GTCs - migrando.de

General terms and conditions for the use of the “Migrando” online platform

between Migrando UG (limited liability)
represented by the managing director Sebastian Stein

Garden street 16a
01968 Senftenberg
Commercial register: HRB 13857 CB

and

you personally or the legal entity you are authorized to represent as the client (hereinafter “User”).

Please read the agreement carefully.

1. general provisions

1.1 The following terms and conditions apply to the use of the online platform and related software operated or provided by Migrando.

1.2 The contractual language is German.

2. service from Migrando

2.1 Migrando is a digital platform for registered members and selected law firms as third party service providers. Migrando enables third party service providers to offer their services directly on the platform and to communicate and exchange information with members through it

2.2 The service provided by Migrando to the User consists of providing the User with digital platforms (in the form of a website on the Internet, an app or in a similar digital format) that enable the transfer of information, data and documents between the User as a client and the Third-Party Provider as a lawyer within the framework of their contract initiation and their contractual relationship, as well as providing the User as a client with an opportunity to view the client file with the lawyer (hereinafter: Migrando’s service).

2.3 Migrando assures the User that the attorneys acting as Third Party Providers and using Migrando’s Software are admitted to practice law.

2.4 Migrando does not itself provide any legal services and does not itself become a party to the contracts concluded between the User and the Attorneys. The user himself chooses a lawyer as a contractual partner and concludes a contract with them independently. Migrando assumes no liability or responsibility for the services provided by the Attorneys to the Users. Migrando also has no influence whatsoever on the work of the lawyer acting as a third party provider and using Migrando’s software.

2.5 The entitlement to the service from Migrando exists within the scope of the current state of the art. Migrando reserves the right to temporarily restrict Migrando’s performance if this is necessary with regard to capacity limits, the security or integrity of the servers, or to carry out technical measures, and if this serves to ensure the proper or improved provision of the Services (maintenance work). Migrando takes into account the legitimate interests of users. For technical reasons in particular, it may be temporarily impossible or only possible to use Migrando’s service to a limited extent (for example, in the event of unforeseen system failures).

2.6 Migrando’s Software shall be provided “as is”. Migrandpo assumes no liability for the performance presented. Without limiting the foregoing or further agreement, Migrando specifically does not warrant that:

(1) the use of the Software meets the needs of the Users and is uninterrupted, secure and error-free; and

(2) the servers of the providers that Migrando uses to host the Website are free of viruses or other harmful components; and

(3) the customer area is available at all times.

2.7 No other representations, warranties or other conditions, including any implied conditions as to satisfactory quality and fitness for particular purposes or conformity with particular descriptions, shall apply to Migrando’s performance unless this Agreement expressly provides otherwise.

2.8 Clause 10 of this Agreement shall remain unaffected by Clauses 2.4 to 2.7.

3. user access to the online platform

3.1 Access to and use of the “Migrando online platform” requires that the user register on the “Migrando online platform”. For this purpose, the user must provide the information requested during registration completely and correctly. With this data, the user gains access to a customer area made available online.

3.2 The User warrants that all information provided to Migrando during the registration process is true and correct. The user undertakes to provide a valid e-mail address as part of the registration process.

3.3 The User undertakes to keep the password and the username confidential. In particular, the user is obliged to protect this information from unauthorized access by third parties. The user assumes sole and full responsibility for the use of the password or its customer area made available online at Migrando, including by third parties. In case of loss of the password, the user is obliged to inform Migrando immediately.

3.4 The User’s rights under this Agreement are not transferable.

3.5 The User undertakes to check his e-mails at the specified e-mail address at regular intervals.

3.6 The user undertakes to keep the details of his profile up to date.

3.7 The User undertakes to notify any changes to the personal data both to Migrando and to the relevant law firm as a third party provider. This refers in particular to first name, last name, address, e-mail address, telephone number.

4. conclusion of the contract between the users and Migrando

4.1 A contract between Migrando and the user with respect to Migrando’s services described in Section 2.2 of this Agreement shall be concluded by agreement between Migrando and the user.

4.2 The possibility of registering on Migrando’s platforms does not constitute an offer by Migrando to users to enter into a contract, but is merely an invitation to the user to make an offer to enter into a contract in accordance with the following provisions.

4.3 The User may register on Migrando’s platform with an account by using an email address and password or through its account on certain third party social networking services (social networking service or “SNS”), such as Facebook or Google (“SNS Account”).

4.4. The User’s registration constitutes a binding offer by the User to Migrando to enter into a contract with respect to Migrando’s service described in Section 2.1 of this Agreement.

