Terms and Conditions | Alex Process Agent Service GmbH

Terms and Conditions^[1]

1	Definitions:
1.1	Capitalised terms not defined herein have the same meaning as defined in the relevant Appointment Letter unless the context otherwise requires.
1.2	In these Terms and Conditions: “Appointers” means the appointer(s) mentioned in the relevant Appointment Letter. “Appointment Letter” means the letter of the Appointer(s) to the Process Agent pursuant to which the Appointer(s) appoint(s) the Process Agent as its/their process agent for the service of proceedings issued out of the Courts of Germany in respect of the Document(s) and subject to the Terms and Conditions. “Process Agent” means Alex Process Agent Service GmbH having its registered office at Leipziger Platz 9, 10117 Berlin, Germany.
2	The appointment of the Process Agent pursuant to the terms and conditions of the relevant Appointment Letter is conditional upon receipt of the agreed fees and accordingly, the appointment of the Process Agent by the Appointer(s) shall not become effective until the Process Agent has received payment of the fees in full.
3	The Process Agent will accept on behalf of the Appointer(s) service of process in respect of the document(s) listed in the relevant Appointment Letter in any proceedings in Germany. Such service shall be deemed completed by delivery on the Process Agent.
4	The Process Agent will notify the Appointer(s) by email or mail of such service as soon as reasonably practicable and invite the Appointer(s) to specify the mode of delivery for service of the document(s) served by the Process Agent. The Appointer(s) will be responsible for the costs reasonably incurred in forwarding the document(s) to the Appointer(s) which must be paid in advance.
5	The Appointer(s) is/are responsible for making sure that the Process Agent has up to date contact details of the Appointer(s).
6	The relevant appointment shall cease on the last day of the contract term but in any event on the 17th anniversary of the date on which the Process Agent has accepted the appointment.
7	The Appointer(s) will have no claim against the Process Agent for any failure to perform the duties of the Process Agent under the relevant agreement unless such failure is due to our negligence or wilful default and the Appointer(s) hereby agree(s) to indemnify the Process Agent against all liabilities, claims, costs and expenses arising in any way out of the appointment of the Process Agent unless such claim arises from the gross negligence or wilful default of the Process Agent, its officers and agents.
8	All payments (plus VAT if applicable) must be received by the Process Agent net of any bank charges due at either end and any local withholding taxes if applied.
[1]	Any provisions of the Terms and Conditions may only be amended with the prior written consent of the Process Agent.