Terms

Within the scope of these terms and conditions and within the scope of the further notes, the following shall apply:

"Temion" resp. "we": the Temion Litigation Rechtsanwaltsgesellschaft mbH (see: Imprint)

"Legal seeker"A person who seeks legal advice from Temion or through Temion.

"Legal service provider"A provider acting in a commercial capacity who offers a (usually legal) service on the Temion platform, regardless of whether this is to be classified as a "legal service provider" under the relevant law of the European Union or the member state; this may also be Temion itself.

"Processor": one person, in accordance with Art. 4 No. 8 Regulation (EU) 2016/679 (GDPR).

"Consumer"Consumer in accordance with the Art. 2 No. 1 of the Directive 2011/83/EU

"Platform": the Temion website, including its functionalities.

Overview:

GTC

1. scope of application and user

These General Terms and Conditions (GTC) govern the contractual relationship between the Temion and the Legal seekersn.

These GTC apply to all present and future contractual relationships, unless expressly agreed otherwise in writing.

2. essential subject matter of the contract and mutual obligations

The object of the contract is the provision of legal services to the person seeking legal advice within the scope of the natural and legal (life) circumstances.

Within the scope of the contract, Temion assumes the management of the legal affairs of the person seeking legal assistance within the scope of the natural and legal (life) circumstances as specified when the contract was concluded. In addition to handling the case, this includes in particular the development and monitoring of a litigation strategy.

2.1 Process management and strategy

Temion may act itself within the scope of or for the fulfillment of this contract or make use of third parties. In particular, Temion is entitled to

to instruct law firms on behalf of the person seeking legal advice, either by instructing them themselves or by granting a sub-authorization.
conduct settlement negotiations with the other party and approve them.
To make financially binding decisions for the person seeking legal advice, insofar as these are required in the context of contract processing.

Prior to the conclusion of a settlement of the case, the consent of the litigant shall be obtained. If the claimant does not respond within a reasonable period of time (which shall be at least seven days and shall commence with the sending of the e-mail informing the claimant of the settlement), the intermediary may approve, reject or renegotiate the settlement or terminate the contractual relationship at its reasonable discretion.

The applicant grants Temion a power of attorney, which also entitles Temion to be commissioned, including the granting of a sub-authorization. This power of attorney must be sent to Temion in duplicate in the original (at the expense of the person seeking legal assistance and in duplicate).

In this respect, Temion clarifies that it may be necessary to temporarily suspend a case as part of a broader litigation strategy.

2.2 Obligations of the person seeking justice

In particular, the applicant is obliged to do the following:

To provide truthful, comprehensive and complete information about facts and circumstances relating to the matter.
To submit requested documents and data in an organized form.
Letters and pleadings sent to him by the lawyer, immediately
carefully check whether the information contained therein is true and complete. And notify us immediately of any necessary corrections.
Maintain the specified communication channels and check for receipt of Temion at least every other day (for items in the "urgent" category: daily). A shorter check period can be determined within the scope of the case. Changes to the communication channels must be updated immediately.

A breach of fiduciary duty exists in particular if the obligations are violated.

Unless otherwise agreed upon conclusion of the contract and ...

insofar as the matter is not covered by legal expenses insurance on the part of the person seeking legal protection, and
unless counseling, legal aid or legal aid is granted,

Temion shall indemnify the applicant against all third-party liability claims arising in the course of the legal proceedings, in particular court costs and the costs of the opposing party, as well as its own and the opposing party's legal fees.

Temion may make the further execution of the contract dependent on the cooperation of the person seeking legal assistance. If the person seeking legal assistance fails to cooperate, he is acting in breach of trust.

4. ancillary duties and obligations

The applicant agrees that no physical file will be kept.

Temion will inform the claimant, if his cooperation is necessary or required, if a case is returned before a settlement is reached and otherwise about the outcome of the proceedings; otherwise, without prejudice to other claims, the claimant will be proactively informed about the progress of the proceedings.

In the event of a PKH/VKH review procedure, the following applies: Temion's obligation to act and that of any (sub)authorized persons is limited in any case to sending a letter of demand or notification by the usual means of communication to one of the
last known addresses of the person seeking justice.

