General Terms and Conditions
(As of 01.01.2017)
In addition to these terms and conditions, our general terms and conditions for shop systems are applicable.
These terms and conditions apply to service agreements between Mobile Management GmbH (hereinafter referred to as "MM") and the principals, insofar nothing of the contrary is expressly stipulated in writing upon conclusion of the contract. Any potential contradictory regulations in the principals terms and conditions are hereby explicitly objected. They shall neither be deemed an element of the contract if the terms and conditions are enclosed in the order confirmation by the principal and MM does not object again.
MM renders the service agreed upon in the sense of a service contract and not within the meaning of a work contract.
2.1 In case the contract is concluded for a definite period, the duration is considered firmly agreed.
2.2 In case the contract is concluded for an indefinite period, a mutual right of termination shall be in effect, subject to a notice period of four weeks to the end of the month.
2.3 In case a lump sum price was agreed on and the order was cancelled by the customer prior to completion, MM is still entitled to full payment, unless the contract was cancelled due to reasons deemed acceptable by MM.
Copyright and right of use
3.1 MM is the owner of the copyright exploitation rights on any copyrightable work, which was also created during procurement. The principal receives a non-transferable right of use of such works.
3.2 Subject to conditions precedent, the right of use will only be granted after receipt of the agreed payment to MM. In case of default, MM shall be entitled to demand the return of the provided works together with any manufactured copies as well as a written document from the principal, declaring that there are no more documents or copies thereof in his possession.
Prices and costs
4.1 Payment shall in each individual case be effected as contracted. In case no separate agreement has taken place, MM is entitled to charge an appropriate advance payment for the services.
4.2 Expenses, mileage allowance as well as costs for business trips are to be settled, in compliance with the tax rates at that time, against invoice immediately. Insofar as costs in a foreign currency arise for MM, they are to be reimbursed at an exchange rate charged against the account of MM.
4.3 All prices are exclusive of value-added tax at the statutory rates applicable at that time. The place of performance for payments is the registered office of MM.
4.4 Invoices are to be paid immediately without deducting discounts.
Terms of payment
5.1 The terms of payment of the respective order shall apply. In case of default, MM is entitled to charge the usual banking current account interest. Further claims for damages shall remain unaffected by this.
5.2 Insofar as the principal falls significantly into arrears, MM shall be entitled to demand bank securities for open and future claims. The right of termination, according to clause 8, shall remain unaffected.
6.1 The principal undertakes not to advance business partners of MM, which have been included to render a service to the principal, in order to fulfill the service contract, or subsequent follow-up orders to third parties, without prior receipt of information from MM. Should the principal evade such customer protection for business partners of MM, the principal is obliged to pay a contractual penalty amounting to EUR 50.000 for each infringing act. Any claims for damages by MM shall remain unaffected.
6.2 The principal undertakes to treat documents, concepts as well as provided business contacts confidential and he is not to disclose such information to third parties without prior consent of MM. Should the principal, the representatives of his vicarious agents violate this obligation, the principal is obliged to pay a contractual penalty amounting to
EUR 50.000 for each infringing act.
MM, their managing directors and vicarious agents are only liable for culpa in contrahendo, positive breach of contract, delay, impossibility, offence or any other legal reason in case of intent, gross negligence or violation of cardinal obligations. In case of delay or impossibility, the principal has alternatively the right to compensation of the reasonably foreseeable damages limited to the cardinal obligations.
In addition to the termination options, stated in clause 2, both partners have the right to extraordinary termination for cause. This applies particularly in case of a significant deterioration of the principals financial circumstances, delay in payment of an invoice older than 30 days after the end of the payment period and force majeure, which renders it not only in the short-term impossible to fulfill contractual obligations.
9.1 In case of multiple contractual agreements between the principal and MM, the individual contracts shall only be united in a uniform contract if expressly agreed upon and confirmed by MM in writing.
9.2 The contracting parties are not authorized to transfer the contract as such or to assign individual rights thereof to third parties without prior written consent of the other party.
9.3 The principal is only authorized to offset payments or to exercise the right of retention if the respective claim is indisputable or legally established in a court of law.
9.4 Amendments or additions to this contract as well as to these terms and conditions require a written confirmation of both parties to become valid. This also applies to the waiver of the written form requirement in individual cases.
9.5 Should one of the aforementioned regulations be or become void, the validity of the contract shall otherwise remain unaffected. The partners shall replace a void regulation with a regulation that admissibly resembles the pursued economic purpose closest.
9.6 The law of the Federal Republic of Germany shall apply.
9.7 The place of jurisdiction for all disputes arising from this agreement is the state court of Augsburg, insofar as the principal is a registered trader or a legal entity under public law.
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