Terms and Conditions

General Terms and Conditions of Engagement from

OC Legal – Oberndörfer Law Firm

(hereinafter “Attorney”)

I. Fee Information

Pursuant to § 49b of the Federal Lawyers’ Act (BRAO), it is hereby noted that, unless a valid fee agreement has been entered into in accordance with §§ 3a et seq. of the Lawyers’ Fees Act (RVG), the attorney’s fees are governed by the statutory provisions of the Lawyers’ Fees Act (RVG).

If compensation based on time spent is agreed upon, the applicable statutory compensation under the RVG shall be deemed the agreed-upon minimum fee, provided that it is higher in the specific case. In all other respects, the agreed-upon compensation remains unaffected.

The client is advised that, even if the case is won or if legal expenses insurance applies, any agreed-upon compensation may be reimbursed only up to the amount of the statutory fees.

In labor court disputes, pursuant to § 12a of the Labor Court Act (ArbGG), there is generally no entitlement to reimbursement of out-of-court costs in the first instance. Each party bears its own costs, regardless of the outcome of the proceedings.

II. Scope of Legal Advice and Representation

Unless otherwise expressly agreed, legal advice and representation are generally governed exclusively by the laws of the Federal Republic of Germany.

We are not obligated to provide tax, business management, or foreign law advice unless such advice is expressly included in the scope of the engagement. If necessary, the client must have the tax implications of legal arrangements reviewed by qualified third parties.

The attorney is entitled to engage expert third parties, corresponding attorneys, or external service providers to handle the matter. Any additional costs arising therefrom that are not merely insignificant require the client’s prior consent.

III. Duties of the Attorney

1. Careful Management of Client Matters

The attorney shall handle the case with the diligence expected of a competent attorney and shall keep the client adequately informed, within the scope of the retainer, of the progress and outcome of his or her work.

2. Confidentiality

Attorneys are legally bound to maintain confidentiality. This obligation applies to all facts and information that come to their attention in the course of their representation.

Information will be disclosed to courts, government agencies, or other third parties only to the extent required by law or upon appropriate release from the attorney-client privilege.

3. Custody of Funds

Funds received on behalf of the client are held in trust and disbursed to the client without delay, provided there are no statutory rights of retention.

4. Data Protection

Personal data is processed exclusively in accordance with legal provisions, in particular the GDPR, the BDSG, and professional regulations.

The attorney is authorized to engage external IT service providers and data processors. Details can be found in the law firm’s privacy policy, as amended from time to time.

IV. Liability

Pursuant to § 52 of the Federal Lawyers’ Act (BRAO), the attorney’s liability for ordinary negligence is limited to 250,000.00 EUR per insured event.

The limitation of liability does not apply to damages caused by willful misconduct or gross negligence, or to damages resulting from injury to life, body, or health.

The foregoing limitations of liability for ordinary negligence apply mutatis mutandis to breaches of duty by the attorney’s legal representatives, employed attorneys, employees, and other agents.

At the client's request, additional personal liability insurance may be purchased at the client's expense.

V. Client’s Obligations

1. Provision of Information

The client shall provide the attorney with complete and truthful information regarding all facts related to the case and shall make all necessary documents available in a timely manner.

Any changes to your address, phone number, or email address must be reported immediately.

Any direct contact with courts, government agencies, opposing parties, or other involved parties should, whenever possible, be coordinated with your attorney in advance.

2. Review of Drafts

The client shall immediately review any drafts provided to him in advance for factual accuracy and completeness and shall promptly communicate any requested changes.

3. Legal Expense Insurance

To the extent that the attorney is instructed to correspond with a legal expense insurance provider, he is released from his duty of confidentiality in that regard.

The attorney assumes no liability for the provision or scope of insurance coverage.

4. Electronic Communication

The client agrees to communicate via email. The client is aware that unencrypted electronic communication may pose risks to the confidentiality and integrity of the data.

5. Obligation to Pay and Assignment

The client is obligated to pay any requested advances and fees due. This applies regardless of whether there are claims for reimbursement against third parties.

The attorney's invoices are due immediately upon receipt by the client, unless otherwise agreed.

The client assigns to the attorney any claims for reimbursement against the opposing party, legal expense insurers, or other third parties in the amount of any outstanding fees arising from the matter in question. The attorney accepts the assignment.

6. Record Retention

Client files will be destroyed upon expiration of the statutory retention periods, unless the client requests them beforehand and there are no statutory retention obligations that preclude their destruction.

VI. Electronic Record-Keeping and Technical Aids

The attorney is authorized to maintain case files electronically, in whole or in part.

For the purpose of handling client matters, document management systems, cloud solutions, video conferencing systems, external IT service providers, and AI-powered tools for research, document analysis, structuring, translation, and drafting may be used, provided that all legal, data protection, and professional requirements are met.

The use of external IT service providers, cloud solutions, and AI-powered applications is carried out in compliance with attorney-client privilege and with the involvement of appropriate data processors in accordance with Article 28 of the GDPR.

Legal review and responsibility remain solely with the attorney.

VII. Money Laundering Act

To the extent that statutory identification and cooperation obligations exist under the Money Laundering Act, the client shall provide the necessary information and documents in full and without delay.

If the client fails to fulfill his or her duty to cooperate, the attorney is entitled to suspend work on the case or to withdraw from the case in accordance with the provisions of the law.

VIII. Applicability to Future Mandates

These terms and conditions of engagement also apply to future engagements, provided that their applicability is noted when the engagement is granted.

IX. Consumer Dispute Resolution

The attorney is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

X. Final Provisions

German law applies exclusively.

Only the German-language version of these Terms and Conditions of Engagement is legally binding. Other language versions are provided for translation purposes only.

For reasons of legal certainty, any amendments or additions to the mandate agreement, as well as any other individual agreements, should be documented in writing whenever possible.