Asking about the quote regarding about anti-spamming law in Vietnam

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Client: Dear Sir/ Madam, Our company wants to send email and SMS to its patients (approx. 10,000 – 20,000 patients) to update or inform about FMP’s services.  Our concerns are (i) how to use email tool and SMS to communicate with your patients legally, and  (ii) legal exposures of not seeking acceptance of patients before sending emails and SMS. Can you please send us the fee quote regarding about this?

Lawyer: This is reference to your email from which, we understand that your company (hereinafter referred to as “Client”) would like to send email and SMS to its patients (approx. 10,000 – 20,000 patients) to update or inform about your company’s services.

Client therefore would like us to advise on i) how to use email tool and SMS to communicate with your patients legally, and (ii) legal exposures of not seeking acceptance of patients before sending emails and SMS. Thus, we are grateful to present you our Legal Services Proposal for your review and consideration.

1. SCOPE OF WORKS

Following works are proposed based on the request of Client. However, depending on the specific position/situation of Client, several work items may not be necessary. Meanwhile, other works may be required. SB Law shall immediately advise Client the same upon review documents of the case. However, any additional works shall not fall under the scope of this Engagement Letter, but could be provided upon request.

a. 02 working hours for studying relevant Vietnam Regulations;

b. 04 working hours for preparation of Legal Advice Report;

We shall advise you in case the actual amount of work required by SB Law exceeds our initial estimate, SB Law will advise of any possible excess such estimate before commencing such additional works.

2. DELIVARABLES

The Deliverables will include documents prepared in English.

3. PROFESSIONAL FEE

3.1. The Price for performing the SBLaw services as mentioned in item 1 above will be 12,500,000VND (In word: Twelve million and five hundred thousand Vietnam Dong). The fee is exclusive of 10% VAT.

3.2. Services fee shall be paid to SB Law as follows:

– Within 04 working days from the date of signing the legal service contract, Client will pay for SB Law an advance payment which equivalent to 65% of the total estimated services fee.

– Client will pay the remained fee and other cost and disbursement incurred on Client’s behalf within 05 working days from obtainment first drafted of Legal Advice Report from SB Law.

– Client shall immediately notify SB Law of when actual payment(s) will be made on the amount specified in the invoice(s). SB Law will start working only upon receipt of payment of the respective invoice(s). Alternatively, SB Law reserves the right to withdraw the service if payment is not received 10 days after the date of the invoice.

 

Further, in the event payments are not received by the payable date, SB Law reserves the right to suspend services and/or levy and collect a late payment fee of 0.5% per month up to the date of receipt of payment by SB Law.