General Terms and Conditions / Mandate Agreement

1. Contracting party

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

2. Scope of Services / Obligation to Cooperate

The scope of services of the legal advice results from the service descriptions presented on the website and, if applicable, made available for download. Please note that our processing times may be extended on weekends (orders received on Fridays from 4.00 p.m. onwards) and public holidays until 1.00 p.m. on the next working day.

The client has the obligation to ensure availability via the e-mail address provided by him. If an e-mail cannot be delivered or is delayed due to an incorrect e-mail address, the responsibility for this lies with the client.

2.1 Trademark Search and Registration

As part of the identity and similarity search, we conduct 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 trademarks cannot be determined.

In this respect, please also note that an opposition under trademark law, a warning by a third party, injunctions and preliminary injunctions can already be filed 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 avoid this. However, after proper examination, we advise to file an application with reference to the aforementioned always remaining risks of a trademark application.

In the case of trademark searches, if a longer period of time elapses, there is a risk that new trademarks will be applied for and that the trademark will no longer be up to date. In this respect, we assume that a trademark search is valid for six months. After the expiration of this trademark search you have either the possibility to apply for the trademark with the old trademark search or to order a new trademark search, which we advise.

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

Within the scope of the trademark application, we will file the trademark finally approved by you.

The money back guarantee is excluded for liability and cost reasons after the trademark search has been carried out (for trademark applications).

2.2 Foundation

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

Cancellation is no longer possible once the notary appointment for the notarization of the company has been agreed.

3. Queries / initial consultation

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

Our legal advice represents an online initial consultation, which is intended to provide you with an initial legal orientation. The initial consultation cannot always replace a personal legal consultation due to the limited possibility to determine the facts of the case and the speed of processing. In this respect, we strongly recommend that you always obtain personal advice from a lawyer before making legally binding decisions and declarations (especially in the case of notices of termination, payments or refusal to pay).

For mandates outside the Recht 24/7 products, especially individual attorney mandates and legal proceedings, there is no money back guarantee.

4. Rejection of cases

Occasionally, especially very complex cases are not suitable for an initial legal consultation. If a case cannot be handled competently by way of initial consultation, Recht 24-7 reserves the right to refuse to accept the case. In this case, of course, you will not incur any costs. You will receive notice of the rejection within the response times outlined in Section 2.

5. Tax law – foreign national law

Recht 24-7 does not owe the client any advice with regard to tax law issues or consequences, unless expressly agreed otherwise. Tax advice is also not owed by Recht 24-7 by the fact that Recht 24-7 points out tax problems to be clarified or existing tax 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 the client to consult a lawyer experienced in this foreign legal system.

6. Remuneration

The remuneration owed by Law 24-7 is based on the provisions of the German Lawyers’ Remuneration Act (RVG), unless a separate remuneration agreement deviating from this is concluded between the parties. This is usually done in the online order 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 multiple 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 a professional liability insurance policy with HDI Versicherungs-Aktiengesellschaft to cover the liability risks for financial losses (liability claims) arising from its professional activities.

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

In terms of space, insurance coverage exists for consulting in and dealing with European law, insofar as this is carried out through law firms or offices established or maintained in the Federal Republic of Germany. Liability claims arising from activities through 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 are subject to limitations.

9. Choice of Law, Place of Jurisdiction

This agreement shall be governed by the laws of the Federal Republic of Germany. For clients who are merchants, the following shall apply: exclusive place of jurisdiction for both parties shall be 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’ Code of Conduct (FAO), Lawyers’ Remuneration Act (RVG).

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

The representation of conflicting interests is prohibited for attorneys under professional law (Section 43a (4) BRAO). Therefore, before accepting a mandate, a check is made as to whether a conflict of interest exists.

In the event of disputes between clients and Recht 24-7, the possibility of out-of-court dispute resolution exists 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 shall appear at the request of the Board of the Bar Association.

Irrespective of this, for the arbitration of disputes between members of bar associations and their clients at the Federal Bar Association, the

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 established. This arbitration board is a consumer arbitration board according to the Consumer Dispute Settlement Act. Recht 24-7 is not obligated and not willing to participate in any dispute resolution proceedings before this arbitration board or any other consumer arbitration board within the meaning of the Consumer Dispute Resolution Act.