4.5 Acceptance by Migrando occurs when Migrando activates the Customer Area for the User.

4.6 The contractual texts for the contracts between the user and Migrando shall not be stored by Migrando after the conclusion of the contract and shall not be retrievable by users on Migrando’s website. However, via the print function of the browser, the authoritative website can be printed out during the conclusion of the contract.

4.7 The conclusion of a contract between Migrando and the User does not create a contract between the User and a third party lawyer. When using the offer of a lawyer as a third party provider, it may be necessary for the user to confirm further terms of use of the lawyer as a third party provider.

5. conclusion of contract and service content between users and lawyers as third party providers

5.1 A contract between Migrando users and lawyers acting as third party providers and using Migrando’s software shall be concluded in accordance with the statutory provisions.

5.2 The content of the service shall be determined by the parties within the framework of the conclusion of the contract.

5.3 When using the offer of a lawyer as a third party provider, the user agrees that Migrando may pass on the information obtained in the registration to the third party provider for the purpose of identifying the person.

5.4 Migrando will not in any way check the service provided by the Attorneys as third party providers, in particular not for correctness of content.

5.5 In all other respects, the contractual relationship between the users of Migrando and the attorneys who act as third-party providers and use the Migrando Software shall be governed by the statutory provisions.

5.6 Clauses 12.1 and 12.2 of this Agreement shall remain unaffected

6. charge

6.1 Migrando’s performance under Section 2 of this Agreement shall be free of charge for the User.

6.2 In connection with the use of the Digital Platforms operated by Migrando, the User may enter into additional paid agreements with Migrando in which Migrando provides a service in return for a fee that goes beyond the service described in Section 2 of this Agreement. Any such agreement shall require an agreement between the user and Migrando that goes beyond Section 4 of this Agreement. In particular, Migrando may offer to indemnify the User, as a litigation funder, against assignment of a percentage of any legal claim the User may have for payment of a sum of money against a third party (Respondent), against all costs (including litigation costs) incurred by a third party lawyer enforcing such claim in or out of court against the Respondent. The details will be regulated in the contract to be concluded.

6.3 Fee claims of the attorney as a third party provider with whom the User has entered into a contract shall be determined according to the contract concluded between these parties or according to the statutory provisions.

Section 6.2 of this Agreement shall remain unaffected.

7. use of the online platform by third parties

The terms and conditions of this Agreement shall apply in any case where the User allows a third party to access Migrando’s platforms or other Migrando services, regardless of whether the User has been authorized to do so by Migrando or its affiliates under this Agreement or otherwise.

Clauses 3.2 to 3.5 of this Agreement shall remain unaffected.

8. duties of the users

Without limiting the foregoing or further agreement, the User shall have, among other things, the following obligations:

8.1 The user is exclusively responsible for the use of the platforms by the user and the compliance with the laws to be observed in this context.

8.2 The User agrees to use Migrando’s Platforms and Migrando’s Software solely for the User’s own internal purposes and not to make Migrando’s Platforms and Migrando’s Software available to others, in particular for the purposes of timesharing, application service providing or as part of a service business.

8.3 The User agrees to comply with all laws and regulations applicable to the use of and access to Migrando’s platforms and Migrando’s Software, as well as all laws and regulations otherwise applicable to Migrando’s Services, both by the Users and by third parties to whom access to Migrando’s Services is granted.

8.4 If the User uses Migrando Platforms in the name of or on behalf of a third party, the User warrants that it is fully authorized to trade in the name of or on behalf of the third party and effectively binds the third party to this Agreement and that, as between the User and such third party, the third party has all rights relevant to this Agreement.

8.5 The User shall ensure that any third party complies with the terms and conditions of this Agreement as if it were a party to the Agreement itself.

8.6 Clauses 3.2 to 3.5 of this Agreement shall remain unaffected by Clauses 8.1 to 8.5 of this Agreement.

9. release from liability by the user

9.1 The respective user shall indemnify Migrando against any and all claims asserted by other users or other third parties against Migrando for infringement of their rights due to the use of Migrando’s platforms by the respective user. In this case, the user shall bear the costs of the necessary legal defense, including all court and attorney’s fees in an appropriate amount. This does not apply if the user is not responsible for the infringement. In the event of a claim by a third party, the user is obligated to provide Migrando promptly, truthfully and completely with all information necessary for the examination of the claim and a defense.

9.2 Any further claims and rights of Migrando shall remain unaffected.

10. limitation of liability

10.1 In accordance with the statutory provisions, Migrando shall be liable without limitation for damages resulting from injury to life, body or health caused by intentional or negligent breach of duty and for other damages caused by intentional or grossly negligent breach of duty and fraudulent intent. In addition, Migrando shall be liable without limitation for damages covered by liability under mandatory statutory provisions, such as the Product Liability Act, and in the event of the assumption of guarantees.

