§ I. General - Scope

1. The terms and conditions apply to all current and future business relationships with companies within the meaning of § 14 of the German Civil Code (BGB), legal persons under public law and special funds under public law.

2. Deviating or supplementary terms and conditions, even if known, are only part of their validity

§ II. Nature and scope of the service

1. Agreements between the client and the contractor are binding if the client signs an offer / order that contains these conditions. The same applies if the client has received the written order confirmation before the start of the work.

2. The services are carried out as agreed in the offer / order. Changes to orders and / or extensions are only valid if they are specified in writing and, in exceptional cases, verbally, by authorized persons.

3. After completion of the cleaning work outside of the client's business hours, the company clean & safe services closes windows and doors and switches off the lighting, unless otherwise agreed.

§ III. Acceptance and warranty

1. The work performed by the company clean & safe services shall be deemed to have been fulfilled and accepted in accordance with the order if the customer does not raise objections justified in writing, at the latest within 24 hours. Time, place, type and extent of the defect must be described exactly.

2. In the case of one-off works services (eg final cleaning of the building), the acceptance takes place - if necessary also in sections - no later than 24 hours after the written notification of the completion by the company clean & safe services. If the client does not comply with the request for acceptance, the work is deemed accepted.

3. If defects are objected to by the client in the contractually stipulated performance, the contractor is obliged to remedy the defect. For defects and damages that are due to the fact that the client has not passed on important information about the nature and condition of the surfaces and objects to be cleaned to the contractor, no warranty is accepted. The same applies if the client does not make sufficient provision for the accessibility or accessibility of the surfaces to be cleaned.

4. Damages can only be demanded in cases of intent and gross negligence. The obligation to pay compensation is limited to the contractually foreseeable damage. In the case of one-off services, the compensation is limited to the amount of the agreed wages, with recurring services limited to two months' wages.

§ IV. Cleaning agents and equipment

1. The company clean & safe services provides the necessary equipment for cleaning, cleaning and care products in sufficient quantity at their expense.

2. Only high quality formaldehyde-free cleaning agents are used for all work.

3. The client provides the necessary water for cleaning, electricity, paper and garbage cans, towels and toilet paper as well as a space for the storage of aids (material, machinery, equipment) closable space, or similar. available and takes over the costs.

§ V. Lounges

1. The client undertakes - if necessary - to provide suitable rooms for the staff of the company clean & safe services free of charge.

§ VI. Key and emergency regulations

1. The keys necessary for the service are to be provided by the client on time and free of charge. For key losses and for willful or negligent caused by the staff of the company clean & safe services key damages the company is liable for clean & safe services in the context of paragraph 11.

§ VII. Execution by other companies

1. The company clean & safe services is entitled to use to fulfill their obligations of other companies.

§ VIII. Interruption of cleaning

1. In case of war or strike, in case of riots and other cases of force majeure, the company clean & safe services can interrupt the cleaning service, as far as its execution is impossible, or change accordingly.

2. In the event of interruption, the company clean & safe services is obliged to reduce the remuneration according to the saved wages for the duration of the interruption.

§ IX. Non-payment of the fee

1. In the event of default in payment, the cleaning obligations of the company clean & safe services and their liability are suspended, without the customer having been released from the obligation to pay for the contract period or the contract at all.

2. If the client defaults on the acceptance of the agreed service, then the company clean & safe services may demand compensation for non-fulfillment if the legal requirements are met.

3. However, it is up to the company clean & safe services not to set out in detail the amount of their claim and instead claim 30% of the hourly rate for each non-accepted cleaning hour as compensation for non-performance.

4. The customer has the right to prove that the company clean & safe services has not suffered any damage or damage in a lesser amount due to the delayed acceptance.

§ X. Succession

1. In the event of the client's death, the legal successor enters into the contract, unless the subject matter of the contract was primarily geared to the personal interests of the client.

2. By death, other legal succession or change of law in the area of ​​the company clean & safe services, the contract is not affected.

§ XI. Liability and limitation of liability

1. If the customer is a merchant, the company is liable for clean & safe services under the statutory provisions only for damage caused by intent or gross negligence of her, her legal representatives or their officers. If the causation is based on simple negligence, the company clean & safe services is basically only liable if essential contractual obligations are violated. Any further liability is excluded.

