General Terms and Conditions

Version: [DATUM DER VERÖFFENTLICHUNG] · Version 1.0

1. Scope and provider

1.1 These General Terms and Conditions apply to all contracts for services offered under the name ADVOKATIA (https://advokatia.com).

1.2 The provider and contracting party is NEXOVIA Consult LLC, a limited liability company under the laws of the State of Florida, USA (Document Number L25000322850), 7901 4th St N, STE 300, St. Petersburg, FL 33702, USA ("we" or "ADVOKATIA"). Telephone: +1 727 405-1212, email: kontakt@advokatia.com.

1.3 Our services are aimed at consumers and businesses. A consumer is any natural person who enters into a contract for purposes that are predominantly outside their trade, business or profession. A business is any natural or legal person or partnership with legal capacity acting in the exercise of its trade, business or profession when entering into the contract.

1.4 Deviating terms of the customer apply only if we expressly agree to them in text form. Individual agreements in the quotation take precedence over these terms.

1.5 Mandatory statutory consumer protection provisions always remain unaffected by these terms and take precedence over them.

2. Services

2.1 ADVOKATIA provides permissible administrative assistance, in particular preparing and formatting documents and letters based on the customer's instructions, language and translation assistance (not certified), correspondence support, technical help completing forms based on the customer's information, and related organisational services. The exact scope is determined solely by the individual quotation.

2.2 ADVOKATIA is not a law firm, not a tax advisory and not a public authority. We provide no legal services and no tax advice, do not assess the legal position of individual cases, and do not represent the customer before authorities, courts or third parties. Questions that require a legal or tax assessment are referred back to the customer so that they can consult an authorised professional.

2.3 We owe the agreed service, not a particular outcome, in particular not a particular decision by an authority or a third party.

2.4 For individual work steps (e.g. drafting, translation, structuring) we may use software tools, including AI-assisted tools. Every result is reviewed by a person before delivery. We pass personal data, in particular special categories of personal data, to external AI services only where a legal basis, the required contracts and safeguards are in place. Our responsibility for performing the service as agreed remains unaffected.

3. Enquiry, quotation and conclusion of the contract

3.1 An enquiry via the form on our website, by email, telephone or any other way is non-binding and free of charge. It is not an order and creates neither a contract nor any obligation to pay.

3.2 We review the enquiry and decide whether we can accept it. There is no entitlement to acceptance.

3.3 If we accept the enquiry, the customer receives an individual quotation in text form (usually by email). The quotation states in particular the scope of services, the total price, the payment and delivery terms, the delivery date, the contract language and the applicable version of these terms; for consumers, the withdrawal information and the model withdrawal form are attached.

3.4 The quotation is valid for 14 calendar days from its date unless the quotation states a different period.

3.5 The contract is concluded only when the customer expressly accepts the quotation within its validity period, by email or – if the quotation provides for it – by a signed document. Payment alone, silence in response to a quotation or the sending of documents do not constitute acceptance.

3.6 After the contract is concluded, the customer receives a contract confirmation on a durable medium (usually by email), at the latest before we begin performance. It reproduces the content of the contract and – for consumers – includes the withdrawal information and, where applicable, the separate request for early performance (clause 15.3).

3.7 The contract language is the language stated in the quotation (German, Serbian or English). These terms become part of the contract in that language; all language versions have the same content.

4. Prices

4.1 Prices on our website are non-binding "from" prices for orientation. Only the total price stated in the individual quotation is binding.

4.2 Prices are stated in euros. Other currencies apply only if expressly stated in the quotation.

4.3 The total price in the quotation includes all price components including any applicable taxes and other mandatory charges. Where VAT applies, it is shown separately in the quotation. [PRÜFEN — Issue C: clarify the VAT treatment (place of supply, person liable, how it is shown) before publication; no "without VAT" or "tax-free" statement without the tax advisor's confirmation.]

4.4 Additional costs (e.g. third-party certification, postage or official fees) arise only if they are stated in the quotation or the customer has expressly agreed to them in advance. We state their reason and amount. There are no hidden costs.

5. Payment

5.1 Payment terms, in particular due dates, deposits, instalments or payment after delivery, are set out in the quotation. Advance payment is the default.

5.2 Unless otherwise agreed, an invoice is payable without deduction within 7 calendar days of receipt.

5.3 The available payment methods are those stated in the quotation or the payment request. As a rule, bank transfer to the business account of NEXOVIA Consult LLC is available. Other payment methods (e.g. PayPal or card payment) are available only if they are expressly stated in the quotation or the payment request.

5.4 If advance payment is agreed, we begin performance only after receipt of payment; the delivery dates stated in the quotation are postponed accordingly. For a consumer, a separate request under clause 15.3 also remains a precondition for starting before the withdrawal period expires.

