General Terms and Conditions / Mandate Agreement

1. Contractual partner

The contractual partner is Recht 24/7 Schröder Rechtsanwaltsgesellschaft mbH, Munich (hereinafter: Recht 24-7). A law firm operating and advising under German law. The following General Terms and Conditions (hereinafter also referred to as: Mandate Agreement) apply to each mandate, which are also expressly referred to again in the online ordering process for each individual order.

2. Scope of services / obligations to cooperate

The scope of the legal advice service is set out in the service descriptions presented on the website and, where applicable, made available for download. Please note that our processing times may be extended on weekends (orders received on Fridays from 4 p.m.) and public holidays until 1 p.m. on the next working day.

The client is obliged to ensure that he can be reached via the e-mail address he has provided. If an e-mail cannot be delivered or is delivered late due to an incorrect e-mail address, the client shall be responsible for this.

Telephone advice shall not be provided unless this is part of a consultancy product or has been explicitly commissioned in addition.

2.1 Trademark search and registration

As part of the identity and similarity search, we carry out a technical search for trademark applications using the databases we use to determine whether a trademark application already exists for an identical or similar trademark. Due to the complexity of a trademark and the sequence of signs, it cannot be ruled out that a search for all similar brand names cannot be determined.

In this respect, please also note that an opposition under trademark law, a warning letter from a third party, injunctions and temporary injunctions can be filed even if the complainant himself alleges a likelihood of confusion.
It can therefore never be completely ruled out that a third party will file the above-mentioned legal remedies. A similarity and identity search cannot prevent this. However, after a proper examination, we recommend filing an application with reference to the aforementioned risks that always remain with a trademark application.

In the case of trademark searches, there is a risk that new trademarks will be applied for and the trademark will no longer be current if a longer period of time passes. In this respect, we assume that a trademark search is valid for three months. After the trademark search has expired, you can either apply for registration of the trademark with the old trademark search or commission a new trademark search, which we recommend.

Trademark searches include up to two searches in the scope of the application. Each additional search is then offered on the basis of the applicable list price and invoiced after the client has commissioned the search.

As part of the trademark application, we will file the trademark you have finally approved.

If a trademark application is not completed more than three months after the initial mandate through no fault of Recht 24/7, Recht 24/7 may charge an additional flat-rate service fee or adjust the fee to the then current fees.

2.2 Formation and liquidation

Any additional costs claimed by a third party (e.g. for an IHK query in Berlin) shall be borne by the client.

Cancellation is no longer possible once the notary appointment for the notarization or liquidation of the company has been agreed. An appointment is included in the scope of services. Postponements, changes of notary as well as confirmation and cancellation of appointments must be made by the founder / liquidator himself.

The formation fee only applies to a cash formation. Incorporation in kind is not included in the incorporation package.

If a formation or liquidation is not completed more than three months after the initial mandate through no fault of Recht 24/7, Recht 24/7 may charge an additional flat-rate service fee or adjust the fee to the fees currently applicable at that time.

For assignments outside the packages, processing within 24 hours cannot be guaranteed. This is based on the time and effort involved.

2.3 Secure Shop

If the Secure-Shop product is terminated, the right to use the legal texts created by Recht 24/7 shall no longer exist. Further use is not permitted. You can purchase the legal texts for further use for a one-off payment. In this case, the content will no longer be updated and Recht 24/7 will no longer be liable as a law firm for the legal texts. The legal texts and the seal may only be used for the domain specified in the registration. Use for pages with illegal content is not permitted.

2.4 GTC contract creation and contract check

In the area of GTC, contract creation and contract check, revisions, queries and adjustments are possible up to 30 days after the contract has been created by Recht 24/7. Later or further revisions can also be commissioned. Revisions in the context of contract negotiations and/or participation in contract negotiations are not included in the scope of services, but can be additionally mandated.

In exceptional cases, we may require further information or documents from you in order to process your case. We will use the e-mail address you have provided for these queries. In the event of necessary queries, the response time in accordance with section 2 begins with the receipt of the further information required on our servers.

Our legal advice is an online initial consultation, which is intended to provide you with initial legal guidance. Due to the limited possibility of determining the facts of the case and the speed of processing, the initial consultation cannot always replace a personal consultation with a lawyer. We therefore strongly recommend that you always seek personal advice from a lawyer before making legally binding decisions and declarations (especially in the case of terminations, payments or refusal to pay).

