AGB

1-Subject matter of the contract

Collection of general information

Components of the offer are the offer letter and the attached attachments: price sheet, list of services and general terms and conditions. By mutually signing the offer letter, the parties conclude a contract in accordance with the offer and its components. In the following, the offeror is referred to as the “contractor” and the offeree is referred to as the “client”.

2- Type and scope of services

Collection of general information

1. The contractor carries out the services assigned to him efficiently, professionally and on time.

2. The contractor provides the necessary workers. These are subject exclusively to his right to issue instructions. The contractor undertakes to employ reliable personnel. He is responsible for monitoring the execution of the work.

3. The contractor ensures that all employees employed by him meet the legal requirements regarding wage tax, social security, residence and work permits.

4. The contractor provides the equipment and materials required to provide the service. The same applies to employees' work clothing and, if necessary, special protective equipment. The client provides the water required for cleaning (cold or warm), electricity and suitable lockable rooms for dropping off clothes and for the staff to stay as well as for storing materials, equipment, etc. free of charge.

5. The client must ensure that risks of personal injury and property damage to the contractor or his employees are excluded in the property to be cleaned. The client must immediately inform the contractor of any particular sources of danger. The client must also immediately inform the contractor which areas of the property require special care or treatment and point out any other special features. This applies both from a safety perspective and to avoid material and financial damage to the contractor and client.

3- Additional services

Work that is not the subject of the offer will only be carried out for a separate fee.

4- Service fulfillment

1. In the case of recurring services, the contractor's services are deemed to have been fulfilled and accepted in accordance with the order if the client does not raise justified objections in writing no later than the following working day (received by the contractor). The time, place, type and extent of the defect must be explained in detail.

2. For one-off services, acceptance takes place by the client on the same day after written notification of completion by the contractor. Particularly for post-construction cleaning, inspection must be carried out in sections every day. If the client does not comply with the request for acceptance, the work is deemed to have been accepted.

3. In the event of non-contractual fulfillment, the client must, without prejudice to the provisions of Section 281 Paragraph 2 BGB, set the contractor a reasonable deadline for subsequent fulfillment. No warranty is assumed for defects and damage that are due to the client not passing on important information about the type and condition of the surfaces and objects to be cleaned to the contractor. The same applies if the client does not take sufficient precautions for the accessibility of the areas to be cleaned.

4. If the defect cannot be remedied or a further attempt at supplementary performance is unreasonable for the client, the client can demand an appropriate reduction in remuneration instead of supplementary performance.

5- Measurement

The client assures that the spatial and area information provided by him and on which the order is based are complete and accurate. If one of the parties determines that the spatial and area information on which the contract is based is not complete and/or incorrect, the agreed contract prices must be adjusted accordingly. If the contractor actually provided more services than contractually agreed as a result of the incomplete or incorrect spatial and area information, he is entitled to retroactively claim a price increase if necessary.

6- Price adjustment

1. The agreed contract prices are calculated on the basis of the collective agreements of the building cleaning trade in force at the time of conclusion of the contract at the place of performance of this contract, the additional wage costs incurred at that time and the currently applicable/agreed machine, material and raw material prices. The prices stated in the offer are net prices and do not include the respective statutory sales tax.

2. If hourly wages are increased due to a change in the collective agreements of the building cleaning trade, an increase in the statutory additional wage costs or a statutory adjustment of wages, the contractor is entitled to increase the prices agreed with the client in accordance with the percentage of the collective or statutory adjustment . The increase can be claimed for the first time in the month in which the tariff or legal changes come into force.

3. In addition, the contractor reserves the right to adjust the contract prices accordingly if order and company-related costs increase.

4. If the subject of the contract is also the delivery of so-called sales materials, the contractor is entitled to pass on 100% of his supplier's price increases to the client from the month of the increase.

7- Liability

1. The contractor has unlimited liability for intent and gross negligence.

2. The contractor is only liable for simple negligence if essential contractual obligations are violated. Liability is limited to contract-typical and foreseeable damage, but a maximum of the coverage agreed with the liability insurance.

