The terms and conditions of the Fast Forward Experts GmbH, Frankfurt am Main.
The following "Terms and Conditions Consulting" apply to contracts between the Fast Forward Experts GmbH, Alt-Hausen 34, 60488 Frankfurt am Main (hereinafter "Fast Forward Experts") and their customers, unless otherwise agreed in writing or by law is required.
§ 1 The scope and execution of the contract
The scope of the Fast Forward Experts deliverables, the contract shall prevail. The job will run according to the principles of good professional practice. The Fast Forward Experts is provided by the client and set the relevant information and documents to be correct based.
§ 2 Confidentiality
The Fast Forward Experts is committed to any facts that get you in connection with the execution of the contract note to secrecy, unless the client releases them from this obligation in writing. The obligation of confidentiality shall survive the termination of the contract. The obligation of the same amount for the employees of the Fast Forward Experts and their free employee and used by the Fast Forward Experts third parties. The confidentiality obligation does not apply if it is necessary to protect the legitimate interests of the Fast Forward Experts. The Fast Forward Experts is also released from the obligation of secrecy, as it is obligated under the terms of their insurance professional liability insurance for information and participation. The Fast Forward Experts may reports, surveys and other written statements about the results of their activity to a third party only with the consent of the client.
§ 3 Liability
The Fast Forward Experts liable for its own as well as for the actions of its agents. As far as a claim for damages of the customer by law is not subject to a shorter limitation period, it expires in one year.
§ 4 Obligations of the Client
4.1 The client is obliged to cooperate to the extent it is necessary for the proper completion of the contract. In particular, it has the Fast Forward unsolicited Experts pass all necessary for the execution of the contract documents are complete and in time for the Fast Forward Experts a reasonable amount of time available. The same applies to the information about all events and circumstances that may be relevant to the execution of the order of importance. The client is obliged to take all written and oral communications from the Fast Forward Experts note and keep to any questions contact us.
4.2 The Client shall refrain from any action which might affect the performance of the contract. The client undertakes to pass on work results Fast Forward Experts only with their written consent, unless there is already content of the contract, the consent to pass to certain third parties in.
§ 5 Failure to participate and accept delivery of the client
If the principal one to him under § 4 or otherwise obligation to cooperate or does the adoption of the services offered by Fast Forward Experts performance in default, the Fast Forward Experts shall be entitled to set a reasonable time for remedy with the declaration that she rejects the continuation of the contract after the deadline. After unsuccessful expiry of the period allowed the Fast Forward Experts terminate the contract without notice (see § 8, paragraph 2). This does not affect the right of the Fast Forward Experts on reimbursement of its due to the delay or failure to cooperate by the client as well as additional expenses of the damage, even if the Fast Forward Experts of the right of denunciation use.
§ 6 Assessing the compensation
The remuneration is based on the agreed upon with the client fee. For activities that should flow from the agreement is not, or not make it clear, in case of doubt the customary fee applies (§ 612 para 2 and § 632 paragraph 2 BGB).
§ 7 Compensation, billing and payment
7.1 shall be those specified in the offer of the Fast Forward Experts prices plus applicable taxes. Additional services that are not included in the offer are to be paid for separately. This applies in particular to additional costs as a result of submitting data in non-digital form, necessary and reasonable services provided by third parties, cost development for licenses, commissioned research, general services and legal checks and services due to circumstances for which to represent the client has to be done outside of business hours.
7.2 The costs incurred by the Fast Forward Experts arising from the implementation are - also against evidence - billed. Among the expenses are for example Costs for messenger services or transportation costs in the quotation were not foreseeable. Travel costs and expenses for travel to where they are not part of the offer, were charged at cost.
7.3 For any internal or external services which go beyond an agreed lump sum, created the Fast Forward Experts before starting work. An estimate for each service to be provided, which must be approved by the other party The cost estimate includes at least about accumulating individual performances, anticipated external services and expenses. Cost estimates and cost estimates are not binding, unless that this was expressly guaranteed in writing. Estimated excess of the provisional calculation or the cost estimate by more than 10% is the contractor immediately upon receiving knowledge of the cost increasing circumstance, unless the principal has caused this situation themselves. Debt and costs shall be paid separately upon certification, unless a different arrangement has been made. A significant change in the contractual obligations of the Fast Forward Experts for the purpose of adapting to the needs of the contractor, the Fast Forward Experts provide the required extra cost penalty. This also applies to an extensive review of whether and under what conditions the change or extension is feasible, provided that the Fast Forward Experts pointed out the need for this test.
7.4 Unless otherwise agreed, the fee to the Fast Forward Experts begins for each individual service as soon as it has been provided. The invoice will be sent by e-mail (PDF file) or by post to the customer and is payable within 14 days from the invoice date without penalty. The fees are payable monthly and are due upon invoicing. Other payments are made with the performance of the service due and the dealer invoice.
