The following general terms and conditions (GTC) regulate the processing of a chargeable service from the service catalog Nina Saliternig | Virtual Assistant and apply as an addition to the service contract between Nina Saliternig = contractor and customer. By booking a service package or an individual offer, you accept and agree to the terms of the GTC's valid at the time of booking.
GENERAL TERMS AND CONDITIONS (GTC)
Nina Saliternig | Virtuelle Assistentin
Lenzenbergstrasse 9
91074 Herzogenaurach, Germany
Tel.: +49 173 6989946
E-Mail: kontakt@ninasaliternig.de
1. Scope of application
The following General Terms and Conditions shall apply to all legal transactions between the Contractor and the Customer, even if no express reference is made thereto. The version of the terms and conditions valid at the time of the conclusion of the contract shall be authoritative in each case. Insofar as individual contractual provisions exist which deviate from or contradict the provisions of these General Terms and Conditions, the individual contractual provisions shall take precedence.
The customer's terms and conditions of business and purchase shall not be accepted unless otherwise expressly agreed in writing in individual cases. The Contractor expressly objects to the Customer's GTC. A further objection to the GTC of the Customer by the Contractor is not required.
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2. Subject matter of the contract
2.1. The contracting parties agree on the cooperation in accordance with the specific, individual contractual agreement. and, after written order confirmation by the customer, record this in writing in a separate service contract.
2.2. The Contractor shall be responsible for any social security contributions or tax issues and shall indemnify the Customer against any obligations.
2.3. The Contractor is free to work for other customers as well.
3. Conclusion of the contract
3.1. The contractual relationship for the service is established by the Customer placing a customer order/hour package booking and its acceptance by the Contractor. This is done in writing, in the form of a service contract.
3.2. The subject of the contract or the exact task designation shall be described in the service contract.
3.3. The acceptance of the contract on the part of the Contractor shall be sent to the Customer in writing to the e-mail address provided by the Customer and shall be clearly marked as such.
3.4. Only after both parties have agreed to the service contract in writing, it is also valid.
3.5. All documents necessary for the creation of the service contract are stored by the Contractor.
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4. Contract duration and termination
4.1. The contract begins and ends according to the agreement specified in the service contract.
4.2. In the event of a long-term cooperation without an end date determined in advance, a notice period of one month in advance to the end of the month shall be specified.
4.3. Booked Packages do not automatically renew after completion and expiration and do not require separate termination.
4.4. Cancellations must be made in writing (by e-mail to kontakt@ninasaliternig.de or by mail to the address specified in the GTC).
5. Scope of Services, Duties of the Contracting Parties
5.1. The services to be provided by the Contractor shall generally include the tasks listed in detail, in accordance with the order placed by the Customer. The Contractor offers its customer the working time/work performance of a (virtual, not locally present) personal assistant. It is solely the Customer's responsibility to choose the package or offer suitable for him with the working hours required according to his estimation.
5.2. The customer purchases a one-time package - to be determined by the customer - which can be used by the customer to delegate work tasks in an individual period (joint preliminary agreement) from the acceptance of the contract. Within the scope of the booked number of hours, any number of work orders may be delegated to the Contractor.
5.3. These work orders can be transmitted via e-mail, by telephone or via communication channels agreed with the Customer in writing in advance. Upon transmission, the Customer shall provide the Assistant with an explanation/instruction for the work order as well as information on the desired method of execution of the work result.
5.4. The Contractor shall periodically inform the Customer about the result of its activities. The contracting parties may agree on a schedule for the provision of services and a planned end date for the completion of services.
5.5. If the Service Provider is actually unable to perform an order as owed under the contract, it shall notify the Customer thereof without undue delay.
5.6. The Contractor shall not work on the Customer's premises at any time and the Customer cannot determine the Contractor's place of work. The Contractor shall provide the programs and equipment required for the performance of the services as well as the necessary personnel, unless otherwise agreed by individual contract; e.g.: if access to certain programs or software or cloud solutions of third-party providers is required for work requested by the Customer, such access/program shall be provided by the Customer or shall be purchased by the Contractor after consultation with the Customer in the Customer's name and at the Customer's expense.
The Parties shall endeavor to the best of their knowledge and belief to support the Contractual Partner in the performance of the respective obligation by providing information, information or experience in order to ensure a smooth and efficient workflow for both Parties.
