General Terms & Conditions
Information according to § 5 TMG:
Karl-Liebknecht-Str. 34, 10178 Berlin
Represented by Managing Director:
Dr. Jay Krishna Thakur
Phone: +49 30 20679115
Register Court: Charlottenburg Local Court
Register number: HRB 157908 B
Sales tax identification number according to §27a Umsatzsteuergesetz:
1. General Scope
- UIZ GmbH (“Provider”) as a Employee.to platform is an agency for Virtual Assistant services, including the following: Web Design, Programming, Web Design, Graphics, IT Assistant, SEO, SMM, management, design, WordPress websites, data processing, spreadsheets and all other services, which are provided according to the client’s requirements by the service provider UIZ GmbH
- All Services Of UIZ Gmbh Are Provided Exclusively On The Basis Of These GTC. They Also Apply To Future Transactions Between The Contracting Parties Without Having To Be Agreed Upon Again. The GTC Of The Customer Is Contradicted Under The Premise That They Contain Different Regulations.
- Amendments and supplements to the General Terms and Conditions are only binding if they have been confirmed in writing by UIZ GmbH. Assurances and ancillary agreements that go beyond the content of the respective contract must also be agreed upon in writing.
- UIZ GmbH is Located At: Karl-liebknecht-str. 34, 10178 Berlin.
- It Is Legally Represented By The Managing Director: Dr. Jay Krishna Thakur.
- The customer’s application for the conclusion of the intended contract consists either in the transmission of the online order form in writing to the provider or in the sending of an electronic declaration, insofar as this is offered in individual cases. The customer is bound to his application for 14 days. The contract is only concluded with the express acceptance of the customer’s application by the provider or the first performance action by the provider that is recognizable to the customer.
- Customer’s right of cancellation under the Distance Selling Act: The consumer has a right of cancellation in distance contracts.
Cancellation policy: You have the right to cancel this contract within 14 days without giving a reason. The cancellation period is 14 days from the day the contract was concluded. In order to exercise your right of withdrawal, you must inform us, UIZ GmbH, Karl-Liebknecht-Str. 34, 10178 Berlin, firstname.lastname@example.org by means of a clear statement (e.g. a letter sent by post, fax, or e-mail) of your decision to withdraw from this contract. To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
3. Scope of services, the subject matter of the contract, and change of the contract
- UIZ GmbH provides Virtual Assistants for IT and non-IT services for every type of company. Both individual and complete graphics and programming Virtual Assistant, logo and flayer development, online marketing and web design, system support and maintenance, consulting, design, virtual employees, and other services can be provided depending on the customer’s requirements. In doing so, UIZ GmbH works explicitly according to customer requirements, set out in a specification/specification prepared in coordination with the customer – as far as regulated in the offer.
- The services are provided by UIZ GmbH itself or by third parties. Third parties are subcontracted and are therefore not contractual partners of the customer unless this is expressly pointed out in writing or this is desired. In the case of subcontracting, UIZ GmbH guarantees proper selection and monitoring of the personnel. In particular, UIZ GmbH guarantees the observance of confidentiality and information obligations under this contract.
- UIZ GmbH reserves the right to expand, change and make improvements to services within the legally permissible framework. Add-on Services are billed according to the time required and the hourly rates corresponding to the respective work, but at least EUR 20 plus VAT per hour. They are not part of the agreed flat fee or tariff and are agreed or ordered and calculated separately.
- If UIZ GmbH should also provide free services in deviation from the regular commissioning and add-on services agreed upon for a fee, these can be discontinued at any time without prior notice. If the discontinuation of these services is of importance to the customer, he will be informed in advance by UIZ GmbH. Claims for reduction, reimbursement, or damages by the customer against UIZ GmbH due to this setting are excluded to the extent permitted by law.
- Voluntary, free-of-charge services, and benefits of the provider, which are expressly designated as such and are not part of the service description, can be discontinued by the provider at any time. The provider will take into account the legitimate interests of the customer in the event of changes and the discontinuation of free services.
- The provider can also transfer its rights and obligations under this contract to one or more third parties (“contract transfer”). The provider must notify the customer of the contract transfer at least four weeks before the date of transfer. In the event of a contract takeover, the customer has the right to terminate the contract with effect from the time of the contract takeover.
- All offers are non-binding and, unless expressly stated otherwise, do not include VAT.
- An order is only considered accepted if it has been confirmed in writing by UIZ GmbH and the customer. The remuneration for the services is based on the individual contract.
5. Basics of cooperation
- The customer names a permanent contact person to UIZ GmbH who has the necessary rights. This also applies to changes to be made to the text of the contract and the owed content.
- The customer is fully responsible for the proper selection of the Virtual Employee, for their qualification, and for the decisions to be made by them in individual cases. UIZ GmbH may insist on arranging intermediate steps in the provision of services and separate appointments for meetings and acceptance with designated contact persons.
- UIZ GmbH may use the customer for its own advertising purposes, e.g. in reference lists.
- UIZ GmbH has the right to appear on the copies and in publications, e.g. on the website created by UIZ GmbH for the customer in the imprint or in the Footer or on the printed matter such as brochures to be named as the originator or author with a link to the web address www.employee.to
Contract term (also for tariffs, monthly or products with a term), contract extension and termination, discontinuation of service
- The contract of tariffs with a term has a contract term of either 2, 4, 6, 12, 24, 36 or 48 months. The contract period begins after acceptance and signing of the contract. The contract can be terminated by either party with a notice period of one month to the respective end of the term. The contract is automatically extended by the selected contract term if the contract is not terminated in good time at the end of the term.