7.5 In the projects, the Fast Forward Experts provide 30% of the tender amount with order invoice. The remaining 70% is due upon acceptance and completion of the tasks. The contractor must expect that the Fast Forward Experts payments first imputes to older debts. Already legal costs as collection expenses, accrued, Fast Forward Experts Customer payments can first be credited to these costs, then the interest and finally against the principal.
Changes 7.6 or the contractor breaks prematurely orders, work or extensive planning; this is the Fast Forward Experts replace all costs incurred and the release Fast Forward Experts from all liabilities to third parties. The assertions of further claims remain unaffected.
7.7 In case of delayed payment, the Fast Forward Experts charge interest at the rate of 5% above the base rate of the European Central Bank. The claim of proven higher damages remains unaffected. The default interest is payable for exceeding the credit period on even without a reminder. In case of default, the Fast Forward Experts is entitled to charge a handling fee per notice of 20 EURO. If the contracting party not to after a warning with a deadline its payment obligations, the Fast Forward Experts terminate the contract immediately.
§ 8 Termination of contract
8.1 The contract will expire in fulfilling the agreed services by the end of the agreed term or is terminated. The contract does not end by death, by the admission of the incapacity of the principal or, in the case of a company by their resolution.
8.2 A can be closed for an indefinite period contract - when and if it has a service contract within the meaning of § § 611, 675 BGB represents-by either party in accordance with § § 626 et seq be terminated, the notice shall be given in writing. Extent should be waived in individual cases thereof, any written agreement, which shall be prepared separately and will be handed over to the client, together with these terms and conditions of contract.
8.3 With the termination of the contract the customer has to return FastForward Experts used by it for the performance of the contract including any copies and other documents immediately or deleted from the hard drive.
§ 9 Storage, retention and publication of findings and documents
9.1 The Fast Forward Experts shall retain the documents for a period of one year after termination of the contract. This obligation shall cease, however, before the end of this period, if the Fast Forward Experts called on the client in writing to take the documents received, and the client of the call is within one month after he received it not been met.
9.2 Upon request of the customer, later than the termination of the contract, the Fast Forward Experts the customer has to return the documents within a reasonable time. The Fast Forward Experts can of documents that return them to the client, make copies or photocopies and retained.
9.3 The Fast Forward Experts can publish their results and the reference files refuse until it is satisfied because of their fees and expenses. This does not apply if the withholding would be contrary to the context, in particular because of the relative insignificance of the amounts due to good faith.
§ 10 Copyrights and rights
10.1 All rights in the preparatory work, such as Designs and concepts, as well as other work products, particularly copyrighted rights and ownership remain, even after the issuing of work results to the client in the Fast Forward Experts, unless they have been transferred in writing. The contractor acquires the full payment for the duration of the contract with the Fast Forward Experts under this contract produced work, and this grant of rights possible under German law or the actual circumstances, the right to use in the Territory for the agreed purpose and to the extent agreed . Unless otherwise agreed, only the simple use right is transferred. For the transfer of rights to third parties, it generally requires a separate, prior to meeting the fee agreement.
10.3 The Client warrants that it owns all rights necessary to conduct the engagement of the transmitted data and materials. The client provides the Fast Forward Experts from all claims by third parties which arise from the violation of third party claims or legal regulations in the execution of the order. In addition, the Fast Forward Experts is indemnified against the costs of legal defense. The client is obligated to support the Fast Forward Experts in good faith with information and documents in a legal defense against third parties.
10.4 Will the contractor use, designed by the Fast Forward Experts work wholly or partially on the originally agreed purpose or scope out walking or abroad, this requires a separate, advance fee agreement to be taken. The same applies if the contractor wishes to use, designed by the Fast Forward Experts work after termination of cooperation further, unless all rights have already been satisfied. All designs and concepts are subject to copyright laws. The statutory provisions apply even if the required by § 2 Copyright Act of creation is not achieved.
10.5 proposals of the contractor or other contributions do not affect the amount of compensation. The Fast Forward Experts goes with the use of templates and other documents of the customer believes that they are not encumbered by third party rights or that the customer has the right of use required for the job.
§ 11 Applicable law and place of jurisdiction
For the contract, its execution and the claims resulting Only German law applies. Performance is the location of the professional offices of Fast Forward Experts - Frankfurt am Main.
§ 12 Efficacy in Partial Invalidity
If any provision of these Terms and Conditions should be or become invalid, the validity of the remaining provisions shall not be affected thereby. The invalid provision shall be replaced by a valid provision that comes as close as possible to the objective pursued.
§ 13 Changes and additions
Changes and additions to these Terms and Conditions shall be in writing.
§ 14 State of Terms
These Terms are dated 01.01.2013 and as of this date valid