NO WIN, NO FEE
between
Fundsback German Pension Contribution Service UG, Schiffgraben 43, 30175 Hannover
referred to in the following as “Fundsback”
and
, born
referred to in the following as “Client”
the following
Service Agreement on a NO WIN, NO FEE
basis is concluded, which includes the following main points:
- an all-already-paid-package: money cashed out to your account belongs to you
- a full transparency guarantee: no fees and no extra costs during the procedure
- a legal guidance package: full support guided by legal professionals
- a support package: English-language support by e-mail or phone
- AND: guaranteed no costs if there is no success (No Win, No Fee)
Preamble
Fundsback offers expats who have lived in Germany and returned home professional assistance in interacting with German Pension Insurance. Fundsback’s service organizes and coordinates, in particular, the processing of the contribution refund (pension cashout) in cooperation with legal professionals. The contributions are also known as social tax.
Fundsback’s remuneration is based on a pure success fee (no-win-no-fee). The only costs incurred are in case of a successful refund of pension contributions/social taxes. If this does not happen, Fundsback bears all occurred costs, also those of the involved specialized legal professionals.
Section 1
Subject of the contract
(1) The subject of the contract is the organization, coordination and processing of (any potential) claims of the Client for a refund of pension contributions from the pension insurance institutions like:
• Deutsche Rentenversicherung Bund (DRV, German Statutory pension insurance) and/or
• from the competent regional operator of the German Statutory Pension Insurance (Deutsche Rentenversicherung) and/or
• under the German pension scheme known as “Knappschaft-Bahn-See” (Railway and Seafarers’ pension scheme).
(2) On behalf of the Client, Fundsback shall commission legal professionals/lawyers to enforce the claims of the Client (legal guidance package). Moreover, Fundsback shall assume the funding of the extrajudicial enforcement of these claims. Costs for the Client occur only in case of full success of refund of the contributions/social tax (no-win-no-fee). All costs – including any fee for legal professionals – are shown in Section 6.
(3) The provision of services in accordance with the Legal Advice Act is not the subject of this contract. The legal preparation and execution of the proceedings shall be the responsibility of the lawyer commissioned. In doing so, the lawyer will act within the framework of the client’s specifications – particularly the subject matter of this contract.
Section 2
Obligations of Fundsback
(1) Commissioning
On behalf of the Client, Fundsback commissions specialized lawyers on behalf of the client with the extrajudicial enforcement of (possible) claims against the pension insurance institutions.
(2) Organisation and coordination
Fundsback takes over all correspondence for the organization, coordination and administration of the contribution refund procedure between the client and the assigned lawyers, public bodies and public and private institutions, as far as this is not done by the assigned lawyer himself. In this way, Fundsback can ensure that the client can access its support package at all times (English-language support by e-mail or phone).
(3) Financing of proceedings
On conclusion of the contract, Fundsback shall bear all necessary extrajudicial procedure costs incurred by the Client during the enforcement of his (potential) claims, as far as they are not other expenses (e.g., postage, copying, and subsistence costs of the Client, etc.). This duty to bear costs include, in particular, the costs of a lawyer for the extrajudicial pursuit of the claim.
(4) Information
Fundsback shall inform the Client routinely and in the event of any changes immediately on the current state of proceedings and shall on request, send him copies of all case correspondence.
Section 3
Obligations of the Client
(1) The Client shall provide Fundsback with all documents required for the fulfillment of the obligations under this contract in a complete, correct and timely manner. The Client shall receive separate requests for this in the proceedings in each case. As a rule, the documents are those that clearly prove the identity and residence of the Client to the pension insurance institutions.
The same applies to information about processes and circumstances that may be important for the execution of the order. Fundsback may assume, unless obviously incorrect, that the provided documents, information, etc. are correct and complete.
(2) The Client must check the insurance history provided to him. This is the “Versicherungsverlauf” that has regularly already been provided in the pension check process. The Client shall immediately notify Fundsback of any inaccuracies. Fundsback may assume that the insurance history (“Versicherungsverlauf”) is correct and complete unless it is obviously incorrect.
(3) The Client shall inform Fundsback immediately about any changes of information which are provided by him earlier.
Section 4
Authorization and representation
(1) The Client authorizes Fundsback to commission a lawyer on his behalf to realize his interests and to give the corresponding authorizations for the processing of money transfers.
(2) The Client authorizes Fundsback to receive declarations from the authorized lawyer concerning the extrajudicial and judicial procedures or to make said declarations and to receive money from the said lawyer for the Client. Fundsback will immediately settle all costs and transfer the money to the client (all-already-paid-package). The amount the client receives is regularly equal to the amount Fundsback forecasted in the process pension check. The amount is shown in the e-mail. The link to this contract has been forwarded.
(3) The Client hereby fully exempts the appointed lawyer from the duty of confidentiality with regard to Fundsback concerning the subject matter of the contract and the circumstances in relation to this. The Client hereby irrevocably instructs the appointed lawyer to keep Fundsback informed about proceedings at all times and to send all essential process documents well in advance without being asked. Fundsback is entitled and authorized to examine and make copies of the records of the proceedings of the appointed lawyer as well as of official and court documents relating to the subject of the contract. The Client undertakes on request from Fundsback to repeat the authorization in a separate document.
