THE LEADER IN FUTURE
AUTOMOTIVE SERVICE INDUSTRY
The translation of Gerneral Terms and Conditions from German are for convenience purposes only. Valid are the German Originals only.
Gerneral Terms and Conditions
General Terms and Conditions of BUTSCH GmbH
(status April 20th 2021)
1.1 These General Terms and Conditions apply to all contracts of BUTSCH GmbH (hereinafter referred to as "BUTSCH") with its contractual partners and regulate the provision of services more specific by individual contracts. These General Terms and Conditions apply to all contracts of BUTSCH with companies within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law, if they are not subject to temporary labor lease.
1.2 General Terms and Conditions of temporary labor lease (GTC-TLL) apply to services provided or to be provided in connection with temporary labor lease.
1.3 The provision of the services specified by individual contracts is carried out exclusively on the basis of these General Terms and Conditions. They are an essential part of the individual contracts and are recognised by the award of the contract. They also apply to future contracts in the case of permanent business relationships. BUTSCH does not accept any conflicting or deviating terms and conditions of the contractual partner, unless BUTSCH has expressly agreed to them in writing. These terms and conditions shall also apply if BUTSCH provides services or accepts payments in the knowledge of conflicting or deviating terms and conditions of the contractual partner.
2. Offer and conclusion of the contract; object of agreement
2.1 Offers from BUTSCH are always subject to change and are non-binding.
2.2 A contract is concluded with the signature of the offer from BUTSCH or with receipt of an order confirmation from BUTSCH. The subject-matter is the activity agreed in the individual contracts
2.3 In the case of orders in the area of quality control and rework, no contract is justifiedby the use of the Online Service Order on the homepage. The confirmation e-mail is only an acknowledgement of receipt of the data left on the homepage. The contract is concluded with an order confirmation by BUTSCH or the start of the order.
2.4 In the area of quality control and rework, reports are sent to the client daily by e-mail, which are to be checked by the client. If the report is not contradicted by a period of eight working days, it shall be deemed to have been accepted. The assumption corresponds to an unrestricted acceptance of the service.
3. Obligations to cooperate
The contracting party of BUTSCH ensures that all cooperation services required for the implementation of the individual contract are provided in good time and free of charge for BUTSCH. The contractual partner's obligations to cooperate include, in particular,
- appoint one or more responsible/decision-making contact persons who are available to BUTSCH employees and are authorised to make binding declarations for the contractual partner, which are necessary in the context of the implementation of the individual contract, before the start of the individual contract.
- the procurement of the information and/or documents required for the execution of the individual contract, in particular the information on all technical data and facts necessary for the performance of the services with regard to hardware and software
- to grant BUTSCH employees access to the necessary premises and business facilities for the execution of the individual contract
- make a backup copy of the stored data for backup and recourse.
- Insofar as BUTSCH is to provide the implementation of the individual contract with a third party as instructed by the contracting party, the contracting party shall ensure that the third party fulfils the obligations to cooperate.
4. Delivery time, scope of delivery
4.1 Delivery and performance times provided by BUTSCH are non-binding unless expressly agreed otherwise in writing. All delivery and performance time information is also subject to correct and timely self-supply by BUTSCH as well as the fulfilment of the contractual partner's obligations to cooperate in accordance with Section 3 of these provisions.
4.2 In the event of force majeure or other unforeseeable and/or exceptional events beyond BUTSCH's control and resulting in a delay in delivery or performance, the delivery or service time shall be extended to an appropriate extent. Events include, in particular, war, riot, strike, lockouts, fires, floods and other unforeseeable operational disruptions, including among BUTSCH's suppliers. BUTSCH will inform the contractual partner of this without delay.
4.3 BUTSCH is entitled to partial deliveries and partial services as well as to appropriate clearing at any time, insofar as this is reasonable for the contractual partner. Contractually agreed delivery and performance time information for the entire delivery in accordance with paragraph 1 remains unaffected.
5.1 The remuneration agreed in the respective individual contracts shall apply. If such an agreement has not been concluded in the individual contracts, the usual remuneration shall be deemed to have been agreed.
5.2 All prices are in EURO and plus the respective statutory value added tax.
5.3 Payments are due for payment immediately after receipt of the invoice without deduction, unless otherwise agreed by individual contract.
