefinitely, , in accordance with professional secrecy rules, even after the end of any corresponding Assignment..
The solicitor-client relationship between LEXIDY FRANCE and the Client will cease when LEXIDY FRANCE ceases to be actively involved in the Client’s assignment. However, if deemed appropriate, LEXIDY may cease rendering services and representing the Client for any reason (respecting the rules on professional liability in force in the jurisdiction where the services are rendered). If the time comes that LEXIDY FRANCE finds the need to exercise this right, LEXIDY FRANCE will inform the Client without delay, explaining the reasons for the suspension and drawing the CLIENT’s attention to the possible consequences of such a suspension.All charges for the services rendered up to the date on which the services are ceased will be assumed by the Client in any case.

LEXIDY FRANCE may cease to represent the Client in case of non-compliance with the requirements of the procedure for identification or control of conflicts of interest or due to any other circumstances under the solicitor’s criteria. In such a case, an solicitor-client relationship between LEXIDY and the Client cannot be deemed to have been established.

In the event that the Client wishes to dismiss LEXIDY FRANCE, for any reason, LEXIDY FRANCE will interrupt his Engagement and cease all Engagement for the Client and will return his file to the Client. The work already carried out will be remunerated in accordance with the fee structure agreed in the Engagement (fixed fee, hourly rate or otherwise), and any amounts corresponding to services duly rendered up to the date of dismissal shall remain due.

Furthermore, if, after a period of one (1) year from the date of any communication, accompanied by two (2) follow-up correspondences, wherein the LEXIDY FRANCE requests the CLIENT information or documents essential to the provision of services, the Client fails to respond or remains inactive, Lexidy reserves the right to terminate the provision of services without any obligation to refund fees paid by the client. Such termination shall be communicated to the client in writing, specifying the reasons for termination. Upon termination, the client shall promptly return any materials or documents provided by the law firm.

Any amounts retained by LEXIDY FRANCE in such cases shall be deemed to cover the work already performed, time invested and administrative costs incurred up to the date on which the engagement is deemed terminated.

DEBT COLLECTION & DATA TRANSFER

In the event that the Client fails to make the payment within the agreed timeframe, LEXIDY FRANCE reserves the right to transfer the debt to its internal collections department or to collaborating agencies specialised in debt collection. The Client expressly authorises LEXIDY FRANCE and, where applicable, such collaborating agencies to carry out appropriate actions within the legal framework and in compliance with the GDPR and French law, for the purposes of locating the Client and managing the collection of the outstanding debt, and, where legally permitted, obtaining information on creditworthiness.

Any registration of debts in credit databases or default registers shall only take place where all legal requirements are fulfilled, including the existence of a due, payable and undisputed debt, prior notice to the Client where required by law, and compliance with applicable data protection and consumer protection regulations.

The Client commits that the unpaid debts are certain, liquid, determined, due, and enforceable, in order to facilitate and resolve the payment compliance by the debtor.

Personal data may be communicated to external service providers, including debt-collection agencies and legal service providers, acting as processors or, where applicable, as independent controllers, strictly for the purposes of managing unpaid debts and in compliance with applicable data protection laws.

Lexidy guarantees that all the Client’s personal data will be processed in accordance with current data protection regulations, ensuring their confidentiality and appropriate use solely for the purposes described in this clause.

Additionally, the Client agrees that, in the event of non-payment, they may receive calls and electronic communications (emails, SMS) from LEXIDY FRANCE or collaborating agencies. These communications will aim to inform the Client about the status of their debt and manage its recovery and shall be carried out within reasonable hours and in accordance with French consumer and data protection laws. These communications will aim to inform the Client about the status of their debt and manage its recovery:

• Late Payment Interest: In the event that the Client fails to make the payment of the invoice within the established period, a late payment interest of 3%, , or the maximum rate permitted by applicable law if lower, will be applied on the outstanding amount. This interest will be calculated as follows:
  Interest Calculation: The 3% interest will be applied to the total amount of the unpaid invoice. The calculation will be based on an annual rate and prorated for the days of delay in payment.
• Application Period: The interest will start to accrue from the day following the expiration of the agreed payment period and will continue until the date the full amount owed is paid.
• Payment of Interest: The Client must pay the amount of the late payment interest along with the payment of the principal debt. Lexidy will provide a detailed breakdown of the accrued interest in the communication regarding the status of the debt.

