General Terms and Conditions of Contract and Power of Attorney
General Terms and Conditions of Contract and Power of Attorney
of Harlander & Partner Rechtsanwälte GmbH, FN 467333f, P-Code P530376, hereinafter referred to as “Lawyer”
1. Scope of application
1.1. Basis of mandates. All mandates and services provided by Lawyer, including any representation before courts, authorities and other bodies, are exclusively governed by these Terms and Conditions, the resulting powers of attorney as well as specific engagement offers along with all specifications and fee arrangements of Lawyer pertaining to the powers of attorney or engagement offers.
1.2. Future engagements. Any future mandates between Lawyer and Client will automatically be based on the most recent version of the above terms at the beginning of the initial engagement, even if future engagements no longer specifically incorporate these principles by reference.
1.3. Future changes. Lawyer will notify any future changes of these principles to Client in writing; these shall be deemed agreed, unless traders object within two weeks and consumers object within four weeks.
1.4. Additional agreements. Any form of additional agreement, both prior to and during an existing engagement are valid only if made in writing. This shall also apply vis-á-vis traders to any waiver of the written form requirement.
1.5. Client’s contract elements. Any of Client’s contract elements, even if Lawyer is aware thereof, are valid only if Lawyer accepts these by way of an additional note (such as “Service requirements / terms and conditions accepted”) in writing, which expressly refers to and covers these contract elements. Otherwise, Lawyer expressly objects to the inclusion of Client’s contracts elements.
1.6. Inconsistencies. In case of any inconsistency between engagement offers and the related specifications and fee arrangements, powers of attorney as well as Lawyer’s terms and conditions, these will apply in the above order. Individual engagement offers will therefore prevail over any other contract elements.
In case of any inconsistency between Lawyer’s contract elements and Client’s contract elements, all of Lawyer’s contract elements will prevail.
1.7. Severability. Should any term of the contract be invalid or unenforceable, the invalid term of contracts with traders shall be replaced by a valid term that closest reflects the economic meaning and purpose of the invalid term.
2. Power of attorney and mandate
2.1. Scope. In case of doubt, Lawyer is authorized under the power of attorney to represent Client subject to the law, their conscience and on the basis of a specific engagement in a manner Lawyer deems conducive to and necessary for performing the specific engagements. This may include, for example:
• Out-of-court representation
• Representation before courts, administrative authorities, and fiscal authorities
• Agreement on arbitration and election of arbitrators
• Initiation and non-initiation of lawsuits
• Accepting documents of any kind, including complaints, judgments and decisions
• Entering into settlements of any kind
• Filing and withdrawing appeals
• Seeking and failure to seek compulsory enforcement and preliminary injunctions
• Withdrawal, receipt and valid acknowledgement of money and money’s worth
• Drawing up of contracts
• Appointment of escrow agents and deputies based on the same or a slightly extended power of attorney
2.2. Specific engagements. The power of attorney is no general authorization, but is tied to the specific engagements, unless Client desires it to be a general authorization beyond any doubt and Lawyer accepts this. Beyond those engagements or after termination of these engagements, the power of attorney granted has no effect until a new engagement is granted. Without a specific engagement, Lawyer may not represent Client based on the power of attorney granted.
3. Granting of power of attorney or mandate
3.1. Lawyer’s offer. Lawyer will offer Client to grant them power of attorney or to give them a mandate, and this offer forms the basis for Lawyer’s authorization and the mandate. Lawyer’s offer is non-binding. If Client grants power of attorney or gives Lawyer a mandate, Client is bound by it for a period of one week of receipt thereof by Lawyer, unless the power of attorney or the granted mandate itself or the urgency of the matter suggests otherwise.
3.2. Offer by Client. If, by way of exception, Client directly grants power of attorney or gives Lawyer a mandate without request, for example, based on a regular business relationship or via a form on a website, Client will be bound by it one week after Lawyer has received the mandate.