5.4 BUTSCH is entitled to set off payments of the contractual partner against its oldest debt. If costs and interest have already been incurred, BUTSCH is entitled to offset the payments first against the costs, then against the interest and finally against the main service.
5.5 BUTSCH may refuse to provide supplies and services if, after conclusion of the contract, the risk of incapacity becomes apparent, in particular due to late payment. The right to refuse performance shall be waived if the contractual partner causes the consideration, makes advance payment or security. BUTSCH may withdraw from all or part of any or all of the contracts concerned if the consideration, advance payments or security has not been provided even after a reasonable period of time has expired.
5.6 Insofar as the implementation of the individual contract is to be performed by a third party in accordance with the instructions of the contractual partner, the contractual partner is not entitled to retain his remuneration against BUTSCH in the event of a delay in payment, default or insolvency of the third party. The same applies in the event that the third party asserts claims of any kind against the contractual partner of BUTSCH, in particular warranty and damages claims and/or retains its payment and/or reduces and/or declares the withdrawal from the contract.
5.7 BUTSCH is entitled to assign claims arising from the business relationship.
6. Set-off/right of retention
6.1 The contractual partner is only entitled to set-off if his counterclaims are legally established by the courts or are undisputed or have been recognised by BUTSCH.
6.2 The contractual partner can only exercise a right of retention if his claims result from the same contractual relationship.
7.1 The claims of the contractual partner for damages or compensation of futile expenses are based on the present clause, regardless of the legal nature of the claim.
7.2 BUTSCH shall be liable without limitation for damages resulting from injury to life, body or health resulting from a negligent breach of duty by BUTSCH or an intentional or negligent breach of duty by a legal representative or vicarious agent of BUTSCH.
7.3 In the case of other liability claims, BUTSCH shall only be liable without limitation in the absence of any guaranteed quality as well as for intent and gross negligence also of its legal representatives and executives. BUTSCH shall only be liable for the fault of other vicarious agents to the extent of liability for slight negligence in accordance with paragraph 4 of this liability clause.
7.4 BUTSCH shall only be liable for slight negligence if an obligation is violated, the observance of which is of particular importance for the achievement of the purpose of the contract (cardinal obligation). In the event of a breach of the cardinal obligation, liability shall be limited to the damage typical of the contract that is foreseeable at the time of conclusion of the contract.
7.5 Liability for data loss is limited to the typical recovery effort that would have occurred if backups had been made regularly and in a manner appropriate.
7.6 The above regulations also apply to the benefit of BUTSCH employees.
7.7 Liability under the Product Liability Act remains unaffected.
Both partieswill treat confidentially the business and business secrets that have become known in the course of the business relations, marked as suchor obviously recognizable. This also applies to the period after the termination of the business relationship.
9. Prohibition of recruitment / takeover / recruitment
The contractual partner is not entitled to recruit employees of BUTSCH, whom the contractual partner has met through the existing business relationships and the award of orders to BUTSCH. A takeover is only possible after agreement between BUTSCH and the contractual partner. If, within 6 months of the award of an individual contract, a joint venture between the contracting party or a company affiliated within the meaning of Section 15 of the German Stock Corporation Act (AktG) and an employee of BUTSCH is established, this constitutes a recruitment agency subject to a fee. The fee due immediately after the conclusion of the employment contract between the contracting party and the person concerned shall be 25% of the effective gross annual salary of the recruited/acquired employee.
The same applies to the re-employment of retired employees of the company BUTSCH with the contractual partner via another service provider during the first four months after the termination of the corresponding order between the contractual partner and the company BUTSCH.
10. Written form
All amendments and additions to the individual contract must be made in writing. If they are explained by representatives or auxiliaries of BUTSCH, they are only binding if BUTSCH gives its written consent for this.
11. Final provisions / Severability clause
11.1 Amendments and additions to the agreement between the parties must be made in writing in order to be effective. This also applies to a change in the written form requirement itself. Instead of the written form, the electronic form (Section 126a of the German Civil Code) may also be used. Temporary workers provided by the personnel service provider are not entitled to agree amendments, additions or ancillary agreements of the employee hiring-out agreement with the client.
