Terms and Conditions of Business
- Scope
These terms and conditions of business apply to all contracts for the provision of services by Legal Consultant Dr. Meinhardt (hereinafter the 'Rechtsanwalt'), including such managerial work and litigation, which may be necessary.
The standard business terms and conditions of the client only apply where this has been expressly agreed in writing. - Contractual Services
The subject of the contract are the legal services as agreed. A given legal or financial outcome is not guaranteed.
The Rechtsanwalt observes the German Federal Laws for Rechtsanwälte and the professional code of conduct for Legal Consultants as well as all other relevant legal regulations when acting for all clients. He is permitted to assume that all factual statements of the client are correct. - Confidentiality, Correspondence and Data Protection
The Rechtsanwalt and his employees are obliged to treat as strictly confidential all client information as well as business and trade secrets made known to him in connection with his appointment.
He is authorised to transmit information to the client at the E-mail address previously communicated by the client to him without taking security measures (encryption), unless circumstances make it obvious that there is an immediate threat to the interests of the client or if the client objects or revokes his consent to that procedure or otherwise provides notification of a change in his communication data.
The Rechtsanwalt is authorised to receive, save and process for the purposes of the appointment the personal data of the client submitted to him within the limits of the data protection regulations. - Responsibility and Liability Limitation to EUR 1 m
So long as not otherwise agreed upon in individual cases, the Rechtsanwalt is liable for damage deliberately or negligently caused to a client entitled to a legitimate claim.
However, in any individual case, the amount of liability in the event of simple negligence is limited to EUR 1 million (in letters: one million Euros), in which amount the Rechtsanwalt maintains professional liability insurance.
Should the client see a higher professional liability insurance to be desirable, a supplementary policy can be contracted on request and at his expense. - Client's Obligation to Cooperate
The client is to support the Rechtsanwalt in the fulfilment of his appointment and will provide him with all information necessary for the performance of his duties. He shall promptly notify all changes of address (including telephone, fax and E-mail) in writing. - Terms of Payment, Off-Set
All fees for professional services are due upon the issue of an invoice and are immediately payable without deduction.
The client is only authorised to off-set such counter-claims, which are undisputed or have been confirmed by final court judgement. - Notice of Termination
So far as not otherwise agreed, the client may terminate the contractual relationship at any time.
The Rechtsanwalt is also entitled to terminate the agreement, but may not do so at an inappropriate moment unless the mutual trust necessary for the further provision of services has been permanently undermined. - Assignment for Security of Client Claims; Off-Set with Fees Due
The client assigns by way of security all claims for reimbursement resulting from the appointment to the Rechtsanwalt in the amount of the legal fees due. The Rechtsanwalt will not collect these claims so long as the client duly complies with his payment obligations.
The Rechtsanwalt is authorised to deduct his unpaid fees – including those for services rendered but not yet invoiced – from refunds and other monies received by him on behalf of the client. - Governing Law, Place of Performance and Competent Court
The appointment shall be governed by German law. The place of performance and legal venue shall be Frankfurt am Main insofar as the parties can validly agree thereto. - Language
In case of any discrepancies between the English and German versions of the terms and conditions of business, the German version will prevail.
Frankfurt am Main, April 2007