3.3. Acceptance by Lawyer. Lawyer may always refuse to accept a power of attorney or mandate without giving reasons. Consequently, a power of attorney or mandate enters into effect only if Lawyer has accepted the power of attorney or mandate.
A power of attorney or mandate must generally be accepted in writing, for example by confirming a power of attorney or mandate, unless Lawyer takes action on behalf of Client based on the power of attorney or mandate which suggests that Lawyer will accept the mandate.
Simple confirmation of receipt of the mandate granted, for example confirmation by a website, does not mean that Lawyer has accepted the mandate granted.
3.4. Receipt. If offers are submitted and accepted via electronic communication or an electronic order management system which can be accessed by both parties, declarations issued on work days, i.e. on Mondays through Fridays (except public holidays in Austria) between 8 a.m. and 4 p.m., are deemed to have been given on the same day; declarations issued outside these hours are deemed to have been received at 8 a.m. on the next working day.
4. Client check and compliance
4.1. Client check measures. Since the risk of money laundering (Section 165 Criminal Code) or terrorist financing (Section 278d Criminal Code) is particularly high, Lawyer is obligated to review all transactions particularly carefully whenever Lawyer carries out or participates in the planning or execution of any of the following finance or real estate transactions on behalf and for the account of Client:
– purchase or sale of real estate or companies
– management of money, securities or other assets, opening or management of bank or savings accounts or securities deposits, or
– formation, operation, or management of trusts, companies, foundations or similar structures, including the procurement of funds needed to set up, operate, or manage companies.
4.2. Identity verification. Lawyer is obligated to establish and verify Client’s identity and that of the beneficial owner in any of the transactions referred to in paragraph 4.1. Client undertakes to provide the information requested by Lawyer in due time.
4.3. Evidence. Lawyer will retain corresponding Client check evidence also after termination of the mandate in accordance with legal provisions.
Termination of power of attorney or mandate
5.1. Termination letter. Lawyer or Client may terminate the power of attorney or the mandate without notice at any time, without stating any reasons, without affecting Lawyer’s claim to legal fees.
5.2. Automatic termination. In any event, the mandate ends automatically or Lawyer’s power of attorney expires once the services have been completed.
5.3. Transition period. If Client or Lawyer gives notice of termination, the latter is obligated to represent Client for another 14 days, in as far as this is necessary to protect Client from any legal disadvantages. This obligation shall not apply if Client revokes the mandate and expresses the desire for Lawyer to cease any further activities.
Lawyer is then no longer obligated to represent Client’s interests and, for example, to make Client aware of changes in legislation or changes in circumstances.
Scope of services, carrying out the Client mandate, and Client’s duty to cooperate
6.1. Place of performance. Place of performance shall be Lawyer’s corporate seat.
6.2. Scope of services. The written power of attorney or any other written specifications provided by Lawyer will define the scope of the mandate granted.
6.3. Service provision principles. Lawyer is authorized and obligated to carry out the mandate granted pursuant to the law and to fervently, faithfully and conscientiously represent Client’s rights and interests vis-á-vis anyone to the extent this is necessary for and conducive to carrying out the mandate.
Lawyer is authorized, in principle, to provide services at their own discretion and to take any steps, including but not limited to using any means of attack and defence, as long as this is not incompatible with the mandate granted, their conscience or the law.
If Client issues an instruction to Lawyer that would be incompatible with the standards of Lawyer’s proper professional conduct based on the law or other rules of ethic (such as the Guidelines for Legal Practice [Richtlinien für die Berufsausübung der Rechtsanwälte – RL-BA] or the case law of the appeal and disciplinary boards for lawyers and associates with the Supreme Court or the former Supreme Appeal and Disciplinary Commission for Lawyers and Associates [Oberste Berufungs- und Disziplinarkommission für Rechtsanwälte und Rechtsanwaltsanwärter – OBDK]), Lawyer must refuse to follow that instruction. In case of imminent danger, Lawyer may take or refrain from taking any action which is not explicitly covered by the mandate granted or contrary to an instruction issued, if this seems imperative in Client’s interest.