11.2 The place of jurisdiction for all disputes arising from and in connection with the contractual relationship between BUSTCH and the client is the registered office of BUTSCH, provided that the client is a merchant. BUTSCH may also assert its claims in the courts of the general jurisdiction of the client.
11.3 The law of the Federal Republic of Germany applies exclusively to all legal relations between the personnel service provider and the client.
11.4 BUTSCH declares not to participate in a procedure for alternative dispute resolution in consumer matters under the Law on Alternative Dispute Resolution in Consumer Matters
Should any provision of these General Terms and Conditions or the results
concluded on this basisbe or become ineffective in whole or in part, this shall not affect the validity of the remaining provisions. The invalid provision is replaced by one that comes closest to the economic purpose.
Terms and Conditions TLL
General Terms and Conditions of temporary labor lease of BUTSCH GmbH
(status April 20th 2021)
The following General Terms and Conditions (GTC) apply to all services provided or to be provided by BUTSCH ('personnel service providers') from and in connection with employee hiring contracts. Deviating terms and conditions of the customer (hereinafter: Client) do not apply even if the personnel service provider does not expressly object or the client declares that he only wants to conclude on his terms and conditions.
2.1 The contractual relationship is concluded by the offer of the personnel service provider in accordance with the employee hiring agreement and these General Terms and Conditions and the written declaration of acceptance of the client with the signing of the employee hiring-out contract. The client is aware that there are no performance obligations for the personnel service provider, provided that the signed contract certificate is not returned by the client (Section 12 (1) of the Employee Hiring Act ('AÜG').
2.2 If the client intends to transfer to the temporary worker the handling of money and/or valuables, he will make a separate agreement in advance with the personnel service provider.
2.3 The personnel service provider is a member of the Association of German Temporary Employment Companies e.V. The personnel service provider declares that the iGZ-DGB collective bargaining agreement, including the sectoral surcharge collective agreements, is fully included in the employment contracts which it has concluded with the temporary employees employed by the client, including the sectoral collective agreements.
2.4 The client warrants that no employee employed under the individual employee hiring-out contracts hasresigned from an employment relationship with the client itself or an undertaking affiliated with the client within the meaning of Section 18 of the German Stock Corporation Act in the six months prior to the commencement of service as defined in the individual employee hiring agreement.
2.5 The contracting entity warrants that no employee employed under the hiring-out contracts has been employed by the client in the last three months and one day through another personnel service provider. Otherwise, the client informs the personnel service provider of the shorter interruption. In this case, previous bets will be taken into account when agreeing on the duration of the operation.
2.6 Insofar as the personnel service provider leaves workers within the meaning of Section 1b sentence 1 AÜG (prohibition of transfer to the main construction industry), the client confirms that trades within the meaning of Section 1 of the Construction Companies Ordinance are not predominantly provided in the operational operation. The client is obliged to inform the personnel service provider of a change without delay.
3. Employment relations / chain rental
3.1 The conclusion of this agreement does not establish a relationship under labour law between the temporary worker and the principal. The personnel service provider is the employer of the temporary worker. The personnel service provider assures the client that only employees who are in an employment relationship with the personnel service provider are left.
3.2 The contracting authority assures that it will not leave temporary workers either openly (disclosed hiring of employees) or covert (covert hiring of employees, e..B sham work contracts) (no chain rental).
3.3 For the duration of the assignment with the client, the client is responsible for the exercise of the work-related right of instruction. The contracting authority shall assign to the temporary worker only those activities which are subject to the activity contractually agreed with the personnel service provider and which correspond to the level of training of the temporary worker concerned. In addition, the right of management remains with the personnel service provider.
4. Care and cooperation obligations of the client / Occupational Safety and Health
4.1 The client assumes the duty of care in connection with health and safety measures at the place of employment of the temporary worker (Section 618 of the German Civil Code (Section 11 paragraph 6 AÜG). In this respect, it shall inexempt the personnel service provider of all claims of the temporary worker and other third parties resulting from an insufficient or insufficient performance of this obligation.