5.7. Each of the contractual partners may request changes to the agreed scope of services from the other contractual partner in writing. Upon receipt of a change request, the Recipient shall examine whether and on what terms the change is feasible and shall promptly notify the requestor in writing of its approval or rejection and, if necessary, provide reasons. If a change request from the Customer requires extensive review, the review effort for this may be charged by the Service Provider upon prior notice if the Customer nevertheless insists on review of the change request.
If applicable, the contractual adjustments to the agreed conditions and services required for a review and/or an amendment shall be set out in writing in an amendment agreement and shall come into effect in accordance with these General Terms and Conditions.
6. Clocking and time recording
6.1. Time billing is based on a 15-minute cycle. Each started task will be charged with at least 15 minutes. Tasks exceeding 15 minutes shall be rounded up accordingly.
6.2. The Contractor shall ensure a complete and traceable record of the working time spent for the Customer.
6.3. Work breaks shall not be deducted from the Customer's booked hourly quota.
6.4. The hourly quota currently available for the Customer shall be communicated to the Customer upon request
7. Prices and terms of payment
7.1. Unless otherwise agreed in writing, the package selected by the customer is due for payment immediately and without deductions after acceptance of the contract and issuance of the invoice (advance payment). Accepted orders are usually to be paid with a deposit of 50% and the final sum after the end of the contract. Individual agreements are excluded from this. Separate terms of payment are to be taken from the respective valid offer.
7.2. Invoices are payable upon receipt without deduction.
7.3. The package booked by the customer will be activated by the contractor after acceptance of the contract.
8. Secrecy and confidentiality
8.1. The Contractor undertakes to maintain secrecy about the Customer's business and trade secrets; a separate secrecy agreement shall be signed by both parties for this purpose.
8.2. All assistants provided by the Contractor are contractually bound to secrecy and sensitized to the confidentiality of Customer data.
8.3. The Contractor undertakes not to hand over documents, information and work results to third parties (except in the cases of item 15.). Should it be desired by the Customer to give information to a person unknown to the Contractor, this shall be stipulated in writing in advance.
8.4. Third-party service providers engaged by the Contractor for the partial or complete processing of Customer Work Orders shall be selected with utmost care. The Contractor shall ensure that third party service providers do not disclose any Customer Data. In addition, the Contractor shall ensure that the commissioned third-party service provider only receives the information that is most necessary for the work order. If possible, the identity of the customer shall be protected. The selection of the third-party service provider shall be made after sufficient examination and to the best of the Contractor's knowledge and belief.
8.5. The Customer is obligated to maintain secrecy about contract details as well as company and business secrets of the Contractor.
8.6. The obligation to maintain secrecy shall extend for an unlimited period of time beyond the end of the contractual relationship for both the Contractor and the Customer. Exceptions exist in the case of legal obligations to make statements.
9. Liability
9.1. The Contractor shall be liable in cases of intent or gross negligence in accordance with the statutory provisions. Liability for warranties shall be strict regardless of fault. For slight negligence, the Service Provider shall be liable exclusively in accordance with the provisions of the Product Liability Act, for injury to life, limb or health or for breach of material contractual obligations. However, the claim for damages for the slightly negligent breach of material contractual obligations shall be limited to the foreseeable damage typical for the contract, unless liability is assumed for injury to life, limb or health. The Service Provider shall be liable to the same extent for the fault of vicarious agents and representatives.
9.2. The provision of the preceding paragraph (8.1) extends to damages in addition to performance, damages in lieu of performance and claims for compensation for futile expenses, regardless of the legal basis, including liability for defects, delay or impossibility.
9.3 For damages caused by the Contractor's failure to meet the time limit is the responsibility of the contractor. In case of illness of the contractor, a claim settlement, after recovery, is required immediately. Otherwise, in case of defects, the contractor undertakes to rework and eliminate the defects caused by him free of charge.
10 Jurisdiction
10.1. The business relationship between the parties shall be governed exclusively by German law.
10.2 It is agreed that the place of jurisdiction shall be the court responsible for the Contractor's registered office. Notwithstanding this, the Contractor shall be entitled to sue the Customer at its general place of jurisdiction.
11 Other provisions
Both contracting parties confirm all contractual information truthfully and to the best of their knowledge and belief. Subsidiary agreements and amendments to the contract must be in writing to be effective. This formal requirement may not be waived or set aside either verbally or tacitly. In the case of cooperation for an indefinite period, a notice period of one month in advance must be observed.