In the area of initial legal advice, revisions, follow-up questions and adjustments are possible for up to 30 days after the consultation with Recht 24/7. Further reviews and consultations can be additionally mandated.

4. Rejection of cases

Occasionally, very complex cases in particular are not suitable for an initial legal consultation. If a case cannot be handled competently by way of an initial consultation, Recht 24/7 reserves the right to refuse to accept the case. In this case, you will of course not incur any costs. You will be notified of the rejection within the response times set out in section 2. In all other respects, the agreed flat-rate fees shall apply. If, in individual cases, more work is required due to multiple and/or detailed written submissions from the other party, Recht 24/7 may offer an additional fee for further processing of the mandate.

5. Tax law, social security law, social law, insolvency law, pension law, foreign legal systems

Unless expressly agreed otherwise, Recht 24/7 does not owe the client any advice with regard to tax law issues or consequences, as well as social security law, social law, insolvency law, pension law and attorney liability law issues. Tax law advice is also not owed by Recht 24-7 by the fact that Recht 24-7 points out tax law problems to be clarified or existing tax law problems.

Recht 24-7 does not owe any advice with regard to foreign national legal systems. However, Recht 24-7 is obliged, if questions arise in connection with the processing of a mandate with regard to foreign national legal systems, to point this out and to recommend to the client to consult a lawyer experienced in this foreign legal system.

6. Remuneration

The remuneration owed to Recht 24-7 is based on the provisions of the German Lawyers’ Fees Act (RVG), unless a separate remuneration agreement deviating from this is concluded between the parties. This is usually done in the online ordering process.

7. Majority of clients

Several clients are jointly and severally liable for all claims of Recht 24-7 arising from and in connection with this agreement.

Recht 24-7 may rely on the information and instructions of each of several clients alone, unless a client objects to Recht 24-7 in writing, in which case the mandate may be terminated by Recht 24-7.

8. Professional liability insurance

Recht 24-7 has taken out professional liability insurance with HDI Versicherungs-Aktiengesellschaft to cover the liability risks arising from its professional activities for financial losses (liability claims).

The insurer’s benefits for all losses caused within an insurance year and the number of insured events per insurance year in which an insured amount of EUR 1 million can be claimed are limited.

In geographical terms, insurance cover is provided for advice on and work with European law, insofar as this is carried out by law firms or offices established or maintained in the Federal Republic of Germany. Limitations apply to liability claims arising from activities via law firms or offices established or maintained outside the Federal Republic of Germany, from activities in connection with advice on and employment with non-European law and activities before non-European courts.

9 Choice of law, place of jurisdiction

This agreement is subject to the law of the Federal Republic of Germany. For clients who are merchants, the following applies: the exclusive place of jurisdiction for both parties is Munich.

10. Professional law, conflicts of interest, out-of-court dispute resolution

The following professional regulations apply: Federal Lawyers’ Act (BRAO), Professional Code of Conduct (BORA), Specialist Lawyers’ Act (FAO), Lawyers’ Remuneration Act (RVG).

The professional regulations can be accessed in German and English on the homepage of the German Federal Bar Association (www.brak.de) under the heading “Berufsrecht”.

Lawyers are prohibited from representing conflicting interests due to professional regulations (Section 43a (4) BRAO). Before accepting a mandate, we therefore check whether there is a conflict of interest.

For disputes between clients and Recht 24-7, there is the possibility of out-of-court dispute resolution upon request at the

Bar Association for the Higher Regional Court District of Munich

Tal 33, 80331 Munich, Germany

E-mail: info@rak-muenchen.de

Internet: https://rak-muenchen.de/

In such proceedings, the lawyer concerned must appear at the request of the board of the bar association.

Irrespective of the above, the following is available for the arbitration of disputes between members of bar associations and their clients at the Federal Bar Association

Arbitration Board of the Bar

Rauchstr. 26, 10787 Berlin, Germany

E-mail: schlichtungsstelle@s-d-r.org

Internet: http://www.s-d-r.org/

has been set up. This arbitration board is a consumer arbitration board in accordance with the Consumer Dispute Resolution Act. Recht 24-7 is not obliged and not willing to participate in a dispute resolution procedure before this arbitration board or any other consumer arbitration board within the meaning of the Consumer Dispute Resolution Act.