5 Conclusion of the contract

The contractual relationship is established in one of the following ways:

a) Regular contracting ("regular")

The person seeking legal advice submits a non-binding request for a contract (via the Internet form provided).
The person seeking legal advice receives a power of attorney and contractual documents (including these GTC) for signature from or via Temion.

The contract is concluded as soon as Temion receives the signed document (in the original written form).

b) Immediate contracting ("urgent")

In addition, immediate contracting can take place as follows:

The person seeking legal advice sends a binding contracting request (via the Internet form provided).
Temion confirms the conclusion of the contract by e-mail or SMS.

The contract is concluded as soon as Temion has confirmed the conclusion of the contract.

6. cooperation with law firms

Temion independently selects a suitable law firm to process the contract. The person seeking legal assistance may not pursue legal enforcement for the same matter by means of another contractual relationship, and in particular may not mandate a law firm himself (or through a third party).

If a commissioned law firm is no longer available or refuses to process the matter, the contractual relationship with Temion remains in place. Temion will appoint another law firm.

7 Liability & risks

Temion shall indemnify the party seeking legal assistance from economic risks, in particular from the obligation to pay the opposing party's legal fees and court costs, provided that the party seeking legal assistance does not act in gross breach of trust. The following applies in particular:

7.1 Liability for strategic errors.

Temion accepts liability for errors in the litigation strategy; this applies to its own errors and to errors made by a (sub-)authorized law firm.

7.1 Liability for legal errors

Temion also assumes liability vis-à-vis the person seeking legal assistance and third parties for legal errors made by a (sub-)authorized law firm. The person seeking legal advice therefore does not have to deal with the law firm himself. As security, the person seeking legal assistance assigns any recourse claims against the law firm to Temion free of charge.

8. conduct in breach of trust

If the person seeking legal assistance acts in breach of trust, Temion is entitled to terminate the contractual relationship. Before terminating the contractual relationship, Temion may also initially suspend processing, of which the person seeking legal assistance must be informed. A case whose processing has been suspended may also be terminated later by Temion at its own discretion (but only at its reasonable discretion with regard to the time of termination).

Furthermore, in the event that the conduct of the person seeking legal advice is in breach of trust, Temion shall not be obliged to assume the liability risks or to indemnify the person seeking legal advice against the liability risks.

However, the original obligation to indemnify or transfer liability is revived if a case whose processing has been discontinued is continued.

9. remuneration & fees

Temion's remuneration may consist of the following components:

Profit-sharing (percentage of the amount achieved), with a minimum amount if applicable
Minimum fees or amount
RVG fees

The remuneration model that applies in each individual case is specified in the order form when the contract is concluded.

If the person seeking justice has to make a contribution to the costs, this is also regulated transparently in the assignment form.

The person seeking legal assistance assigns to Temion all claims for reimbursement of costs by the opposing party, legal expenses insurance or other third parties in the amount of the fee claim of (sub)contracted lawyers or law firms. Temion accepts the assignment.

Insofar as the law firm has (also) been commissioned to handle the settlement with the legal expenses insurer (RSV), the law firm is expressly released from the duty of confidentiality.

10. note: opponent insolvency

If the other party is unable to pay and the amount awarded cannot be realized, Temion continues to assume the economic risks vis-à-vis third parties - unless the party seeking legal action acts in bad faith.

11. accounting

The person seeking legal advice will be provided with a complete statement of account at the latest when the amounts are paid out. The person seeking legal advice releases Temion from the formal requirements of the RVG for a lawyer's invoice and agrees that Temion may also offset its own claims against values received in trust immediately after receipt of the service.

12. termination & termination of the contractual relationship

12.1 Binding of the person seeking justice

The applicant may terminate the contractual relationship for good cause; otherwise he is bound by the contractual relationship.

In particular, good cause shall also be deemed to exist if the processing of the matter to which a termination relates has been suspended for at least 3 months.

12.2 Consequences of termination without good cause or parallel commissioning

If the person seeking legal advice terminates the contract without good cause or engages another law firm in parallel in the same matter, he/she shall owe Temion the fees that would have been incurred under the RVG. In this case, the exemption from economic liability shall lapse and the person seeking legal assistance shall bear the costs incurred, including any costs incurred or to be incurred by the other party.

If a commissioned law firm is no longer available or refuses to process the matter, the contractual relationship with Temion remains in place.