Section 5
Direct debit authorization
(1) The Client grants Fundsback and the assigned attorney a direct debit authorization for payments from the social insurance carriers on the basis of the asserted claims. The Client furthermore grants Fundsback a direct debit authorization for the amounts received by the assigned attorney.
(2) Fundsback shall immediately settle all costs (remuneration in accordance with Section 6) and transfer the money to the client. Deduction of Fundsback’s remuneration claims (gross) is expressly permitted by the Client (all-already-paid-package). The amount the client receives is regularly equal to the amount Fundsback forecasted in the process pension check. The amount is shown in the e-mail. The link to this contract has been forwarded.
Section 6
Remuneration/Fees
(1) Fundsback’s remuneration is based on a pure success fee (no-win-no-fee). Fundsback’s claim for remuneration shall only arise when pension contributions are refunded.
(2) In case of a refund of pension contributions, Fundsback will receive a lump sum of EUR 899.00 (incl. VAT) as remuneration for its services if the actual refund amount does not exceed EUR 8,999.00 (eight thousand nine points zero). If the refund amount exceeds EUR 8,999.00, Fundsback will receive 10.0% of the actual refund amount (incl. VAT). The maximum fee is € 2,899.00 (incl. VAT).
(3) The Fundsback fees also cover any legal fees. No further costs are incurred.
Section 7
Right of termination
(1) The client has the right to early termination. In the event of premature termination, the client shall pay compensation for damages, which shall be set at a flat rate of € 500.00 (net). The client reserves the right to prove that the damage did not occur at all or is significantly lower than the lump sum.
(2) Until the payment of the lump sum, Fundsback is entitled to withhold any documents or similar which have already been submitted by the client. The event of payment is equal to the proof that the damage did not occur at all or is significantly lower than the lump sum.
Section 8
Confidentiality
(1) The contracting parties agree to keep the contents of this agreement confidential with regard to third parties. The obligation to maintain confidentiality continues even after termination of this agreement.
(2) The disclosure of information by Fundsback to the appointed lawyer as required for them to realize the legal interests of the Client is not included in the obligation to maintain confidentiality.
Section 9
Court of Jurisdiction agreement
If the Client has no general place of jurisdiction within Germany, Hanover shall be agreed as the court of jurisdiction for disputes between the parties about the effectiveness and contents of this contract.
Section 10
Limitation of Liability
(1) Fundsback is liable without limitation for intent and gross negligence.
(2) Fundsback is liable for simple negligence – except in case of injury to life, body or health – only if essential contractual obligations (cardinal obligations) are violated. The liability is limited to the contract-typical and foreseeable damage, but at most up to an amount of € 300.00.
(3) Liability for indirect and unforeseeable damages, loss of production and use, loss of profit, loss of savings and financial losses due to claims of third parties is excluded in case of simple negligence – except in case of injury to life, body or health.
(4) Any further liability other than that stipulated in this contract is excluded – irrespective of the legal nature of the asserted claim. However, the above limitations or exclusions of liability shall not apply to strict liability prescribed by law (e.g., under the Product Liability Act) or to liability under a strict warranty.
(5) As far as the liability according to clauses 2 and 3 is excluded or limited, this also applies to the personal liability of the employees, representatives, organs and vicarious agents of Fundsback and service providers commissioned by Fundsback.
Section 11
Applicable law
The law of the Federal Republic of Germany, as amended, shall apply exclusively to the contract, its implementation and the resulting claims.
Section 12
Data Protection and E-Communication
(1) The processing of personal data by Fundsback is based on the provisions of the General Data Protection Regulation (“GDPR”), the German Federal Data Protection Act (Bundesdatenschutzgesetz) and all further applicable data protection legislation. The information to be provided according to the GDPR when processing personal data is attached to this Agreement as ANNEX DATA PROTECTION.
(2) If the Client provides an email address and/or facsimile number at the commencement of the engagement, Fundsback shall be entitled to communicate with the Client also through these channels. With the provision of an email address, the Client thereby expressly agrees that communications using that email address can be undertaken by use of wireless LAN and mobile telephonic services without encryption. The Client expressly acknowledged that confidentiality cannot be ensured for communications by facsimile and electronic media (email).
Section 13
Consequences of refund of contribution
The Client asserts that he knows that the previous insurance contract will be wound up on refund of contributions. Claims (including those to a pension) from periods of entitlement to pension prior to refund (contributory periods, substitute periods, set-off periods, child-raising periods) shall not exist after the refund of contributions. This also applies to periods for which no contributions are refunded (such as child-rearing periods, military and civil service, subsequent insurance periods, and contributions for benefits for medical rehabilitation or for participation in working life). The Client asserts that he has understood the meaning and scope of the consequences of a contribution refund.
This insurance of the Client is also effective in favor of the appointed lawyer.