APPLICABLE LAW AND DISPUTE RESOLUTION

The formation, validity, performance and interpretation of this Agreement or any of its revisions, modifications or amendments shall be governed in all respects and construed in accordance with French Law.
Any dispute, controversy or claim arising out of or relating to this Agreement or any of its revisions, modifications or amendments, including, but without being limited to, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to the President of the Paris Bar Association at the request of the most diligent party.

Any disputes arising in connection with this agreement shall be settled before the Paris courts, in accordance with the provisions of articles 174 et seq. of decree no. 91-1197 of November 27, 1991 organising the legal profession, which may be freely consulted on the website https://www.legifrance.gouv.fr.

It is expressly agreed between the parties that in the event of a dispute, the amount of fees, costs and disbursements calculated as provided for in the Agreement, and remaining due to the Lawyer, shall be deposited with the President of the Paris Court of Appeal Bar, pending a final decision on the determination of fees, costs and disbursements.

If the client is a consumer within the meaning of consumer law, he may also refer the matter to the Consumer Mediator of the legal profession in France.

The CLIENT is hereby informed that the mediator may only be contacted after having first attempted to resolve the dispute directly with the LAWYER by means of a written complaint.

If the dispute persists or if the client wishes to obtain compensation for professional misconduct on the part of the lawyer,  the place of jurisdiction shall be exclusively the city of Paris.

CONFIDENTIALITY

The provision of the Services by LEXIDY is subject to professional secrecy, which shall be maintained even after the end of any corresponding Assignment.

This duty of professional secrecy implies that all lawyers and employees of LEXIDY shall keep secret all facts or news of which they become aware by reason of any of their professional news of which they have knowledge by reason of any of the modalities of their professional activity, except in the cases expressly established by law.

In this regard, the regulations on the prevention of money laundering and the financing of terrorism impose the obligation to report certain transactions to the competent authorities, in the terms established in these Terms and Conditions.

Likewise, in relation to those Assignments which, in accordance with Council Directive (EU) 2018/822 of 25 May 2018 (“DAC-6”) and its internal transposition regulations, are classified as mechanisms subject to reporting, LEXIDY may be obliged to report certain information directly to the tax authorities, under the terms set out in these Terms and Conditions.

The PARTIES undertake to transmit to each other the information necessary to comply with legal obligations and to enable the best possible functioning and performance of this contract.

The PARTIES undertake to keep confidential the information that is originated or transmitted to the other party for the performance of this contract, both during the term of this contract and after its termination, and not to disseminate, transmit or disclose to third parties any information of any leads or clients.

For these purposes, confidential information shall mean any information that may be disclosed orally, in writing or by any other means or medium, tangible or intangible, including, but not limited to:

Information of a technical, financial, legal, fiscal and/or commercial nature.

• “Know how”.
• Business models and strategies.
• Names of clients as well as their contact details.
• Projects and operations under study or proposed.
• Reports, plans, market projections and data.
• Analyses and working papers, compilations, comparisons, studies.
• Internal conversations held during the collaboration.
• In general, all information exchanged between the PARTIES before or after the signature of this Agreement.

For these purposes, information shall not be considered confidential and shall not be treated as such:

• Is publicly known at the time of its notification and becomes publicly known without any of the PARTIES having failed to comply with the provisions of this agreement.
• Becomes accessible to the public for reasons other than breach of the obligation of confidentiality.
• Information that is public or has been published, reported or disseminated to the public at large.
• Is received through third parties without restriction and without breach of this Agreement.
• Must be disclosed to comply with an order of a judicial or administrative nature.

The PARTIES shall ensure that no third party has access to confidential information provided by them during the provision of the services. 

The PARTIES shall take the necessary precautions to protect all devices from security threats, and generally to protect any information from any type of disclosure threat.      

Upon termination of this agreement, the PARTIES shall delete all data or information, provided in any form and on any device, which has been delivered to them by the other Party within the framework of this Collaboration agreement.

