Terms and Conditions for the provision of services by trendana UG (haftungsbeschränkt), foundonect, Harry-S.-Truman-Allee 29, 14167 Berlin, E-mail: [email protected] (hereinafter "Contractor") to its clients (hereinafter "Client").
1.1 These Terms and Conditions (T&Cs) for the provision of services apply to contracts concluded between the Client and the Contractor with the inclusion of these T&Cs. 1.2 The Contractor is entitled, in its own name and for its own account, to subcontract the required services to sub-contractors, who may in turn also engage sub-contractors. The Contractor remains the sole contracting party for the Client. Sub-contractors will not be engaged if the Contractor can foresee that their engagement conflicts with legitimate interests of the Client. 1.3 To the extent that, in addition to these T&Cs, further contractual documents or other terms and conditions in text or written form have become part of the contract, the provisions of those further contractual documents shall take precedence over these T&Cs in the event of any conflict. 1.4 The Contractor does not accept T&Cs deviating from these terms that are used by the Client — unless the Contractor has expressly consented in writing.
2.1 The Contractor provides the following services to the Client as an independent service provider: Social network for company founders. 2.2 The specific scope of services is the subject of individual agreements between the Contractor and the Client. 2.3 The Contractor shall provide the contractually agreed services with the greatest possible care and diligence, in accordance with the latest state of the art, current rules and findings. 2.4 The Contractor is obliged to render the services owed under the contract. In carrying out its activities, however, it is not subject to any instructions regarding the manner in which its services are to be provided, the place or the time of performance. The Contractor shall, however, organise its working days and time allocation in such a way as to achieve optimal efficiency in its work and in the realisation of the subject matter of the contract. The Contractor's performance of services shall take place only in consultation and coordination with the Client.
It is the Client's responsibility to provide the information, data and other content required for the fulfilment of the services completely and correctly. The Contractor shall not be liable in any respect to the Client for delays or defaults in performance that arise from late or necessary cooperation or assistance on the part of the Client; the provisions under the heading "Liability / Indemnification" remain unaffected.
4.1 The remuneration shall be agreed individually. 4.2 Remuneration is due after the services have been rendered. If remuneration is calculated by time periods, it is due at the end of each such period (§ 614 BGB). For effort-based billing, the Contractor is entitled — subject to any deviating agreement — to invoice monthly for services rendered. 4.3 The Contractor shall send the Client an invoice by post or e-mail (e.g. as a PDF) after the services have been rendered. Payment is due within 14 days of receipt of the invoice.
5.1 The Contractor is fully liable on any legal grounds for wilful intent or gross negligence, for intentional or negligent injury to life, body or health, on the basis of a guarantee, insofar as nothing else is stipulated in that regard, or on the basis of mandatory statutory liability. If the Contractor negligently breaches a material contractual obligation, liability is limited to the typical foreseeable damage, unless unlimited liability applies pursuant to the preceding sentence. Material contractual obligations are those which the contract imposes on the Contractor by its nature in order to achieve the purpose of the contract, whose fulfilment is what makes proper performance of the contract possible in the first place and on whose compliance the Client may regularly rely. Any further liability of the Contractor is excluded. The foregoing liability provisions also apply with regard to the Contractor's liability for its vicarious agents and statutory representatives. 5.2 The Client shall indemnify the Contractor against all claims by third parties asserted against the Contractor due to the Client's breach of these terms and conditions or applicable law.
6.1 The duration of the contract and the notice periods for ordinary termination shall be agreed individually by the parties. 6.2 The right of both parties to terminate without notice for good cause remains unaffected. 6.3 After termination of the contract, the Contractor shall, at the Client's choice, promptly return or destroy all documents and other content entrusted to it. The assertion of a right of retention thereto is excluded. Electronic data shall be completely deleted. Excepted from this are documents and data subject to longer statutory retention obligations, but only until the end of the respective retention period. The Contractor shall confirm the deletion in writing to the Client upon request.
7.1 The Contractor shall treat all processes that come to its knowledge in connection with the engagement in strict confidence. The Contractor undertakes to impose the duty of confidentiality on all employees and/or third parties who have access to the information that is the subject of the contract. The duty of confidentiality applies indefinitely beyond the duration of this contract. 7.2 The Contractor undertakes to comply with all data protection regulations in the performance of the engagement — in particular the provisions of the General Data Protection Regulation and the Federal Data Protection Act.
8.1 The law of the Federal Republic of Germany applies, to the exclusion of the CISG. 8.2 Should any provision of these T&Cs be or become invalid, the validity of the T&Cs as a whole shall not be affected. 8.3 The Client shall support the Contractor in the performance of its contractual services through appropriate acts of cooperation as required. In particular, the Client shall provide the Contractor with the information and data necessary for the fulfilment of the engagement. 8.4 If the Client is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany, the parties agree that the registered office of the Contractor shall be the place of jurisdiction for all disputes arising from this contractual relationship; exclusive places of jurisdiction remain unaffected. 8.5 The Contractor is entitled to amend these T&Cs for objectively justified reasons (e.g. changes in case law, legislation, market conditions or business or corporate strategy) and subject to giving reasonable notice. Existing customers will be notified by e-mail no later than two weeks before the amendments take effect. If the existing customer does not object within the period stated in the amendment notice, their consent to the amendment shall be deemed to have been given. If they do object, the amendments shall not take effect; the Contractor is then entitled to terminate the contract with extraordinary notice as of the date the amendments would have taken effect. The notification of the intended amendment to these T&Cs will indicate the deadline and the consequences of objecting or failing to object.
The EU Commission provides an online dispute resolution platform on the internet at the following link: https://ec.europa.eu/consumers/odr This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer. The provider is neither willing nor obliged to participate in a consumer dispute resolution procedure under the VSBG. Our e-mail address can be found at the top of these T&Cs.