General Terms and Conditions of Business and Mandate

For all - including future - contracts between the client(s) (hereinafter referred to as the "Client") and Migrando Rechtsanwälte, owner Fabian Graske (hereinafter referred to as the "Law Firm", together with the Client the "Parties"), the subject of which is representation in legal matters or legal advice, the Parties agree to the following General Terms and Conditions of Business and Mandate.

A. Mandate agreement
  1. Inquiries to the law firm (by letter, fax, email, telephone call, conversation, via social media such as Facebook or messenger services such as WhatsApp, Instagram etc.) are non-binding for both parties. A mandate agreement is only concluded when the client instructs the law firm to represent his legal interests and the law firm declares that it will accept the mandate.
  2. A mandate agreement is concluded exclusively between the law firm and the client.
B. General terms and conditions of the client

The present version of the General Terms and Conditions of Business and Mandate shall apply exclusively. Any additional terms and conditions of the client shall not apply.

C. Scope of order and notes on execution
  1. The law firm bases its work on the information and documents provided by the client as being correct, complete and proper. The assessment of the accuracy, completeness and correctness of the information, records and documents is not the subject of the engagement.
  2. Furthermore, the object of the order is only the agreed service, not a specific result.
  3. The law firm only lodges appeals and legal remedies after acceptance of an order directed to this effect and accepted by the law firm.
  4. The mandate is given to the law firm. Freelancers or other carefully selected expert third parties may also be called upon to handle the matter. The lawyer instructed in each case is entitled to grant sub-authorization to professionals.
  5. The processing of the mandate is based exclusively on German law.
D. Communication
  1. The client agrees to communication via fax, e-mail, social media (such as Facebook or similar) or messenger services (such as WhatsApp, Skype, etc.). This also applies to communication between the law firm and third parties in connection with the handling of the mandate. The client shall retrieve messages at least once a day and ensure that unauthorized third parties do not have access to the messages. Unfortunately, the law firm cannot accept any liability for delays or non-transmission of messages due to technical reasons, irrespective of the means of transmission. If the client does not wish to use a certain communication channel (e.g. WhatsApp), he must inform the law firm of this in writing.
  2. If the law firm provides an internal user area for the client, which is also used to provide documents and other information on the current mandate, the client shall check this user area regularly and update stored data in the event of changes.
  3. The client shall inform the law firm immediately of any change in his own address and communication data. The same applies to periods of absence during which the client cannot be reached. The address and communication data provided by the client shall be deemed to be correct until the law firm is notified of any change.
E. Settlement
  1. The remuneration to be paid is based on the value of the matter in accordance with the statutory provisions of the German Lawyers' Fees Act (RVG), unless expressly agreed otherwise, at least in text form. 
  2. If legal aid is granted, this covers all costs incurred by the law firm in connection with the legal matter for which legal aid was granted. The law firm may not charge any further costs. If the approval of legal aid is subsequently revoked or if the requirements no longer apply for other reasons, the law firm commissioned is entitled to remuneration in accordance with the statutory provisions of the German Lawyers' Fees Act (RVG) based on the value of the matter, unless expressly agreed otherwise in writing.
  3. Claims for reimbursement of costs and other claims of the client against the opponent, the court cashier or other third parties liable for reimbursement are assigned to the law firm in the amount of the cost claims, with the authorization to notify the debtor of the assignment. The law firm accepts the assignment. 
  4. Payments made to the law firm by third parties (opponent, legal expenses insurance, others) shall be kept by the law firm as third-party funds for the client until the mandate is concluded, unless the law firm offsets them against outstanding claims for remuneration, expenses and interest from the same or another legal matter of the client. 
  5. Several clients in a case are jointly and severally liable for the law firm's costs.
F. Obligations of the client
  1. The law firm can only process the client's order properly if the client cooperates accordingly. The client shall therefore provide the law firm with all documents necessary for the execution of the mandate without being asked to do so and in good time so that the law firm has a reasonable processing time available. The same applies to information about all processes and circumstances that may be of significance for the execution of the mandate.
  2. During the term of the mandate, the client will only communicate with courts, (legal expenses) insurance companies, authorities and the opposing party and their legal advisors after prior consultation with the law firm.
  3. The client must inform the law firm at least 24 hours in advance if appointments are canceled.
G. Confidentiality and data protection
  1. The lawyers working for the law firm and the other employees are subject to confidentiality within the framework of the statutory provisions.
  2. The client releases the law firm from the duty of confidentiality vis-à-vis the following service providers if and to the extent that this is useful for the proper and efficient processing and handling of the mandate in legal and administrative terms: (legal protection) insurance companies; lawyers involved in the mandate (e.g. sub-authorized professionals), tax consultants, auditors, experts and other consultants; external IT service providers and certification bodies; the law firm's professional liability insurance as well as the tax authorities and other government agencies.
  3. The client agrees that the law firm may electronically store, use and process personal data necessary for the proper and efficient processing and handling of the mandate in legal and administrative terms.
  4. The client agrees that the law firm may forward personal data necessary for the proper and efficient processing and handling of the mandate in terms of legal content and administration to Migrando UG (haftungsbeschränkt), which stores, uses and processes the data electronically. 
  5. The client has taken note of the firm's data protection conditions and agrees to them.
  6. The client may object to the processing and use of his personal data for information purposes at any time.
H. Cancellation policy (only for consumers)
  1. If the client instructs the law firm as a consumer to provide advice and/or representation in legal matters using exclusively means of distance communication (e.g. telephone, email, fax, website, post, social media, messenger services), the client has a statutory right of withdrawal. According to Section 13 BGB, a consumer is only a natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to commercial nor to independent professional activity. A consumer has the right to revoke the mandate contract within fourteen days without giving reasons. The withdrawal period is fourteen days from the date of conclusion of the contract. In order to exercise the right of revocation, the client must inform the respective law firm: Migrando Rechtsanwälte, Rechtsanwalt Fabian Graske, Rudolf-Breitscheid-Straße 1, 03046 Cottbus, Fax:+49 (0) 3573 / 7056259, E-Mail: info@graske.net by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of the decision to revoke the mandate contract. The client may use the attached model withdrawal form for this purpose, although this is not mandatory. In order to comply with the withdrawal period, it is sufficient for the client to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
  2. If the client effectively revokes the mandate agreement, the law firm shall reimburse the client for all payments received by the law firm from the client, including delivery costs (with the exception of additional costs resulting from the fact that the client has chosen a type of delivery other than the cheapest standard delivery offered by the law firm), immediately and at the latest within fourteen days from the day on which the law firm receives notification of the revocation of the mandate agreement. For this repayment, the law firm will use the same means of payment that the client used for the original transaction, unless expressly agreed otherwise with the client; in no case will the client be charged any fees for this repayment.
  3. If the client has requested that the services should commence during the withdrawal period, he shall pay the law firm a reasonable amount in the event of withdrawal, which corresponds to the proportion of the services already provided up to the time at which the client informs the law firm of the exercise of the right of withdrawal with regard to the mandate contract compared to the total scope of the services provided for in the contract.
  4. The right of withdrawal expires prematurely if the law firm has provided the service owed in full and has only begun to provide the service after the client has given his express consent to provide the service during the withdrawal period and at the same time has confirmed that he is aware that he will lose the right of withdrawal upon complete fulfillment of the contract by the law firm.
    Sample withdrawal form:

