These standard terms of appointment apply to all contracts for the provision of services by the Siemsen Rechtsanwaltsgesellschaft mbH (hereinafter the 'law-firm'), including such managerial work and litigation, which may be necessary. These terms of appointment shall also govern any future individual contract with the client. The standard business terms of the client only apply where this has been agreed in writing.
The subject of the contract are the legal services as agreed. A given legal or financial outcome is not guaranteed. The processing of the contract shall be carried out according to German law exclusively. Any application of the laws other countries must be agreed upon in writing. The law-firm is permitted to assume that all factual statements of the client are correct.
The law-firm and his employees are obliged to treat as strictly confidential all client information as well as business and trade secrets made known to them in connection with the appointment.
The law-firm is authorized to transmit information to the client at the E-mail address previously communicated by the client without taking security measures (encryption), unless in the circumstances a risk to the interests of the client is immediately apparent, or the client raises an objection, withdraws his consent to the procedure or otherwise announces a change to the communication data.
The law-firm is authorized to receive, save and process for the purposes of the appointment the personal data of the client submitted to it within the limits of the data protection regulations.
The remuneration of the law-firm is governed by the German Law on Remuneration of Lawyers (Rechtsanwaltsvergütungsgesetz), with the exception of the case that the parties have concluded a remuneration agreement. The calculation of the charges of the law firm according to the German Law on Remuneration of Lawyers (Rechtsanwalts-vergütungsgesetz) depends on the value of the subject matter at hand.
The client assigns to the law-firm by way of security all claims for reimbursement resulting from the appointment of the law-firm in the amount of the legal fees due. The client authorizes the law-firm to make this assignment public to the payer. The law-firm will not collect these claims as long as the client duly complies with his payment obligations, in particular, as long as he does not refuse to pay legal fees due, is not late in paying these, or has not filed for bankruptcy.
The law-firm is authorized to deduct the client´s unpaid fees - including those for services rendered and not yet invoiced upon issue of an invoice - from refunds and other monies received by the law-firm on behalf of the client in as much as such an off-set agreement is legally permissible.
All fees for professional services are due upon the issue of an invoice and are immediately payable without deduction. This is also valid for advance payment invoices.
The client is only authorized to withhold or reduce by way of offset any sum payable to the law-firm by reason of claims against the law-firm, which are undisputed or have been confirmed by final court judgment.
The client is to support the law-firm in the fulfillment of its appointment and will provide it with all information necessary for the performance of its duties. He shall verify that the content of the documents and e-mails of the law firm are correct and fully rendered as well as informing the law- firm of any discrepancies. He shall promptly notify the law firm of any changes of address (including telephone, fax and e-mail) in writing.
The contractual liability of the law-firm is governed by German civil law except the parties have concluded a liability agreement.
The client may terminate the contractual relationship at any time. The law-firm 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.
The appointment shall be governed by German law. The place of performance and legal venue shall be Hamburg insofar as the parties can validly agree thereto.
In case of any discrepancies between the English version and the German version of the Standard Terms of Appointment, the German version will prevail.
Hamburg, January 1, 2010
Mo.-Fr.von 9:00-13:00 und 14:00-17:00
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