GTC
General Terms and Conditions (GTC) of the Law Firm Christoph Nattermann
§ 1 Scope of Application
(1) These General Terms and Conditions (GTC) apply to all legal advisory and representation services provided by the Law Firm Christoph Nattermann, hereinafter referred to as the "Law Firm," to the client.
(2) Deviating agreements or individual arrangements require the written consent of the Law Firm.
(3) The client’s general terms and conditions shall not apply unless the Law Firm expressly agrees to their validity in writing (§ 305 para. 2 BGB).
§ 2 Establishment of the Mandate Relationship
(1) A mandate relationship between the Law Firm and the client is only established once the Law Firm has accepted the mandate (§ 675 BGB).
(2) Acceptance is usually given by written confirmation but may, in urgent cases, also be made orally or by conclusive conduct (§ 151 BGB).
(3) The Law Firm reserves the right to decline a mandate without providing reasons (freedom of professional practice pursuant to Art. 12 GG).
§ 3 Scope of Services
(1) The scope of services to be provided by the Law Firm arises from the mandate agreement or the written assignment by the client (individual agreement pursuant to § 305b BGB).
(2) The Law Firm provides its services in accordance with the principles of professional due diligence, but it does not guarantee a specific outcome (§ 675 para. 1 BGB).
(3) Amendments or extensions to the scope of services require the explicit consent of the Law Firm (individual agreement pursuant to § 305b BGB).
§ 4 Fees and Installment Payment
(1) The remuneration of the Law Firm is governed by the German Lawyers’ Remuneration Act (RVG), unless a deviating written fee agreement has been made (§ 49b para. 1 BRAO in conjunction with the RVG).
(2) The Law Firm is entitled to request appropriate advance payments for services rendered (§ 9 RVG).
(3) Travel expenses, disbursements, and fees for third-party services, such as court costs, shall be borne by the client unless otherwise agreed in writing (§ 670 BGB).
(4) The Law Firm may, in individual cases, offer the option of installment payments. However, there is no entitlement to installment payment. The decision rests at the discretion of the Law Firm and requires a separate written agreement.
(5) If an installment payment agreement is concluded, the provisions and payment modalities specified therein apply. In particular, the rules on due dates, default, and default interest contained in the installment payment agreement shall apply (individual agreement pursuant to § 305b BGB).
§ 5 Due Date of Fees and Payment Terms
(1) Fees become due upon invoicing (§ 10 RVG in conjunction with § 614 BGB).
(2) The invoice amount is payable without deduction within 14 days of receipt of the invoice (individual agreement pursuant to § 305b BGB).
(3) In the event of payment default, the Law Firm is entitled to charge default interest at 5 percentage points above the applicable base interest rate pursuant to § 288 para. 1 BGB. Further claims for damages remain unaffected.
(4) In the event of payment default, the Law Firm reserves the right to terminate the mandate after written notice and in accordance with § 4 para. 1 RVG (§ 628 para. 1 BGB).
§ 6 Client’s Duties of Cooperation
(1) The client is obliged to provide the Law Firm with all relevant facts fully and truthfully (duty of care pursuant to § 241 para. 2 BGB).
(2) The client must provide the Law Firm with all documents required for the provision of legal services in full and in a timely manner (duty of care pursuant to § 241 para. 2 BGB).
(3) If the client fails to meet these duties of cooperation, the Law Firm is entitled to terminate the mandate (§ 627 para. 2 BGB).
§ 7 Liability
(1) The liability of the Law Firm for minor negligent breaches of duty is limited to the minimum insurance sum of the professional liability insurance of EUR 250,000 pursuant to § 51a of the German Federal Lawyers’ Act (BRAO).
(2) This limitation of liability does not apply to damages arising from injury to life, body, or health, or for claims under the German Product Liability Act (§ 309 no. 7 BGB).
(3) Liability for damages caused by force majeure or unforeseeable events is excluded.
§ 8 Confidentiality and Data Protection
(1) The Law Firm is obliged to maintain confidentiality regarding all information obtained in the course of the mandate (§ 43a para. 2 BRAO, § 2 BORA).
(2) The client consents to the Law Firm collecting, storing, and processing personal data insofar as this is necessary for the handling of the mandate. Processing is carried out in compliance with the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).
(3) The client has the right to request information at any time regarding the personal data stored about them and may request its deletion or correction (Art. 15, 16, 17 GDPR).
§ 9 Termination of the Mandate Relationship
(1) The client may terminate the mandate relationship at any time. However, services rendered up to the time of termination must be remunerated (§ 627 BGB).
(2) The Law Firm may only terminate the mandate for good cause. Good cause includes, in particular, the client’s payment default or a serious breakdown of trust (§ 628 para. 1 BGB).
(3) Upon termination of the mandate, the claim for payment of fees already incurred remains unaffected (§ 628 para. 2 BGB).
§ 10 Final Provisions
(1) Amendments and supplements to these GTC require written form (written form clause pursuant to § 305b BGB).
(2) Should individual provisions of these GTC be invalid or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid one that comes closest to the economic intent of the invalid provision (severability clause pursuant to § 306 BGB).
(3) The place of jurisdiction for all disputes arising from the mandate relationship is, to the extent permitted by law, the registered office of the Law Firm (jurisdiction agreement pursuant to § 29 ZPO).