Schedule an appointment at an office/ by phone/ by videoconference:
LEGAL NOTICE & CONDITIONS OF USE FOR ONLINE SERVICES hereinafter “COU”
Updated as of 01-03-2021
Société d’exercice libéral par actions simplifiée with a capital of 832,816 euros.
The head office is located at 58 boulevard de Grenelle – 75015 PARIS – France
Registered with the Registry of Commerce and Companies of Paris under number 752 777 441.
Represented by its Chairman, duly authorized, Mr Philippe CHARLES
(hereinafter referred to as “AGN AVOCATS“)
offers, via a website accessible at www.agn-avocats.com, a presentation of the AGN AVOCATS network, as well as various services designed to facilitate contact between a client and the law firms of the AGN group.
The website publication director is Mr Philippe CHARLES in his capacity as President of SELAS AGN AVOCATS.
The present Conditions of Use govern the relationship between AGN AVOCATS and the User.
By accessing the Website and using the Services, the User acknowledges that they have read and understood these Conditions of Use in their entirety, and accepts them without restriction or reservation.
Database: refers to the database made available by AGN AVOCATS, consisting entirely of Client Data.
Contract: refers to the following contractual package: (i) these Conditions of Use, (ii) the Personal Data Protection Policy. These documents are available to the User at any time on the Website, at www.agn-avocats.fr/cou/ and www.agn-avocats.fr/privacy-notice-2/ respectively.
Customer Data: refers to all information and/or data, in particular Personal Data, entered by the customer as part of the Services and which make up the Database. This Customer Data is the property of AGN AVOCATS. It includes customer information, appointments, diary and account configurations, etc.
Personal Data: refers, in accordance with the General Data Protection Regulation (GDPR), to any information relating to a natural person who is identified or who can be identified, directly or indirectly, by reference in particular to an identification number or to one or more elements that are specific to them, such as pseudonym, profile, address communicated or processed within the framework of the Services.
Equipment: refers to any type of equipment such as computers, headsets, microphones, webcams, telephones, tablets and any other means of electronic communication enabling access to and use of the Services.
Party(ies): refers jointly to AGN AVOCATS and the User in the context of these Conditions of Use.
Customer: refers to any individual or legal entity using the services of the www.agn-avocats.com website.
Lawyer: refers to any individual or legal entity who is a member of the AGN AVOCATS network.
Controller: has the meaning assigned to it by the GDPR.
GDPR: refers to the General Data Protection Regulation (EU) 2016/679 of the European Parliament of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data repealing Directive 95/46/EC.
Services: refers to the services provided by AGN AVOCATS to the User via the Website, and intended to facilitate the User’s contact with a Lawyer, as described in article 6.1 of these Conditions of Use.
Website: refers to the AGN VOCATS website whose address is: www.agn-avocats.com
Processing: has the meaning assigned to it by the GDPR.
Transfer: has the meaning assigned to it by the GDPR.
User(s): refers to any individual consulting the Website or accessing the Services.
- PURPOSE OF THE CONDITIONS OF USE
The purpose of these Conditions of Use is to define the terms and conditions under which the User may use and benefit from the Services provided by AGN AVOCATS and the respective rights and obligations of AGN AVOCATS and the User.
The Customer is hereby informed that the use of the Services and the payment of their price requires the use of the PAYZEN payment solution developed by LYRA, to which he/she will be automatically redirected at the time of said payment. In order to use this payment solution, the Customer must accept the general conditions of use PAYZEN.
The User is hereby informed that PAYZEN’s conditions of use may provide for additional and indispensable requirements for the use of PAYZEN, over and above those provided for in the present Conditions of Use. AGN AVOCATS has no control over them. The User undertakes to read these requirements carefully before using the PAYZEN payment solution offered by the Website.
The User may access PAYZEN’s conditions of use at any time via the following link https://www.lyra.com/fr/mentions-legales/.
The User declares that he/she is fully aware that by accepting PAYZEN’s conditions of use, he/she is contractually bound to PAYZEN and that AGN AVOCATS is not a party to this relationship.
Consequently, AGN AVOCATS declines all responsibility for the consequences, if any, of improper use of PAYZEN payment platform, or its inaccessibility, whatever the origin or cause.