- The right of both contracting parties to terminate the contract without notice for good cause remains unaffected. An important reason for the provider is given in particular if at least one of the following facts is present: – the customer culpably violates a contractual obligation despite a warning; – the customer does not remedy a contractual or legal violation within a reasonable period of time despite a warning. A warning is unnecessary if it is a violation that makes it unreasonable for the provider to continue the contract. This is particularly the case: – in the case of serious contractual or legal violations, such as – significant violations within the meaning of Sections 23, 24 of the Youth Media Protection State Treaty and/or – significant copyright infringements by storing and/or making such content available for retrieval, in particular music, images, videos , software, etc. and/or – the storage and/or making available for retrieval of content whose storage and/or making available for retrieval is punishable – in the event of criminal offenses by the customer against the provider or other customers of the provider, in particular in the case of criminal spying or Manipulation of the data of the provider or other customers of the provider.
- The termination of additional options selected for the respective tariff, in particular additional domains, does not affect the contractual relationship as a whole.
7. General obligations and liability of the customer
- The customer assumes sole responsibility for the content of his information. Insofar as the services of UIZ GmbH relate to internet services, the customer is particularly liable for ensuring that the content of his website corresponds to the provisions of press law and competition law.
- The customer assures that he owns the rights for the distribution of “his” content as the owner of the copyright and, if applicable, trademark, personality, and others. The customer is liable for all consequences that arise for UIZ GmbH or third parties as a result of the illegal use or the fact that the customer does not fulfill his obligations.
- UIZ GmbH undertakes to maintain secrecy about all business transactions of the customer made known to it in connection with the fulfillment of the order placed.
- If the customer requests entries in Internet search engines and business directories, the relevant data are not considered confidential. They may be used by UIZ GmbH for entry and thus made accessible to third parties.
- The customer gives UIZ GmbH his consent for the personal data that has become known in the context of the business relationship to be stored and processed for precisely these purposes.
- Both contracting parties will observe the relevant provisions of the Data Protection Act both during the term of the contractual relationship and after its termination.
9. Service time
- UIZ GmbH provides its services within the contractually agreed service time, which is regularly specified in the respective service certificate.
- Unless otherwise contractually agreed, the service time is Monday to Friday, 9 a.m. to 5.30 p.m., excluding national public holidays and public holidays in the state of Berlin.
- The Virtual Assistant’s working hours and availability will be determined by agreement. If the customer or the assistant wishes to change the working hours after the agreement, this can be done in mutual agreement.
10. Communication and availability of information:
- The Assistant undertakes to respond to the Customer within 24 hours at the latest. In the event of an emergency or similar conflict, the Assistant will notify the Customer as early as possible and inform the customer as early as possible if there is a possibility of interruption of the services, regardless of whether it is a temporary or long-term interruption.
- The same applies to the client if the client wishes to interrupt services for a short period of time in the event of an emergency.
11. Terms of Payment
- By default, the customer authorizes the provider to collect all fees incurred as part of the contractual relationship by direct debit from the account provided by the customer. This also applies to notification of new bank details. Other payment options may be provided by the provider, such as credit card payment, bank transfer.
- The usage-independent fees are payable in advance, at the latest at the beginning of the respective billing period. Usage-based fees are paid at the end of the respective billing period.
- The provider provides an electronic invoice for each payment transaction in the secure customer service area. Invoices are sent by email free of charge. Invoices are due for payment immediately upon receipt without deduction.
- If the customer wants the invoice to be sent by post, the provider is entitled.
- The provider can change the prices at the beginning of a new contract period with a reasonable notice period of at least six weeks. If the customer does not object to this change within this period, the change is deemed to have been approved. With the announcement, the provider will expressly inform the customer of the deadline and the consequences of the failure to object.
- If the customer is in arrears with an amount that corresponds to at least one monthly basic fee, the provider can temporarily block the corresponding service. The temporary blocking of services does not affect the basic payment obligation of the customer.
- If direct debits, regardless of whether they are different or the same, cannot be successfully collected twice in a row, the customer is excluded from paying by direct debit. His payments can then only be made in advance. In addition, the customer must reimburse all of the provider’s costs that are caused by the returned direct debits. Furthermore, the provider is entitled in this case to demand all payments due up to the time of the extension of the contract/contracts of the customer immediately and in one sum. The provider reserves the right to withhold his services until all outstanding claims of the customer have been settled in full.
- The customer is also in default without a reminder if he does not pay within 14 days of receipt of an invoice or the notification that the invoice is in the customer service area has been hired, paid. If the customer defaults in payment, the provider can claim interest on arrears in accordance with Section 288 of the German Civil Code.
- The provider can claim processing fees of up to EUR 10.00 for unauthorized returned direct debits.
- There are no refunds for services and contracts already rendered.
13. Place of jurisdiction, applicable law
- In the event of a breach of these GTC by the customer, the UIZ GmbH is entitled to withdraw from the contract immediately.
- In the event of a dispute and the effectiveness of this agreement on jurisdiction, the place of jurisdiction for all customer claims shall be Berlin; the Federal Republic of Germany.
- The law of the Federal Republic of Germany applies exclusively.
- Should one of the above provisions be or become invalid, this shall not affect the validity of the remaining provisions.
14. Final Provisions
- Deviations from this GTC must be in writing, this also applies to a deviation from this written form requirement. Verbal agreements are not valid. To comply with the written form, it is sufficient for UIZ GmbH.
- Place of the performance is Berlin, Germany.
- Should the provision of these terms and conditions be or become invalid, the validity of the remaining provisions will not be affected. All clauses whose legal application cannot be applied due to a legal error or invalidity should, as far as possible, be replaced by clauses that have legal validity, that most closely correspond to the original economic intention and that the parties, upon knowledge of the invalidity would have been agreed at the time the contract was concluded. Contract texts are valid in German and English.