Terms and Conditions

General terms and conditions

 

§1 General

1. The terms and conditions apply to all current and future business relationships with companies within the meaning of Section 14 of the Civil Code (BGB), legal entities under public law and public -legal special funds.
2. Different or supplementary general terms and conditions, even if known, will only become part of the contract if their validity is expressly agreed to.

§2 Type and scope of the service

1. Services between the client and Clean Service must be agreed in text form in the form of contracts, orders or offers.
2. Agreements between the client and the Clean Service company are binding if the client makes an offer/ signed an order containing these conditions. The same applies if the client has received the written order confirmation before the work begins.
3. The Clean Service company undertakes to carry out the contractually agreed service in a proper and professional manner as agreed in the offer/order. Order changes or extensions are only valid if they are specified in writing, in exceptional cases orally, by the persons authorized to do so in terms of type and scope.
4. Oral orders will be confirmed in text form if technically and in terms of time possible the company Clean Service agreed. If the order confirmation is not objected to within one working day or at least 24 hours before execution, the order is deemed to have been placed.
5. The duration of the order for maintenance cleaning work is - unless otherwise agreed in writing - one year from the start of the order . If the service is not canceled three months before the end of the initial term, the order will be extended for another year and then again for another year, etc.
6. The cleaning work is generally carried out on normal working days (except weekends and public holidays). Deviations from this require special written agreements.
7. After completion of the cleaning work outside the client's business hours, the Clean Service company locks windows and doors and switches off the lighting, unless otherwise agreed.

§3 Abnahme und Gewährleistung

1. The work performed by Clean Service for recurring services is deemed to have been fulfilled and accepted in accordance with the order if the client does not immediately raise substantiated objections in writing - at the latest upon commissioning. The time, place, type and extent of the defect must be described in detail.
2. For one-off work services (e.g. final construction cleaning), acceptance - if necessary also in sections - takes place no later than 24 hours after Textformer reports completion by the Clean company Service. If the client does not comply with the request for acceptance, the work is deemed to have been accepted. If the contractor fails to meet an acceptance date, the work is deemed not to have been accepted.
3. If the client legitimately complains about defects in the contractually agreed service, Clean Service is obliged to provide subsequent performance within a reasonable period of time. 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 Clean Service. 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 instead demand a reduction in the remuneration (reduction) or terminate the contract. If there is only a minor breach of contract, in particular if there are only minor defects, the client is not entitled to the right of termination.
5. Damages can only be claimed in cases of intent and gross negligence. The obligation to pay compensation is limited to the damage that is typically foreseeable under the contract. For one-off services, the compensation is limited to the amount of the agreed wages, for recurring services to two months' remuneration.
6. Warranty period is 12 months.

§4 Oversize

1. The dimensions on which the billing is based must be determined in accordance with the guidelines for awarding and billing of the Federal Guild Association of the Building Cleaning Trade.
2. If the client does not immediately object to the determination, the dimensions are considered accepted.
3. If one contracting party determines that the dimensions used are incorrect, the newly determined dimensions jointly determined by the client and contractor will only apply to future invoices. Refunds or additional demands for the past are excluded.

§5 Cleaning agents and equipment

1. The Clean Service company provides the equipment, cleaning and care products required for the cleaning work in sufficient quantities at its own expense available. Only high-quality formaldehyde-free cleaning agents are used for all work. Corrosive and acidic agents may not be used - with the exception of toilets. PVC floors must be cleaned with antistatic and non-slip agents.
2. The client provides the water, electricity, paper and garbage cans, towels and toilet paper necessary for cleaning, as well as a place to store the aids (material, machines, Devices) lockable room, cupboard or similar is available and covers the costs.

§6 Personnel

1. The Clean Service company provides the necessary workers. Only professionally qualified and reliable personnel are used. The company Clean Service provides appropriate work clothing.
2. Foreign personnel may only be employed if they have a residence and work permit. The staff employed is monitored by the property managers of the Clean Service company and receives their instructions from them.
3. The property management is the representative of the Clean Service company with regard to the right to give instructions. Staff are expressly prohibited from looking into documents, files, folders, etc. and from opening cupboards, desks or other containers. The staff is obliged to maintain confidentiality about all business and trade secrets that become known in connection with the employment relationship. The staff is also obliged to immediately hand over any valuables that are found in the rooms to be cleaned to the client. The staff is prohibited from taking people who are not employed by Clean Service to the workplace. This also applies to children.
4. The client is prohibited from poaching Clean Service employees.