10.2 Migrando shall be liable for any damage not covered by Section 10.1 of this Agreement and caused by simple or ordinary negligence to the extent that such negligence relates to the breach of contractual obligations, the fulfillment of which is a prerequisite for the proper performance of the contract and on the observance of which Customer may regularly rely (so-called cardinal obligations). In this respect, Migrando’s liability shall be limited to the foreseeable damage typical of the contract.

10.3 In the event of slightly negligent breaches of such contractual obligations that are not covered by either clause 10.1 or clause 10.2 of this Agreement (so-called immaterial contractual obligations), Migrando shall be liable vis-à-vis consumers – this being limited to the foreseeable damages typical for the contract.

10.4 Any further liability is excluded.

11. data protection in connection with the use

11.1 By entering into an Agreement with Migrando, Users agree that Migrando may store the information required for Users’ use of Migrando’s platforms, as well as information made available under this Agreement.

11.2 Migrando undertakes not to make such information available to third parties unless Migrando

(1) has the consent of the respective affected user or

(2) is under a legal obligation or has a good faith belief that such disclosure is reasonable and necessary to protect the rights, property and/or safety of Migrando or the public.

12. confidentiality of Migrando with respect to communications between attorneys as third party providers and users

12.1 The User authorizes the Lawyers as third party providers to exchange information and communicate with the User about the respective client relationship within the scope of Migrando’s performance. The user agrees that Migrando thus has access to this information and uses this information to process the mandate, as necessary.

12.2 In this context, Migrando assures that

(1) the persons referred to in sec. § 43a para. 2 BRAO and § 2 BORA also extends to Migrando and goes beyond the general duty of confidentiality regulated in § 203 of the German Criminal Code (StGB).

(2) Migrando’s duty of confidentiality extends not only to third party secrets, but to all facts that are entrusted to Migrando or become known to Migrando within the scope of Migrando’s services or in any other connection with such services, including the mere fact that a specific mandate has been given to the lawyer as a third party provider by the user.

(3) Migrando’s duty of confidentiality also extends to the user’s personal, economic and tax circumstances that become known in the course of Migrando’s performance or in any other connection with such performance.

(4) Migrando’s duty of confidentiality also extends to Migrando’s internal office relationships or other employees.

(5) Migrando’s duty of confidentiality is to everyone, including but not limited to

– towards family members

– vis-à-vis other contractors, unless notification is necessary on the basis of the order and has been approved by the customer

– vis-à-vis the person who has already become aware of the fact in question

(6) Migrando’s duty of confidentiality shall survive the termination of the contractual relationship.

(7) The user hereby consents to the involvement of additional service providers by Migrando and releases such service providers from the obligation of confidentiality, provided that the involvement of such service providers is necessary for the processing of the service.

13. rights of use

13.1 Migrando shall remain the owner of all rights and legal positions, including but not limited to all intellectual property rights and copyrights in Migrando’s Platforms and Migrando’s Software. This also applies to all adaptations, redesigns or extensions thereof.

13.2 Migrando retains all rights in and relating to Migrando’s platforms and Migrando’s Software not expressly granted to Users in this Agreement. These rights are hereby expressly reserved to Migrando. With this Agreement, Migrando grants Users the revocable, non-exclusive, non-sublicensable and non-transferable right to use Migrando’s platforms and Migrando’s Software solely to the extent necessary to use the “Migrando Online Platform” under this Agreement.

13.3 The User is the author of the digital copies and scans made by it, which it uploads to the Migrando platform and stores there for the purpose of passing them on to the Third Party Provider. The Customer grants Migrando the irrevocable, royalty-free, non-exclusive, sublicensable and transferable right, limited in time to the term of this Agreement and otherwise unlimited, to store, use and disclose the uploaded documents and information for the purpose of providing, performing, analyzing and improving Migrando’s Services and any equivalent and subsequent products. This includes, in particular, the transmission or making available to third-party providers via the Migrando platform.

14. terms and termination of contracts

14.1 This Agreement and the rights and obligations hereunder shall become effective between Migrando and the User on the date of the conclusion of the Agreement between Migrando and the User described in Section 3 of this Agreement.

14.2 The Agreement between the User and Migrando may be terminated by the User at any time without notice and by Migrando at any time with 2 weeks’ notice. The termination must be in text form (e.g. e-mail). A possible contractual relationship of the users with attorneys as third party providers shall not be affected by such termination. The termination of contractual relationships of the users with the attorneys as third party providers shall be governed by the statutory provisions, unless the users have agreed otherwise among themselves.

14.3 Upon any termination or other termination of the contractual relationship of this Agreement, Migrando shall be entitled to cease providing the Service in accordance with Section 2 of this Agreement. In particular, Migrando is entitled in such cases to block the customer’s access to the customer area made available online.

