1 Scope of application

1. These General Terms and Conditions (hereinafter: GTC) apply to all business relations between the Client and the Security Company (hereinafter: Company).
2. The mutual obligations of the client and the company are agreed in special contracts.
3. These Terms and Conditions shall apply exclusively. Deviating, conflicting or supplementary terms and conditions of the client shall only become part of the contract if and to the extent that the Company expressly consents to their validity. This requirement of consent shall apply in any event, for example, even if the Company performs the work assigned to it without reservation in the knowledge of the Client's GTC.

2 General Service Execution

1. The security industry is a trade that requires a license according to 34a GewO. Security services can be provided as intervention services, patrol services, property protection services, facility security services or other security services.
2. The company renders its activities as a service (as a rule, no temporary employment pursuant to the German Temporary Employment Act (AÜG)), using its personnel as vicarious agents. The selection of the personnel used and the right to give instructions - except in the case of imminent danger - lies with the contracted company.
3. The Company is solely responsible for fulfilling all legal, governmental, social, labor, collective bargaining and trade association obligations to its employees.

3 Inspection Regulations

1. In individual cases, only the inspection instructions / alarm plan shall be authoritative for the performance of the service. In accordance with the Customer's instructions, it contains the more detailed provisions on the inspections, checks and other services to be carried out. Changes and additions to the inspection regulations / alarm plan must be agreed in writing. If unforeseeable emergencies make it necessary, planned inspections, rounds and other services may be omitted in individual cases.

4 Keys and Emergency Addresses

1. The keys required for the Service must be provided by the Customer in a timely manner and free of charge.
2. The Company shall be liable for lost keys and for damage to keys caused intentionally or negligently by the service personnel within the scope of Section 11. The Client shall provide the Company with the addresses that can be notified by telephone at night if the property is at risk. The company must be informed immediately of any changes of address. In cases in which the company has to carry out alarm tracking via connected alarm systems, the client must arrange the notification sequence.
3. The term "key" used here also includes any other object for opening and closing a device that is used to allow selected persons access to certain areas and to deny access to other persons.

5 Complaints

1. Complaints of any kind relating to the performance of the service (e.g. failure to commence the service, delays, poor performance of the agreed security services) must be reported to the company's management in text form immediately after discovery. However, a breach of the obligation to report complaints immediately shall not result in the loss of claims by the client.
2. Repeated or gross violations in the performance of the service shall only entitle the customer to terminate the contract without notice if the company fails to remedy the situation within a reasonable period of time - at the latest within seven working days - after notification in text form, insofar as this is possible and reasonable for both contracting parties.

 6 Order Duration

1. Unless otherwise agreed in text form, the contract shall run for one year. If the client is an entrepreneur and the contract is not terminated at least three months before the end of the initial term, the contract shall be extended by a further year and then by a further year, etc.
2. There is a right of termination 3 months before the end of the annual extension.
3. If the client is a consumer and the contract is not terminated at least one month before the end of the initial term, the contract shall be extended for an indefinite period. The consumer may terminate the extended contractual relationship at any time with one month's notice.

7 Execution by other companies

1. The company is entitled, in agreement with the client, to use companies that have a trade license in accordance with § 34a GewO and are reliable to fulfil its obligations.

8 Service Interruptions

1. In the event of war, strikes, unrest, pandemics and other cases of force majeure, the company may interrupt the service to the extent that its execution becomes impossible, or change it accordingly.
2. In the event of an interruption, the company is obliged to reduce the remuneration in accordance with any wages saved for the period of the interruption.

9 Early termination of the contract

1. The contractual relationship may be terminated by either party with one month's notice if the client moves, sells or otherwise gives up the contractual property or object.
2. If the company gives up the territory, it is also entitled to terminate the contract prematurely subject to a notice period of one month.

10 Legal succession

1. In the event of the death of the client, the legal successor shall enter into the contract, unless the subject matter of the contract was primarily based on personal interests, in particular the protection of the person of the client. The contract shall not be affected by death, other legal succession or a change in the legal form of the company.

