General Terms and Conditions / Mandate Agreement
1st contract 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 GTC apply to every mandate (hereinafter also: mandate agreement), 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 Friday from 1.00 pm) and public holidays until the next working day at 4.00 pm.
For particularly urgent orders, we offer an express service for an additional charge: if we receive your order by 4 p.m., you will receive a response by 9 a.m. the next working day at the latest.
The client is obliged to ensure that he can be reached via the e-mail address provided by him. 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 is not owed unless this is part of an advisory 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 with the databases we use for trademark applications to determine whether a trademark application already exists for an identical or similar trademark . Due to the complexity of a trademark and the character sequence, 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 registered after a longer period of time and the trademark will no longer be up-to-date. In this respect, we assume that a trademark search is valid for three months. After the trademark search has expired, you have the option of either registering the trademark with the old trademark search or commissioning a new trademark search, which we recommend.
For trademark searches, up to two searches are included in the scope of the application. Each additional search is then offered on the basis of the applicable list price and invoiced after commissioning by the client.
As part of the trademark application, we will submit the trademark you have finally approved for registration.
If a trademark application is not completed more than three months after the first 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.
The examination of protectability and the assessment of the search results by our law firm are carried out exclusively in accordance with applicable German law and harmonized European Union trademark law. Our analyses and recommendations are based on the legal framework and requirements of the German Patent and Trademark Office (DPMA) and the European Union Intellectual Property Office (EUIPO). We assume no liability for the compatibility of the protectability examination and trademark search with the legal provisions of other jurisdictions. If the trademark offices in the designated countries object to the trademark application or if objections are raised due to possible infringements of third-party rights, a local lawyer must be consulted.
2.2 company formation and liquidation
The scope of services includes making an appointment. Postponements, changes of notary as well as confirmation and cancellation of appointments must be made by the founder / liquidator himself.
The start-up lump sum only applies to a cash start-up. Incorporation in kind is not included in the incorporation package. Furthermore, the formation package does not include the creation of individual shareholdings or options, such as vesting. However, these can be created for an additional agreed fee.
An additional fee is charged for the processing and examination of third-party documents, the amount of which depends on the scope of the documents.
If a company 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 service fee or adjust the fee to the fees currently applicable at that time.
For orders outside the packages, processing within 24 hours cannot be guaranteed. This is based on the work involved.
2.3 Secure Shop
If the Secure-Shop product is terminated, the legal texts created by Recht 24/7 may no longer be used. 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 review
In the area of GTC, contract creation and contract review , revisions, queries and adjustments are possible up to 14 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.
3. queries / initial consultation
In exceptional cases, we may need 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 case 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 initial online 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 14 days and up to three follow-up questions after the consultation by 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 flat-rate fees agreed shall apply. If, in individual cases, a higher processing effort is required due to multiple and/or detailed written submissions by 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
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, unless expressly agreed otherwise. Tax law advice is also not owed by Recht 24-7 -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 that the client 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 usually takes place in the online ordering process.
7. majority of clients
Several clients shall be jointly and severally liable for all claims of Recht 24-7 arising from and in connection with this agreement.
Recht 24-7 may rely solely on the information and instructions of each of several clients, 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.
Insurance cover is provided for advice on and involvement with European law, insofar as this is provided 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 advising on and dealing 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' Fees Act (RVG).
The professional regulations can be accessed in German and English on the homepage of the Federal Chamber of Lawyers (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 this, the Federal Chamber of Lawyers has set up the following arbitration body to settle disputes between members of bar associations and their clients
Arbitration board of the legal profession
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.