13. data protection & confidentiality

13.1 Exemption from the duty of confidentiality

The applicant releases Temion from the duty of confidentiality:

Towards the opposing party and their legal representatives and their insurer
Other lawyers, including members of those professions with which lawyers would be permitted to practise jointly;
clearing houses and payment service providers;
Companies whose services Temion uses to fulfill the contract or a legal obligation (insofar as they themselves are bound to confidentiality or secrecy);
The law firm is exempt from the duty of confidentiality towards authorities and government agencies, in particular investigative or supervisory authorities;
insurers, in particular liability, legal expenses, accident and health insurers;
Public or private bodies providing legal aid (legal aid offices or litigation funders).

A more extensive exemption can be agreed as part of the commissioning.

13.1 Exemption from the duty of confidentiality

The applicant releases Temion from the duty of confidentiality:

Towards the opposing party and their legal representatives and their insurer
Other lawyers, including members of those professions with which lawyers would be permitted to practise jointly;
clearing houses and payment service providers;
Companies whose services Temion uses to fulfill the contract or a legal obligation (insofar as they themselves are bound to confidentiality or secrecy);
The law firm is exempt from the duty of confidentiality towards authorities and government agencies, in particular investigative or supervisory authorities;
insurers, in particular liability, legal expenses, accident and health insurers;
Public or private bodies providing legal aid (legal aid offices or litigation funders).

A more extensive exemption can be agreed as part of the commissioning.

13.2 Data storage, processing & forwarding

The person seeking legal advice consents to the automatic processing and forwarding of his/her data to billing offices and IT service providers insofar as this is necessary for the execution or handling of the contract.

13.2.1 Data transfer

Insofar as the platform is used to Contract with a legal service provider the data will also be forwarded to this provider; you can find out the identity of this provider on the provider page. A link to the provider page can be found on the right-hand side of the order page.

Our processors for the Automatically generated data are:

Hetzner GmbH
BrazenTellurite.io GmbH
Friendly Captcha GmbH

The person seeking justice may request the deletion or correction, provided that there are no legal obligations to the contrary.

13.2.2 Duration of data storage

Personal data originating from automated processing (in particular in log files) will be deleted after 31 days at the latest, unless there is a factual suspicion that this data is needed to prosecute criminal offenses.

Data is stored for the duration of the contract and only stored for as long as required by law; it is stored for at least 6 years from the end of the contractual relationship (reason: legitimate interests) and 10 years from the date of settlement (reason: tax compliance).

13.2.3 Place of data storage

Our data centers are located in the EU (Germany, Finland, Estonia).

14. final provisions

Insofar as the person seeking justice is not a consumer within the meaning of European Union law, the following applies:

The law of the Federal Republic of Germany shall apply.
The place of jurisdiction is the registered office of Temion.

Furthermore, the parties agree that the law of the Federal Republic of Germany has the most intensive reference to the contractual relationship.

15. severability clause

Should any provision of these GTC be invalid, the remaining provisions shall remain valid.

Imprint

Information on provider identification, the supervisory authorities and other mandatory information can be found in the Imprint.

Notes and mandatory information

Cancellation policy

If you conclude this contract in your capacity as a consumer (a.) outside the premises of Temion or (b.) using exclusively means of distance communication, you have a right of withdrawal, about which you are informed below:

The person seeking legal assistance will receive a separate revocation instruction and a revocation form with the same shipment.

1. name, address, identity, register and directories of the company

see: Imprint

Detailed information on legal fees

It should be noted that lawyers' fees (unless otherwise agreed) are calculated according to the value of the matter in question. Detailed information on the calculation of lawyers' fees can be found on the Information page of the German Federal Bar Association (BRAK) on fee law.

The person seeking legal advice is advised that there is no entitlement to reimbursement of lawyers' fees or other costs in labor court disputes out of court or in the first instance. In such proceedings, each party bears its own costs regardless of the outcome. This also applies in principle to costs in proceedings of so-called "voluntary jurisdiction". In disputes before the labor court (1st instance), it is also possible to appear in court yourself or to be represented by a representative of the association (or another person of trust).

Detailed information on expenses

The expenses to be reimbursed are also regulated in the schedule of fees of the German Lawyers' Fees Act.

