Terms of Engagement for Consultation Services

Metzler Legal, Rechtsanwalt Jacob Metzler, Friedrichstraße 94, 10117 Berlin

§ 1 Contracting Party and Scope

Rechtsanwalt Jacob Metzler, Metzler Legal, Friedrichstraße 94, 10117 Berlin, offers the consultation services "consultation up to 1 hour" and "consultation by effort" via metzler-legal.de. These terms apply to bookings of these services. The offer is directed exclusively at business customers within the meaning of § 14 BGB (German Civil Code) and is not provided to consumers. By booking, the customer expressly confirms that they are using the consultation service in the course of their trade, business, or profession.

§ 2 Scope of Services

The subject matter of the consultation up to 1 hour is a phone consultation on a clearly defined question in the area of trademark law, competition law, copyright law, contract law, or related fields. Processing time includes the review of the facts and documents submitted by the client necessary for the consultation, up to a total of 60 minutes of work. Further written analysis, research, or representation is not included.

If the required work foreseeably exceeds the agreed 60 minutes due to the volume of submitted documents or the complexity of the matter, Rechtsanwalt Metzler will flag this to the client and offer to continue under a consultation by effort or a separate fee agreement. There is no obligation to continue working beyond that without additional compensation.

The consultation by effort is charged on a time basis at an hourly rate agreed separately for that purpose, and covers the activity agreed in the individual case. The specific scope and hourly rate are agreed separately with the client before work begins.

A written summary of the key points by email is part of the service. Oral information provided during the consultation is not binding unless confirmed in writing.

§ 3 Processing Time

Response is provided within 24 hours of payment. Orders placed outside business hours (weekdays 9am–6pm) extend this deadline to the end of the next business day. If further information or documents are needed, the deadline restarts upon their complete receipt.

This 24-hour window covers both the decision on whether to accept the mandate (§ 6) and, if accepted, the start of substantive work.

§ 4 Fees and Payment

The fee for the consultation up to 1 hour is the fixed price stated on the website plus statutory VAT, due at booking. Payment is made by credit card, Amazon Pay, Apple Pay, Google Pay, or PayPal. The consultation by effort is invoiced upon completion or at agreed billing intervals and is due immediately.

§ 5 Withdrawal, Cancellation and Termination

Once Rechtsanwalt Metzler accepts the mandate (§ 6), he begins substantive work without delay. From that point, no refund of the fee paid is possible. If Rechtsanwalt Metzler declines the matter (§ 6), the fee is refunded in full.

No statutory consumer right of withdrawal applies, as this is not a consumer transaction (§ 11).

§ 6 Contract Formation and Rejection of the Mandate

By booking and paying, the customer submits an offer to enter into a consultation agreement. Rechtsanwalt Metzler decides, after reviewing the booking and the facts provided, whether to accept the mandate; there is no entitlement to acceptance. He reserves the right, in particular, to decline a matter if, in his assessment, the facts described are not suited to this form of consultation, for example because the matter exceeds the scope of a consultation up to 1 hour by phone, falls outside the offered legal areas, or presents a conflict of interest.

If Rechtsanwalt Metzler declines the matter, the customer is notified without delay and the fee already paid is refunded in full (§ 5). As acceptance is not customarily expected to be declared to the offeror for this type of transaction, the consultation agreement is formed under § 151 BGB when Rechtsanwalt Metzler begins substantive work on the matter, without requiring a separate declaration of acceptance to the customer.

A pre-formulated liability limitation clause under § 52 para. 1 no. 2 BRAO requires insurance coverage of four times the statutory minimum insurance sum. Since that coverage does not exist, these terms contain no liability limitation; statutory liability applies.

§ 7 Liability Toward Third Parties

The consultation service is provided exclusively to the client. Rechtsanwalt Metzler assumes no liability or responsibility toward third parties, unless they are expressly included within the protective scope of the mandate by written agreement.

§ 8 Communication Channels

Unless expressly agreed otherwise, communication between Rechtsanwalt Metzler and the client takes place by email and/or phone using the contact details provided by the client. The client is advised that unencrypted email communication is not protected against access by unauthorized third parties.

§ 9 File Retention and Destruction

Files are retained after the mandate ends in accordance with the statutory retention periods and are then destroyed.

§ 10 Attorney Confidentiality and Data Protection

All information provided by the client is treated confidentially. Rechtsanwalt Metzler is bound by statutory attorney confidentiality. Details on the processing of personal data can be found in the Privacy Policy.

§ 11 Exclusion of Consumer Transactions

The offer is directed exclusively at business customers within the meaning of § 14 BGB; no contract is intended to be formed with consumers. By booking, the customer expressly declares that they are acting as a business (see the corresponding notice on the booking form). If the customer actually acts as a consumer contrary to this declaration, the customer indemnifies Rechtsanwalt Metzler against all claims and disadvantages arising from that inaccurate declaration.

§ 12 Final Provisions

These terms are governed by German law. Place of jurisdiction is Berlin, Germany.