DATA PROTECTION

Lead management and CRM – Lexidy Tech S.L.

For the purposes of Regulation (EU) 2016/679 (GDPR) and French data protection law (including the amended French Data Protection Act – Loi Informatique et Libertés), Lexidy Tech S.L. acts as a data controller in relation to the personal data it collects via Lexidy Group websites, online forms, landing pages, digital campaigns and its customer relationship management (CRM) platform (currently HubSpot or any successor), and for the management of leads and pre‑contractual enquiries relating to services in France.

Lexidy Tech S.L. processes identification and contact details and basic information about the Client’s country of origin and requested services for the purposes of:

• managing requests for information;
• qualifying and routing leads within the Lexidy Group;
• preparing and sending proposals; and
• analysing and improving marketing and commercial performance.

Depending on the type of French service requested (for example, visas, residence permits, Passeport Talent or other immigration/relocation services) and the Client’s language, Lexidy Tech S.L. may share such data with other Lexidy Group entities, strictly for internal administration, lead allocation and, where applicable, performance of services, under appropriate contractual and security safeguards.

The Client may exercise their GDPR rights in relation to this lead‑management processing (access, rectification, erasure, restriction, objection, portability and the right not to be subject to automated individual decisions, including profiling) by contacting Lexidy Tech S.L. at:

• Avinguda Diagonal 442, 1‑1, 08037 Barcelona, Spain
• Email: compliance@lexidy.com

The Client may also lodge a complaint with the French Data Protection Authority (Commission Nationale de l’Informatique et des Libertés – CNIL) via www.cnil.fr or with any other competent supervisory authority under GDPR if they believe their data protection rights have been violated.

In particular:

Purposes: personal data will be processed for the purpose of:

• performing the services described in the Engagement (for example, assistance with French visas, residence permits, Passeport Talent and related procedures, as well as real‑estate‑related formalities),
• managing the contractual relationship with the Client, and
• complying with legal, regulatory and professional obligations (including AML/CTF and Bar rules).

Legal bases: the processing is necessary:

• for the performance of a contract to which the Client is a party, or to take steps at the Client’s request prior to entering into a contract, and/or
• for compliance with Maison Lexelle’s legal obligations (for example, AML/CTF, tax and professional regulations).
• Where required, processing may also be based on the Client’s consent (for example, in relation to certain marketing communications).

Retention: personal data will be retained for the duration of the contractual relationship and, thereafter, for the period necessary to comply with legal, regulatory and professional obligations and limitation periods, after which the data will be securely deleted or anonymised.

Recipients: personal data may be disclosed to:

• French and foreign public authorities, consulates, courts, registries and regulators where necessary for the processing of the Client’s matter or to comply with legal obligations;
• service providers (including IT, CRM, infrastructure and translation providers) acting as data processors on behalf of Maison Lexelle under appropriate data processing agreements; and
• other Lexidy Group entities or independent professionals (such as notaries or local counsel) where necessary for the performance of the services, in accordance with applicable data protection law.

The Client may exercise their data protection rights (access, rectification, erasure, restriction, objection, portability and the right not to be subject to automated individual decisions, including profiling) by submitting a written request to Maison Lexelle at its registered address or by using the contact details indicated in its privacy notice. The Client also has the right to lodge a complaint with the CNIL via www.cnil.fr.

SEVERANCE

If any provision of these Terms and Conditions is found to be invalid, unlawful or unenforceable, that provision shall be deemed severed, and the remainder shall continue in full force and effect.

The parties shall negotiate in good faith to replace any such provision with a valid and enforceable one that most closely reflects their original intent.

Amendments to Terms and Conditions

Lexidy reserves the right to amend these Terms and Conditions at any time for legal, technical, operational or commercial reasons.

Any material changes will be communicated to the Client by email or through an update in the client portal or contractual documentation.

Such changes shall take effect as of the date indicated in the notice and will apply only to services contracted thereafter or to engagements not yet commenced. If the Client does not agree with the modifications, they may request to terminate the agreement without penalty, with respect to services not yet rendered.