General Terms and Conditions
- The following mandate conditions are
valid for all court, local authority and out-of-court representation
and other activities that may take place during the duration of the
contractual agreement between Jakobljevich & Grave
Rechtsanwälte GmbH (thereafter JG) and the client. They are valid
for existing and future mandates.
- The client is obliged to submit a
complete, written power-of-attorney to JG, as far as it is necessary
and helpful for the fulfillment of the client’s brief.
- JG will represent the said client and
the interests of the client vis-à-vis other parties with due
zealousness, loyalty and diligence. Should the legal situation end
following the end of the mandate, JG is not obliged to inform the
client of post-mandate changes or their effects.
- Unless agreed otherwise, the services
provided by JG will be billed to the client using the legal-fee tariff
list (RATG), taking as a basis the general fee criteria for attorneys
(AHK), or following an agreed hourly-fee basis excluding expenses and
VAT. The use of higher hourly fees for future services is only
permitted after a 14-day notification period without justified
objection by the client.
- Internal expenses (telephone, fax,
and databank costs) will be calculated on a pro rata basis of 3 % of
the value of the total fee sum billed. External expenses (travel costs,
translation costs etc.) will be billed according to the exact sum
- The billing of representation
activities will be carried out monthly or quarterly, unless agreed
otherwise. Invoices are payable immediately upon receipt and without
- The client will provide JG with
his/her VAT ID (Value Added Tax Identification Number) and the exact
wording of the company name and address as given to the tax authorities.
- Contracts, concepts, expert reports,
lists and calculations etc. compiled by JG during the course of
representation must be used exclusively for the client; passing on such
items to third parties and using these items in the interest of third
parties, requires JG‘s explicit, written consent. JG is only
liable to its clients and not to third parties. The client is obliged
to inform third parties that have come in contact with JG’s
services due to the client’s course of action of this.
- The liability of JG and all attorneys
and legal staff working for the firm is limited to € 2.4 million
(two million and four hundred thousand euros) in all cases of damage or
loss. This liability limitation is valid as long as the client is
considered a consumer as under the terms of the Consumer Protection Act
and only in cases of damage resulting from slight negligence. In such
cases, JG is covered by liability insurance.
- All claims (if the client is
not an entrepreneur as defined by the Consumer Protection Act, but no
warranty claims) against JG lapse, if they are not brought to court
within a period of six months (if the client is an entrepreneur as
defined by the Consumer Protection Act) or within a year (if the client
is not an entrepreneur) from the time point at which the client becomes
aware of the damage and the individual causing the damage or other
events that may result in damage claims, or at the latest after a
period of five years following the damage (claim) causing behavior
(breach), as long as there is legally no shorter time limit or
- JG may issue subcontracts and substitute powers of attorney to third parties during the course of the contractual relationship.
- JG may send back deeds and
certificates in their original form to clients according to the
conditions in the contract upon the request of the client. JG has the
right to keep copies of all official documents. Should a client wish
the return of written documents (copies of written documents) that have
already been received as part of the work with him/her, these may be
returned following the termination of the mandate at the cost of the
client. JG is obliged to keep the files for a period of five years
following the termination of the mandate, during which time they may be
handed to the client if he/she should request them; the costs of which
will be borne by the client. Should the law require that documents be
held for a longer duration, such regulations must be followed. The
client agrees to the destruction of files (also of original documents)
following the end of the safekeeping period.
- Storage of documents and deeds
and the client relationship regulated by the given mandate conditions
are subject to Austrian substantive law. Any legal disputes arising
from or in connection with the contractual relationship regulated by
the contractual conditions, including disputes about their validity,
will be subject to the exclusive jurisdiction of the competent court at
the location of the registered JG office, unless this conflicts with
peremptory norms. However, JG has the right to file claims against the
client at any other court in Austria or abroad in the administrative
district where the client has his/her registered office, residence,
branch or assets. With regards to clients who are consumers under the
Consumer Protection Act, the rules on jurisdiction will be applied
according to § 14 of the Consumer Protection Act.
- Changes and amendments to these
mandate conditions must be in written form to be valid, provided that
the client is not a consumer under the conditions stated in the
Consumer Protection Act.
- Statements by JG to the client
are considered as being delivered when they have been sent to the
address stated by the client upon the employment of the services of JG
or to a different address given to JG by the client in written form
after employing the services of JG. JV may communicate with its client
in a suitable manner chosen by JG, unless agreed otherwise.
- Statements which must be in a
written form according to the mandate conditions can also be sent via
fax or e-mail, unless agreed otherwise. JG is entitled to communicate
with its client via decrypted email, unless the client has provided JG
with a written instruction stating otherwise. The client declares that
he/she has been informed of the associated risks (in particular:
access, secrecy, modification of e-mails during transfer) and has
agreed to accept that e-mail communication will be conducted in
decrypted form, in full knowledge of the above risks.
- The client expressly agrees
that JG insofar processes, makes available and transfers (according to
the Data Protection Act), person related data associated with the
client and/or his/her company, as this is necessary and useful for the
tasks given to JG by the client or is required from JG because of legal
or ethical obligations.
- If individual terms of these
contract conditions are or become ineffective and/or void, this fact
will have no effect on the validity of any remaining agreements. The
parties to the contract agree to replace the ineffective/void term(s)
by those which serve the business purpose as closely as possible.
These general terms and conditions have been drawn up in German and
English. The German text will be binding in the event of any difference
in content or interpretation.