Detailed information on court costs

The court costs are made up of the court fees and the court expenses. The court costs are calculated on the basis of the
Court Costs Act (GKG), the Court and Notary Costs Act (GNotKG) and various ancillary laws. Further details Information for the whole of Germany can be found on the information page of the NRW judiciary on court fees.

Detailed information on financial aid

If you cannot afford to pay for legal advice, you do not have to forego the enforcement of your rights. Private financial assistance (e.g. litigation funding), legal aid and legal aid are available to help with this.

Cancellation policy

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the date of conclusion of the contract.
To exercise your right of withdrawal, you must send us

Temion Litigation Rechtsanwaltsgesellschaft mbH,
Treppenstraße 5, 34117 Kassel

by means of a clear statement (e.g. a letter sent by post).
of your decision to withdraw from this contract by letter, fax or e-mail.

You can use the attached sample withdrawal form, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal: If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.

For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.

If you have requested that the services should begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

Data protection information

This data protection information applies to data processing by Temion (contact, see above). You are not Part of the General Terms and Conditions.

The data protection officer can be contacted at the above address or at datenschutz@temion.eu.

Collection and storage of personal data and the nature and purpose of its use

1. data processing and confidentiality

1.1 Automatically generated data

When you visit our website, the browser used on your device automatically sends information to the server of our website. This information is temporarily stored in a so-called log file. The following information is collected without any action on your part and stored until it is automatically deleted (see below):

IP address of the requesting computer,
Date and time of access,
Name and URL of the retrieved file,
Website from which access is made (referrer URL),

the browser used and, if applicable, the operating system of your computer and the name of your access provider.

We process the aforementioned data for the following purposes:
Ensuring a smooth connection to the website,
To ensure a comfortable use of our website,
Evaluation of system security and stability.

Insofar as the storage and processing is not already permitted on the basis of the consent of the person seeking legal advice or otherwise in accordance with Art. 6 para. 1 sentence 1 lit. a to c GDPR, it is Legal basis for data processing is Art. 6 para. 1 sentence 1 lit. f GDPR. Our legitimate interest follows from the data collection purposes listed above.

Under no circumstances do we use the data collected for the purpose of drawing conclusions about your person. In addition, we use cookies and internal analysis services when you visit our website.

1.2 Data collected with the cooperation of the person seeking justice

Insofar as data is disclosed by the person seeking legal advice as part of the assignment or conclusion of the contract, it is stored and processed in accordance with Art. 6 para. 1 sentence 1 lit. a to c GDPR.

1.3 Exemption from the duty of confidentiality

The applicant releases Temion from the duty of confidentiality:

Towards the opposing party and their legal representatives and their insurer
Other lawyers, including members of those professions with which lawyers would be permitted to practise jointly;
clearing houses and payment service providers;
Companies whose services Temion uses to fulfill the contract or a legal obligation (insofar as they themselves are bound to confidentiality or secrecy);
The law firm is exempt from the duty of confidentiality towards authorities and government agencies, in particular investigative or supervisory authorities;
insurers, in particular liability, legal expenses, accident and health insurers;
Public or private bodies providing legal aid (legal aid offices or litigation funders).

A more extensive exemption can be agreed as part of the commissioning.

1.4 Data storage, processing & forwarding

1.4.1 Data transfer

Our processors for the Automated processing are:

BrazenTellurite.io GmbH under German law
Friendly Captcha GmbH according to German law
Hetzner GmbH under German law
Deutsche Post AG under German law
bpost public limited company under Belgian law

The person seeking justice may request the deletion or correction, provided that there are no legal obligations to the contrary.

1.4.2 Duration of data storage

1.4.3 Place of data storage

Our data centers are located in the EU (Germany, Finland, Estonia).

