This cooperation agreement (the “Agreement“) is concluded between you and Alcyone Legal GmbH, a limited liability company under German law, with its business address at TechQuartier, Platz der Einheit 2, 60327 Frankfurt am Main, Germany (“Alcyone“, “we“, “us” or “our“) after your successful registration via our website at ‘visabuero.com’, i.e., after you receive confirmation of your successful registration by a legal representative of Alcyone, e.g., a managing director. The following terms of cooperation (the “Terms“) form the material core of this Agreement. Please submit your registration only if you agree with these Terms.
1. We operate various websites that advertise legal services (the “Legal Platforms“). The website at ‘visabuero.com’ is such a Legal Platform and has a focus on immigration law and visa matters (the “VISABUERO Platform“). The VISABUERO Platform allows website visitors to submit to us their requests for immigration law advice along with personal data and supporting information and documents (after which such website visitor is a “Customer“). Thereafter, the Customer receives a recommendation from us as to what legal services could be beneficial in the individual case. On this basis, the Customer may book certain legal services via the VISABUERO Platform, e.g., a phone consultation (collectively, the “Legal Services“). These Legal Services are then provided by specialized immigration attorneys with whom we have concluded cooperation agreements (each, a “Cooperation Lawyer“). Once Legal Services have been booked and paid for, we forward each request to the Cooperation Lawyer who is best suited to provide the Legal Services based on, among other things, jurisdiction, individual specialization and prior experience (the “Forward“). We are interested in concluding this Agreement to retain you as a Cooperation Lawyer.
2. You are an attorney admitted to practice law in at least one jurisdiction of the European Economic Area and/or Switzerland. You are specialized in immigration law and visa matters with regard to your respective jurisdiction. You are interested in cooperating with us as a Cooperation Lawyer to provide Legal Services to our Customers.
§ 1 Subject-matter of this Agreement
1. You shall provide Legal Services to our Customers upon receipt of a Forward.
2. Before providing these Legal Services, you shall receive from us (i) all relevant data required for you to provide the Legal Services and (ii) a confirmation that we will pay for the Legal Services on the basis of the Legal Fees (as defined in § 2 of these Terms) (collectively, the “Confirmation“). Upon Confirmation, you shall contact the Customer to make an appointment and/or pursue the next steps in relation to the Legal Services. You shall conclude a separate legal services agreement with the Customer (the “Legal Services Agreement“). The Customer is your client, not Alcyone, and you are liable vis-à-vis the Customer. However, your legal fees will be paid by us (see § 2 of these Terms).
3. You shall maintain availability at regular office hours (9 a.m. to 8 p.m. at your time). Please notify us immediately if you should be unavailable for more than 24 hours, regardless of the reason. If you are unavailable, e.g., due to illness or annual leave, you shall procure a substitute lawyer who possesses qualifications similar to your own. Please notify us immediately if you are unable to organize a substitute lawyer and therefore are not able to take on clients.
§ 2 Legal Fees
We will pay you the predetermined and pre-confirmed legal fees that accrue for providing the Legal Services (the “Legal Fees“). All Legal Fees have to be pre-agreed – in general or on a case-by-case basis – between Alcyone and you. You shall update us on the Legal Services that you are currently providing for a Customer. Please note that the Legal Fees will, in principle, be fixed fees, i.e., they must not be increased after the conclusion of the Legal Services Agreement. Moreover, the Legal Fees will include all costs, e.g., travel expenses, unless expressly agreed otherwise in text form between you and Alcyone.
§ 3 Cooperation
1. Alcyone promises its Customers efficient and high-quality legal advice by its Cooperation Lawyers. Therefore, you are obligated to mind our quality standards. These include in particular:
- Manage quick turn-around times (respond to any Customer query within 24 hours during regular office hours, if possible);
- Be customer-oriented and friendly at all times – turn to us if you have trouble with a Customer, we will help out;
- Implement our feedback to improve future communication between you and the Customer – we have years of experience in customer success management;
- Provide full accessibility during regular office hours and ensure representation during your absence; and
- Implement any other reasonable quality measures that do not unduly infringe upon your independence as a lawyer.
2. Upon your request, we may provide you with a special e-mail address and an email signature for the purpose of standardizing the appearance of our Cooperating Lawyers.
3. Upon our request, you shall – with a reasonable effort, in relation to your jurisdiction and free of charge – assist us in adding information to the VISABUERO Platform, especially the online web form used by website visitors to submit their case information, and provide feedback on our initial emails.
4. During the term of this Agreement and solely in relation to our Customers, you shall not separately advertise yourself as a lawyer or advertise the services of your law firm. This does not in any way affect your general advertisement directed at the general public or third parties who are not our Customers. In particular, you shall not refer to your Facebook page or other marketing measures that you employ or that a third party employs on your behalf or that you benefit from. You shall not ask for reviews, likes or any other feedback from Customers. You shall not in any way, directly or indirectly, ask the Customer to avoid further inquiries with the VISABUERO Platform, the other Legal Platforms or Alcyone and rather seek direct contact with you in the future. If necessary, you may refer the Customer or interested party to Alcyone, the VISABUERO Platform and the other Legal Platforms. Alcyone will conduct regular, widespread surveys to ascertain whether the Cooperation Lawyers comply with these commitments. In case of any infringement, Alcyone has the right to terminate this Agreement without notice and may claim any damages that are caused by such behavior.
§ 4 Liability
1. Alcyone is liable for breaches of duty or in connection with this Agreement only for intent or gross negligence.
2. Alcyone indemnifies you from any liability to any third party, including the Customer, in connection with the operation of the VISABUERO Platform. Conversely, you indemnify Alcyone from any liability to any third party, including the Customer, in connection with the attorney-client-relationship and any Legal Services Agreement, including, but not limited to, any phone consultation.
§ 5 Term
1. This Agreement is concluded for an indefinite period.
2. The Agreement may be terminated at the end of any month with a notice period of three months. For example: If you give notice on 15 March, this Agreement is terminated on 30 June. The right to terminate this Agreement for good cause remains unaffected by this. Alcyone may terminate for good cause in case of a violation of § 3 (4) of these Terms.
3. Each termination notice needs to be in text form (letter or email) to be valid.
§ 6 Privacy
§ 7 Non-Disclosure
You agree to not disclose any details of this Agreement or other matters related to this cooperation that are not public knowledge. All information communicated between you and Alcyone is deemed confidential. This obligation will remain in effective even after the termination or cancellation of this Agreement. You are not bound by this clause if there is a binding statutory obligation to reveal information.
§ 8 Final Provisions
1. Any oral agreements between the parties are invalid.
2. Should individual provisions of these Terms be or become ineffective, this shall not affect the validity of the remaining provisions.In such a case, the parties are obliged to replace the ineffective provision by a legally permissible provision that is compatible with the remaining provisions of these Terms and which comes closest to the economic reason of the ineffective provision.
3. This Agreement, including these Terms, is subject to German law.
4. The courts of Frankfurt am Main, Germany have jurisdiction for all disputes arising from or in connection with this Agreement.