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Terms and conditions

1. General

1.1 These General Terms and Conditions (GTC) shall apply between the parties as agreed and exclusively. Any conflicting GTC are hereby expressly rejected; they shall not be binding on the Contractor even if it does not object to their validity again upon conclusion of the contract. These GTC shall also apply to all future transactions between the contracting parties without the need to refer to these GTC again. They shall also apply even if the Contractor does not expressly refer to them in subsequent contracts. Deviations from these terms and conditions require our express written acknowledgement. Verbal collateral agreements are only valid if they have been confirmed in writing by the contractor.

1.2 The legal relationship between the Client and the Contractor is a service contract with regard to the Contractor’s performance.

2. Execution of the order

The Contractor shall carry out the order placed with it to the best of its knowledge and belief with the care customary in the business. The Contractor shall determine the entire manner of execution of the order placed at its own discretion. It shall have the right to determine the manner of execution, the number of persons to be deployed, the awarding of subcontracts to third parties, etc., at its sole discretion.

3. Liability

3.1 The Contractor shall be liable for damages – irrespective of the legal grounds – within the scope of fault-based liability in the event of intent and gross negligence.

3.2 In the event of simple negligence, the Contractor shall only be liable, subject to statutory limitations of liability (e.g. care in its own affairs, insignificant breach of duty, etc.), for

a) for damages resulting from injury to life, limb or health

b) for damages arising from the breach of an essential contractual obligation (obligation whose fulfilment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely); in this case, the liability of the contractor is limited to compensation for the foreseeable, typically occurring damage.

c) The Contractor’s liability for financial losses shall be limited to a maximum of the amounts covered by the liability insurance in accordance with §34a GewO in conjunction with the Guarding Ordinance.

3.3 The Contractor’s liability for loss of profit is excluded.

3.4 The limitations of liability resulting from 3. shall also apply in favour of persons for whose fault the Contractor is responsible according to statutory regulations. They shall not apply if a defect has been fraudulently concealed, a guarantee has been assumed or for claims of the Client under the Product Liability Act.

3.5 The Contractor and its employees, legal representatives or vicarious agents shall have no further liability.

3.6 Liability claims against the Contractor shall lapse if they are not asserted in writing to the Contractor within three months of the event.

4. Obligations of the Client

4.1 All information provided by the Contractor shall be provided in the exercise of legitimate interests, shall be intended only for the Client and shall be treated as strictly confidential by the Client.

4.2 The Client shall be liable in accordance with the statutory provisions if it forwards information obtained from the Contractor to third parties in breach of the agreement.

4.3 The Client undertakes not to become active itself in the same matter during the Contractor’s activity or to allow third parties to become active.

4.4 By signing the order, the client affirms that he is not pursuing any goals that are dangerous to the state or illegal with the order.

5. Confidentiality

5.1 The Client and the Contractor undertake to treat all information obtained in connection with the order and its execution as confidential without restriction and to use it exclusively for the fulfilment of the contract.

5.2 Confidential information within the meaning of this agreement includes in particular:

a) Documents and information that are labelled as “confidential”, “business secret” or in a comparable manner;

b) documents and information containing or relating to business and trade secrets, manufacturing processes, know-how, inventions, business relationships, business strategies, business plans, financial planning, personnel matters;

c) any documents and information that are to be considered confidential due to the nature of the information or the circumstances of transmission;

d) all data exchanged or disclosed for the fulfilment of and in connection with the purpose of the agreement, whether personal or not, even if they do not enjoy legal protection on their own or in their context.

5.3 Confidential Information does not include information that at the time of disclosure:

a) was known or generally accessible to the public or becomes so at a later date without breach of a confidentiality obligation;

b) was already demonstrably known to the Client from a non-confidential source prior to disclosure by the other party;

c) was independently obtained or developed by the Contractor without using or referring to Confidential Information of the disclosing party; or

d) is handed over or made accessible to the Client by an authorised third party without breach of a confidentiality obligation.

5.4 Contractual penalty

For each case of attributable breach of this confidentiality provision, the Contractor may demand payment of an appropriate contractual penalty from the Client, which the Contractor may determine at its reasonable discretion and which shall be reviewed by the competent court in the event of a dispute. Any further claims for damages shall remain unaffected. Any contractual penalty paid shall be offset against any claims for damages, with the contractual penalty representing the minimum damage.

6. Cancellation / Withdrawal

6.1 The client may cancel up to 48 hours before the start of the contract, the contractor may cancel for good cause.

6.2 If the Client cancels the contract less than 48 hours before the start of the contract, the Contractor shall be entitled to 40% of the contractually agreed remuneration, but at least € 500.00 as compensation for expenses.

6.3 Untrue or withheld information from the Client shall entitle the Contractor to terminate the contract immediately. In the event of premature termination of the contractual relationship, the Contractor shall be entitled to the fee accrued up to the effective date of the cancellation and to reimbursement of the expenses incurred up to that point. The assertion of any further loss of confidence shall not be excluded.

6.4 The Contractor may not act against the interests of the Client within the scope of an order placed. If a conflict of interest arises in the course of the execution of an order, the Contractor may withdraw from the contract with reference to this.

7. Remuneration

7.1 Completion of the order may be made dependent on an appropriate advance payment. After the advance payment has been used up, the Contractor may interrupt the work until a new advance payment is made.

7.2 During the night (6 p.m. – 8 a.m.) the agreed hourly fee shall be increased by 25% and on public Sundays and public holidays by 40%, unless this is explicitly regulated in the service contract.

7.3 Special surcharges are reserved for work abroad.

7.4 Relevant expenses, the use of technical aids and other costs incurred in connection with the order (e.g. accommodation costs, taxi and train journeys, etc.) shall be reimbursed separately by the Client.

7.5 If the Contractor is called upon as a result of the execution of the order in lawsuits or other proceedings by means of a hearing or written statement, the Client shall be obliged to reimburse the time spent and the expenses in accordance with the Contractor’s rates. Compensation paid by the court for the utilisation shall be offset against the Contractor’s remuneration.

8. Payment

8.1 All of the Contractor’s prices are net prices, plus statutory VAT. The Contractor’s invoices are due for payment immediately after the invoice date.

8.2 If the invoice amount is not paid in full 14 days after the invoice date, interest of nine percentage points above the base rate shall be charged, subject to the assertion of further damages; in the case of transactions with a consumer, interest shall be charged in the amount of the usual bank debit interest, at least 5% above the respective Bundesbank discount rate.

8.3 In the event of default in payment and justified doubts as to the solvency or creditworthiness of the Client, the Contractor shall be authorised – without prejudice to its other rights – to cease all activities immediately, to demand securities or advance payments for outstanding services, deliveries, receivables, etc. and to declare all claims arising from the business relationship immediately due and payable.

8.4 Only undisputed or legally established claims shall entitle the Client to offset or withhold payment.

9. Place of jurisdiction

9.1 The law of the Federal Republic of Germany shall apply.

9.2 The place of jurisdiction for all disputes arising from this contract, including its legal validity in whole or in part, shall be the Contractor’s registered office.

10. Effectiveness in the event of partial invalidity

Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes as close as possible to the intended purpose.

Data protection notice

The contractor processes the personal data of the client and other data (together “data”) provided by the client in connection with the existing contractual relationship for the purpose of establishing, implementing and terminating the contractual relationship within the framework of the applicable data protection law in its currently valid version. The data will not be transferred to other third parties.

Detailed information on processing can be found on the website under the link “Privacy“.

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