Terms and Conditions
(Last updated August 2016)
§ 1 The contracting parties
The parties to this agreement are the customer (subsequently referred to as the “Client”) and FiRe Service & Consulting, Bismarckstraße 63, 12169 Berlin (subsequently referred to as the “Contractor”). Should one of the parties use the services of a third party in the execution of this contract, this third party does not become a party to this contract. Unless an express agreement to the contrary has been concluded, this agreement does not confer any protection to third parties. The services provided by the Contractor are performed exclusively on the basis of these terms and conditions. This applies to all future business relations, even if they have not been subject to repeated express agreement. The services to be performed are set out in a separate agreement.
§ 2 Remuneration and due date
The parties to the contract agree to the payment of an hourly, monthly or final payment due after the end of the contracted services in return for the activities performed in accordance with the provisions of § 1 of this agreement. All invoices are payable to the company account specified on the invoice 14 days after its receipt.
§ 3 The obligations of the Client
(1) The Client is to make available to the Contractor all documents required to perform the contracted tasks at a time which permits him an appropriate processing time. This applies to the information pertaining to procedures and circumstances which could be relevant for the performance of the task in accordance with this agreement. Data carriers and their content which the Client makes available to the Contractor must be in an unassailable technical condition. Should this prove otherwise, the Client is obliged to pay compensation for all damage incurred by the Contractor through the use of the data carrier.
(2) The Contractor is to note all the correspondence received from the Client and comply with their specifications / answer them. The Client is to check all outcomes for their completeness and correct nature and to inform the Contractor of any objections without delay.
§ 4 The obligations of the Contractor
(1) The Contractor is to perform all the tasks with which he has been instructed in accordance with the principles of sound accounting.
(2) The Contractor is required to maintain strict confidentiality regarding all information provided to him for the purpose of the tasks regulated by this agreement, unless he is provided with written release from this requirement. This obligation shall also remain in force following the termination of this contract. The duty of confidentiality does not exist to the extent that disclosure is required to preserve the interest of the Contractor.
(3) The Contractor is to execute the tasks on the basis of the documents and information provided by the Client. In so doing, he will proceed from the assumption of the correctness and completeness of the information contained in this documentation. He is to inform the Client of any errors or omissions which this documentation contains.
§ 5 Rectification of a defect
(1) The Client has the right to the rectification of any defects of performance. The Contractor must first be given the opportunity to make amendments. If the Contractor fails to rectify these asserted defects within an appropriate period or should he refuse to rectify these defects, the Client is entitled to have the defects rectified by another provider at the cost of the Contractor or demand appropriate reduction of the remuneration.
(2) Obvious defects, such as typing, arithmetical or transfer errors may be corrected by the Contractor at any time, even towards third parties and without the knowledge of the Client. The Contractor is permitted to correct other defects towards third parties with the permission of the Client. Permission is not required if legitimate interests of the Contractor take precedence over the interests of the Client.
§ 6 Liability
The liability of the Contractor for damages caused by his person - not including damage caused by gross negligence and intent - is restricted to a maximum sum of three times the value of an average monthly invoice for a complete assessment month without Sales Tax. Any further liability on the part of the Contractor, in particular for subsequent damage, is expressly excluded. Any claim for damages on the part of the Client shall lapse within two years after the point at which the claim arose.
§ 7 Retention of records
(1) The Contractor shall keep the documents pertaining to the task commissioned within the scope of the agreement for a period of seven years from the end of the commission. This obligation shall lapse before the end of this period if the Contractor issues the Client with a written request to take receipt of these documents and the Client does not comply with this request within six months of receiving the request.
(2) Documents as defined by this provision includes all texts which the Contractor has received from the Client or on his behalf, for the purpose of processing the tasks conferred upon him. This does not apply to correspondence between the Contractor and the Client and for documents which the Contractor has already received (in original or copy) before commissioning of services and to working papers drawn up for internal purposes.
(3) At the request of the Client (upon completion of the assignment at the latest) the Contractor is to return all documents to the Client within an appropriate period. The Contractor is permitted to make copies of the documents which he returns to the Client and retain these.
(4) The obligation of the Contractor to keep data carriers, lists and the contents of data carriers ends one month after the provision of the printed monthly evaluations or a month after the conclusion of this agreement.
§ 8 Surrendering and the right of retention of working results and documents
The Contractor is entitled to refuse to surrender his working results and documents until he has received payment in full of his fees and expenses incurred. This provision does not apply if their retention constitutes a breach of good faith in the circumstances in question, in particular owing to disproportionality. The Client is entitled to retain an appropriate portion of the remuneration until defects asserted in a timely fashion have been rectified.
§ 9 Duration of and alterations to the agreement
The duration of the contractual relationship is subject to individual agreement. There are no oral or written supplementary agreements to this contract. Alterations and amendments to this agreement require the written form in order to be effective. This also applies to the change of the written form clause.
Partial invalidity clause
Should parts of or individual formulations contained within this text prove to be invalid, are no longer valid or are not completely valid with regards to the applicable legal regulations, the remaining parts of this document remain unaffected by these circumstances in terms of their content and validity.
§ 11 Final clause
These terms and conditions are subject exclusively to German law. The court of venue for any disputes arising from this agreement is agreed as being the location of the registered headquarters of the Contractor. Should one or more clauses of this agreement be deemed to be ineffective in whole or in part, or should it be held to be incomplete, this fact has no effect on the validity of its remaining provisions. In such a case, the contracting parties commit themselves to replace an invalid provision with a valid undertaking which corresponds as closely as possible to the aim and purpose of the invalid provision. Should it later be discovered that the agreement is incomplete, the parties to the agreement undertake to draft any such missing provisions, which corresponds to the original intention and purpose of the agreement and which would have been drafted had the absence been recognized upon signature of the agreement.