6.4. Third-party services. Lawyer may execute the services themselves or rely on qualified third parties to provide the services (third-party services).
6.5. Third-party services in the form of sub-power of attorney and substitution. Lawyer may rely on their associates or another lawyer or the latter’s authorized associates to represent them (sub-power of attorney). In case of incapacitation, Lawyer may pass the mandate or individual parts of acts on to another lawyer (substitution).
6.6. Agreed third-party services. If Lawyer and Client have agreed that a service be provided as a third-party service (agreed third-party-service), Lawyer may commission that third-party service at their own election both in their on name or in Client’s name and both for their own account or for Client’s account.
Contractors providing agreed third-party services are not Lawyer’s vicarious agents. Whenever Lawyer and Client have not agreed on special specifications or special terms and conditions to govern agreed third-party services, the third party’s specifications shall apply if the third party was commissioned on behalf of Lawyer, and the third party’s specifications and terms and conditions will apply to Client, if the third party was commissioned on behalf of Client.
If it was agreed that agreed third-party services are to be provided beyond the term of Lawyer’s mandate, Client shall take over the third-party services in Client’s name and for Client’s account after the end of the mandate, if those third-party services were commissioned in the name and for the account of Lawyer.
6.7. Divisible services. If services can be divided, Lawyer may provide parts of services.
6.8. Forfeiture. Client is obligated to collect in due time any services ordered from Lawyer or any documents or items made available to Lawyer for processing.
If services, items or documents are not collected in time, Lawyer may dispose of these after three months (in contracts with traders) or after six months (in contracts with consumers), in any event, after the expiration of a longer statutory retention period, if any, at the latest.
6.9. Rights to services. As a matter of general principle, all rights to the agreed services are due to Lawyer.
Client has the right to use the services in the agreed scope after having paid the full agreed compensation. If no scope was agreed, Client shall have the non-exclusive right to use the services for Client’s own purposes, but not the right to sublicense or transfer the services to third parties [or affiliated companies].
Client shall comply with any license terms applicable to services or works of third parties, which form part of the services and works of Lawyer.
6.10. Right to the end product. Client may use the service in the agreed form only as an end product, but has no right to receive the fundamentals, work tools, interim results etc. which are necessary to create the services. Failing an agreement and in the absence of statutory retention obligations, Lawyer is not obligated to retain these fundamentals, work tools, interim results, etc. after conclusion of their activities.
6.11. Obligation to return documents. Lawyer is obligated to return to Client, upon request, Client’s original documents after termination of the contract. Lawyer may retain copies of these documents.
In as far as Client again requests copies of documents Client has already received, the related costs shall be borne by Client.
6.12. Destruction of files. Lawyer is obligated to retain files for a period of five years after the end of the mandate. Longer statutory retention periods must be observed. Client agrees that files (including original documents) are destroyed after the expiration of the retention period.
Client’s duty to cooperate
7.1. Client’s duty to cooperate. After having retained Lawyer, Client is required to disclose to Lawyer without delay any information, facts, services, etc. which might be significant in connection with the performance of the mandate, and to produce the necessary documents, certificates, evidence, etc.
During a valid mandate, Client is required to inform Lawyer immediately after the Client has become aware of any changes in circumstances, of subsequent or newly emerging circumstances which could be significant in connection with the performance of the mandate. Lawyer may assume that such information, facts, services, certificates, documents, evidence etc. is/are accurate, provided that these are not obviously inaccurate. If Lawyer self-calculates taxes based on information provided by Client, Lawyer will be released from any liability vis-á-vis Client.
7.2. Violation of duty to cooperate. Client is liable for any damage caused by Client’s insufficient, delayed or omitted cooperation, including but not limited to any extra time spent by Lawyer and the legal fees payable for it.
If Lawyer is held liable by third parties due to any infringement in connection with information, facts, services, certificates, documents etc. provided by Client, Client shall hold harmless and indemnify and assist Lawyer in connection with the defence of any claims of third parties.