2. If the customer is a non-merchant, the company is liable for clean & safe services also for damages caused by their other vicarious agents. If the company clean & safe services exceptionally assumes liability in the area of ​​ordinary negligence, then its liability is limited to the compensation of the typical foreseeable damage, which corresponds to the following maximum liability limits:

€ 3,000,000.- for personal injury

€ 3,000,000.- for damage to property per claim

€ 3,000,000.- for key damages per claim

€ 1,000,000.- for damage to the work

€ 500,000.- for financial loss

3. Consequently, all atypical, unforeseeable damage can not be compensated in this area. This includes, in particular, damage that is not related to the services provided by the company clean & safe services, such as operation of window installations or the operation and care of machines, boilers, heating devices, electrical installations or similar.

§ XII. Assertion of liability claims

1. The client is obliged to assert claims for liability immediately in writing.

§ XIII. Payment of the fee

1. Unless otherwise agreed, the invoices are payable immediately after invoicing without deduction.

2. In the case of contracts with recurring services as part of a continuous cleaning order, the company clean & safe services invoices its services to the customer on the last day of the current month, unless otherwise agreed.

3. The company clean & safe services is entitled, despite contrary provisions of the client first payments to its older debts, if the company clean & safe services informed the client about the nature of the following offsetting. If costs and interest have already been incurred, the company clean & safe Services is entitled to offset the payment first against the costs, then against the interest and finally against the main service.

4. A payment is only deemed to be made if the company can dispose of the amount to clean & safe services. In the case of checks, the payment is deemed to have been made when the check is cashed.

5. Reminders will be charged to the client with € 10.00.

6. If the client is in default, the company clean & safe services is entitled to charge interest according to § 288 BGB from the respective date.

7. If the company clean & safe services become aware of circumstances that call into question the creditworthiness of the client, or if the company clean & safe services is in default with any payment obligations, or checks are not honored, all existing claims will become immediately due. In this case, the company clean & safe services is also entitled to demand advance payments or securities and to provide no further services until full payment has been made.

8. The customer is only entitled to offsetting, retention or reduction, even if complaints or counterclaims are asserted, if the counterclaims have been legally established or are undisputed.

9. If the contractual relationship is terminated, then the company clean & safe services is entitled to settle the services owed until the end of the contract immediately. In such a case, the client is obliged to advance payment.

§ XIV. Price change

1. The company clean & safe services may request a price adjustment if the following conditions are fulfilled by the client:

(a) 85% is agreed as the share of wage and labor costs in the total price.

(b) If, after the conclusion of this contract, wage changes (increase or decrease), other collective agreements (eg shorter working hours) or changes in social security contributions have a direct effect on the wage and / or wage costs, the conditions agreed in § 1 may arise Prices may be changed upon written request and proof of the reason by the company's clean & safe services.

(c) For the question of whether and to what extent a change in wages exists, the wage and framework collective agreement concluded between the building cleaning trade of the respective tariff area and the responsible trade unions is decisive.

(d) Price changes agreed on the basis of newly concluded collective agreements shall enter into force at the earliest on the day that has been negotiated by the collective bargaining parties. Applications received later than three months after conclusion of the collective agreement can only be considered from the first day of the entry month. The receipt of an amendment must be confirmed in writing to the applicant stating the date of receipt; in doubtful cases, the date of the inbox is decisive.

(e) A price adjustment can be agreed at the earliest one year after the beginning of the contract.

§ XV. Contract beginning, contract termination

1. The beginning and the end of the contract are governed by the respective contractual agreement.

2. The contractual relationship is automatically renewed for another year, unless one of the parties terminates three months before the end of a contractual year. The termination must be in writing.

3. The possibility of termination without notice for cause remains unaffected on both sides in accordance with § 314 BGB.

§ XVI. validity of contract

1. Should individual provisions of the contract be ineffective, they must be reinterpreted in such a way that the economic purpose associated with the invalid provision is achieved. The validity of the remaining provisions is not affected.

§ XVII. Jurisdiction and place of fulfillment

1. Place of jurisdiction and place of fulfillment is in full commercial business transactions and in business dealings with persons under public law or public law special fund Hamburg.

As of 07.06.2018