3. Liability for indirect and unforeseeable damage, loss of production and use, loss of profit, lack of savings and financial loss due to third-party claims is excluded in the event of simple negligence.

4. The limitations or exclusions of liability in accordance with Section 7 Numbers 2 and 3 of the General Terms and Conditions do not apply in the event of injury to life, body or health. In this case, the legal provisions apply.

5. Any further liability than that stated in this contract is excluded, regardless of the legal nature of the claim asserted. However, the above limitations or exclusions of liability do not apply to legally mandatory strict liability or liability arising from a no-fault guarantee.

6. The limitations and exclusions of liability in accordance with Section 7 Numbers 2 and 3 of the General Terms and Conditions also apply to the liability of the contractor's vicarious agents and vicarious agents, taking into account Section 7 Number 4 of the General Terms and Conditions.

7. There is no liability for damage that is not reported to the contractor immediately - except in the case of injury to life, body or health.

8- Contract duration and termination

1. The contract comes into force upon receipt of the offer signed by the client by the contractor, unless another date for the start of the contract can be found in the offer. The contract runs for an indefinite period. It can be terminated by either party with 1 month's notice to the end of the month in the first 6 months, and then with 3 months' notice to the end of a quarter.

2. Termination must be in writing. Access to the respective contractual partner is decisive for compliance with the termination date.

3. The possibility of immediate termination for good cause remains unaffected by both parties in accordance with Section 314 of the German Civil Code (BGB). The parties are particularly entitled to issue extraordinary termination without notice if the other party voluntarily or involuntarily goes into liquidation, files for insolvency, becomes insolvent, transfers its assets to third parties or creditors and in comparable cases of impending insolvency.

9- Compensation

1. If the parties have agreed on a flat rate price, it is agreed that the price calculated on a monthly or annual basis is cheaper than each individual calculation. This is a flat rate price that has been calculated based on unrestricted payments over several months or even annually. It must therefore be paid in full even if the work cannot be performed due to a public holiday. Accordingly, the occurrence of a public holiday does not entitle you to a deduction or price reduction. Rather, the holidays have already been taken into account in the pricing. If the cleaning is to be carried out on another day in the event of a cancellation due to a public holiday, this cleaning must be commissioned on the basis of an individual order and paid for separately. If buildings are to be cleaned 7 times a week, cleaning will be carried out on public holidays. In this case, the statutory holiday surcharges are included in the flat rate.

2. If cleaning is canceled, which is the responsibility of the contractor, the invoice amount will be reduced proportionately.

3. For one-off services, the invoice is issued after its termination, for recurring services on the 25th of the current month in a single copy. The invoice amount must be transferred by the client within 7 days of the invoice being issued without deductions to the account specified by the contractor. Cash discounts are not accepted.

4. If, at the time of invoicing, there are discrepancies between the parties regarding the quality of part of the service or there is no acceptance for a partial service, the contractor is entitled to issue an invoice for the part of the service that has been undisputedly provided without defects or has already been accepted. The client is obliged to pay the pro rata invoice amount within the limits set out in Section 9. 3 of the General Terms and Conditions to be paid to the contractor.

5. If the contractor owes the client services in the area of special building cleaning that exceed a period of more than 4 weeks, the contractor is entitled to make advance payments after the first 4 weeks in the amount of the value of the services provided by him up to that point and in accordance with the contract to demand the services owed. The advance payment is made in accordance with § 9 point. 3 of the General Terms and Conditions is due for payment. 6. If the payment deadline is exceeded, default interest of 9 percentage points above the applicable base interest rate in accordance with Section 247 of the German Civil Code (BGB) will be charged. For consumers, the default interest rate is 5 percentage points above the base interest rate. The contractor reserves the right to assert further damages caused by default.

7. Offsetting with retention of the agreed remuneration after the service has been provided is not permitted. The only exceptions are claims that have been legally established or are undisputed.