Client communication.
8.1. Communication channels. Lawyer may communicate with Client in any manner deemed appropriate by Lawyer, especially using the postal address, email address, and phone number disclosed by Client.
8.2 If Client uses other forms of communication, addresses or connections to communicate with Lawyer, Lawyer may also use these channels for their communication with Client.
8.3. Receipt. Client is deemed to have received statements given by Lawyer if they were sent to the addresses or connections Client has disclosed when retaining Lawyer or has used later on.
8.4. Encryption. Lawyer may use non-encrypted forms of communication with Client.
8.5 Written form. Any statements to be given in writing hereunder may also be sent via e-mail.
Confidentiality
9.1. Confidentiality. Lawyer is obligated by law to keep confidential all matters that have been entrusted to them as well as all facts they have otherwise become aware of in their capacity as Lawyer that must be kept confidential in Client’s interest.
9.2. Transfer of confidentiality obligation to employees. Within the scope of applicable legislation and guidelines, Lawyer may retain all employees and third parties to work on cases, provided those employees and third parties have demonstrably been informed of their legal confidentiality obligation.
9.3. Release from confidentiality in case of claims vis-á-vis Client. Lawyer is released from confidentiality only in as far as this is necessary to pursue Lawyer’s claims (including but not limited to claims to legal fees) or to defend claims against Lawyer (including but not limited to Client’s or third-parties’ claims for compensation of damage vis-á-vis Lawyer).
9.4. Release from confidentiality by virtue of various laws. Based on legal regulations, Lawyer is obligated in some cases to provide or to report to authorities without having to seek Client’s consent; we incorporate by reference in particular anti-money laundering and terrorist financing legislation as well as the provisions of tax law (such as the Account Register and Account Inspection Act [Kontenregister- und Konteneinschaugesetz, GMSG]).
9.5. Release by Client. Client may release Lawyer from the confidentiality obligation at any time. The fact that Client is releasing Lawyer from their confidentiality obligation does not release Lawyer from their obligation to examine if a statement is in their Client’s interest. If Lawyer acts a mediator, Lawyer shall invoke the right to confidentiality despite having been released from the confidentiality obligation.
Legal fees.
10.1. Legal fee arrangement. Legal fees are generally set in the course of granting the mandate or, later on, in the legal fee arrangement concluded in writing.
10.2. Appropriate legal fees. Unless a fee arrangement was made in a particular case, Lawyer is entitled to appropriate legal fees. In any event, the rates and calculation methods pursuant to the Austrian Scales of Legal Fees Act (Rechtsanwaltstarifgesetz – RATG)) and the General Fee Criteria for Lawyers (Allgemeine Honorarkriterien – AHK)) are deemed appropriate.
10.3. Cost estimate. Client acknowledges that any estimate of expected legal fees which is not explicitly referred to as binding by Lawyer does not constitute a binding cost estimate (pursuant to Section 5 (2) Consumer Protection Act – KSchG) since the extent of legal services to be provided by Lawyer, by their very nature, cannot be reliably assessed in advance.
10.4. Transparency of fees. Harlander & Partner Rechtsanwälte GmbH are obligated to issue interim bills on a continuing basis in order to guarantee maximum transparency of their fees. An interim bill must be issued in particular upon termination of out-of-court services, upon the end of the court hearing, when filing appeals, and after the provision of several material services. Material services include, but are not limited to non-judicial request letters, as well as main services generally billable according to the standard rate (Einheitssatz) pursuant to Section 23 (1) RATGg
10.5. Additional services. All legal services not explicitly covered by the agreed fee will be billed separately.
10.6. Parts of services. Lawyer may bill parts of services already provided.
10.7. Retainer. Cash outlays such as court fees (e.g. flat-rate fees), official fees or expert fees must always be paid in advance. Harlander & Partner Rechtsanwälte GmbH may also ask for appropriate retainers as compensation for future services at any time.
