The contractor only collects and uses personal data insofar as this is necessary for the execution of the contract. The collection and processing of the client’s or client’s employees’ personal data takes place regularly only upon your request in the context of contract negotiations and if the processing is permitted by legal regulations. You can find complete information on the processing of your personal data here https://www.directline-marketing.de/datenschutz/
The order is carried out as order processing.
The client and the contractor are each responsible within the meaning of the EU General Data Protection Regulation (GDPR). In addition to the main contract (offer or contract according to § 3), the legally required order processing agreement according to Art. 28 Paragraph 3 GDPR is agreed separately.
The client provides the contractor with his price lists, his offer catalogs and his general terms and conditions in the currently valid version in good time.
He notifies the contractor of changes in the offer, prices, general terms and conditions and other for the contractor important circumstances immediately.
The client must notify us of any defects in writing immediately, but no later than one week after the daily service has been performed. If the timely notification of defects is not made, all later asserted claims are excluded. The service is deemed to be recognized in accordance with the contract and free of defects. The service will be provided with the care customary in the industry. If there are significant deficiencies in the service within 6 months, the client is obliged to request the contractor to remedy the deficiencies. The contractor is allowed 2 attempts to remedy the defect. Obligations to remedy defects only relate to the unchanged service provided by us.
The contractual relationship can be terminated by both sides at any time with a notice period of 5 working days during an action. In the event of default in payment, we reserve the right to withdraw from the contract immediately. The termination must be made in writing in any case. The application of § 627 BGB is excluded. The contractor can terminate the contractual relationship extraordinarily for an important reason and without observing a period of notice. An important reason exists in particular if – the client is over-indebted or becomes insolvent; -the client files an application to open insolvency proceedings; -the contractor / client commits significant breaches of contract and he does not immediately undo this behavior contrary to the contract despite a warning, insofar as such is not dispensable.
In the event that the client terminates or reduces the commissioned project scope, the services that are no longer to be provided will be canceled with a lump sum of 20%, the fee claims that did not arise as a result of the termination, as well as any Minimum quantity surcharge billed on services already provided. If, after the binding start date of individual project runs, there are postponements that are not caused by the contractor, cancellation fees may be charged. They amount to € 150 per day for each contact planned for the project. Both the client and the contractor reserve the right to prove lower or higher damage in individual cases.
Our employees may not be employed or commissioned directly by the client as employees or freelancers up to 12 months after the completion of the order. The contractor is entitled to charge a contractual penalty of € 10,000 if this provision is violated.
Status: May 2018