The cost of fees pertaining to the Service will be collected by the Lawyer.
Any claim for reimbursement may only be made against the company receiving the funds which issued the invoice.
The User is hereby informed that the cost of bank charges associated with the transaction and deducted under the online Payment service provided by PAYZEN shall be borne by AGN AVOCATS and/or any structure of the AGN AVOCATS group substituted therefore.
- UNRESERVED ACCEPTANCE OF THE CONDITIONS OF USE
Consultation of the Website is subject to the User’s unreserved acceptance of and compliance with these Conditions of Use.
Consequently, on visiting the Website for the first time, the User acknowledges that they have duly read these Conditions of Use and expressly agrees to their application.
- EFFECTIVE VERSION AND AMENDMENTS TO THE CONDITIONS OF USE
AGN AVOCATS is free to modify, at any time and without notice, the present COU, in order to take into account any legal, jurisprudential, editorial and/or technical evolution.
The latest version of the Conditions of Use, which is the only version applied by AGN AVOCATS, is permanently available on the Website at the following address: http://www.agn-avocats.com/cou/
- DURATION OF CONDITIONS OF USE
These Conditions of Use come into force on the date they are posted on the Website, remain in force for an indefinite period and are enforceable from the date of first use of the Website or Services by the User, for the entire duration of its use.
- DESCRIPTION OF THE PLATFORM’S GENERAL FUNCTIONING
6.1. SERVICES OFFERED TO THE USER AND TERMS AND CONDITIONS
The purpose of AGN AVOCATS is to offer the User, via the Website, the possibility of using the following Services under the conditions defined below:
- Online appointment booking,
- Secure videoconferencing
- Online calculators
The Services offered and described in these Conditions of Use are provided free of charge by AGN AVOCATS to the User.
Nevertheless, the User acknowledges that the Platform refers to Services provided by a Lawyer as part of a legal consultation for which fees will be invoiced and duly displayed on the website, namely :
- 75€ incl. VAT for an individual;
- 120€ incl. VAT for a business.
AGN AVOCATS particularly draws the User’s attention to the fact that the User uses the Website and the Services offered by AGN AVOCATS under their entire responsibility, as AGN AVOCATS only provides, via the Website, technical means enabling the User to facilitate, under the best conditions, their contact with a Lawyer.
In this security, the User is reminded that the Services are not intended as a substitute for contact between the User and the Lawyer.
Furthermore, the Services do not constitute a lawyer referral service, and are not intended to replace the free choice of a lawyer, in accordance with current legislation.
The Directory service enables the User to search for and choose an AGN AVOCATS’ office online via the Website.
AGN Avocats’ offices are classified according to their location.
The law firm page available for consultation by the User includes the contact details, access information, opening hours of the office, as well as the surnames, names and photograph’s of the lawyers of the office.
If the user is looking for a lawyer who does not belong to the AGN AVOCATS network, they are invited to consult the websites of the relevant professional associations.
The User always retains the right to choose their own lawyer.
6.1.2 ONLINE APPOINTMENT BOOKING
The Online Appointment Booking service enables the User to make an appointment online with a Lawyer belonging to the AGN AVOCATS Network via the Website.
It is the User’s responsibility to make all verifications that seem necessary or opportune before proceeding with any reservation with one of the Lawyers.
The User may, at any time, make an appointment online with a Lawyer for themselves or for a relative, for a face-to-face consultation or a videoconference, at a time indicated as available by the Lawyer on the website and which the User will have previously identified.
In the event of an appointment being booked for a relative, the User acknowledges that they have received permission from the relative to (i) use their Personal Data and enter it on the Platform, and (ii) book an appointment on their behalf.
The User undertakes to provide the telephone number and e-mail address of the said relative when making an appointment online.
In the event that the User is unable to provide the contact details of their relative, they acknowledge that they have obtained their relative’s prior consent to receive information and documents relating to their relative’s appointment.
Each appointment booked by the User is transmitted in real time to the Lawyer, who, if necessary, can postpone or even delete the appointment in their diary.