Unless retainers for cash outlays are received three work days prior to the end of deadlines set by courts or authorities, at the latest, it can no longer be guaranteed that the related services (e.g. complaint, statement of defence, appeals) can be provided in due time. We are not able to accept an engagement, unless we receive a retainer as requested in the power of attorney or unless we receive the payment at least seven days prior to the expiry of a deadline, if any (e.g. statute of limitation, statement of defence, appeals).
10.8. Reimbursement of costs in excess of agreed legal fees. If the amount of costs to be reimbursed by the opponent which were recovered and are recoverable in litigation exceeds the fees agreed with Client, Lawyer shall be entitled to the sum which exceeds the agreed legal fees.
10.9. Taxes, expenses, disbursements. Legal fees are ex Lawyer’s corporate seat or offices. Legal fees are exclusive of statutory value added tax, necessary and appropriate expenses (e.g. for travel, accommodation, phone charges, copies) and the cash outlays paid for Client (e.g. court fees).
10.10. Legal expenses insurance. Client’s notice that legal expenses insurance exists and the fact that Lawyer is seeking cover in accordance with the policy does not affect Lawyer’s entitlement to claim fees from Client and is not deemed to constitute Lawyer’s consent to accept as fees the insurance benefits paid by the insurance company. If insurance coverage exists, Lawyer may obtain confirmation from the insurer that the engagement is covered. That confirmation means that the provider of legal expenses insurance will pay for the fees according to Client’s insurance policy. However, this does not automatically mean that the full costs are covered. Many insurance policies do not pay for certain services, pay only for some of the costs, provide for caps or pay only after certain procedural stages were concluded. As a result, a confirmation does not necessarily mean that every single necessary or appropriate step of a service is covered without deduction or at all. Client, as Lawyer’s customer, will always be the recipient of a bill. Provided that Client’s insurance company has confirmed insurance coverage, Lawyer will also send the bill to Client’s insurance company for payment. Any payments which the insurance company does not justifiably or unjustifiably make under the insurance terms, such as deductibles of the insured party, value added tax with those who are entitled to deduct input tax or any services which are not covered at all, are not fully or not immediately covered by insurance shall be paid by Client.
10.11. Reimbursement of costs by the opponent. Client is also obligated to temporarily pay Lawyer’s fees in proceedings in which the opponent may be or is obligated to reimburse costs. In no event does Lawyer guarantee that costs can be recovered from the opponent, as the nature of costs does not allow us to assess on a reliable basis whether they are recoverable. Similarly, in no event does Lawyer assume the risk of recoverability of costs.
10.12. Approval. In contracts with traders, a properly itemized bill submitted to Client is deemed to be approved, unless Client objects to it in writing within 14 days of the date of receipt (date of receipt by Lawyer is relevant).
Payment
11.1. Maturity and payment. Lawyer’s bills are due for payment as of the date of the bill without any deduction, unless otherwise agreed. Bills for distance selling business are due for payment with the order and, otherwise, within fourteen days of the date of receipt of the bill. Services are generally not provided until full payment was made.
11.2. Flat-rate billing. Flat-rate billing covers all services which are necessary to execute the agreed services, except for costs arising from unpredictable events, extra costs incurred due to Client’s failure to cooperate according to the terms of the contract, as well as extra costs due to hidden defects of services provided.
11.3. Time-based billing. Time-based services are billed based on the time actually needed for a task. Time-based billing means that anticipated expenditure is indicated as an approximate, anticipated or estimated amount.
11.4. Joint and several liability. If several Clients grant a mandate in the same case, they will be jointly and severally liable for all resulting claims of Lawyer. This applies in contracts with consumers only if the legal services under the mandate are not divisible and were not clearly provided for a specific Client only.
11.5. Direct payment. At Lawyer’s discretion, any expenses and cash outlays arising in connection with the fulfilment of the mandate may also be passed on to Client for direct payment.
