|1. a service contract is concluded between the client and the contractor. Likewise, a service contract is created by the acceptance of services.
The content of the contract is based on the specifications in the order. In the absence of detailed specifications, the Contractor shall provide the Client with the services described below:
- Preparatory measures for telephone contacts
- Making gross or net telephone calls by arrangement and on the basis of the telephone scheme approved by the client
- Registration of each call attempt or net call. For individual call billing in the contact area including the telephone costs incurred.
- Control by the project manager or trainer appointed by the contractor.
- Weekly status during the duration of the action
- Final report
- Handing over the original contact reports to the contractor after completion of the project.
2. the contractor assumes the obligation towards the client to maintain secrecy about all business secrets of the client that become known to him in the course of the cooperation. He will treat all information and business documents which he receives from the client as confidential and exercise the diligence of a prudent businessman. The Contractor’s obligation of care and confidentiality shall continue to exist after the termination of the contract. The same obligation applies to the Contractor for business secrets that become known during contract negotiations, even if a contractual relationship with the Client does not come about.
3. the contractor will observe the regulations of the Federal Data Protection Act (BDSG), in particular § 37, when executing orders, i.e:
- the contractor will use the data made available to him by the client within the framework of the contractual relationship exclusively in accordance with the client’s instructions.
- The client is solely responsible for protecting the rights of the persons concerned in terms of the BSDG (reliability, notification, information, correction, blocking and deletion). In this respect, he shall indemnify the Contractor against any claims of the persons concerned.
- The contractor is responsible for the data backup during the processing of the order data within the scope of the contractual relationship.
4. the parties may terminate the service contract at any time with a notice period of 4 weeks to the end of the month. For projects that last longer than 12 months without a fixed contractual term, a notice period of 3 months to the end of the quarter applies. The notice of termination must be made in writing. All claims for remuneration and reimbursement of costs incurred within the scope of the contractual relationship remain unaffected by the termination. In the event of termination of the contract by the client or a significant reduction in the scope of the contract, the contractor is entitled to charge the client a flat rate of 50% of the agreed remuneration due to termination and reduction. In the event of a subsequent reduction of the order by more than 50%, the Contractor shall be entitled to charge a minimum quantity surcharge of 10% for partial services already provided. Likewise, the contractor is entitled to charge cancellation fees if bindingly agreed start dates are postponed for which the client is responsible. The lump-sum cancellation fee is calculated for each project
|foreseen telephone contacts at € 38,35 per day over a maximum period of 2 weeks.
5. the client guarantees that he will not employ any of the contractor’s employees, even temporarily, or hire them directly or indirectly as freelancers within 24 months of the end of the assignment. The customer undertakes to pay a contractual penalty of € 25,565 to the contractor for each individual case of infringement.
6. the invoices of the contractor are due and payable within 10 days of the invoice date, unless otherwise described in the offer. Invoices shall be issued broken down for the individual items as follows:
- preliminary costs as in the offer after placing the order
- Costs for seminars and workshops 2 weeks before the start
- For ongoing work (project-related) on the basis of monthly invoices on account according to services rendered. The final invoice is issued and due upon completion of the project or order.
- Travel costs and costs of external services will be charged immediately after they are incurred and are due for payment immediately.
- The travel expenses are paid by the contractor with
- € 0,40 km net as well as € 55,00 net per hour will be charged.
7. if the client is in default of payment, the contractor is entitled to demand interest at the usual bank rate after the invoice has been issued.
8) The contractor is not liable for the fact that the proposed advertising measures are not objectionable under competition law, taking into account special features of the client’s industry. The liability of the contractor is further excluded for the permissibility, correctness and completeness of texts and image designs.
The contractor is not liable for results from market surveys, market research or market analyses.
The client is obliged to check measures, tests and image designs proposed by the contractor as well as print templates provided by the client to ensure that there is no violation of legal regulations of any kind, in particular those relating to competition law and copyright. The client shall be personally liable for such violations of the law and shall in all cases indemnify the contractor against claims by third parties.
The client retains the copyright, design patent or all other rights to all text and image material, project proposals and designs developed by him. The contractor grants the client a non-transferable right of use.
9. place of jurisdiction and place of performance is Heidelberg
10. if individual provisions should be ineffective, the effectiveness of the remaining provisions shall not be affected. In this case, both contracting parties undertake to replace the invalid individual provision which comes closest to the contractual purpose intended by the provision.