§7 Terms of payment

1. Unless otherwise agreed, the Invoices are payable without deductions within 7 days of receipt. Discounts will not be accepted unless otherwise agreed.
2. The invoices are due on the last day of the current month at the latest, unless otherwise agreed. This condition also applies to contracts with recurring services as part of a continuous cleaning order.
3. If the payment deadline is exceeded, default interest of 8% above the applicable base interest rate in accordance with Section 247 of the German Civil Code (BGB) will be charged. We reserve the right to assert further damages caused by default.
4. Despite the client's provisions to the contrary, Clean Service is entitled to initially offset payments against older debts if Clean Service informs the client of the type of subsequent offsetting. If costs and interest have already been incurred, Clean Service is entitled to offset the payment first against the costs, then against the interest and finally against the main service.
5. A payment is only considered to have been made when the Clean Service company can dispose of the amount. In the case of checks, payment is only considered to have been made when the check is cashed.
6. Reminders will be charged to the client at € 10.00. If the client defaults, Clean Service is entitled to charge interest from that point in time in accordance with Section 288 of the German Civil Code.
7. If Clean Service becomes aware of circumstances that question the creditworthiness of the client, or if the client is in default with any payment obligations to Clean Service, or if checks are not cashed, all existing claims become due immediately . In this case, Clean Service is also entitled to demand advance payments or securities and not to provide any further services until full payment has been made.
8. The client is entitled to set off, withhold or reduce the amount, even if notices of defects or counterclaims have been asserted are only entitled if the counterclaims have been legally established or are undisputed.
9. If the contractual relationship is terminated, Clean Service is entitled to immediately invoice the services owed up to the end of the contract. In such a case, the client is obliged to pay in advance.
10. In the event of late payment, Clean Service's cleaning obligations and its liability are suspended, without the client being released from the obligation to pay for the contract period or the contract at all. If the client defaults on accepting the agreed service, Clean Service can demand compensation for non-performance if the legal requirements are met. However, the Clean Service company is free not to state the amount of its claim in detail and instead to claim 70% of the hourly rate as compensation for non-fulfillment for each hour of cleaning not carried out. The client has the right to prove that the Clean Service company did not suffer any damage or only suffered damage to a lesser extent as a result of the delay in acceptance.

§8 Execution by other companies

The company Clean Service is entitled to use other companies to fulfill its obligations.

§9 Liability

1. The contractor is liable for damages that can be proven to be attributable to cleaning measures within the scope of his liability completed business liability insurance. At the client's request, specific proof of insurance must be provided to him. Liability does not apply for damages that are not reported to the contractor immediately.
   1. If the client is a merchant, Clean Service is only liable within the scope of the statutory provisions for damages caused by intent or gross negligence on its part, their legal representatives or their executive employees. If the cause is due to simple negligence, Clean Service is only liable if essential contractual obligations are breached. Any further liability is excluded.
   2. If the client is a non-merchant, Clean Service is also liable for damages caused by its other vicarious agents. If the Clean Service company is exceptionally liable in the area of ​​simple negligence, its liability is limited to compensation for typical, foreseeable damage.

2. All atypical, unforeseeable damage is therefore not eligible for compensation in this area . This includes, in particular, damage that has no connection with the service provided by Clean Service, such as when operating window devices or when operating and maintaining machines, boilers, heating devices, electrical systems, etc.
3. In the event of injury to life, body or health, the statutory provisions apply

§10 Security retention

The client's right to retain security amounts for the completion of the contractual services or possible warranty claims is excluded.

§11 Validity of the contract

If individual parts are invalid, the remaining provisions remain valid. The invalid clause should be replaced by a regulation that comes closest to the intended purpose of the original provision legally and economically.

§12 Place of jurisdiction

The exclusive place of jurisdiction is the registered office of Clean Service in Frankfurt am Main.

§13 Data storage

It is pointed out that business-necessary data, to the extent permissible within the framework of the Federal Data Protection Act (§ 26 BDSG), is stored electronically and managed.

 

As of May 5, 2020