5.5 If payment is overdue, we first send the customer a reminder in text form. We may defer continuing the service while a due payment is outstanding, to the extent permitted by law and the contract. We do not charge contractual penalties or flat-rate reminder fees. Statutory claims for late payment remain unaffected.

6. Invoices

6.1 We issue invoices in the name of NEXOVIA Consult LLC and usually send them as PDF by email.

6.2 Where a structured electronic invoice (e-invoice) is required by law, we issue it in the prescribed format. A PDF file is not an e-invoice in this sense. [PRÜFEN — Issue C: whether and from when e-invoicing obligations apply to domestic B2B transactions.]

7. Customer cooperation

7.1 The customer provides us with the information and documents needed for the service in good time, completely, correctly and up to date, and informs us of any deadlines known to them that are relevant to the service.

7.2 Before using our results, in particular before signing and submitting them, the customer checks that their own information is correct.

7.3 We are not responsible for errors that are caused solely by incorrect or incomplete information from the customer. We remain responsible for our own errors, including errors in processing correct information, in accordance with the law and clause 13.

8. Dates and deadlines

8.1 Delivery dates are set out in the quotation. We do not give general turnaround promises (e.g. "within 24 hours"). Urgent processing and any surcharge agreed for it require an express agreement in the quotation.

8.2 The customer is responsible for meeting deadlines set by authorities, courts or other third parties and for submitting the completed documents. We do not monitor such deadlines.

8.3 We are responsible for the agreed delivery dates. If, in the course of our work, we see that a date named by the customer is at risk, we point this out to them.

9. Delivery and submission

9.1 We deliver results by email. Other electronic means of delivery require an agreement. For documents containing particularly sensitive data, we agree a suitable protected means of delivery with the customer. We do not operate a customer portal.

9.2 As a rule, the customer reviews, signs and submits the documents themselves. We forward documents to an authority or third party only under a separate agreement with the customer's written authorisation, as a mere messenger, and only where this is legally permitted. We do not represent the customer.

10. Changes and additional requests

10.1 We provide services outside the agreed scope only on the basis of a new or supplementary quotation stating the scope, total price and any change of dates, which the customer expressly accepts before work begins.

10.2 We do not begin chargeable additional work without this prior approval.

10.3 Remedying defects in our own work is not an additional service and is free of charge.

11. Free correction and rights in case of defects

11.1 Regardless of any defects, we voluntarily offer one free round of corrections within the originally agreed scope. This goodwill service is an additional service and does not restrict statutory rights.

11.2 If our service is defective, the customer has the statutory rights. For justified complaints, we first remedy the defect free of charge within a reasonable period. If this fails, is not possible or cannot reasonably be expected of the customer, the customer may assert the further statutory rights.

[PRÜFEN — Issue F: how the rights in case of defects interact with the choice of law (clause 19); wording "statutory rights" without section references so that it is accurate under any applicable law.]

12. Obstacles to performance, impossibility and disruptions

12.1 If it turns out that the service cannot be performed, or only with disproportionate effort, we inform the customer without undue delay and, where possible, propose a permissible alternative or an adjusted scope. The customer may reject the proposal. We do not provide substitute services without their consent.

12.2 If no agreement is reached, the statutory rules on ending the contract, refunding payments made and remuneration for services already performed that are of use to the customer apply.

12.3 In the event of significant disruptions beyond our control (e.g. natural events, large-scale outages of third-party networks or services), we inform affected customers and propose realistic new dates. We remain responsible for disruptions within our own sphere of responsibility. The customer's statutory rights to terminate, withdraw, obtain a refund or claim damages remain unaffected.

13. Liability

13.1 We are liable without limitation for intent and gross negligence, for injury to life, body or health, under product liability law, to the extent of any guarantee given, and in all other cases in which liability cannot be limited by law.

13.2 In the event of a slightly negligent breach of an essential contractual obligation, our liability is limited to the damage typical for the contract and foreseeable at the time the contract was concluded. Essential contractual obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment the customer may regularly rely.

13.3 Otherwise, liability for slight negligence is excluded to the extent permitted by law.

13.4 The above limitations also apply in favour of our staff and vicarious agents.

[PRÜFEN — Issue F: validity of the liability clause under the chosen law (clause 19) and towards consumers under the mandatory law of their habitual residence.]

14. Confidentiality, subcontractors and data protection

14.1 We treat all of the customer's information and documents confidentially and use them only to perform the contract. This obligation continues after the contract ends. At the customer's request, we conclude a separate non-disclosure agreement.

