Terms & Conditions of Engagement

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Dear Sir, Following are the terms upon which we agree to act on your behalf on all matters handled by us except where we inform you otherwise in writing.

Lawyer in Charge
A lawyer will be in charge of each of your matters; however other office members may be involved as appropriate. In the course of handling your matter(s), we may need to instruct other Sudanese or foreign lawyers, experts or other parties on your behalf.

2.1. Unless you inform us otherwise in writing, we may communicate with any one of your staff, representatives or advisers as we consider suitable.
2.2 Unless you inform us otherwise in writing to use a specific mean or means of communication, we may use any means of communication we deem appropriate.

Our duties are owed only to you or to the party nominated by you and accepted by us. We may not be liable to any other party. You hereby confirm that you will not be acting on behalf of any other party whose identity has not been disclosed to us.

In case we instruct any other party on your behalf, we may not be held liable for any services rendered or actions taken by such other party.

Any confidential information acquired by us in the course of handling your matters will be kept confidential unless you direct us otherwise, or we are legally required to disclose. In case we are asked about our experience, and for publicity purposes, we reserve the right to issue statements identifying clients (including you) as our clients, and in relation to specific matters to give a summary description thereof, including identifying the names of the parties, the industry area and the approximate value involved.

Conflict of Interest

5.1. In case there is any conflict, or real possibility of conflict, of interest between your interest and the interests of other clients or prospective clients we may (regarding the matters involving conflict) either:
A. Continue to act for both of you after obtaining your consent, and the consent of the other client.
B. Decline to act for both of you and the other client.
C. Decline to act either for you or the other client.
5.2. If we no longer act for you on the matter involving conflict of interest, we may act for the other client.
5.3. In all cases of conflict of interest, we will put in place such internal systems and controls as we reasonably deem proper to enable us to discharge our duty of confidentiality to both of you and the other client.

6-1: Unless we otherwise agree in writing, generally, our fees are based on the time spent in dealing with your matter (s) calculated at the hourly charging rates applicable from time to time. Such hourly rates can be provided on request, and you will be informed of any changes.
6-2: If your work involves travel outside Sudan (or outside Khartoum) the hourly rate fee is calculated on the basis of eight (8) hours per day including travel time.
6-3: Our fees are exclusive of any taxes or other charges, which if required by any applicable law, shall be paid by the client.

In addition to our fees we will charge costs incurred by us in the course of handling your matter(s) including without limitation items such as travel expenses, photocopying, courier, telecommunications and other disbursements.

Third Party Costs
In case we instruct any party on your behalf, we will be acting as your agent. You will be responsible for such third parties’ fees and other costs and reimbursements.

Payment on Account
We may ask you, from time to time, to make payment on account of anticipated fees, costs and reimbursement.

Payment of Bills
You agree to pay our bills within fourteen (14) days from the date of delivery of the relevant bill to you.

You may terminate our engagement at any time unless other arrangements are expressly agreed or implicit in the circumstances regarding any particular matter we are handling. We may terminate our engagement at any time on giving you reasonable notice. Following any termination, you will pay any fees or costs due to us or to any third party instructed by us on your behalf up to the time of termination as well as for any work that we are required to do after termination. Until payment of all sums due to us, we will have a lien on all your documents and / or any other assets we may hold.

Governing Law and Jurisdiction
All the arrangements between us regarding the services we provide are governed by Sudanese Law. Any dispute which may arise regarding these arrangements shall be submitted to the exclusive jurisdiction of the Sudanese courts unless we agree, in writing, to resolve it otherwise.