4.2 Provided that the use of the workers who are provided is
4.2.1 official authorisations are or will be required, the contracting entity undertakes to obtain them before the temporary worker/employment and to submit the authorisation to the personnel service provider on request;
4.2.2 occupational health screenings are required, these are carried out by the personnel service provider prior to the start of the release and are proven to the client;
4.2.3 subsequent investigations, the client shall inform the personnel service provider in writing. Follow-up examinations shall be carried out by the factory doctor responsible for the client or, if such a doctor is not present, by a company doctor commissioned by the personnel service provider at the expense of the personnel service provider. A different cost allocation can be agreed.
4.3 The client is obliged to comply with the statutory health and safety and accident prevention regulations. In particular, the client is obliged to:
4.3.1 to identify, in accordance with Paragraph 5 of the ArbSchG, the risks associated with the temporary worker's activity before the start of the activity and to take the appropriate protective measures in accordance with the state of the art before the temporary worker's activity commences;
4.3.2 to provide sufficient and appropriate training to temporary workers on health and safety at the relevant workplace prior to the commencement of their activities in accordance with Section 12 of the ArbSchG;
4.3.3 implement the regulations of the Working Time Act for the respective use in the client's operation. The employment of the temporary worker beyond 10 hours per working day requires consultation with the personnel service provider. Work may only be carried out for 10 hours per weekday if a collective agreement or an enterprise agreement is permitted under a collective agreement of the contracting authority pursuant to Section 7 of the Working Time Act or an official authorisation, or if an exceptional case within the meaning of Section 14 of the Working Time Act is present;
4.3.4 in the case of Sunday or public holiday work, to provide the personnel service provider with proof that there is a right to arrange Sunday or public holiday work;
4.3.5 immediately report an accident at work to the personnel service provider and provide it with all the information required by Section 193 paragraph 1 of the SGB VII. The personnel service provider shall report the accident at work to the competent accident insurance institution.
4.4 The client shall provide the personnel service provider with documentation sufficient to meet the requirements of Section 6 of the ArbSchG immediately after the temporary worker has been made available.
4.5 In order to fulfil its employer duties, the personnel service provider is granted a right of access to the employees' workplaces during working hours in consultation with the contracting authority.
4.6 The personnel service provider must inform and inform its employees about applicable accident prevention regulations, safety rules and instructions. The client must carry out a workplace-specific occupational health and safety instruction before the employees are employed. The instruction must be documented by the client and handed over to the personnel service provider in a copy.
4.7 If temporary employees of the personnel service provider refuse the work due to a lack of or defective safety equipment or precautions in the operation of the client, the client is liable for the resulting downtime.
5. Rejection / exchange of temporary workers
5.1 The client is entitled to reject a temporary worker by written declaration to the personnel service provider if there is a reason that would entitle the personnel service provider to an extraordinary termination of the employment relationship with the temporary worker (Section 626 of the German Civil Code). The client is obliged to explain in detail the reasons for the rejection. In the event of rejection, the personnel service provider is entitled to transfer other professionally equivalent temporary workers to the client.
5.2 If, within the first four hours, the contracting authority determines that a temporary worker of the personnel service provider is not suitable for the intended activity and insists on exchanges, he shall not be charged up to four hours of work after prior consultation.
5.3 In addition, the personnel service provider is entitled at any time to exchange temporary workers who have been given to the client for organisational or legal reasons and to transfer professionally equivalent temporary workers.
6. Notification obligations / adjustment of the clearing rate
6.1 The use in an establishment other than that specified in the contract for hiring of employees of the contracting authority, the exchange of employees within the establishment and the assignment of activities other than those agreed in this contract shall require the consent of the personnel service provider. The client is obliged to inform the personnel service provider in advance if the temporary worker is to be employed abroad. Changes to the place of use and the work area entitle the personnel service provider to change the hourly billing rate.
6.2 The contracting entity shall immediately notify the personnel service provider of a change in the activities of the employed workers, also in the light of minimum wage obligations under the Posting of Workers Act. The parties agree that the personnel service provider is entitled to adjust the agreed hourly rate if the activity carried out becomes subject to minimum wage or if the minimum wage increases.
6.3 The client undertakes to send to the personnel service provider without delay any collective agreements applicable to him in the future, which provide for a deviation from the future maximum period of release of 18 months, and/or any future operational agreements to which the personnel service provider leaves employees, which provide for a deviation from the future maximum period of release of 18 months on the basis of a collective agreement. This applies in particular if a collective agreement and/or an enterprise agreement stipulates a maximum release period of 18 months.
