Terms of Service
Last Edit: 10/11/2023
General Terms and Conditions (AGB) for the provision of services by 3B Solution, Georg Blascheck; 3B SolutionDE; 3B SolutionPH Corp., Weindenweg 17, 15806 Zossen, Email: info@3bsolution.de (hereinafter referred to as the "Contractor") to its customers (hereinafter referred to as the "Client").
General 1.1 These General Terms and Conditions (AGB) for the provision of services apply to contracts concluded between the Client and the Contractor, including these AGB. 1.2 The Contractor, including these AGB. 1.2 The Contractor is authorized to subcontractors in its own name and at its own expense, who may also use subcontractors themselves. The Contractor remains the sole contractual partner of the Client. Subcontractors are not used if it is evident to the Contractor that their use is contrary to the legitimate interests of the Client. 1.3 In addition to these AGB, if other contract documents or other terms and conditions in text or written form have become part of the contract documents take precedence over these AGB in case of conflicting terms and conditions, which are used by the Client, are not recognized by the Contractor unless expressly agreed.
Subject Matter of the Contractor and Scope of Services 2.1 The Contractor provides the following services to the Client as an independent contractor: Sale and marketing of commercial and/or private real estate in Germany and abroad. Consulting services related to real estate. 2.2 The specific scope of services is the subject of individual agreements between the Contractor and the Client. 2.3 The Contractor provides the contractual services with utmost care and diligence in accordance with the latest standards, rule, and knowledge. 2.4 The Contractor is obliged to provide the services owed under the contract. However, in carrying out its activities, it is not subject to any instructions regarding the manner of providing its services, the place service provision, or the time of service provision. However in scheduling workdays and time allocation on these days, the Contractor will determine them in a way that optimizes efficiency in its work and the realization of the contract subject. The provision of services by the Contractor is only done in coordination with the Client.
Client's Obligations to Cooperate It is the responsibility of the Client to provide complete and correct information, data, and other content that the Client is required to provide for the purpose of the performance. The Contractor is not responsible for delays and delays in service provision resulting from the Client's delayed and necessary cooperation or assistance; the provision under the heading "Liability/Indemnification" remain unaffected.
Remuneration 4.1 The remuneration is agreed individually in the contract. 4.2 The remuneration is to be paid after the provision of services. If the remuneration is based on time intervals, it is to be paid at the end of each time invervals, (§ 614 BGB). In case of cost-based billing, the Contractor, unless otherwise agreed, is entitled to invoice the services provided on a monthly basis. 4.3 The Contractor will invoice the Client by mail or email (e.g, as a PDF) after provision of services. The remuneration is due for payment within 14 days after receipt of the invoice.
Liability/Indemnification 5.1 The Contractor is liable without limitation for any legal reason in cases of intent or gross negligence, intentional or negligent injury to life, body, or health, based on a guarantee promise, unless otherwise regulated, or due to mandatory liability. If the Contractor negligently breaches a material contractual obligation, liability is limited to the typical, foreseeable damage, unless unlimited liability is provided for in the preceding sentence. Material contractual obligations are obligations that the contract imposes on the Contractor according to its content to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract, and on the observance of which the Client regularly relies. In all other respects, the Contractor's liability is excluded. The above liability provisions also apply with regard to Contractor's liability for vicarious agents and legal representatives. 5.2 The Client indemnifies the Contractor from any claims by third parties that are asserted against the Contractor due to breaches of these contract terms or applicable law by the Client.
Term of the Contract and Termination 6.1 The term of the contract and the notice periods for ordinary termination are agreed upon individually by the parties. 6.2 The right of both parties to terminate the contract without notice for cause remains unaffected. 6.3 The Contractor must immediately return or destroy all documents and other content provided to it by Client after the termination of the contract, at the Client's option. The exercise of a right of retention in this regard is excluded. Electronic data must be completely deleted. Excluded from this are documents and data for which a longer statutory retention obligation exists, but only until the end of the respective retention period. The Contractor must confirm the deletion in writing upon the Client's request.
Confidentiality and Data Protection 7.1 The Contractor will treat all processes that come to its knowledge in connection with the contract as strictly confidential. The Contractor undertakes to impose the obligation of confidentiality on all employees and/or third parties who have access to the contract-related information. The obligation of confidentiality continues indefinitely beyond the term of this contract. 7.2 The Contractor undertakes to comply with all data prot4ection regulations during the execution of the contract, in particular the provision of the General Data Protection Regulation and the Federal Data Protection Act.
Final Provision 8.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the international Sale of Goods (CISG). 8.2 If a provision of these AGB is or becomes invalid, the validity of the AGB in other respects will not be affected by this. 8.3 The Client will support the Contractor in the provision of its contractual services with appropriate acts of cooperation, if necessary. In particular, the Client will provide the Contrator with information and data necessary for the performance of the contract. 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 to the Contractor's registered office as the place of jurisdiction for all disputes arising from this contractual relationship; exclusive places of jurisdiction remain unaffected. 8.5 The Contrator is entitled to change these AGB for legitimate reasons (e.g., changes in case law, legal situation, market conditions, or business or corporate strategy) and with reasonable notice. Existing customers will be notified of this change by email at least two weeks before the change takes effect. If the existing customer does not object within period specified in the change notified in the change notification, their consent to the change is considered granted. If they object, the changes will not take effect; in this.