10- Right to refuse performance/right to extraordinary termination without notice

1. The contractor is entitled to discontinue the contractually agreed service with immediate effect until the outstanding remuneration has been repaid in full if the client is in arrears with the payment of the remuneration due without justifiable reason in the amount of 100% of the agreed gross monthly remuneration and the grace period of 7 days from the date of the letter set by the contractor in writing has expired without success under threat of the right to refuse performance. The backlog can consist of the outstanding remuneration either from one calendar month or cumulatively from different calendar months.

2. After the discontinuation of services, the contractor is entitled to extraordinary termination of the contract without notice in accordance with Section 314 of the German Civil Code (BGB) if he has unsuccessfully given the client a final deadline in writing of 7 days from the date of the letter to pay out the outstanding remuneration. Setting a deadline is unnecessary if the client has finally and seriously refused to provide the service.

3. If the client is in arrears with the payment of the due remuneration amounting to 100% of the agreed gross monthly remuneration and allows the written grace period of 7 days set for him to expire without success, within a period of 6 months from 2 . Once, the contractor is entitled to extraordinary termination of the contract without notice in accordance with Section 314 of the German Civil Code (BGB) without further notice. Section 10, paragraph 1, sentence 2 of the General Terms and Conditions applies.

4. If the client pays a partial amount/partial amounts of the remuneration due within the set deadlines, this only excludes the contractor's rights according to Section 10 Numbers 1, 2 and 3 of the General Terms and Conditions if a relatively small arrears remain after the payments have been taken into account. Minority is assumed to be 5% or less of the gross monthly salary.

5. The contractor also reserves the right to assert claims for damages in the event of late payment.

11- Additional costs

Costs (in particular personnel and material costs) that the contractor incurs due to delays in performance that do not fall within his area of responsibility must be reimbursed separately. In this case, the contractor will immediately prepare a notice of default and send it to the client. The costs will be invoiced separately.

12- Abwerbeverbot

The contractual partners undertake not to poach workers either directly or indirectly. In the event of a violation, the poaching contractual partner must pay the other party a contractual penalty of three months' gross wages.

13- Environmental regulations

The use of cleaning chemicals by the contractor takes place in compliance with the relevant environmental regulations. The disposal of cleaning items and materials is also carried out in compliance with legal regulations. The contractor will carry out the separation of the client's waste in accordance with the legal regulations in the client's property, provided that the client has appropriate separation systems in place. The contractor assumes no liability for the disposal of the client's waste.

14- Confidentiality

The parties must keep confidential all confidential information that the other party makes available to you in connection with this agreement. Confidential information within the meaning of this provision is information, documents, information or data that is designated as such or is to be considered confidential by its nature. The parties mutually undertake to maintain confidentiality from third parties about all confidential information made available to them in connection with the execution of the contract. The parties undertake to only grant access to the other party's confidential information to those employees who are entrusted with the provision of services under this contract. The parties are also obliged to observe the legal provisions on data protection. The obligations arising from this provision are not affected by the termination of the contract.

15- Sharing

The contractor is permitted to transfer the transferred services in whole or in part to third parties.

16- Jurisdiction

The place of jurisdiction is exclusively the registered office of the contractor.

17- Final provisions

1. Changes or additions to this contract must be made in writing, unless a stricter form, in particular notarial form, is required by law. This also applies to a waiver of the above written form requirement. No verbal additional agreements have been made.

2. If a provision of this contract is or becomes ineffective or if the contract contains a loophole, the validity of the rest of the contract should not be affected. § 139 BGB is waived in its entirety. The invalid provision is replaced by the legally permissible provision that comes closest economically to what the contracting parties intended when concluding the contract. If the ineffectiveness of a provision is based on a measure or a time specified in this contract, a legally permissible measure or a time that is as close as possible should replace the agreed provision. A gap in the regulations should be replaced by a provision that corresponds to what the contractual partners would have agreed according to the meaning and purpose of the contract, taking into account all the circumstances, if they had been aware of the existence of the gap.