6.4 The contracting authority shall inform the personnel service provider if and to the extent that it grants temporary workers access to its Community facilities. The client shall inform the personnel service provider of any changes in this regard without delay.
7. Personnel selection / Personnel deployment / Strike
7.1 Personnel selection is carried out by the personnel service provider on the basis of the requirements profiles agreed in the textual requirements report.
7.2 The personnel service provider undertakes to select suitable personnel for the planned work. In the case of requested qualifications for which a recognised training occupation exists, the personnel service provider undertakes to select only such staff and to leave them to the client who has successfully completed this vocational training. Deviating must be agreed in writing.
7.3 The personnel service provider shall ensure that the employed workers, unless they are nationals of an EEA state or Switzerland, are entitled to take up the job on the basis of foreign law regulations. At the request of the client, the personnel service provider must provide the appropriate evidence.
7.4 The personnel service provider is entitled to exchange employees employed by the client at any time with other employees, provided that they meet the agreed requirements profiles. The client must be informed of this immediately. If the individual-contractually regulated differently, this is valid, instead of the provision in 7.4. AGB AÜ.
7.5 The contracting authority shall be entitled to replace the temporary worker if he is not suitable for the intended activity. The lack of suitability must be demonstrated accordingly. The client is entitled to this right even if there are reasons that would entitle him to extraordinary dismissal in the case of his own employer position (Section 626 of the German Civil Code). If the contracting entity considers that there is a right to exchange within the meaning of this paragraph and therefore intends to terminate the employment of the worker concerned, he shall inform the personnel service provider of this without delay and justify the exchange.
7.6 If the employee who has been transferred does not take up his duties with the client or does not take up his duties in a timely manner, the client shall inform the personnel service provider immediately. If the client fails to notify immediately, this claim is not due to and in connection with the temporary worker's failure to take up the job against the personnel service provider, which has not taken place or has not taken place in due time.
7.7 Contrary to the provisions of Paragraph 11(5) of the AÜG, the contracting authority may not allow temporary workers to operate in the company if the client is involved in the operation. In addition, the ban on strikes initiated by member unions of the DGB collective bargaining association also applies to workers already deployed before the start of the industrial action. Accordingly, the temporary worker is not employed in establishments or parts of the company which are duly attacked to the extent of the call for strikes. The client shall ensure that no temporary workers are employed as far as the ban on deployment is sufficient. In this respect, the personnel service provider is not obliged to leave employees. The parties to the industrial action may deviate from the above regulations in individual cases and agree on the use of temporary workers (e.B. in emergency service agreements). In that regard, Section 11 paragraph 5 sentence 2 AÜG applies. The client immediately informs the personnel service provider of an ongoing or planned strike.
8. Settlement / Price Adjustment
8.1 All transfer rates reported by the personnel service provider are net disclosures. The personnel service provider will provide the client with an invoice on termination of the order - if the order is continued weekly - under the presentation of the statutory value added tax, unless the parties expressly agree on a different method of settlement.
8.2 Billing is based on the actual hours worked, whereby at least the agreed operating working time has to be settled. The hours worked for each worker provided shall be documented by proof of activity, which shall be completed weekly for each employee who has been admitted and signed by an agent of the contracting authority after a substantive examination. The employees who have been provided must use the instruments prescribed by the contracting authority (proof of working time/electronic time recording) if these are available.
8.3 The client is obliged to enable a timely exhibition of the activity. The proof of activity must indicate the beginning and end of daily working hours with breaks. Overtime must be shown separately.
8.4 The invoice amounts are due immediately - without deduction - with receipt of the invoice issued by the personnel service provider at the client. The client shall be in default if the invoice amount is not received within 10 calendar days from receipt of the invoice on the business account of the personnel service provider. There is no need for a prior reminder (Section 286 paragraph 2 of the German Civil Code). Section 288 of the German Civil Code (interest on late payments) applies.
8.5 Temporary workers provided by the personnel service provider shall not be authorised to receive advances or payments on the accounts issued by the personnel service provider. Payments to temporary workers have no effect on performance.