11 Liability and Limitation of Liability

1. The liability of the company for property damage and financial loss in cases of slightly negligent damage caused by a legal representative or a vicarious agent is limited to the typical and foreseeable damage in comparable transactions of this type. Liability for other cases of culpable causation of property damage and financial loss remains unaffected.
2. The liability of employees for property damage and financial loss in cases of slightly negligent damage is also limited to typical and foreseeable damage in comparable transactions of this type (contract for the benefit of third parties). Liability for other cases of culpable causation of property damage and financial loss remains unaffected.
3. Liability for personal injury remains unaffected. The restrictions in paragraphs 1 to 2 only apply to property damage and financial loss.

12 Assertion of Liability Claims

1. Claims for damages must be asserted against the company within a period of 3 months after the claimant, his legal representatives or vicarious agents have become aware of the damaging event. If the amount of the damage cannot yet be determined within this period, it is sufficient, but also necessary, for the damage to be asserted on the merits. Claims for damages that are not asserted within this period are excluded. This does not affect the assertion of claims for damages due to personal injury or due to intentional or grossly negligent breaches of duty.
2. Furthermore, the client is obliged to immediately give the company the opportunity to make all necessary determinations regarding the cause of the damage, the course of the damage and the amount of the damage itself or through authorized representatives.

13 Liability Insurance and Proof

1. The Company is required to maintain liability insurance to the extent of the liability assumed. The Customer may demand proof of such insurance. The sums insured are specified in the Security Industry Ordinance (BewachV) in the version of May 3, 2019 (BGBl. I p. 692).

14 Payment of the Fee

1. The Company shall invoice the Client for the agreed remuneration for the provision of the Services. The stated amount shall be paid by the Client within fourteen days of the date of the invoice without any deduction, unless otherwise contractually agreed.
2. Offsetting and retention of payment is not permitted unless there is an undisputed or legally established claim. This restriction of the right of set-off shall not apply if the monetary claim for set-off arises from a claim for which the client could or could have withheld payment.
3. In the event of default in payment despite a reminder, the Company's obligation to perform and its liability shall be suspended without releasing the Client from payment for the term of the contract or from the contract altogether. Otherwise, § 286 par. 3 BGB shall apply.

15 Price Change

1. In the event of a change/new introduction of statutory taxes, levies, insurance premiums, vehicle operating costs, wage costs and ancillary wage costs, in particular due to the conclusion of new wage, framework or other collective agreements, which result in an increase in the costs of the agreed service, the Company shall be entitled to change the remuneration by the same amount by which the hourly rate for the execution of the order has changed due to the change in wage costs, ancillary wage costs and other aforementioned costs, plus the applicable statutory taxes and levies.

16 Commencement of Contract

1. The contract is binding from the time the customer receives the order confirmation in text form.

17 Nonsolicitation and Penalty Clause

1. Customer shall not cause any employee of Company to terminate his or her employment and enter into a new service or employment relationship as an independent or dependent employee of Customer. This provision shall remain in effect for six months after the termination of the Agreement.
2. If the Client culpably violates the provisions of paragraph 1, he shall be obliged to pay to the Company for each case of violation a contractual penalty to be determined by the Company at its reasonable discretion, the adequacy of which shall be reviewed by the competent court in the event of a dispute.

18 Privacy Policy

1. The provisions of Regulation (EU) 2016/679 (General Data Protection Regulation (GDPR)) and the German Federal Data Protection Act (BDSG), as amended, apply to the processing and protection of personal data within the scope of the contractual relationship.
2. In particular, Art. 5 para. 1 lit. f), Art. 28 para. 3 GDPR (integrity and confidentiality of data) and Art. 12 et seq. GDPR (information obligations).

19 Jurisdiction and Place of Performance

If the client is a merchant, a legal entity under public law or a special fund under public law, the place of performance and jurisdiction shall be the registered office of the company's management. This agreement on the place of jurisdiction shall also expressly apply in the event that

1. the party to be sued moves its registered office, place of residence and/or habitual abode after conclusion of the contract;
2. claims arising from the contractual relationship are asserted by way of dunning proceedings.