14.4 The right to extraordinary termination for good cause shall remain unaffected.

15. cancellation policy (only for consumers)

15.1. If the Client commissions the Law Firm as a consumer with the consultation and/or representation of legal matters using exclusively means of distance communication (e.g. telephone, e-mail, fax, website, mail), the Client shall have a statutory right of withdrawal. According to Section 13 of the German Civil Code (BGB), a consumer is only a natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

15.2. A consumer has the right to revoke the mandate contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract.

15.3. In order to exercise the right of withdrawal, the client must provide the law firm (Graske Rechtsanwälte, Puschkinpromenade 3a, 03044 Cottbus, Tel: 0355 – 529 828 63, Fax: 03573 – 70 56 259, E-Mail: info@graske.net) by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about the decision to revoke the mandate contract. The client may use the attached sample revocation form for this purpose, which is, however, not mandatory.

15.4. In order to comply with the revocation period, it is sufficient for the Client to send the notification of the exercise of the right of revocation before the expiry of the revocation period.

15.5. If the Client revokes the Client Agreement, the Firm shall return to the Client all payments received by the 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 most favorable standard delivery offered by the Firm), without undue delay and no later than within fourteen days from the day on which the Firm received the notification of revocation of the Client Agreement. For this repayment, the Firm shall use the same means of payment that the Client used in the original transaction, unless expressly agreed otherwise with the Client; in no case shall the Client be charged any fees due to this repayment.

15.6. If the Client has requested that the services commence during the withdrawal period, the Client shall pay the Firm, in the event of withdrawal, a reasonable amount corresponding to the proportion of the services already rendered up to the time the Client notifies the Firm of the exercise of the right of withdrawal with regard to the contract for the provision of services in comparison to the total scope of the services provided for in the contract.

15.7. The right of revocation shall expire prematurely if the Firm has fully performed the service owed and has only begun to perform the service after the Client has given his express consent to perform already during the revocation period and at the same time has confirmed knowledge of the fact that he shall lose the right of revocation upon full performance of the contract by me.

15.8 Insofar as you expressly agree that the commissioned service is commenced before the expiry of the revocation period, the right of revocation shall expire upon complete fulfillment of the contract.

15.9. Sample cancellation form:

If you want to revoke the mandate agreement, then you can use the following form. This can be copied and pasted into an email or other document and sent to the office. Please fill this out:

To Graske Attorneys at Law
Pushkin Promenade 3a
03044 Cottbus
Fax: 03573 – 70 56 259

E-mail: info@graske.net

I/we (*) hereby revoke the mandate agreement concluded by me/us (*):

– Name of consumer(s): ______________________________

– Address of consumer(s): __________________________

– Signature of the consumer(s) (only in case of notification on paper)

– Date ___________

(*) Delete as applicable.

16. dispute resolution

Migrando UG (haftungsbeschränkt) is in principle willing to participate in dispute resolution proceedings at a consumer arbitration board. The EU Commission’s platform for online dispute resolution can be found here: www.ec.europa.eu/consumers/odr

17. changes in the conditions

17.1 Migrando reserves the right to amend these GTC at any time without giving reasons, unless this is unreasonable for the User. Migrando will notify the user of any changes to the GTC in text form in a timely manner. If the user does not object to the validity of the new GTC within a period of four weeks after notification, the amended GTC shall be deemed accepted by the user. Migrando will inform the user in the notifications of his or her right of revocation and the importance of the deadline for objection. If the user objects to the changes within the aforementioned period, the contractual relationship shall continue to exist under the original conditions.

17.2 Migrando further reserves the right to amend these GTC,

(1) to the extent Migrando is obliged to do so due to a change in the legal situation;

(2) to the extent that Migrando thereby complies with a court judgment or an administrative decision directed against it;

(3) to the extent that Migrando introduces additional, entirely new services, services or service elements that require a service description in the GTC, unless the existing usage relationship is adversely changed as a result;

(4) if the changes are merely beneficial to the client and/or contractor; or

(5) if the change is purely technical or procedural, unless it has a significant impact on the Client and/or Contractor.

16.3 The User’s and Migrando’s right of termination pursuant to Section 14 of this Agreement shall remain unaffected.

18. final provisions

18.1 The relations between the contracting parties shall be governed by the law applicable in the Federal Republic of Germany. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence. The provisions of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention) shall not apply.

18.2 If the user is acting as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this Agreement shall be Migrando’s registered office. If the user is domiciled outside the territory of the Federal Republic of Germany, Migrando’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this agreement if the agreement or claims arising from the agreement can be attributed to the user’s professional or commercial activity. In the above cases, Migrando is, however, in any case entitled to bring the matter before the court at the user’s place of business.