Terms & Conditions (GTC)
All nouns used on this website are intended to be gender-neutral and include all genders.
The services of Attorney-at-Law Mag. Jia Zhou, B.A. (“Attorney”) are provided on the basis of these Terms & Conditions (“GTC”). These GTC are deemed agreed and mutually executed. They are based on the General Terms and Conditions for Lawyers issued by the Austrian Bar (ÖRAK).
Scope of Application
1.1. These GTC apply to all activities and acts of representation—before courts/authorities and out of court—performed in connection with the contractual relationship between the Attorney and the client (“Client”).
1.2. These GTC also apply to new Clients unless otherwise agreed in writing.
1.3. Any differing terms of the Client form part of the contract only if expressly accepted by the Attorney in writing.
1.4. These GTC apply to entrepreneurs and consumers within the meaning of § 1 KSchG. Where provisions apply only to consumers or only to entrepreneurs, this is stated in the respective clause.
2. Engagement and Power-of-Attorney
2.1. The Attorney is authorised and obliged to represent the Client to the extent necessary and useful for fulfilling the mandate. No duty exists to inform about legal changes after the mandate ends.
2.2. Upon request, the Client shall sign a written power of attorney, either for specific acts or for all required legal acts.
3. Principles of Representation
3.1. The Attorney shall act lawfully and represent the Client’s rights and interests with diligence, loyalty, and conscientiousness.
3.2. The Attorney may act independently and take all appropriate steps, including means of attack and defence, provided this does not conflict with instructions, professional conscience, or the law.
3.3. Unlawful or professionally improper instructions (e.g., contrary to RL-BA and disciplinary practice) must be refused. If instructions appear impractical or detrimental, the Client will be warned beforehand.
3.4. In urgent cases, the Attorney may act beyond or contrary to instructions if urgently required in the Client’s best interests.
4. Client’s Duties to Inform and Cooperate
4.1. The Client shall promptly provide all relevant facts, documents, and evidence. The Attorney may assume their accuracy unless obviously incorrect; no liability for non-obvious inaccuracies or for information not provided.
4.2. The Attorney will work toward a complete account of facts through targeted questions and suitable means.
4.3. The Client shall promptly notify any changes or new circumstances relevant to the matter.
4.4. Address changes must be notified; the Client must remain reachable.
4.5. For contract drafting (e.g., real estate), the Client shall provide all data required for self-assessment of real estate transfer tax, registration fees, and real estate capital gains tax. Failing this, the Attorney may notify the tax office and receive assessments/clearance. Where self-assessment is based on the Client’s information, the Attorney is released from liability; the Client shall indemnify and hold the Attorney harmless if such information proves inaccurate.
5. Confidentiality and Conflicts of Interest
5.1. The Attorney must keep all entrusted matters confidential.
5.2. Staff may assist if duly instructed on confidentiality.
5.3. Confidentiality is waived only insofar as necessary to pursue the Attorney’s claims (especially fees) or defend against claims.
5.4. The Client acknowledges statutory duties to report to authorities (e.g., AML/CFT, tax law such as the Accounts Register, GMSG) without prior consent.
5.5. The Client may release the Attorney from confidentiality; the Attorney assesses whether disclosure serves the Client’s interests and may still maintain confidentiality.
5.6. The Attorney shall assess potential conflicts of interest under the RAO.
6. Reporting
6.1. The Attorney informs the Client, orally or in writing as appropriate, about actions taken.
7. Sub-authorisation and Substitution
7.1. Representation by a trainee lawyer or another lawyer (and that lawyer’s trainee) is permitted; substitution is allowed in case of impediment.
8. Fees
8.1. Absent agreement, the Attorney is entitled to reasonable fees; RATG and AHK are deemed reasonable.
8.2. Even with flat/hourly fees, at least the recoverable costs awarded from the opponent (if collectible) are due; otherwise, the agreed flat/hourly fee applies. Hourly billing in started 5-minute units.
8.3. Emails sent merely “for information” need not be read without instruction; reading time is billable under the agreement or RATG/AHK.
8.4. VAT, necessary expenses (e.g., travel, phone, copies), and disbursements (e.g., court fees) are added.
8.5. Non-binding estimates are not fixed quotes under § 5(2) KSchG.
8.6. Invoicing effort is not charged; translations of breakdowns into languages other than German and certain letters (e.g., to tax advisors/insurers) requested by the Client are chargeable unless agreed otherwise.