11.6. Legal expenses insurance. Lawyer is not obligated to claim legal fees directly from the insurance company and may request Client to pay the entire compensation.
11.7. Section 19 Austrian Legal Practice Act. Lawyer may deduct from any payment received on the Client’s behalf the sum total of Lawyer’s disbursements and compensations, provided that these are not covered by the retainers received, and is liable to bill these immediately.
If the accuracy and amount of a claim is in dispute, both Lawyer and Client have the right to refer the case to the Bar Association for amicable settlement. Lawyer may deposit with the court any money received up to the amount of the disputed claim but, on the other hand, is obligated to prove the accuracy and the amount of the claim if the requested amicable settlement was unsuccessful.
With respect to fees due for representation, Lawyer has a statutory right to pledge the deposited amount.
11.8. Section 19a Austrian Legal Practice Act. If Client is awarded costs in proceedings before a court, before another public authority, or before an arbitral tribunal or if costs are awarded under a settlement, the Lawyer who has last represented Client is entitled to a right to pledge the party’s cost reimbursement claim due to their and their predecessor’s entitlement to recover their disbursements and the compensation for representation in these proceedings.
If Client was last represented by several Lawyers, the first mentioned Lawyer will have that right of pledge.
If the debtor does not pay all the costs, the last Lawyer shall divide the sum received among themselves and the former Lawyers, subject to the costs due to them and to the other Lawyers.
11.9. Assignment. In contracts with traders, Client’s claims for the recovery of costs from the opponent will be assigned to Lawyer in an amount corresponding to Lawyer’s legal fees. Lawyer may notify the assignment to the opponent at any time.
11.10. No set-off and no retention by Client. Traders may not set off their own claims against Lawyer’s claims, unless Client’s claim was acknowledged by Lawyer in writing or determined by a court. Traders have no right of retention.
11.11. Late payment. If any of Client’s payments are late, Client shall pay default interest at a statutory rate of 4% to Lawyer.
If Client was responsible for the late payment, statutory interest at a rate applicable between traders, in any event at least 9% p.a., are payable under contracts with traders, and 9% p.a. are payable under contracts with consumers. Furthermore, Client shall pay all costs and expenses arising in connection with the recovery of a payment as well as any necessary costs incurred for the proper assertion of rights, without affecting additional statutory claims.
11.12. Continued delay in payment. After Lawyer has unsuccessfully reminded Client to pay and granted another grace period of at least seven days, Lawyer may immediately accelerate the payment of all services and parts of services already provided, including those provided under other mandates granted by Client, and may temporarily suspend the provision of yet unpaid services until all compensations are paid in full.
After a second unsuccessful reminder of Client to pay within another at least 7-day grace period, Lawyer may withdraw from all mandates and may assert compensation for lost profit in addition to the payment of services already provided.
11.13. Instalment payments. If Lawyer and Client have agreed on payment by instalments, the full amount will be due if even only one instalment was not paid in due time.
Liability
12.1. General limitation of liability. Except in case of personal injury, Lawyer’s liability shall not exceed the minimum liability sum prescribed by law.
The minimum liability sum applicable to law firms organized as companies with limited liability is currently EUR 2,400,000.00, and for lawyers EUR 400,000.
The maximum amount covers all claims, especially claims for the compensation of damage and a reduction of legal fees, asserted against Lawyer due to faulty advice and/or representation. The maximum amount does not include Client’s claim for recovery of legal fees paid to Lawyer. Any deductibles will not reduce liability.
The maximum amount applies to one insurance claim. If there are two or several competing injured parties (clients), the maximum amount shall be reduced for each injured party in proportion of the amount of their claims.
If you retain a law firm, this general limitation of liability applies vis-á-vis all lawyers working for the firm (as shareholders, managing directors, employed lawyers or in other roles).
This general limitation of liability applies to contracts concluded with consumers only, provided that liability is not based on Lawyer’s gross negligence or premeditation.