It is the lawyer’s responsibility to inform the user by any means. AGN AVOCATS is in no way responsible for any cancellation or unavailability of the Lawyer following the scheduling of an appointment by the User via the Online Appointment Service.
The user is informed that scheduling an appointment via the Online Appointment Booking Service constitutes a firm commitment on their part, and that any no-show for a scheduled appointment must be the subject of prior notice of cancellation or postponement to the Lawyer concerned.
This information must be provided by any means of contact of the Lawyer, including external to AGN AVOCATS.
The User acknowledges that they assume sole responsibility for the consequences of failing to keep an appointment with the Lawyer concerned.
6.1.3 Secure VIDEOCONFERENCE
The Secure Videoconferencing service enables the User to benefit from a scheduled remote consultation with a Lawyer, carried out by video transmission via the Website. The User acknowledges and accepts that the use of videoconferencing may, at the Lawyer’s request, be conditional upon payment of the price of the appointment agreed with the Lawyer in accordance with article 6.1 of the COU, if necessary via the PAYZEN payment service.
- PREREQUISITES FOR TELECONSULTATION
AGN AVOCATS cannot guarantee the conformity of its videoconferencing service and its use beyond French territory.
In order to benefit from a quality videoconferencing service, the User must have at least the following equipment:
- A smartphone or recent computer with a camera of satisfactory resolution;
- An internet connection (4G) with sufficient throughput.
If this is not the case, the Lawyer may terminate the videoconference and, if they deem it appropriate, charge the User for any acts already carried out. In such a case, the Lawyer will report any technical problems encountered, in accordance with the applicable regulations.
The User undertakes to use the Videoconferencing Service in conditions which ensure the confidentiality and smooth running of exchanges with the Lawyer. In particular, the User must ensure that the videoconference takes place in a place that is sufficiently bright and quiet to enable a quality videoconference.
- VIDEO CONFERENCING PROCEDURES
At the time of the Appointment, the Lawyer invites the Customer by email to connect to the Videoconference. Beforehand, the Lawyer gives the Customer a Videoconference Code.
AGN AVOCATS cannot be held responsible for delays or cancellations by Lawyers.
The Lawyer is the sole judge of the appropriateness of remote support for the User, and may interrupt the videoconference if necessary if the conditions for appropriate remote support are not met. In the event of a malfunction of any kind during the videoconference, the User must immediately inform the Lawyer. The User who improperly interrupts the videoconference is liable to the Lawyer.
The lawyer carries out the videoconference in complete independence, in accordance with their ethical and legal obligations. The duration of a videoconference is left to the lawyer’s discretion.
Given AGN AVOCATS’ role as a technical intermediary, videoconferencing takes place under the exclusive responsibility of the User and the Lawyer using the service.
The User agrees not to record, copy or distribute any content or excerpts of content in connection with the Videoconference, regardless of the means, medium, process or purpose. The Videoconference is not recorded by the Lawyer, AGN AVOCATS or any other third party. The User acknowledges that they have been informed that any infringement of image rights, privacy or professional and medical secrecy may be subject to sanctions, including criminal sanctions.
Any verbal or written incivility towards lawyers may be prosecuted.
The User will receive the corresponding invoice by any means, and, if applicable, the videoconference report.
6.1.4 ONLINE CALCULATORS
AGN AVOCATS offers the use of online calculators to calculate the user’s rights, such as :
- Amount of alimony ;
- Amount of compensatory allowance ;
- Amount of severance pay ;
- Amount of personal injury ;
The user authorizes AGN AVOCATS to collect and use the data provided for the purpose of calculating the desired fees and also for further marketing purposes in accordance with the personal data protection policy.
The user is informed that these online calculators are only pre-recorded spreadsheet tools with indicative figures based on general averages.
The results provided are by no means an exact calculation of expected entitlements, but merely an estimate provided for security purposes.
These tools are not intended for the statistical study of judicial decisions, nor for any kind of modeling of a judge’s reasoning.
6.2 ACCESS TO SERVICES
6.2.1. ACCESS TO THE WEBSITE
The website offering the Services is accessible to any User over the age of fifteen (15) who has the legal capacity to subscribe to these Conditions of Use.
