§ 1 General / Scope
The basis of the contract is the cost summary signed by us and the customer, which is referred to below as the agreement. The following general terms and conditions apply exclusively to this agreement; conflicting or deviating conditions and other regulations that are not provided for in these terms and conditions only apply if we expressly agree in writing or if there is a deviating regulation in the form of a framework agreement.
§ 2 Scope
The subject of the agreement is the service described. We undertake to carry out the agreement with the necessary care.
§ 3 Remuneration / Costs
(1) The amounts specified in the agreement are decisive. These are empirical and guide values. Our services are billed against proof of the actual time spent at the current hourly rates. Exceeding the total amount listed in the agreement by up to 10% is considered approved and does not require any further coordination. Changes to the scope of costs that go beyond this require a post-calculation. A shift within the calculated individual items is permitted provided that the total amount of the agreement is not exceeded.
(2) Billing on a flat-rate basis may be specified in the agreement.
(3) The reimbursement of other expenses incurred for the purpose of executing the agreement or as a necessary consequence of the execution remains unaffected.
(4) The expenses incurred for the implementation of this agreement/out of pockets (telephone, fax, copies, city couriers, etc.) will be charged at a flat rate of 7.5% of the fee turnover. Travel costs, expenses, flight and hotel costs are billed separately according to expenditure and are not included in the flat rate.
(5) All prices and remuneration are exclusive of VAT.
§ 4 External services
In principle, we commission third-party services in the name and on account of the client. In the case of orders in the name and on account of the consultancy, the invoices will be passed on to the customer with a 15% surcharge for debt service.
Third-party services over 5,000 euros will be invoiced to the customer in advance for half of the amount when the order is placed. After completion of the project, the customer will be invoiced for all external services incurred, minus the advance payment.
Third-party services over 30,000 euros are billed to the customer in three-thirds: one-third in advance when the order is placed, one-third as soon as the project is halfway through. After completion of the project, the customer will be invoiced for all external services incurred, minus the advance payments.
§ 5 Terms of payment
(1) The prices, remuneration, costs and expenses stated in the invoice are due for payment without deduction free to our bank account 14 days from the invoice date. Advance invoices for third-party services are due immediately upon receipt without deduction.
(2) Our services are generally billed monthly.
(3) Offsetting against our claims is only permitted with claims that are undisputed, legally established or recognized by us. The assertion of a right of retention due to counterclaims that are not recognized or not legally established is excluded if these claims are not based on the same contractual relationship.
§ 6 Duties to cooperate and provide information
(1) The customer must carry out all cooperative actions necessary for the implementation of this agreement and support us. This obligation to cooperate applies in particular to time-bound projects in which the cooperation of the customer is essential to meet certain deadlines. The customer ensures that all documents necessary for the execution of the agreement are presented to us in good time and without special request and that we are informed immediately of all processes that may be important for the execution of the agreement.
(2) We are entitled to terminate the agreement after setting a reasonable deadline and threatening termination without observing a period of notice if the customer is in default with his cooperation or acceptance of the service offered. This shall not affect the compensation of the additional expenses and damages incurred as a result.
§ 7 Other
(1) Changes, extensions and other ancillary agreements must be in writing.
(2) Should one of the above provisions be ineffective or unenforceable, the validity of the general terms and conditions will remain unaffected. In place of the invalid or unenforceable provisions, the provision that comes closest to what is economically intended in a legally permissible manner shall be deemed to have been agreed.
(3) This agreement is subject to German law.
(4) The court of jurisdiction is Frankfurt am Main.
Stand: 15.11.2021, BRANDCONTRAST GmbH, i.Gr.