General terms and conditions of mandate

Gender Statement:

For the following texts, all personal terms are used in the masculine for ease of reading, but they are all to be understood as gender-neutral.

Präambel

The appointed law firm is DUAL Law Firm, represented by Duygu Altun-Turak (hereinafter: lawyer). The client declares his or her consent to the release when the mandate is granted. from the duty of confidentiality towards assistants, employees and traineesif this is required for the processing of the mandate and the office organisation. The rest is regulated by the client's instruction to be signed separately.

§ 1 Scope of application, inclusion of GTC                                                                                                                                           The General Terms and Conditions of Contract become an integral part of all contracts between Duygu Altun-Turak, the lawyer, DUAL Law firm (hereinafter: Lawyer) and its clients (hereinafter: Client) who require representation in legal matters. matters or advice have as their object. The inclusion of other general terms and conditions, in particular of the client, is excluded. Such inclusion is hereby expressly objected to. The lawyer expressly reserves the right to refuse a mandate, even after the client has signed the power of attorney. The rejection by the lawyer must be made within a reasonable period of time, which is usually one week after the signing of the power of attorney by the client. The client shall be informed of the fact that the client is the owner of the property.

§ 2 Remuneration, advance payment                                                                                                                                                                          The lawyer's fees are calculated according to the provisions of the German Lawyers' Fees Act (RVG). In individual cases, a fee agreement can be made between the lawyer and the client. Pursuant to § 3 of the Federal Lawyers' Fees Act (Bundesrechtsanwaltsgebührenordnung), this must be in writing. The lawyer is authorised to demand an appropriate advance payment for the lawyer's fees and expenses likely to be incurred when the mandate is granted and to demand the continuation of her work from the client. to make the payment of this advance note dependent on the settlement of the advance note. Claims for remuneration may not be deducted from the The lawyer shall deduct any amounts received (third-party money) before payment.

§ 3 Counselling assistance, legal aid                                                                                                                                                  If the mandate is to be handled via counselling assistance, the presentation of a corresponding certificate is a prerequisite for the lawyer to start working. The same applies to the payment of the statutory own contribution in the amount of € 15.00. If the mandate is to be handled via legal aid, the submission of a corresponding, fully completed legal aid form is required. Enclosure of all necessary supporting documents is a prerequisite for the lawyer to start work. The same applies to the payment of any advance.

§ 4 Confidentiality                                                                                                                                                                            As a matter of principle, the lawyer shall be obliged to maintain confidentiality with regard to all information relating to the mandate which she receives from her clients This shall not apply to facts which are obvious or which, by their nature, do not require confidentiality require confidentiality. By instructing the lawyer, the client grants the lawyer permission to disclose facts subject to the duty of confidentiality to third parties within the scope of the client-lawyer relationship, whereby this disclosure is necessary within the scope of the appropriate and proper performance of the mandate.

§ 5 Limitation of Liability, Statute of Limitations
The liability of the lawyer arising from the client relationship for damages due to breach of contractual or pre-contractual primary and secondary obligations as well as the non-contractual, fault-based liability shall be limited to € 250,000.00 per case of damage. In accordance with § 51 BRAO, this limitation of liability shall not apply in the event of gross negligence or intentional causation of damage, furthermore
not for liability for culpably caused damage from injury to the life, body or health of a person.
Any claims for damages of the client against the lawyer shall become statute-barred after 2 years from their accrual, but no later than
after the expiry of 2 years from the termination of the mandate, unless the statute of limitations occurs earlier according to the law. The statutory limitation provisions shall apply to claims within the meaning of § 309 No. 7 BGB. 

§ 6 Legal Remedies / Appeals                                                                                                                                                           The lawyer shall only be entitled to lodge an appeal/appeal if if it has received a separate order to do so, and this was accepted by the lawyer.

§ 7 Limitation of assignment
The rights to which the client is entitled under the client-lawyer relationship may not be transferred or assigned without the prior written consent of the lawyer. Claims for reimbursement of costs and other claims of the client against the opposing party, the court cashier or other third parties liable for reimbursement shall be assigned to the lawyer if, at the time of the claim for reimbursement, the following conditions are met
claims exist against the client. In this case the lawyer shall also be entitled to disclose the assignment to third parties. Incoming payments shall first be credited against the lawyer's outstanding costs, expenses and interest. 

§ 8 Limitation of set-off                                                                                                                                                             The client is only entitled to set-off against a claim of the lawyer if the client then entitled, insofar as the client's claim is recognised in writing or has been legally established. Insofar as a remuneration agreement has not been concluded or has not been concluded effectively, the client to pay the attorney's fee and expenses in accordance with the Federal Code of Attorney's Fees.

§ 9 Fee action
In the event of non-payment of the fee by the client, the lawyer shall be entitled, within the framework of a fee claim or reminder proceedings, to disclose the information required for this purpose to the court having jurisdiction for the claim or reminder proceedings. The same shall apply to the other lawyer instructed by the client in such a case to defend the fee claims.

§ 10 Issue of confirmations                                                                                                                                                           Confirmations for the client shall only be issued against payment of at least 10.00 € plus statutory VAT issued.

§ 11 Retention of client documents
The lawyer's obligation to keep and hand over files shall expire six months after the end of the assignment. After this period, documents - if available - will only be retrieved from the old filing cabinet against payment of € 50.00 plus VAT, if they still have to be available. The lawyer shall be entitled to demand the handing over of documents from the
The client may make the full payment of its bills of costs - all of the client's orders - conditional. 

§ 12 Payment of extrajudicial costs and labour law costs
The lawyer points out to the client that there may be no claim for reimbursement of costs out of court against the opponent, provided that the opponent is not yet in default. The same applies to representation in criminal or administrative offence proceedings. If these are discontinued in the preliminary proceedings or pre-trial proceedings or if a discontinuation is made according to a procedural provision that does not prefer reimbursement of costs by e.g. the state treasury. This also applies to labour court proceedings of the first instance. This also applies in first instance labour court proceedings, where reimbursement of costs by the opposing party is not provided for, even if the case is successful. The client has to pay his lawyer there himself, unless his legal expenses insurance is liable to pay. Correspondence with the client's legal expenses insurer is a separate assignment which is not compensated with the remuneration in the matter itself. 

§ 13 E-mail traffic
The client expressly agrees that the e-mail communication between him/her and the lawyer shall in principle be
unencrypted. Messages are only encrypted at the express request of the client. In such a case, the encrypted data shall be exchanged with the encryption programme used by the lawyer. The lawyer shall inform the client of the details of this if necessary. 

§ 14 Ancillary agreements, written form, severability clause
No ancillary agreements to this agreement have been made. Ancillary agreements or amendments to these general terms and conditions of mandate must be made in writing in order to be effective. This also applies to amendments to the written form requirement. Should any of the provisions of this agreement be or become legally ineffective or unenforceable for any reason or should the regulatory relationship
contain a loophole, the validity of the remaining provisions shall remain unaffected. Instead of the invalid and unenforceable provisions, a provision shall apply which, within the scope of what is legally permissible, corresponds most closely to the will of the parties. comes closest.

§ 15 Place of performance, place of jurisdiction, applicable law
The place of performance and jurisdiction for all disputes arising from the client-lawyer relationship and from all legal grounds connected with the client-lawyer relationship, including the collection of cheques and bills of exchange given to the lawyer, shall be the lawyer's office where the client-lawyer relationship was established. All mandates are exclusively subject to German law.