Mandate and remuneration agreement
§ 1 Mandate Agreement
I These general mandate terms and this remuneration stipulation apply for mandate-client contracts, notably for giving advice, providing information, procuring a business or conducting of a case between Dr. Schwörer and a client.
II This agreement applies also so far as the legal service fades into the background. This may take place for example in the following cases: if the service contains in whole or partly economic advice or economic psychological advice or if the service is of mediative nature or the service is an escrow service or a facilitation or a brokerage service. This applies particularly regarding the cross border freedom to provide service.
III This agreement applies also for all future legal relationships with a client.
§ 2 Comprehension of mandate and remuneration agreement
I A provision of an individually negotiated agreement prevails, as far as this individual provision contains such a provision, which varies from the provisions of this agreement. An individual agreement replaces this agreement only completely, if this agreement is expressively and comprehensively waived.
II This agreement replaces all and every written or oral agreement, which was concluded before this agreement entered into effect. This agreement governs conclusive the mandate-client relationship of Dr. Schwörer and a client, unless a written addendum is agreed, which is declared to be a component unit of this agreement.
III Business terms of a client do not apply, unless agreed otherwise in writing.
§ 3 Scope of Mandate
I Purpose of the mandate is an agreed service and not the performance of a certain success. This does not apply, as far as the procurement of a facilitation or a brokerage service is in the foreground and Dr. Schwörer and the client have agreed in writing.
II Information, Advice and explanation are only compulsory upon a written affirmation.
III Dr. Schwörer handles a mandate only from the perspective of the European law and the international and supranational law which applies in Europe.
IV The rights of the mandate relationship which are due to a client can only be assigned with prior consent of Dr. Schwörer.
V Dr. Schwörer is eligible to count on the correctness and completeness of the data submitted by a client. Dr. Schwörer is not obliged to verify the submitted data. However, Dr. Schwörer is entitled to verify the data submitted by a client.
VI Dr. Schwörer is authorized to give a sub-power of attorney.
§ 4 Remuneration agreement
I In private, public, administrative or tax law a remuneration is due according to the value of the matter and the german federal law for attorney remuneration fee.
II In matters of criminal law (also tax evasion law) the remuneration is 50 € per each commenced 15 minutes, except where the remuneration according to the german federal law for attorney remuneration fee is higher.
III Several clients are liable to Dr. Schwörer for the remuneration in a repective matter as joint debtors.
IV As long as Dr. Schwörer has not received an advance money, Dr. Schwörer is entitled but not obliged to start performing a service.
V The remuneration is due with recipience of the invoice and payable within 14 days as from the date of invoice.
VI Car travel costs are charged with 0,42 €/ km. The client is hereby informed that even in the case of a judicial recovery only 0,30 €/km is reimbursable by the defeated party.
VII Dr. Schwörer may charge a proper advance money and may invoice monthly.
VIII All fees are plus value added tax.
IX A remuneration according to the german federal law for attorney remuneration fee is substituted by a contingency fee, if and as soon as Dr. Schwörer and the contractual party conclude a special Fee Agreement. A facilitation or brokerage service is remunerated with 1% of the transaction value in favor of Dr. Schwörer, as far as there is no other agreement. In this case, the liability amount guaranteed according to § 5 of this agreement of 1.000.000 € is substituted by the amount of 1.000 €, unless there is a written contract stipulating a specific legal service in combination with a facilitation service of Dr. Schwörer and because Dr. Schwörer is consequently not mandated as attorney admitted at the bar in such a case.
§ 5 Liability, Limitation of Liability
I Dr. Schwörer is liable to the client for deliberately caused damages, unconcerned about which legal basis.
II The liability of Dr. Schwörer by the relationship to the client for indemnity by ordinary or slight negligence is hereby limited to 1.000.000  Euro in each matter and to 2.500.000 € in a year.
III The liability for gross negligence is not comprehended by the previous provision. The parties wish to avoid ambiguities and controversies concerning these vague legal terms:

Beyond that, it shall be straightened out that Dr. Schwörer is unlimitedly liable for any willful injury.
IV Dr. Schwörer offers the option to conclude an additional and therefore higher indemnity insurance, as long as the client commits to bear the higher insurance costs.
§ 6 Correspondence and data privacy
I Dr. Schwörer may communicate by email with the client and a third party. Dr. Schwörer indicates that such electronic data transfer via the internet is unsecure concerning confidentiality. Dr. Schwörer offers encrypted communication by email with PGP.
II Dr. Schwörer may collect, save and use disclosed private data within the purpose of the mandate.  
§ 7 Assignment for security, offsetting with due claims
I The client assigns all claims of reimbursements of expenses for security to Dr. Schwörer with entitling Dr. Schwörer to indicate the assignment to the payer on behalf of the client. Dr. Schwörer will not collect the claim, as long as the client serves his/ her payment obligations.
II Dr. Schwörer may offset incoming reimbursement and other amounts in favor of the client with due remuneration fee amounts, as far this is permitted by law.
§ 8 Applicable law and venue
This agreement and terms shall be governed by and construed in accordance with the laws of Germany. If the English legal meaning differs from the German legal meaning of this agreement and its terms, the German meaning shall prevail. All contractual relationships of the parties shall be governed exclusively by german law without those provisions of the german international private law referring to the law of another state. The venue is Rastatt. Dr. Schwörer is entitled to sue the client at his/her legal domicile.
§ 9 Severability clause
If any provision of this agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this agreement and rendered ineffective as far as possible without modifying the remaining provisions of this agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this agreement. Any ineffective provision shall be substituted by such a provision, which comes economically as close as possible to the ineffective provision. In such a case, the parties are obliged to precipitate a compromise. Without achieving a compromise a court shall determine an effective provision.