12.2. Liability limited to mandate. Lawyer is liable only vis-á-vis Client, but not vi-á-vis third parties. Client is obligated to expressly bring this fact to the attention of third parties who get in touch with Lawyer’s services on account of Client’s efforts.
12.3. Limitation of liability for third-party services. Lawyer is liable for third parties that provide parts of services with Client’s knowledge (especially external experts) and who are neither employees nor shareholders only in case of culpa in eligendo.
12.4. Foreign law rules out liability. Lawyer is liable for being aware of foreign law only if there is a written agreement or if Lawyer has offered to review foreign law. Although EU law is never foreign law, the laws of the Member States are.
12.5. Transfer of risk. If items or documents are sent to traders, the risk will always transfer to Client as soon as Lawyer has handed these over to the transport company. Items and documents are generally shipped uninsured, unless Client has instructed Lawyer in writing to insure items and documents at Client’s cost and expense.
12.6. Duty to notify defects. After delivery of services, or if Lawyer requests Client to accept services on an interim basis, Client shall accept (“release”) the services provided or to be accepted within fourteen days in writing, at the latest, or notify any defect in writing.
If services shall be accepted on an interim basis, Lawyer may continue their work only after the services were accepted (”released”) on an interim basis. The trader is deemed to have accepted services automatically if they fail to accept services in due time or have used the services in advance.
Traders are required to notify any hidden defect or damage that occurs only after the 14-day deadline has expired, but within the deadlines available for the assertion of guarantee or warranty claims or damages, also within 14 days after a defect or damage was noticeable.
The trader’s notice shall describe the defect or damage in a detailed and transparent manner. The trader shall allow Lawyer to take all measures which are necessary to examine and to rectify any defect or damage.
Unless traders notify defects in due time, they are not entitled to lodge claims based on guarantee, warranty and the compensation of damage.
12.7. Inevitable or unpredictable events. Inevitable or unpredictable events, including but not limited to any delay in the fulfilment of obligations by Client, as well as delays affecting Lawyer or their contractors which were unpredictable for Lawyer, will extend deadlines or postpone target dates by the duration of the inevitable or unpredictable event, plus the time needed to take the organizational measures in such a case. Lawyer shall notify Client thereof in writing.
12.8. Grace period. Client is entitled to assert claims due to non-compliance with deadlines or target dates only if Client has granted Lawyer a reasonable grace period of at least 14 days in writing.
12.9. Statute of limitation. Unless a shorter statutory limitation or preclusive period applies by law, all claims of traders vis-á-vis Lawyer shall forfeit, unless such claims are asserted by traders in court prior to the expiry of the deadline; warranty claims forfeit within six months of the date on which the service was provided, and all other claims, especially those for the compensation of damage, forfeit within six months of the date on which the damage, the injuring party and the other event giving otherwise rise to a claim is known, and in any event after three years of the date on which the event giving rise to the damage or claim has occurred, at the latest.
No-solicitation
13.1. No solicitation. Client may not entice away any of Lawyer’s employees. This agreement survives three years after termination of a mandate. Any infringement of this obligation carries a penalty equal to the gross annual salary of the solicited employee.
Data protection
14.1 Purpose of processing. Lawyer will process Client data only for the performance of the Client engagement in line with legislation and the terms of engagement according to the law or according to the mandate granted by Client.
14.2 Legal basis of processing operations. The legal basis for the processing of Client data is summarized below:
in case of a prior meeting or an engagement (mandate)
— Art. 6 (1) (a) GDPR (“consent”) or Art. 6 (1) (b) GDPR (“preliminary contract, contract”) in connection with the processing of criminal convictions and criminal offences, while the attorney-client privilege according to Section 9 RAO constitutes an appropriate guarantee for Client’s rights and freedoms pursuant to Art. 10 GDPR
— Art. 9 (2) (a) GDPR (“consent“) in connection with the processing of special categories of personal data
— Art. 6 (1) (b) GDPR (“preliminary contract, contract”) in connection with the processing of other personal and non-personal data
— the Austrian Federal Tax Code (BAO) in connection with the performance of retention obligations according to tax law.
