§1 Validity of the terms and conditions
All services provided by IGNEO are subject exclusively to the following General Terms and Conditions.
The GTC shall also apply to all future business relationships, even if they are not expressly agreed again. The GTC shall be deemed to have been accepted at the latest upon provision of the service.
Terms and conditions deviating from these General Terms and Conditions shall not apply.
Should deviating conditions be effective in exceptional cases, this requires written confirmation by IGNEO.
§2 Placing of order
Offers from IGNEO are subject to change and non-binding. A contract is only concluded by an order confirmation from IGNEO in text form, but at the latest by the provision of the service by IGNEO.
IGNEO is entitled to issue subcontracts.
§3 Execution of the order
IGNEO will select the deployment personnel in accordance with the order requirements. Should it be necessary during the assignment to provide services other than those agreed in the contract, this must be agreed with IGNEO in advance.
IGNEO may, for good cause, before or during the execution of an order, assign the execution to other persons than originally agreed. Price changes are only possible during the execution of an individual order if the requirements change.
IGNEO reserves the right not to carry out the order for good cause, due to imminent insolvency, insolvency of the client or in the event of non-agreed payment, whereby this does not release the client from his obligation to pay.
§4 Cancellation of order
Unless otherwise agreed, the following cancellation conditions apply as a minimum:
In the event of complete or partial cancellation of the services ordered, 5o% of the offer amount shall be due between 30 and 21 days before the event, between 21 and 14 days, 8o% and from 14 days before the event 1oo%.
In the case of series of events, the first day of the event shall be decisive.
Further claims remain unaffected by this and can be charged according to actual expenditure.
§5 Cancellation of personnel
If booked personnel are canceled in full or in part by the client between 30 and 21 days before the start of the event, 50% of the order value shall be due.
If booked personnel are canceled in full or in part by the client between 21 and 14 days before the start of the assignment, 80% of the order value shall be due.
Irrespective of this, 1oo% of the amount shall be due for payment from the time the employee’s employment contract is signed.
If the withdrawal takes place at a later date, 100% of the agreed order amount shall be due.
Unless otherwise agreed, order cancellation fees shall apply both to the order as a whole and to the individual items contained in the order.
If agreed services are not utilized in whole or in part, there shall be no entitlement to a credit note or reimbursement unless otherwise agreed.
§6 Defects
Defects in the service must be reported to IGNEO in text form without delay, but at the latest within 3 working days of the service being provided, otherwise any claims shall lapse.
§7 Liability
IGNEO is only liable for damages due to breach of contractual and non-contractual obligations in cases of intent and gross negligence.
Liability on the part of IGNEO for damages arising in connection with the provision of services by the mediated persons is excluded. This applies to all damage caused by the persons to objects on which and with which they carry out their work. If IGNEO is commissioned to deal with financial matters, such as cash management, safekeeping, administration or transportation of money, valuables, securities, as well as the handling of payment transactions, liability on the part of IGNEO is also excluded in full.
Any claim for damages to which the client is entitled shall be limited to the amount of the agreed remuneration for the part of the service that was not provided in accordance with the contract.
Other and further claims for damages by the client are excluded in cases of delayed provision or non-performance, in particular due to force majeure or illness.
No liability is assumed for goods produced on behalf of the client.
§8 Invoicing
Invoicing of the order, in particular the remuneration of the personnel deployed, is carried out exclusively via IGNEO and is due 14 days after invoicing.
If the client does not pay in response to a reminder from IGNEO, which is issued after the due date, the client is in default as a result of the reminder. From this point in time, IGNEO reserves the right to charge interest on arrears at a rate of 8% above the prime rate.
The client undertakes to sign off the activity reports submitted by the persons deployed after completion of the order.
Detailed individual invoicing of the agreed driving times, breaks, training times, mileage etc. is not economically viable due to the high administrative effort involved. If this service is required, it will be provided by IGNEO and charged at cost.
§9 Protection against competition
The personnel deployed by IGNEO may not be commissioned on a temporary basis or as freelancers or subcontractors or placed with third parties for a period of 18 months after the end of the assignment with the client. A contractual penalty of € 5,000.00 per person is agreed for each case of infringement. Further claims for damages remain unaffected by this.
§10 Advertising
IGNEO is entitled to use all documentation recorded during the campaign, including images and film material, without restriction for its own advertising and presentation purposes. These may include registered trademarks and products of the client
§11 Confidentiality
The client undertakes not to store, process and/or transmit the data necessary for the execution of the contract without the consent of the person concerned.
§12 Jurisdiction agreement
Wiesbaden is agreed as the place of jurisdiction for disputes arising from this contract.
§13 General provisions
Should one or more provisions of these GTC be or become ineffective or should the GTC contain a loophole, the contracting parties shall replace the ineffective or incomplete provision with appropriate provisions
or supplement the invalid or incomplete provision with appropriate provisions that correspond as closely as possible to the economic purpose of the intended provision. The validity of the remaining provisions shall remain unaffected.