14.2 We may engage qualified external collaborators (e.g. translators) for individual services. They are bound to confidentiality and data protection and receive only the information needed for their task. We do not have regulated professional services performed by persons not authorised to perform them. NEXOVIA Consult LLC remains responsible to the customer for performing the service as agreed.

14.3 Service providers (e.g. for hosting, storage and sending emails) receive access to information only where this is necessary and lawful and appropriate contractual and technical safeguards are in place.

14.4 Details of how we process personal data, in particular the explicit consent to the processing of special categories of personal data, are set out in our privacy policy.

15. Consumers' right of withdrawal and early performance

15.1 Consumers have a statutory right of withdrawal. Details are set out in the withdrawal information attached to every quotation.

15.2 Accepting the quotation, agreeing to these terms and making a payment do not mean waiving the right of withdrawal and do not constitute a request for early performance.

15.3 A consumer may separately and expressly request that we begin performance before the withdrawal period expires. This request is separate from accepting the quotation, voluntary and documented separately. Without it, we begin performance for consumers only after the withdrawal period has expired.

15.4 If the consumer withdraws after making such a request, they owe compensation for the services provided up to the withdrawal in accordance with the law. The right of withdrawal expires on complete performance of the service only if the statutory requirements are met, in particular the express consent to early performance and the acknowledgement that the right will be lost. Beginning performance alone does not extinguish the right of withdrawal.

16. Refusal and termination for unlawful purposes

16.1 We refuse to prepare, change or support documents where specific circumstances indicate an unlawful purpose, in particular forgery, knowingly false statements or deception of authorities. Where appropriate, we first ask for clarification or supporting information.

16.2 Before a contract is concluded, we may decline an enquiry without giving reasons. For an existing contract, termination is governed by the statutory provisions, including the rules on remuneration for services already provided and refunds.

17. Rights of use and references

17.1 After full payment, the customer may use, reproduce, edit, print and submit the results prepared for them for the contractual purpose without time limit. This does not transfer any copyright. Our templates, software, methods and third-party rights remain protected.

17.2 We publish customer names, logos, reviews, case descriptions or identifiable outcomes only with separate express consent.

18. Communication, complaints and dispute resolution

18.1 Please send contractual declarations, acceptances of quotations, complaints and withdrawals to kontakt@advokatia.com, and data protection requests and general enquiries to info@advokatia.com. Declarations sent to the other of these two addresses are equally effective and will not be rejected.

18.2 We use telephone, video calls and messaging services additionally where agreed in the individual case. We confirm important contractual declarations by email or on another durable medium.

18.3 We handle complaints promptly and aim to resolve them directly.

18.4 We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board. [PRÜFEN — Issue I: whether the German VSBG applies to the provider; duty under § 37 VSBG to refer the consumer, in text form, to a competent consumer arbitration board once a dispute arises.]

19. Applicable law and place of jurisdiction

19.1 The laws of the State of Florida apply. For consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection afforded by the mandatory provisions of the law of the state in which they have their habitual residence.

19.2 For consumers, the statutory places of jurisdiction apply; these terms contain no jurisdiction agreement for consumers.

19.3 For businesses: [PRÜFEN — Issue F: whether and which jurisdiction agreement (exclusive or non-exclusive; place) is valid and enforceable in B2B transactions. No jurisdiction clause until this is clarified.]

[PRÜFEN — Issue F: these terms are drafted along the lines of German standard-terms law; the choice of Florida law must be reconciled with them (interpretation, validity of the clauses, the more favourable law for consumers under Art. 6 of the Rome I Regulation).]

20. Contract records and retention

20.1 For each contract we keep, in protected form: the quotation, the acceptance and the contract confirmation, the applicable version of these terms and the withdrawal information, any request for early performance with the consumer's acknowledgement, invoices and proof of payment, business correspondence and, where necessary, proof of delivery.

20.2 We keep these records for the period required by law. Working documents, in particular documents provided by the customer, are deleted manually as soon as they are no longer needed; we review completed matters monthly. Details are set out in the privacy policy. [PRÜFEN — Issue C/G: applicable retention periods for the provider.]

21. Changes to these terms

21.1 New versions of these terms apply only to contracts concluded after their publication. Existing contracts remain subject to the version agreed when the contract was concluded unless a change is expressly agreed.

21.2 We keep all versions with their dates; the quotation names the applicable version.

22. Final provisions

22.1 If any provision of these terms is wholly or partly invalid, the remainder of the contract remains valid. The invalid provision is replaced by the statutory rules.

22.2 Our services are provided exclusively online. We do not receive visitors in person, and in-person meetings do not take place. We offer video calls by individual arrangement, e.g. via Microsoft Teams, Zoom or another suitable platform. Calls are not recorded as a rule; a recording is made only after prior information and with the separate express consent of all participants (see privacy policy § 8).