Terms and Conditions
for services from
Sandra Bachnick
Heidebruchstrasse 5
66424 Homburg
Tel: 0176 3156 7318
Email: sandrabachnick@gmx.de
1. Scope
1.1 The following General Terms and Conditions regulate the processing of a fee-based service from my portfolio as a virtual assistant and apply as a service contract between contractor (me) and customer.
1.2 The booking of an hourly package or accepting an offer implies the acceptance of the General Terms and Conditions applicable at the time of booking and the customer accepts them.
1.3 Insofar as individual contractual provisions deviate from the provisions of these General Terms and Conditions or contradict them, the individual contractual provisions take precedence.
1.4 The customer's terms and conditions are not recognized unless they are expressly agreed in writing in individual cases. The contractor expressly objects to the customer's General Terms and Conditions. A further objection to the customer's General Terms and Conditions by the contractor is not required.
2. Subject of the contract
2.1 The contracting parties agree to cooperate in accordance with the specific, individual contractual agreement. An employment contract is not intended by the parties.
2.2 The contractor itself shall be responsible for social security contributions or tax matters and and shall indemnify the customer against any obligations.
2.3 The contractor is free to also work for other customers
3. Formation of the contract
3.1 The contractual relationship comes into effect upon placement of the order by the customer or booking an hourly package and it's acceptance by the contractor. This shall be done in writing (by mail or post).
3.2 The subject matter of the contract or the exact description of the order is described in the order letter sent via e-mail.
3.3 The acceptance of the contract by the contractor shall be sent to the customer in writing to the e-mail address provided by the customer and shall be clearly marked as such.
3.4 The order letter is stored by the contractor.
4. Term of contract and Termination
4.1 The contract begins and ends at the individually agreed date.
4.2 In the case of cooperation for an indefinite period, a notice period of one month in advance must be observed. The termination must be made in writing (by mail or post).
4.3 The hourly package booked is not automatically extended and does not require termination.
5. Scope of services, duties of the contractual partners
5.1 The services to be provided by the contractor include the tasks listed, in accordance with the order placed by the customer. The contractor offers the work of a virtual assistant to the customer.
5.2 The customer purchases an hourly package that can be used by him for a predefined period of time to delegate predefined work tasks. Any number of work orders can be delegated to the contractor within the booked number of hours.
5.3 These work orders can be transmitted via e-mail or by telephone. The customer discusses the desired method of execution or the desired work result with the contractor upon transmission.
5.4 If desired, the contractor shall inform the customer at periodically about the progress of the work. The contracting parties may agree on a schedule for the performance of the work and the expected date of completion of the performance of the work.
5.5 If the contractor is actually unable to fulfill an order, he shall inform the customer immediately.
5.6 The contractor works virtually and at a work location of her choice, but at no time on the customer's premises. The contractor shall provide the programs and equipment required to provide the service, unless otherwise agreed by contract. If work requested by the customer requires access to specific third-party programs, these will be provided by the customer or, upon agreement, purchased on the customer's behalf and expense.
5.7 Both parties undertake to support the contractual partner in the performance of the respective obligation to the best of their knowledge and belief by providing information, information or experience in order to ensure a smooth and efficient workflow.
6. Clocking and time recording
6.1. Time is billed in 15-minute increments. Each task started will be charged with at least 15 minutes.
6.2. The contractor ensures a complete and traceable record of the working time spent for the customer.
6.3. Work breaks will not be charged to the hourly quota booked by the customer.
6.4. The number of hours currently available to the customer will be communicated upon request.
7. Prices and terms of payment
7.1 Unless otherwise agreed in writing, the hourly package selected by the customer must be paid immediately and without deductions (advance payment) after the contract has been accepted and the invoice issued. In the case of accepted offers, a down payment of 50% is usually to be made and the remaining amount after the end of the contract. Individual agreements are excluded from this.
Separate terms of payment can be found in the valid offer.
7.2 Invoices are payable upon receipt without deduction.
8. Confidentiality and Secrecy
8.1 The contractor undertakes to maintain secrecy about the customer's business and trade secrets.
8.2 The contractor undertakes not to disclose the documents, information and work results to third parties unless this is requested by the customer. This must be specified in writing in advance.
8.3 The customer is obliged to maintain secrecy about details of the contract, as well as about trade and business secrets of the contractor.
8.4 The confidentiality obligation extends for the contractor and the customer beyond the end of the contractual relationship. Exceptions exist in the case of legal obligations to provide information.
9. Liability
9.1 The contractor is liable in the event of intent or gross negligence in accordance with the statutory provisions. Liability for guarantees is independent of fault. In the event of slight negligence, it is only liable in accordance with the provisions of the Product Liability Act, for injury to life, limb or health or for breach of essential contractual obligations. However, the claim for damages for the slightly negligent breach of essential contractual obligations is limited to the foreseeable damage that is typical for the contract, insofar as there is no liability for injury to life, limb or health.
9.2 The contractor is liable for damage caused by exceeding the deadline. In case of illness of the employee, a rework, after recovery, is required immediately.
9.3 In the event of defects caused by the fault of the contractor, the contractor undertakes to rectify and remedy the defect free of charge.
10. Place of jurisdiction
10.1 German law applies exclusively to the business relationship.
10.2 The court responsible for the registered office of the contractor is agreed as the place of jurisdiction. Irrespective of this, the contractor is entitled to sue the customer at his general place of jurisdiction.
11. Other Provisions
Both contracting parties confirm that all contractual information is true and to the best of their knowledge and belief. Subsidiary agreements and changes to the contract must be in writing to be effective.
Status 04/01/2023