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1. general - scope of application

  • The Contractor shall assist the Customer on an independent basis with the Customer’s tasks, unless otherwise agreed. The subject of the activity of the contractor is the agreed service and not the achievement of a specific economic success.
  • The presentation of the contractor’s offers on the website is only an invitation to the customer to submit an offer. The contractor will make the client an offer with the services included in detail. The contractual activities of the contractor result from this offer. If the customer requests further activities, a supplementary agreement is required.
  • Insofar as the customer verbally places orders with the contractor, these are binding. The contractor is entitled to the customer confirming verbally placed orders immediately in text form. An order is deemed to have been placed if the contractor, before reaching an agreement on all points of an order, begins with part of the order execution without the customer objecting. An order can also be accepted by the contractor by carrying out the activity if all points of an order have already been clarified. In case of doubt it can be assumed that the provisions of this contract also apply to extensions of the activity.

3. Prices, Terms of Payment, Offsetting, Retention

  • The price agreement results from the offer of the contractor, alternatively from this provision.

  • All prices to entrepreneurs are net prices plus the applicable statutory value added tax, insofar as this is incurred and nothing else has been agreed. In the case of a longer contract period, the contractor has the right to claim an adjustment of the remuneration; the customer is obliged to enter into negotiations with the contractor about this.

  • If a package or a lump sum price has been agreed, this shall apply insofar as the Contractor’s obligation to perform is defined according to the agreement or the circumstances. Unless otherwise agreed, the package price always only includes the payment for the contractor’s activities. All necessary provisions, equipment, expenses, expenses, costs for third parties (with the exception of the contractor’s subcontractors) are to be paid additionally by the customer. The customer must also pay for services of the contractor that are not included in the respective package or the respective flat rate according to the contractually agreed, alternatively the locally customary and reasonable hourly rates plus necessary expenses and expenses.

  • The customer’s payment is due immediately. The customer is informed that he will be in default no later than 14 days after receipt of the invoice. The contractor has the legal rights, in particular the interest rate acc. § 288 Abs. 2 and the lump sum according to § 288 para. 5 to.

  • The customer can only offset if his counterclaims have been legally established, are undisputed or recognized by the contractor or the right to offset is based on the customer’s rights due to incomplete or defective performance from the same contractual relationship.

  • The contractor is authorized to exercise a right of retention for all claims arising from the business relationship with the customer.

8. Termination

  • If a fixed term is agreed in the contract, this shall apply. In this case, termination is not possible. If an agreement on a new fixed term is not reached at the end of a fixed term, the contract becomes an open-ended contract and can be canceled according to para. 2 to be terminated.
  • If a fixed term has not been agreed, the contract can be terminated in writing by either party with a notice period of two weeks to the end of the month. This does not affect the right to extraordinary termination.
  • If the customer terminates the contract, the contractor’s services will be billed pro rata until the termination takes effect. In addition, the Customer shall reimburse the Contractor for those costs that it can be shown to have incurred as a result of and for the direct purpose of carrying out the terminated scope of services in compliance with commercial diligence and that were or are no longer avoidable within the scope of what is reasonable (e.g. data backups that are still required).

11. Confidentiality

  • Only information, data, plans or other documents of the customer that the customer has expressly marked as secret are subject to a non-disclosure obligation on the part of the contractor.

  • The confidentiality obligation does not apply if the information is generally known or is or becomes generally known through no fault of the contractor or becomes generally known through no fault of the contractor, if the information requiring confidentiality has been worked out independently and without consulting the customer’s information, or if the law or an authority requires disclosure due to statutory provisions.