14.3 Worldwide processing. If Lawyer processes data in a third country, Lawyer will take special measures to guarantee the security of data, including but not limited to encrypted transfer and retention of data.
14.4 No obligation to give consent / to hire Lawyer. Client is not obligated to give consent (in case of criminal convictions and criminal offences or in case of special categories of personal data ) and to hire Lawyer. However, if no consent is given or Client does not grant a mandate, Lawyer will not be able to accept the case.
14.5. Right to withdraw consent. As a Client, you may withdraw your consent at any time. If you withdraw your consent, we will cease the processing operations, unless there is any other legal basis which justifies the processing of data. The exercise of the right of withdrawal does not affect the lawfulness of data processed until that right was exercised.
14.6. Retention period. We will retain Client data at least throughout the mandatory retention periods stipulated by tax law, i.e. regularly up to seven calendar years after termination of the engagement (mandate), and are allowed to retain data until all obligations arising from the engagement (mandate) have ceased to exist.
14.7. Confidentiality obligation. Transfer of data to other recipients. Client data are subject to agreed or strict statutory attorney-client privilege and the statutory protection of personal and enterprise-based data. Except for the transfer of data to postal services providers (if documents are sent by post), to banks (in case of money transfers), to tax advisors in connection with bookkeeping, to other lawyers who act as deputies, and to authorities and courts, Client data are transferred only on the basis of legislation or otherwise in agreement with Client.
14.8. Legal and event information. Provided that Client has given consent to receive legal and event information from Lawyer, Lawyer will process Client’s personal data based on the consent to receive legal and event information, until such consent is withdrawn by Client or Client objects thereto.
14.9. Right to withdraw consent or to object to direct marketing. Clients have the right to withdraw their consent at any time or to object to the use of their data for the purpose of direct marketing. If you withdraw your consent, we will cease the processing operations, unless there is any other legal basis which justifies the processing of data. The exercise of the right of withdrawal does not affect the lawfulness of data processed until that right was exercised. In case of an objection, we will cease the processing of Client’s personal data for the purpose of direct marketing.
14.10. Rights of data subjects. Client has the right to information, to rectification and erasure of their personal data, the right to restrict processing, the right to data portability, and the right to file a complaint with the data protection authority.
Deposit Guarantee Scheme
15.1. Lawyer’s escrow accounts. The law firm’s escrow accounts are kept with Salzburger Sparkasse Bank AG. Lawyer has signed the information leaflet according to Section 37a Austrian Banking Act (BWG) for these escrow accounts. The general limit for the guarantee of deposits pursuant to the Federal Deposit Guarantee and Investor Compensation with Credit Institutions Act (Einlagensicherungs- und Anlegerentschädigungsgesetz – ESAEG, Federal Law Gazette I 117/2015) covers also deposits on these escrow accounts.
15.2. Client’s deposits. If Client also has deposits with Salzburger Sparkasse Bank AG, these deposits are added to the escrow monies for the purpose of establishing the maximum cover of currently 100,000 Euros per depositor; there will be no separate deposit guarantee.
Final provisions
16.1. Applicable law. All legal relationships between Client and Lawyer shall exclusively be governed by and construed in accordance with Austrian law, to the exclusion of international conflict of law rules. The provisions of the UN Sales Convention shall not apply.
16.2. Dispute resolution. The Austrian dispute resolution agency for consumer transactions (www.verbraucherschlichtung.or.at) will act as non-judicial dispute resolution body for disputes between lawyers and consumers. Lawyer is not obligated to refer a dispute for resolution or subject themselves to this body and will decide whether to participate in a dispute resolution procedure in a particular case.
16.3. Jurisdiction. All disputes arising between Lawyer and traders shall be referred to the Austrian court having jurisdiction ratione materiae for the City of Salzburg. Lawyer may also sue traders at the general venue of Lawyer and that of a trader.