However, a User of legal age may use the Services for the benefit of minor(s) for whom they exercise parental authority or is a tutor/curator, which they expressly declare, in accordance with and within the limits permitted by French law.
Accessing the Website does not require any special steps.
However, it is the User’s responsibility to ensure that they have the necessary Equipment to access the Website, in particular a suitable computer or cell phone and an Internet connection. All costs relating to access to the Services, whatever they may be, and in particular hardware, software or Internet access costs, are the sole responsibility of the User.
The User is solely responsible for the proper functioning of their Equipment, their Internet access and their ability to access the Website.
- OBLIGATIONS OF THE USER
7.1. USE OF THE WEBSITE AND SERVICES
The User may only use this Website in accordance with these Conditions of Use and, in any event, for lawful and proper purposes, including in accordance with the laws, regulations and codes of conduct applicable in France or any other country from which the User accesses the Website.
In addition to the obligations set forth in these Conditions of Use, the User undertakes in particular not to:
- Publish, transmit or distribute information on or via this Website that is or could be harmful, obscene, defamatory, offensive, inappropriate, shocking, abusive, insulting, racist, inciting to racial hatred, violence, constituting an apology for crimes against humanity, child pornography, likely to infringe human dignity or the privacy of others, illegal, contrary to the laws in force or illicit;
- Use this Website in a manner that constitutes or is likely to constitute an infringement of the rights of a third party;
- Make unauthorized, false or fraudulent appointment requests;
- Impersonating a third party;
- Distribute or publish inaccurate, false or incomplete information;
- Use any software, subroutine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of this Website, including without limitation uploading or otherwise making available files that contain corrupted data or viruses, Trojan horses, logic bombs, or other malicious code designed to interrupt, suspend, destroy or limit the functionality of any telecommunications equipment;
- Perform any act that imposes an unreasonable or disproportionately large load on the Website or any related infrastructure;
- Engage in commercial activities of any kind without the prior written consent of AGN AVOCATS;
- Collect, process and/or store Personal Data relating to other Users, where applicable in connection with the conduct of activities prohibited herein;
- Cover or hide any element contained on any page of the Website, in particular by means of HTML/ CSS ;
- Modifying, hacking or adapting the Site or any third-party website in such a way as to falsely imply that it is associated with the Site;
- Violate applicable legislation in any other way.
7.2. Hypertext links to the Website
No hypertext link to the Website or any use of an element of the Website may be made without the prior written authorization of AGN AVOCATS. This authorisation may be revoked at any time and at the sole discretion of AGN AVOCATS. AGN AVOCATS has the right to request the removal of any link to the Website, without prejudice to any damages it may claim as compensation for the loss suffered.
- USER WARRANTIES
8.1. INFORMATION COMMUNICATED
The User guarantees the accuracy and completeness of the information provided to AGN AVOCATS, throughout their contractual relationship, so that no guarantee will be due and AGN AVOCATS will not be held liable in the event of erroneous or incomplete information provided by the User, either spontaneously or at AGN AVOCATS’ request, or in the event of the User’s failure to respond to a request for information made by AGN AVOCATS.
8.2. DISPUTES ARISING FROM USE OF THE WEBSITE
The User undertakes to indemnify AGN AVOCATS up to the amount of the costs that AGN AVOCATS would have to bear following any claim or dispute, judicial or extrajudicial, related to the use of the Website and/or Services by the User and guarantees AGN AVOCATS against any condemnation in this regard in the event of legal proceedings.
- SCOPE OF AGN AVOCATS’ OBLIGATIONS AND LIABILITY
9.1. INTERNET FEATURES
The User declares that they are aware of and accept the characteristics and limits of the Internet, in particular with regard to technical performance, response times for consulting, querying or transferring information, the risks of interruption and, more generally, the risks inherent in any connection and transmission over the Internet, the lack of protection of certain data against possible misappropriation and the risks of contamination by any computer viruses circulating on the network.
Consequently, AGN AVOCATS cannot, under any circumstances, be held responsible for any damage directly or indirectly linked to one or other of these characteristics and/or limits.
It is the responsibility of all Users to take all necessary measures to protect their own data and/or software stored on their computer equipment against any attack.