2nd cookie

We use cookies on our website. These are small files that your browser automatically creates and that are stored on your end device (laptop, tablet, smartphone, etc.) when you visit our website. Cookies do not cause any damage to your end device and do not contain any viruses, Trojans or other malware. Information is stored in the cookie that results in each case in connection with the specific end device used. However, this does not mean that we obtain direct knowledge of your identity as a result. On the one hand, the use of cookies serves to make the use of our website more pleasant for you. For example, we use so-called session cookies to recognize that you have already visited individual pages of our website. These are automatically deleted after you leave our site. In addition, we also use temporary cookies to optimize user-friendliness, which are stored on your end device for a specified period of time. If you visit our site again to make use of our services, it is automatically recognized that you have already visited us and which entries and settings you have made so that you do not have to enter them again. On the other hand, we use cookies to statistically record the use of our website and to evaluate it for the purpose of optimizing our offer for you (see section 5). These cookies enable us to automatically recognize that you have already visited our website when you visit it again. These cookies are automatically deleted after a defined period of time. The data processed by cookies is required for the purposes mentioned to protect our legitimate interests and those of third parties in accordance with Art. 6 para. 1 sentence 1 lit. f GDPR. Most browsers accept cookies automatically. However, you can configure your browser so that no cookies are stored on your computer or a message always appears before a new cookie is created. However, completely deactivating cookies may mean that you cannot use all the functions of our website.

3. analysis tools

We do not use advertising staplers.
In order to compile visitor statistics on our websites in compliance with data protection regulations, we use the tool Matomowhich we host locally.

4. server log file

When you visit our website, your browser automatically sends information to the server of my website, where it is stored in various files (a so-called "log file"). Specifically, this concerns the following data:

IP address of the accessing computer Website from which you accessed our site (referrer URL) Your browser used (type and version) Your operating system Host name of your computer (if specified) Date and time (including the time zone) of access, possibly also the name of your access provider, possibly also the name and URL of the file accessed on our server The above data is processed for the following purposes:
Ensuring a smooth connection setup of the website, ensuring a comfortable use of my website, evaluation of system security and stability, as well as for other administrative purposes.
The statistics logs only store your IP address in anonymized form and for a maximum of 31 days (revolving logs). In the error logs, which are intended to log errors or unusual behavior, the entire IP address is stored if an error occurs during a call or the server assumes improper use.

The legal basis for data processing is Art. 6 para. 1 sentence 1 lit. f GDPR.

5. rights of data subjects

You have the right:

in accordance with Art. 15 GDPR, to request information about your personal data processed by us. In particular, you can request information about the purposes of processing, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right to lodge a complaint, the origin of your data if it was not collected by us, and the existence of automated decision-making including profiling and, if applicable, meaningful information about its details. The right to rectification does not apply to data that is subject to the archiving obligation (e.g. invoices);
in accordance with Art. 16 GDPR, to immediately request the correction of incorrect or incomplete personal data stored by us;
in accordance with Art. 17 GDPR, to demand the deletion of your personal data stored by us, unless the processing is necessary to exercise the right to freedom of expression and information, to fulfill a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims;
in accordance with Art. 18 GDPR, to demand the restriction of the processing of your personal data if the accuracy of the data is disputed by you, the processing is unlawful but you refuse to delete it and we no longer need the data, but you need it to assert, exercise or defend legal claims or you have lodged an objection to the processing in accordance with Art. 21 GDPR;
in accordance with Art. 20 GDPR, to receive your personal data that you have provided to us in a structured, commonly used and machine-readable format or to request that it be transmitted to another controller
in accordance with Art. 7 para. 3 GDPR, to withdraw your consent once given to us at any time. The consequence of this is that we may no longer continue the data processing based on this consent in the future and
to lodge a complaint with a supervisory authority in accordance with Art. 77 GDPR. As a rule, you can contact the supervisory authority at your usual place of residence or workplace or at the registered office of our law firm.

6. right of objection

If your personal data is processed on the basis of legitimate interests in accordance with Art. 6 para. 1 sentence 1 lit. f GDPR, you have the right to object to the processing of your personal data in accordance with Art. 21 GDPR, provided that there are reasons for this arising from your particular situation or the objection is directed against direct advertising. In the latter case, you have a general right to object, which will be implemented by us without specifying a particular situation. If you wish to exercise your right of revocation or objection, simply send an e-mail to datenschutz@temion.eu.

7. data security

We use the widespread SSL (Secure Socket Layer) method in conjunction with the highest level of encryption supported by your browser when you visit our website. As a rule, this is 256-bit encryption. If your browser does not support 256-bit encryption, we use 128-bit v3 technology instead. You can tell whether an individual page of our website is transmitted in encrypted form by the closed display of the key or lock symbol in the lower status bar of your browser. We also use suitable technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or unauthorized access by third parties. Our security measures are continuously improved in line with technological developments.