    If you wish to revoke the mandate agreement, you can use the following form. You can copy this and paste it into an e-mail or other document and send it to the law firm you have instructed. Please complete this form:

    To: Migrando Rechtsanwälte, Rechtsanwalt Fabian Graske, Rudolf-Breitscheid-Straße 1, 03046 Cottbus, Fax: +49 (0) 3573 / 7056259 or e-mail: info@graske.net

    I/we (*) hereby revoke the mandate agreement concluded by me/us (*):
    - Name of the consumer(s): __________________
    - Address of the consumer(s): __________________
    - Signature of the consumer(s) (only for notification on paper)- Date___________(*) Delete as appropriate.

I. Choice of law, place of jurisdiction

The client-lawyer relationship shall be governed exclusively by German law. Pursuant to Section 38 (1) and (2) of the German Code of Civil Procedure (ZPO), Cottbus shall be the place of jurisdiction for all disputes arising from the client-lawyer relationship and from all legal grounds in connection with the client-lawyer relationship; however, this shall only apply if the client is a merchant, a legal entity under public law or a special fund under public law or has no general place of jurisdiction in Germany.

J. Disclaimer for content and translations

The content of our website has been compiled with the greatest care and to the best of our knowledge. However, we assume no liability for the topicality, completeness and correctness of the information provided. All information on this website is written exclusively in German.

For automated translations of this website into other languages, we would like to point out that these translations are generated exclusively by machine. Consequently, inaccuracies in terms of language or content cannot be ruled out. We accept no liability for errors in the translations or for misunderstandings that may arise as a result of such translations. Users who rely on information from the automated translations do so at their own risk.

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