9.2. AVAILABILITY OF SERVICES
AGN AVOCATS will use all reasonable means at its disposal to ensure the proper operation of the Website and to provide the User with access to the Services under the best possible conditions. In this security, AGN AVOCATS will make its best efforts, in accordance with the practices in such matters, to make the Website available and accessible 24/24H and 7/7D and to limit any disruptions or malfunctions.
For reasons of maintenance, testing, repair, updating, or technical intervention of any other nature related to the improvement and operation of the Services, whatever the origin or cause, AGN AVOCATS reserves the right to temporarily interrupt all or part of the Website, without notice and without the interruption giving rise to any obligation or compensation.
9.3. WEBSITE SECURITY
AGN AVOCATS will use its best efforts, in accordance with the standards and the applicable regulations, to secure the Website, within the framework of its use, as well as the processing of Personal Data.
However, AGN AVOCATS does not guarantee that the Website and the Services accessible through it will be, in whole or in part, free of errors and viruses, secure, or that the content will be downloadable without risk.
9.4. INTERMEDIARY STATUS IN THE CLIENT/LAWYER RELATIONSHIP
The User acknowledges and accepts that AGN AVOCATS does not provide professional advice.
The User is reminded that AGN AVOCATS acts exclusively as a technical intermediary between the User and the Lawyer, facilitating contact between the Lawyer and the Client.
In this regard, AGN AVOCATS is not a party to the legal relationship formed between the lawyer and the client.
Consequently, AGN AVOCATS cannot be held liable in the context of the relationship between the lawyer and the client, particularly in the event of any dispute or litigation.
9.4.1. SERVICES PROVIDED BY THE LAWYER
In this security, the User expressly acknowledges and accepts that:
- The use of the Services does not dilute, modify or attenuate either directly or indirectly the responsibility and obligations of the Lawyers involved in the Services vis-à-vis the Users, the Lawyers exercising their professional practice in complete independence, in accordance with their personal legal and regulatory obligations and under their exclusive responsibility;
- The Lawyer performs the Services under their sole responsibility.
Consequently, AGN AVOCATS cannot in any event be held responsible for the non-performance or poor performance of the Service offered by the Lawyer and cannot be held liable for any sum in this regard.
9.4.2. Appointment scheduling and management by the lawyer
AGN AVOCATS particularly draws Users’ attention to the fact that AGN AVOCATS does not itself validate or manage appointments, which are carried out directly by the Lawyer concerned and under their full responsibility.
Consequently, the User accepts and expressly acknowledges that the booking of the appointment with the Lawyer is not guaranteed by AGN AVOCATS, and that AGN AVOCATS cannot be held liable in any way in the event of any delay, cancellation, closed practice, or unavailability of the Lawyer, or in the event of refusal of service, for any reason whatsoever.
9.5. Force majeure, acts of God and acts of the User
In any event, AGN AVOCATS may not be held liable for damages resulting from a breach of its contractual obligations in the event of force majeure, acts of God, or due to faults or shortcomings attributable to the User.
AGN AVOCATS reminds you that the implementation of the Services relies on the collection, processing and hosting of Personal Data.
In order to comply with applicable regulations, the Website is hosted by:
Société par Actions Simplifiée with a capital of €2,300,000
with registered office at 63-65 boulevard Masséna Paris (75013) FRANCE
Siren 423 093 459 RCS PARIS
Tel +33 (0) 1 126.96.36.199
Fax +33 (0) 1 43 73 18 51
As AGN AVOCATS has chosen to have the Website and Customer Data hosted by professional hosting companies, it cannot be held responsible for any failures on the part of the latter.
- PROTECTION OF PERSONAL DATA AND PRIVACY
AGN AVOCATS invites the user to refer to the personal data protection policy accessible at the following address: http://www.agn-avocats.com/privacy-notice-2/
The user may consult the cookie management policy at the following address: http://www.agn-avocats.com/cookies/
- INTELLECTUAL PROPERTY
The Website is the exclusive property of AGN AVOCATS.
In general, AGN AVOCATS grants a free, personal, non-exclusive and non-transferable right to access and use the Website, any other right being expressly excluded without the prior written consent of AGN AVOCATS.