8.6 If the client is (partially) in arrears with the payment of remuneration, the remuneration for all hours not yet invoiced, the performance of which the client has already confirmed by his signature on a proof of activity, becomes due immediately. The personnel service provider is entitled to a right of refusal of performance in the event of non-performance by the client.
8.7 In the event of a delay in payment by the client, the personnel service provider is entitled to demand a default interest of 9 percentage points above the base interest rate in accordance with
Section 288 (2) of the German Civil Code (BGB). In this case, the client reserves the right to prove that damage to the personnel service provider has not occurred or has not been caused to this extent.
8.8 The personnel service provider is entitled to adjust the remuneration agreed in the employee hiring-out contract at its reasonable discretion if changes in the cost situation occur. The reasonable discretion presupposes that the adjustment only takes into account the new cost situation, such as .B by an increase in the fees in the iGZ-DGB tariff, by the application of a newly entered into force or not yet relevant sector surcharge collective agreement or by changes in equal pay. The above also applies if the activity carried out becomes subject to a minimum wage or if the minimum wage increases.
9. Exclusion of set-off, right of retention and assignment
9.1 The client is not entitled to set off against claims of the personnel service provider or to assert a right of retention, unless the counterclaim asserted by the client is undisputed or legally established.
9.2 The client is not entitled to assign claims of the personnel service provider to third parties.
10. Warranty / Liability
10.1 The personnel service provider shall ensure that the employed workers have the necessary qualifications. At the request of the client, he proves the qualification.
10.2 In view of the fact that the employed workers provided carry out their activities under the supervision and supervision of the contracting entity, the personnel service provider shall not be liable for any damage caused by them in the course of or in the course of their activities. The contracting entity shall infreethedron the personnel service provider from any claims that third parties should make in connection with the performance and performance of the activities entrusted to temporary workers.
10.3 In addition, the liability of the personnel service provider as well as its legal representatives and vicarious agents is limited to intent and gross negligence. This limitation of liability does not apply to damages resulting from injury to life, body or health. This applies to both legal and contractual liability, in particular cases in case of delay, impossibility, inability, breach of duty or tort.
In particular, the personnel service provider shall not be liable for the results of work of temporary workers or damages which they cause in the course of or on the occasion of their duties or which the client suffers as a result of punctuality or absence of temporary workers.
10.4 The client shall indemnify the personnel service provider from all claims arising from a breach of the client's assurances and obligations arising from this contract (e..B. inspection and notification obligations). The personnel service provider undertakes to rely on relevant exclusion periods in relation to any claimants.
11. Takeover of temporary employees / placement commission
11.1 Mediation occurs when the contracting authority or an undertaking legally or economically linked to it enters into an employment relationship with the employee of the personnel service provider during the period of the employee hiring-out contract. Mediation shall also take place if the contracting authority or an undertaking linked to it legally or economically, within 6 months of the termination of the transfer and not more than 12 months after the start of the hiring-out with which temporary workers enter into an employment relationship. In this case, the client reserves the right to prove that the conclusion of the employment relationship was not due to the previous release.
11.2 Mediation also exists if the client or an undertaking legally or economically associated with him enters into an employment relationship immediately after the applicant has established contact with the applicant by the personnel service provider without prior release.
11.3 The date governing the establishment of the employment relationship between the contracting authority and the temporary worker is not the date on which the employment contract was concluded, but the date of conclusion of the employment contract.
11.4 The client is obliged to inform the personnel service provider if and when an employment contract has been concluded. In the event of a dispute, where the personnel service provider provides evidence of the existence of an
employment relationship between the contracting entity and the temporary worker, the contracting authority bears the burden of proof that an employment relationship has not been entered into.
11.5 In the cases of the 11.1. and 11.2. the client has to pay a commission to the personnel service provider. Temporary employment relationships are subject to the same amount as permanent employment relationships. The amount of the placement commission is 2.5 gross monthly salaries in the case of direct takeover of the temporary worker without prior release. In addition, in the case of a takeover, the placement commission shall be 2 gross monthly salaries within the first 3 months after the start of the release, 1.5 gross monthly salaries in the case of a takeover within the first 3 months following the start of the release, 1 gross monthly salary in the case of a takeover within the 10th to 12th month following the start of the transfer.
