Terms of Service

§1 Scope

  1. The general terms and conditions of Direct Line Marketing und Kommunikation GmbH apply exclusively, subject to individual agreements. We do not recognize any terms and conditions of the client that contradict or deviate from these conditions, unless we have expressly agreed to their validity. These terms and conditions also apply if we carry out the order without reservation in the knowledge of corresponding or deviating conditions of the client.
  1. The subject of the contract is the provision of Service or the creation of the agreed work. Verbal collateral agreements do not exist. Changes and additions to the content of the contract must be made in writing.
  1. These conditions also apply to all future business with the client. Changes to our conditions are deemed to have been agreed upon from the time they are first received by the client. At the request of the contractor, the client is obliged to expressly consent to the changes. In the event of non-consent, the contractor has an extraordinary right of termination.

§2 Your personal data

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/

§3 Offer and conclusion of contract

  1. Our offers are subject to change and non-binding and require a written order confirmation by the contractor.
  2. Our requirements are for the content of the contract (task, procedure, work results to be delivered, remuneration, execution period, acceptance conditions) Offer decisive, unless a written contract has been concluded.
  3. We can accept or reject customer orders that qualify as offers according to § 145 BGB within 4 weeks.
  4. Minor deviations from the description of the offer are considered approved and do not affect the fulfillment of the contract, provided that the deviation is reasonable for the client. This applies in particular in the event of changes or improvements that serve technical progress or the upgrading of the service.
  5. For all documents created by us (such as concepts, texts, drafts, discussion guides and comparable services) the property rights, copyrights, designs or other rights remain with the contractor. They may not be made accessible to third parties without our express written consent and may not be used outside of the contractual relationship with the contractor.

§4 Contract conclusion of order processing

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.

§5 Remuneration - Terms of Payment

  1. All offers and prices are given in euros. Statutory value added tax is not included in our prices: it is shown separately on the invoice at the statutory rate on the day of invoicing.
  1. The acceptance of bills of exchange and checks we reserve the right to accept them on account of performance. The repayment of our claim only occurs with the unconditional crediting of the equivalent value to our account.
  1. Our invoices are due immediately after invoicing without deduction. If the client is in default of payment, we will charge default interest at a rate of 9 percentage points above the respective base rate, subject to proof of higher damage are entitled to us to the extent permitted by law. The client is only entitled to offset if his counterclaims have been legally established, are undisputed or have been recognized by us. The client has no right of retention due to contested counterclaims. We are entitled, in spite of the customer’s provisions to the contrary, to initially offset payments against the customer’s older liabilities. A payment is only considered to have been made when Direct Line can dispose of the amount. In the case of checks, payment is deemed to have been made when the check is cashed.

§6 Obligations of the client

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.

§7 Acceptance - warranty

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.

§8 Limitation of Liability

  1. Unless otherwise specified in this contract, the contractor’s liability for claims for damages and claims for reimbursement of expenses, regardless of the legal grounds, is excluded. The contractor is therefore not liable for any loss of profit or other financial losses suffered by the client. The exemption from liability in accordance with Section 1 does not apply to damage – from injury to life, limb or health that is based on at least a negligent breach of duty for which the contractor is responsible, or – on an at least grossly negligent breach of duty by the contractor or its statutory breach Representatives or vicarious agents or vicarious agents are based.
  1. The exemption from liability in accordance with section 1 does not apply to damage caused by at least negligent behavior for which the contractor is responsible Violation of an essential contractual obligation, provided that the achievement of the contractual purpose is endangered by the violation. In the event of defects, such a risk is only given in the case of significant defects. In the event of a breach of a material contractual cardinal obligation, the liability of the contractor is limited to the contract-typical, foreseeable damage, unless there is intent or gross negligence or the damage is based on at least negligent injury to life , body or health. As far as the liability of the contractor is excluded or limited, this also applies to the personal liability of the employees, workers, employees, representatives, vicarious agents and vicarious agents of the contractor.

§9 Termination

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.

§10 Withdrawal agreements

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.

§11 Non-compete

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.

§12 Confidentiality

  1. The client and the contractor undertake to transfer all items that are received or become known to them by the other contractual partner before or during the execution of the contract, which are legally protected or contain business or trade secrets or are designated as confidential to treat the end of the contract confidentially, unless they are publicly known without breaching the confidentiality obligation.
  2. Business or trade secrets within the meaning of 1. are in particular – all business and personal data, -development-, Research and planning data offers, reactions to offers, inquiry documents and all related processes as well as all oral or written confidential information, knowledge gained, work results, expert opinions and materials, samples, drawings, computer simulations, data, files, There (objects).
  3. Confidential within the meaning of paragraph 1 are all information, findings or materials that are brought in on the occasion or occasionally of an order or a collaboration or that are identified or identified as such, as well as those , the premature knowledge of which would be useful to a competitor of the contractor, as well as all personal data within the meaning of the General Data Protection Regulation and the Federal Data Protection Act.
  4. The client and contractor only make the subject matter of the contract accessible to employees and other third parties, who need access to perform their official duties. You instruct these persons about the confidentiality of the objects and oblige them to confidentiality according to Art. 29 GDPR, Art. 32 Para. 4 GDPR.

§13 Place of fulfillment - place of jurisdiction - applicable law

  1. The place of performance is our place of business.
  2. In the case of contracts with registered traders, legal entities under public law or special funds under public law, our place of business is agreed as the place of jurisdiction; However, we are also entitled to sue the client at his company/residence court.
  1. German law applies exclusively to the contractual relationship.

Status: May 2018