Trademarks, copyrights, database rights and other intellectual property rights relating to the Elements or content present on the Website, as well as the organization and presentation of said Website and the underlying software code are the exclusive property of AGN AVOCATS or its licensors, and the present Terms and Conditions of Use do not imply any transfer of intellectual property rights to the User.
The User may not copy, modify, alter, publish, distribute, sell or transfer all or part of the elements of this Website or the underlying software code, without the prior written consent of AGN AVOCATS. However, the content of this Website may be downloaded, printed or copied for personal, non-commercial use.
- Hypertext links from the Website
The Website may contain hypertext links pointing to other websites or external resources that do not belong to AGN AVOCATS or are not controlled either directly or indirectly by AGN AVOCATS, which exercises no control over their content, their personal data protection charters or the practices of third-party sites and declines all responsibility in this respect.
AGN AVOCATS is not responsible for the availability of these external websites and resources, and does not endorse and is not responsible or liable for any content, advertising, products or services or other information, data or other materials on or available from such websites or resources.
AGN AVOCATS shall not be held liable for any loss or damage that Users may suffer as a result of the content made available by these external websites or resources or as a result of the reliance placed by Internet users on the completeness, accuracy or existence of any advertising, products or other materials on or accessible from these websites or resources.
It is formally agreed that any tolerance or waiver by one of the Parties, in the application of all or part of the undertakings set out in these Conditions of Use, whatever the frequency and duration thereof, shall not constitute a modification of the contract, nor generate any right whatsoever.
The fact that AGN AVOCATS does not avail itself of a default or breach by the User of any of its contractual or legal obligations shall not be construed as a waiver of the right to avail itself of said default or breach. Similarly, the fact that AGN AVOCATS does not avail itself of a stipulation of the present Conditions of Use does not in any way imply waiver of the benefit of said stipulation.
- PARTIAL DISABILITY
The invalidity or inapplicability of any of the stipulations of the Conditions of Use shall not invalidate the other stipulations, which shall retain their full force and scope.
However, the Parties may, by mutual agreement, agree to replace the invalidated stipulation(s).
- PROOF AGREEMENT
The Parties expressly agree that :
- The presence of an identification code validly identifies the author of a document or message and establishes its authenticity;
- An electronic document containing an identification code is equivalent to a written document signed by the issuer;
- The Parties may rely on the printout of an electronic message from an electronic messaging software to prove the content of the exchanges they have concerning the execution of the Conditions of Use.
The User accepts the use of electronic messaging for the transmission of information requested by the User concerning the conclusion or execution of the Conditions of Use.
In the absence of proof to the contrary, the data recorded by AGN AVOCATS constitutes proof of all exchanges.
- APPLICABLE LAW – LANGUAGE OF THE CONTRACT
If you reside in the European Economic Area (EEA) or if you are an organization located in one of these countries, the COU are governed by the laws of your country of residence. In other cases, the Conditions of Use are governed by French law, to the exclusion of any other legislation, unless otherwise provided by public order.
They are written in French. Should they be translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.
If a dispute arises between AGN AVOCATS and the User concerning the validity, interpretation, performance and/or termination of these Conditions of Use, AGN AVOCATS makes available to the User acting as a consumer, in accordance with the provisions of the French Consumer Code, a mediation mechanism for the amicable resolution of the dispute.
Thus, the User may have recourse to the Mediator of the legal profession, whose contact details are as follows:
Consumer ombudsman for the legal profession Ms Carole Pascarel
Address: 180, boulevard Haussmann, 75008 Paris
E-mail address :
You are hereby informed that you may only refer the matter to the mediator after first attempting to resolve the dispute directly with your lawyer by means of a written complaint.
The costs of the mediator’s intervention shall be borne equally by each of the Parties.
For further information, the User is invited to contact AGN AVOCATS by e-mail at: firstname.lastname@example.org
- LITIGATION – COMPETENT COURT
The Parties agree that any disputes that may arise concerning the validity, interpretation, performance and/or termination of these Conditions of Use or their consequences and outcomes shall be subject to the jurisdiction of the courts having territorial and material competence.