11.6 The basis for calculating the placement commission is the gross monthly salary agreed between the principal and the temporary worker, but at least the gross monthly salary agreed between the personnel service provider and the temporary worker. The client shall provide the personnel service provider with a copy of the signed employment contract. In the case of interruptions in the transfer, the start of the last release before the establishment of the employment relationship is decisive. The brokerage commission is to be paid plus the statutory value added tax. The commission is payable 14 days after receipt of the invoice.
11.7 If the employee acts for the client on the basis of a freelance contract or a contract with a self-employed person, the provisions accordingly apply with the proviso that instead of the gross monthly salary, the monthly fee agreed between the client and the employee forms the basis of the calculation.
11.8 The above provisions also apply in the case of the placement of the employee in a training relationship with the client. In this case, the basis for calculating the placement commission is the gross training remuneration agreed between the client and the temporary worker, but at least the gross monthly salary last agreed between the personnel service provider and the temporary worker.
12. Contract term / termination
12.1 Unless the contract for hiring-out of employees has been concluded for a limited period, it shall run for an indefinite period. In the first week of the temporary worker's assignment, the client is
entitled to terminate the contractual relationship with a period of one working day. Moreover, both parties have the right to terminate the agreement with a period of three working days at the end of a calendar week, unless the parties make any other provision.
12.2 This shall not affect the right to extraordinary termination. Both parties are entitled to an extraordinary right of termination with a period of one month at the end of the month if the AÜG should in principle be amended. In particular, the personnel service provider is entitled to terminate this agreement without notice if:
12.2.1 the opening of insolvency proceedings concerning the client's assets has been requested, insolvency proceedings have been opened or dismissed in the absence of a large amount or are threatened with failure to do so.
12.2.2 the client does not settle an invoice due even after a reminder has been issued and the deadline has been set.
12.2.3 the client against the assurances and obligations within the meaning of point 10.4.
12.2.4 the client has made a price adjustment in accordance with point 8.8. not accepted.
12.3 Termination of this agreement by the client shall only be effective if it is declared in text form to the personnel service provider. Temporary workers provided by the personnel service provider are not authorised to receive notices of dismissal.
13. Confidentiality / Privacy
13.1 The Contracting Parties undertake to keep all information known to them during the cooperation, including all personal data of the temporary workers provided, strictly confidential. The same applies to all knowledge acquired about the internal business processes and procedures of the contracting parties. This does not apply to all data and information that is obvious or generally known.
13.2 The Parties undertake to treat the information, data and knowledge obtained with the utmost care. They shall take the precautions necessary to protect the information and
data, but at least those by which they shall protect particularly sensitive information about their own business. You further agree to process the information and data received exclusively for the purposes of the agreed provision of services and not to use
it in any other way, nor to forward it to third parties or to make them available to them.
13.3 The contracting parties also undertake to comply with the requirements of data protection laws. The respective employees are obliged to keep data secret.
13.4 The ones in this paragraph. commitments will continue after the termination of the parties' cooperation. The client undertakes to delete the information and data that has become known to him immediately after termination, provided that statutory retention obligations do not conflict. Data carriers received from the personnel service provider must be returned or destroyed.
14. Final provisions / Severability clause
14.1 Amendments and additions to the agreement between the parties must be made in writing in order to be effective. This also applies to a change in the written form requirement itself. Instead of the written form, the electronic form (Section 126a of the German Civil Code) may also be used. Temporary workers provided by the personnel service provider are not entitled to agree amendments, additions or
ancillary agreements of the employee hiring-out agreement with the client.
14.2 The place of jurisdiction for all disputes arising from and in connection with the contractual relationship between the personnel service provider and the client is the registered office of the personnel service provider, which has concluded the present employee hiring agreement, provided that the client is a merchant. The personnel service provider may also assert his claims in the courts of the general jurisdiction of the client.
14.3 The law of the Federal Republic of Germany applies exclusively to all legal relations between the personnel service provider and the client.
14.4 The personnel service provider declares that it will not participate in an alternative dispute resolution procedure in consumer matters under the Consumer Alternative Dispute Resolution Act.
Should any provision of these General Terms and Conditions or the employee hiring agreements concluded on this basis
be or become ineffective in whole or in part, this shall not affect the validity of the remaining provisions. The invalid provision is replaced by one that comes closest to the economic purpose.