12. Mediation

  • In the event of disputes arising from the business relationship between the contractor and the customer, the parties are obliged to seek an amicable solution. If no agreement can be reached, they undertake to settle their differences in mediation before taking legal action. The possibility of summary proceedings by way of interim legal protection remains unaffected. The mere non-payment of the fee by the customer is not considered a dispute for the purposes of this provision.
  • If one party requests mediation from the other party, both parties are obliged to agree on a mediator within eight days. If this agreement is not reached in due time, a lawyer-based mediator – primarily those mediators who offer online mediation should be chosen – is to be appointed by the President of the Bar Association or a representative at the registered office of the Contractor at the request of one of the parties and is binding for the parties . This is also the place of mediation unless the Chamber Presidium makes a proposal for online mediation. The mediation language is German, unless all participants agree on another language.
  • Legal recourse (or an alternative agreed-upon arbitration, if applicable) will be available only if the mediation fails because (a) the parties mutually agree to terminate the mediation, (b) after the first mediation session, further negotiations are refused by a party, (c) the mediator declares the mediation to have failed, or (d) an agreement is not reached within 3 months after the start of the first mediation session, unless the parties extend the period by mutual agreement.
  • The costs of an unsuccessful mediation are to be borne internally by the parties in half towards the mediator. Irrespective of this regulation in relation to the mediator, the parties are free to demand reimbursement of these costs and any accompanying legal advice as legal costs in subsequent proceedings; the respective dispute decision then applies. If an agreement is reached, the agreed cost regulation applies.

13. Privacy

  • For the contract acc. Art. 6 Abs. 1 lit. b GDPR contract data is collected (e.g. name, address and e-mail address, any services used and all other data transmitted electronically or for storage that are necessary for the execution of the contract), insofar as they are necessary for the justification, content design or changes to a contract are required.
  • The contract data will only be passed on to third parties if it is necessary (according to Art. 6 Para. 1 lit. b DSGVO) for the fulfillment of the contract, this is the overriding interest in an effective service (according to Art. 6 Para. 1 lit. f DSGVO) or consent (according to Art. 6 Para. 1 lit. a DSGVO) or other legal permission is available. The data will not be passed on to a country outside the EU unless the EU Commission has determined that data protection is comparable to that in the EU, consent has been given or the standard contractual clauses have been agreed with the third party provider.
  • Those affected have the right at any time:
    a given consent acc. Art. 7 Abs. 3 GDPR to revoke. Then the data processing that was based on this consent may no longer be carried out, but the revocation does not affect the legality of the data processing carried out up to that point;

    – information acc. Art. 15 DSGVO about the processed personal data, this includes information about the processing purposes, the category of personal data, the categories of recipients to whom the data was or will be transmitted, the expected storage period, the origin of the data, if these were not collected here, as well as automated decision-making including profiling and the existing rights, which are explained here;

    – demand that immediately acc. Art. 16 GDPR incorrect or incomplete personal data is corrected, in particular if the processing purpose has expired, a required consent has been revoked and there is no other legal basis or the data processing is unlawful;

    – demand that acc. Art. 17 GDPR, the stored personal data will be deleted, unless the processing is necessary to exercise the right to freedom of expression, to fulfill a contract, for reasons of public interest or to assert or defend legal claims;

    – demand that acc. 18 GDPR, the processing of personal data is restricted if the accuracy of the data is disputed or the processing is unlawful and deletion is refused and the data is no longer required, but the data subject needs it to assert, exercise or defend legal claims or pursuant to Art . Art. 21 GDPR has lodged an objection to the processing;

    – request that the data provided be published in a structured, common and machine-readable format or transmitted to another person in charge;

    – contact the competent supervisory authority in accordance with Art. 77 GDPR, if the processing of the personal data is not lawful, the supervisory authority of the usual place of residence or work of the person concerned or the registered office of our company is usually responsible.

    – to object if the personal data is based on legitimate interests acc. Art. 6 Abs. 1 S. 1 lit. f DSGVO are processed if there are reasons for this that arise from the particular situation of the person concerned.

  • If the person concerned has registered for the newsletter with his e-mail address, the intermediary will also use the e-mail address of the user for its own advertising purposes beyond the execution of the contract and advertising for similar products. The data subject can unsubscribe free of charge at any time using the unsubscribe link in every email or informal message.

  • In principle, the data is only stored for as long as the purpose of the respective data processing requires. Further storage is primarily considered if this is still necessary for legal prosecution or legitimate interests or if there is a legal obligation to retain the data (e.g. limitation period, tax retention periods).

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