General terms and conditions of the 24IP Law Group Sonnenberg Fortmann
(1) These terms and conditions apply to all current and future instructions given to the 24IPLaw Group Sonnenberg Fortmann, hereinafter called 24IP, unless there is a written agreement to the contrary. Verbal agreements are only valid after written confirmation by 24IP.
(2) The contractual relationship is only concluded with acceptance of the instructions by 24IP. The declaration of acceptance requires no specific form.
(1) Upon issuance of the instruction, 24IP can already invoice a reasonable sum in advance for the foreseeable charges/fees and expenses incurred by sending a bill and making the acceptance or continuation of the activity dependent on its payment.
(2) The client is only entitled to offsetting the claims of 24IP, as far as the claim of the client is acknowledged in writing or established as legally binding.
(3) Upon termination of the client relationship, 24IP is entitled to refuse the return of the reference files until all outstanding accounts have been settled by the client.
3. Obligations of the Client
(1) The client shall provide 24IP with all the documents and information required for acting in good time.
(2) The client is obliged to take note of all the documents that 24IP sends to it and comply with the specified time limits and to inform 24IP immediately in case of doubt.
(3) The client shall inform 24IP when it changes its address, telephone and fax number, email address, etc. or if the client cannot be reached for a long period due to holidays or other reasons.
(4) In case of applications for intellectual property rights, the client shall notify 24IP of the name, home address and nationality of the inventor, author or creator.
4. Assignment of Fee Claims and Handling of Incoming Payments
(1) All reimbursement claims of the client are assigned to 24IP with the power of attorney to collateralise the remuneration claims, also from other instruction by the client issued to 24IP with the authorisation to inform opponents of this assignment. The assignment can be revoked at any time with effect for the future by giving written notice to 24IP. 24IP can commission a settlement agent to collect the claim.
(2) 24IP is entitled to withhold incoming payments as an advance for their own claims for fees against the client.
(1) The professionals of the 24IP Law Group are bound by secrecy with regard to all information provided by the client, of which they gain knowledge in terms of the instructions, except with respect to such facts which are obvious or are not confidential by their very nature, such as the mentioning in movie credits, rebuttal on behalf of the client. By instructing 24IP the client grants permission to disclose the facts underlying the obligation of secrecy to third parties, where this is necessary for the normal course of business to properly exercise the instructions; this also includes passing on the information recorded by the obligation of secrecy to non-legal employees and freelancers of 24IP, insofar as these latter were obliged to secrecy by 24IP.
(2) Insofar as 24IP is instructed to correspond with a legal expenses insurer, 24IP is explicitly exempted from the obligation of secrecy in relation to legal expenses insurance. In this case, the client gives the assurance that the insurance contract with the legal expenses insurer continues to exist, that there are no arrears and that no other lawyers have been commissioned in the same matter.
6. Liability / Statute of Limitations
(1) The liability of 24IP for breaches of duty for patent attorney and legal activities in the field of industrial property rights is limited to EUR 10 (ten) million per claim for damages. Liability for activities outside the scope of industrial property protection is restricted to EUR 1 (one) million per claim for damages. Any further liability exists only if this has been agreed beforehand in writing in each individual case.
(2) To answer questions from the client, 24IP exclusively applies the communicated facts as basis. The client is at liberty to commission 24IP against additional remuneration to check and complement the facts. 24IP is not responsible for consulting errors due to incomplete information or incorrect descriptions of the facts.
(3) 24IP assumes no liability for network failures (e.g. power, data, phone, fax ...) or other faults that are due to acts or omissions of service providers, third parties or force majeure.
(4) The statute of limitations of claims is carried out in accordance with the statutory regulations.
7. Additional Conditions for debt Collection Mandates
(1) Collection is the commercial and professional extrajudicial collection of claims.
(2) If a framework agreement exists between the client and 24IP regarding a large number of collection orders, the individual instruction already comes into effect through the sending of original invoices to be recovered or a copy thereof.
(3) The client guarantees that the claims to be recovered are due and the debtor is in default. Furthermore, the client assures that the claim is undisputed, that it is neither assigned nor sub judice or legally enforceable and not subject to third-party rights.
(4) 24IP is entitled to grant the debtor instalments, if the client does not exclude this right.
(5) The client shall provide 24IP with all the documents and information required for processing, in particular the essential data of the individual claims to be recovered (e.g. amount, maturity, reminder, date of default, default costs, etc.).
7.1. Additional Conditions for Industrial Property Rights
(1) 24IP shall keep the client informed about his industrial property rights (patents, trademarks, utility models, industrial designs, copyrights) and request the application procedure and instructions, for example, about answering official communications and extensions in time.
In the absence of instructions, 24IP is authorised to take the necessary steps to maintain the property rights at the expense of the client.
(2) The cost of filing and maintaining in particular the property rights shall be settled according to the amended schedule of fees of the firm.
When the client provides 24IP with a fax number or an email address, it declares until further notice or specific otherwise instruction its agreement that 24IP sends him information without any restrictions on these means of communication. The client exempts 24IP insofar from existing secrecy obligations. The client guarantees that only it or authorised persons have access to these means of communication and that it regularly checks incoming faxes and email mailboxes.
9. Dispute settlement procedures
(1) In the case of disputes between lawyers and their clients, the possibility of out-of-court settlement can be obtained from the Regional Bar Association or the Arbitration Board of the Bar Association via the homepage of the Bundesrechtsanwaltskammer (http://www.s-d-r.org or by e-mail: firstname.lastname@example.org).
(2) In the case of disputes between patent attorneys and their clients, there is the possibility of out-of-court dispute resolution at the conciliation office for patent attorneys, to be found on the homepage of the Patentanwaltskammer (http://www.patentanwaltskammer.de/en).
(3) For more information, please visit the European Commission's online dispute resolution portal (http://ec.europa.eu/consumers/odr/).
(1) If the client is not a consumer, Berlin/Munich is agreed as place of performance and jurisdiction for all disputes arising from the client relationship and from all legal grounds in connection therewith.
(2) All instructions are exclusively subject to German law.
(3) If any provision of this mandate and collection conditions is or becomes invalid, the statutory provisions shall apply instead.