8.7. Invoicing may occur at any time, at least monthly; retainers may be requested.
8.8. Invoices are due within 14 days of receipt without deduction.
8.9. For entrepreneurs, a properly itemised invoice is deemed approved unless disputed in writing within one month of receipt.
8.10. Discounts are one-off and valid only for that invoice; if late, the originally agreed higher amount may be charged. No entitlement for future invoices.
8.11. Reasonable fees are due for all services rendered, even if court awards under RATG/AHK are reduced or denied.
8.12. In case of default, statutory 4% p.a. interest applies; for entrepreneurs, 9.2 percentage points above the base rate, plus any additional loss. Statutory claims remain unaffected.
8.13. Court/authority disbursements and third-party expenses may be forwarded to the Client for direct payment.
8.14. Multiple Clients in one matter are jointly and severally liable. For consumers, only where services are indivisible and not clearly rendered for a single Client.
8.15. Entrepreneurs’ cost-recovery claims against opponents are assigned to the Attorney up to the amount of the Attorney’s fee claim upon arising; the Attorney may notify the opponent.
9. Liability of the Attorney
9.1. Liability is limited to the available insurance sum for the case and at least the amount under § 21a RAO (currently EUR 400,000). For entrepreneurs, liability for lost profits, third-party losses, indirect/consequential damages, and slight negligence is excluded.
9.2. The cap covers all claims from professional activity (e.g., advice, drafting, representation) and does not cover refund of fees paid. Deductibles do not reduce the cap. The cap applies per insured event and is allocated pro rata among multiple claimants.
9.3. The Attorney is liable for third parties engaged with the Client’s knowledge (not employees/partners) only for selection fault.
9.4. Liability exists only towards the Client, not third parties; the Client shall inform third parties accordingly.
9.5. Liability for foreign law exists only if agreed in writing or expressly undertaken. EU law is not foreign law; Member States’ law is.
10. Limitation/Preclusion
10.1. For entrepreneurs (unless shorter statutory periods apply), all claims expire if not brought before a court within six months from knowledge of the damage and the injuring party/event, and in any event no later than five years after the act giving rise to the claim.
11. Client’s Legal Expenses Insurance
11.1. Notifying insurance and obtaining coverage does not affect the Attorney’s fee claim and is not consent to accept only what the insurer pays.
11.2. Amounts not covered by insurance may be claimed directly from the Client; the Attorney may request full payment from the Client.
12. Termination of the Mandate
12.1. Either party may terminate at any time without notice or reasons; the Attorney’s fee claim remains unaffected.
12.2. After termination, the Attorney represents the Client for 14 days insofar as necessary to prevent legal disadvantages, unless the Client revokes the mandate and declines further work.
13. Duty to Return Documents
13.1. After termination and upon request, original Client documents are returned; the Attorney may retain copies.
13.2. Post-mandate requests for documents already provided are chargeable.
13.3. Files are kept for five years (longer if required by law); the Client consents to destruction after expiry (including originals).
14. Governing Law, Jurisdiction & ADR
14.1. Substantive Austrian law applies, excluding conflict-of-law rules and CISG. For consumers under Art 6 Rome I, mandatory consumer protection of the country of residence remains unaffected.
14.2. For entrepreneurs, the exclusive jurisdiction of the competent court at the Attorney’s registered office is agreed; the Attorney may sue elsewhere where the Client has seat/residence/establishment/assets.
14.3. Fee disputes may be reviewed by the Vienna Bar Association if the Attorney agrees (free, out-of-court review).
14.4. Consumers may use the EU ODR platform: http://ec.europa.eu/odr. The Attorney is not obliged to participate.
15. Final Provisions
15.1. Amendments or additions must be in writing.
15.2. Declarations are deemed received if sent to the address provided at the start of the mandate or later notified; unless agreed otherwise, correspondence may be by email (to any address used by the Client). Where these GTC require “writing”, email suffices unless stated otherwise.
15.3. Unless instructed otherwise in writing, the Attorney may communicate via unencrypted email; the Client acknowledges and accepts the associated risks.
15.4. For entrepreneurs: the invalidity of any provision does not affect the validity of the remainder; the parties shall replace it with a clause closest to the original economic intent.
15.5. Language. The German version of these GTC prevails.