Terms  General Terms and Conditions for Mandates

Any other general terms and conditions which contradict these general terms and conditions have no validity and will not, under any circumstances, become a part of the contract.

Issue of mandates

Prehm & Klare Rechtsanwälte offer you the principal standard services for trademarks, trademark rights and business information, via markenservice.net.

The costs stated on markenservice.net are for extra-judicial attorney fees under § 3 section 5 of the Bundesrechtsanwaltgebuehrenordnung (BRAGO) and do not include any extensive, individual legal advice, with the exception of the complete package services via the Internet or telephone. If we ascertain from the information in your online form that our inclusive fees are not appropriate because of the complexity of the information and/or because of the specific issue in trademark rights involved, we will inform you, with details of further costs where appropriate.

An application for a trademark carries the risk of an antimony, application of erasure or a dissuasion against your trademark from a third party, carrying liability for costs. Therefore there is a risk of costs against you.

For out-of-court activities, the legislation allows fees to be charged at a lower level than those of statutory lawyer fees. In situations where a judicial conflict should arise following an application, both we and our colleagues are strictly obliged to charge fees at least equal to the minimum governed by the Bundesrechtsanwaltgebuehrenordnung (BRAGO).

All out-of-court mandates and judicial mandates mentioned above will be given to the co-partnership of Prehm & Klare Rechtsanwälte, unless other plans have been agreed. Even if a mandate has been given to a particular attorney of the co-partnership, the billing will originate from Prehm and Klare Rechtsanwälte.

In the case of judicial proceedings, the process of issuing the mandate will be effected by the signing of a written authorization. For all out-of-court activities, a verbal authorization will suffice too. After the acceptance of a verbal contract, it will only be effected when a written acknowledgement is issued by Prehm and Klare Rechtsanwälte.

Prehm and Klare Rechtsanwälte reserve the right to refuse a mandate, even after the signing of a written authorization. This will be especially so in a situation where the mandate has been given to a specific individual attorney. This refusal has to be disclosed to the client within an adequate period of time, which is usually one week.

When presenting a mandate, the client agrees also to receive a regular client newsletter. This newsletter can be cancelled at any time, verbally or via email.

Obligations of Clients

At all times, the client has to keep Prehm & Klare Rechtsanwälte informed of events, in detail and comprehensively. Clients are obliged to read carefully all writs that are sent to them, and to immediately send any statements or comments, preferably in written form, either to Prehm and Klare Rechtsanwälte or to the individual attorney responsible for the case. Attention is drawn to the fact that an accurately timed forwarding to the editing attorney before any relevant deadlines cannot always be assured in case of giving informations via telephone to an assistant of Prehm & Klare Rechtsanwälte who is not a lawyer.

Scope of Legal Services

Service owed by Prehm & Klare Rechtsanwaelte is the agreed job only. Success is not guaranteed. Unless agreed otherwise, the agent only has to consult German law, insofar as German law is basis of the carrying-out of the mandate.

Liability and Prescription

Verbal information given as initial legal advice and information over the phone is essentially non-committal. The liability of attorneys for damages for negligence in connection with the mandate is limited to 1.000.000 Euros under 51 a l No. 2 of BRAGO.

The attorneys are not liable in respect of information and data coming from a third party, especially not for its completeness, correctness or topicality, or for whether the information and data infringes the rights of a third party, or for whether the sender is acting illegally in sending this information.

The attorneys are not liable or responsible for problems with networks on the Internet or for server or software problems with third parties.

Communication via email, telephone, FAX or Internet is the sole responsibility of the client. Prehm & Klare Rechtsanwälte strongly recommend the client to allow them to carry out a current Trademark And Trade Register Research on their behalf, before every application for trademark registration.

In case a client calls off an action, they have to indemnify Prehm & Klare Rechtsanwälte from any liability. For this purpose, a client has to sign a corresponding hold-harmless - agreement.

Any claims for damages must be made within 3 years after occurrence.

Data Protection

Unless explicitly specified otherwise, in writing, all information submitted to Prehm and Klare Rechtsanwälte is classified as confidential.

According to § 33 of the Bundesdatenschutzgesetz, Prehm and Klare Rechtsanwälte point out that only personal data, which is used for the implementation of the contract, will be saved, used and processed in databases and electronic media. If attorneys are using the services of third parties to assist their own services, then they are entitled to disclose personal data if this is necessary for the implementation of the contract. The client agrees to this. Prehm and Klare Rechtsanwälte will give additional advice on data protection regulations.

Concluding Provisions

Place of delivery for the service is Kiel (Germany)

The address of jurisdiction is agreed to be Kiel (Germany) if legally allowed.

All contracts come under German law. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

The invalidity of any term(s) in these General Terms And Conditions For Researches has no influence on any other terms or on the particular contract as a whole.

All changes and supplements to these General Terms and Conditions have to be done in a written form and have to be directed to the last known address of the contractual partner. An agreement to abolish the obligation for a written form in this regard must itself be done in writing.

These General Terms and Conditions replace all agreements and verbal agreements and regulate the relationship between the interested parties, unless supplements to the contract are made in writing which will have to be declared as an integral part of the contract.