Standard Terms and Conditions for Legal Services of Liesegang & Partner mbB, Rechtsanwälte
§ 1 Scope of Standard Terms and Conditions for Legal Services
1. The following standard terms and conditions for legal services shall apply to all agreements the subject of which is the provision of advice and information by the Lawyers of Liesegang und Partner mbB, Rechtsanwälte, Kettenhofweg 1, 60325 Frankfurt am Main (hereinafter: „the Lawyers“), to the Client, including agency business and litigation.
2. The Lawyers are offering their services to entrepreneurs exclusively, unless an offer is explicitly addressed to consumers.
3. These standard terms and conditions for legal services shall also apply to all future legal relationships between the Lawyers and the Client. Any terms and conditions of the Client shall apply only upon express prior written agreement.
4. The standard terms shall also apply to the agreement concluded between the lawyers and the users of the Website www.liesegang-partner.de/ .com (hereinafter mentioned as "Clients") contracts.
§ 2 Client-Lawyer Relationship, Subject Matter of the Assignment
1. The client-lawyer relationship shall come into existence upon confirmation of the accepted assignment being provided by the Lawyers. Discharge of the assignment by the Lawyers shall in this respect be treated as equivalent to an express confirmation of the assignment. The Lawyers shall inform a Client within 2 days, whether they accept an order through the website www.liesegang-partner.de/ .com.
2. The scope of the client-lawyer relationship shall be limited by the Client’s specific assignment. If the contract is concluded on the website www.liesegang-partner.de/ .com, the scope of the contract is defined by the specific product description on the website. Any collateral agreements shall require written form to become effective.
3. The Lawyers shall be obligated to apply for judicial remedy or lodge appeals only upon receipt and acceptance of a written assignment to this end.
4. The Lawyers shall guarantee compliance with the Rules and Regulations for the German Bar (Bundesrechtsanwaltsordnung (BRAO)) as well as with the Professional Code of Conduct for Lawyers (Berufsordnung (BORA)) and any other relevant legal provisions.
§ 3 Client’s Duty to Cooperate, Examination of contract drafts
1. The Client shall inform the Lawyers completely and in detail on any facts and circumstances known to him/her the knowledge of which is indispensable to the Lawyers for handling the matter.
2. Specimen which were offered on the website www.liesegang-partner.de/ .com for download were created with great care. However, it is merely a suggestion for practice, which a user has to adapt according to his ideas and wishes and to the demands of his particular case. The final legal review and judgement of the use in content for the proposed particular case has to be done by the Client himself, in particular in regard to the change of law and the changes and additions made by the Client.
§ 4 Limitation of Liability
1. Liability in the Partnerschaftsgesellschaft mit beschränkter Berufshaftung (Professional Partnership with limited Professional Liability): In accordance with section 8 sub-section 4 Partnerschafts-gesellschaftsgesetz (German Act on Professional Partnerships), only the assets of the professional partnership are liable vis-à-vis the creditors for liabilities of the professional partnership resulting from damage/loss due to incorrect exercise of the profession, if the professional partnership maintains professional liability insurance required by law for this purpose. Liesegang und Partner mbB maintains such professional liability insurance with HDI Versicherung AG. With an insured sum of EUR 2.5 million covering specific cases and EUR 10 million per annum, this complies with the requirements of section 51a BRAO (Bundesrechtsanwaltsordnung - German Federal Code of the Legal Profession).
2. If it is intended, from the point of view of the Client, to cover liability exceeding the amount stated above, it is possible to take out supplementary insurance for each specific case, which will be concluded upon the request and at the expense of the Client.
3. A claim for damages can be raised only within a cut-off period of one year after the person entitled to assert the claim has obtained knowledge of the damage/loss, at the latest however within 5 years after the event justifying the claim. The claim expires if no action is brought within a period of six months since the written rejection of the indemnification and the Client has been informed of this consequence. The right to plead the statute of limitations remains unaffected.
§ 5 Fees, Offsetting
1. The compensation to be paid to the Lawyers is based on the German Lawyers’ Compensation Act (Rechtsanwaltsvergütungsgesetz - RVG), unless a differing written agreement (consultancy contract, compensation agreement) is in a given case entered into. Hourly rates will be charged per 5-minute periods.
2. In case settlement is in accordance with the RVG, the basis of accounting shall generally be the value of the matter in dispute.
3. The Lawyers shall be authorised to ask for reasonable advance payments.
4. All professional charges shall be due upon invoicing, payable immediately free of deductions. Money orders as well as checks and notes shall be accepted only with all collection and discount costs charged and will be deemed performance of the payment claim only if the amount is turned into cash available to the Lawyers without any restriction.
5. In the case of first instance labour court litigation, the Client shall even in the event of success not be entitled to reimbursement of the Lawyers’ fees or to damages for delay caused by the opposing party (cf. section 12a sub-section 1 sentence 1 ArbGG).
6. The Client shall be permitted to offset any counterclaims with claims by the Lawyers (fees and expenses) only in the case of undisputed claims or claims recognised by declaratory judgment.
§ 6 Assignment for Security, Offsetting with Unpaid Claims
1. The Client shall assign all claims to payment of his/her cost of the proceedings arising from the client-lawyer relationship to the Lawyers for security purposes, authorising them to inform the party liable for payment of such assignment on behalf of the Client. The Lawyers will not collect the claim to payment as long as the Client meets his/her payment obligations.
2. The Lawyers may offset any incoming reimbursement and other payment amounts due to the Client with any unpaid fees or services yet to be invoiced in so far as this is permitted by law.
§ 7 Professional Confidentiality, Data Protection, Communication via email/ Fax
1. The Lawyers shall for an indefinite period of time be obligated not to disclose any information or business secrets of the Client coming to their knowledge in connection with the client-lawyer relationship. Any dissemination to third parties not involved in the performance of the assignment shall only be permitted with the Client’s consent.
2. The Lawyers shall be authorised to collect, record and process the Client’s personal data within the scope of the purpose of the assignment, taking account of data protection regulations.
3. Insofar as the Client provides a telefax number and/or an email address to the lawyers, s/he thereby grants his/her consent - until revoked or express instructions to the contrary are given - to the dispatch of case-related information to him/her via this telefax and/or email address. The Client warrants that only s/he or persons instructed by him/her have access to the telefax machine and/or the email account and that s/he will check incoming telefax messages and/or emails at regular intervals. The Client is obliged to inform the lawyers in the event of any restrictions, for instance when the telefax machine and/or the email account are checked for incoming mail at irregular intervals only or when the receipt of mailings is desired with advance notice only. The Client is aware of the fact that only limited confidentiality can be ensured in the case of unencrypted emails. Insofar as the Client fulfils the technical prerequisites for the use of signature processes and encryption procedures and desires their utilisation, s/he will inform the lawyers accordingly.
§ 8 Miscellaneous
1. The Client shall be allowed to assign any rights from the client-lawyer relationship only with the Lawyers’ prior written consent.
2. All contractual relationships between the parties shall be governed exclusively by the law of the Federal Republic of Germany.
3. The legal venue shall be Frankfurt am Main, provided that the Client is a merchant, a legal person under public law or separate funds under public law. The Lawyers shall in this respect be authorised to sue the Client even at the latter’s general place of jurisdiction.