Germany Simplified (the “Platform”) is an online platform for (prospective and/or already living expats or immigrants) immigrants (“Consumers”) to Germany on the one side and providers like You of various services on the other side. The purpose is to connect such (prospective) immigrants and service providers in order for immigrants to find an easier way to start their lives in Germany.
These General Terms for Service Providers apply to the use of the Platform by Providers. If You are a Consumer, these general terms do not apply to You, but the General Terms for Consumers apply.
The General Terms for Consumers apply for any agreement between You and Consumers formed through the use of the Platform.
Any and all agreements made between You and the Platform and/or Providers on the platform are formed and governed by these General Terms for Service Providers, any written order confirmation and any declaration of acceptance.
To any particular agreement, the version of these General Terms and Conditions applies that is the current version at the time of the conclusion of such agreement.
We do not accept deviating general terms or conditions provided by You. This also applies if we do not expressly object to any such terms or conditions.
Description of services and conclusion of contract
The Platform acts as an agent for Consumers with regard to the services offered, unless expressly agreed otherwise. Parties to the agreement for services to be provided by You to Consumers are solely You and the Consumer, but not the Platform.
Any presentation on the Platform is an invitation to Consumers to make an offer to conclude an agreement with You. By sending an order via the Platform by clicking the button “order now” the Consumer will place a legally binding order.
The Platform will immediately confirm receipt of any such order by e-mail. Such an e-mail does not constitute a binding acceptance of the order, unless agreed otherwise with You and the e-mail message expressly declares acceptance.
A binding mutual agreement is only concluded when You accept the order by a declaration of acceptance or by starting to deliver the ordered services. Any acceptance needs to be declared without undue delay.
If You do not wish to accept any Consumer order, You shall refrain from a declaration of acceptance. You shall, however, in the interest of building a Platform that is attractive to Consumers, generally accept Consumer orders, unless you have good reason not to do so. If You reject an order, no mutual binding agreement is concluded. You shall, without undue delay, inform the Platform and/or the respective Consumer and refund any considerations already received.
The use of the Platform is subject to a fee. You are obligated to pay the Platform a fee of 25% based on the price list You and the Platform have agreed upon for each Consumer order.
All prices and fees are subject to VAT at the current rate.
Terms of payment, offsetting and right of retention
The Platform assumes responsibility for the booking and forwarding of payments to you on behalf of the Consumers.
You shall promptly issue an invoice to the customer after you receive a notification from the Platform that the payment by the Consumer has been received.
The Platform will forward payments of the Customer to You on the 15th or respectively 30th day of the month of invoicing, but not sooner than 14 days after declaration of acceptance by You.
The Platform will retain the fee according to section 3 from each payment to You.
In case of a refund to the Consumer You are obliged to bear any costs and charges in connection with the refund.
You are not entitled to offset against the Platform’s claims, unless your counterclaim is legally binding or undisputed. You are also entitled to offset against claims if You make counterclaims from the very same service agreement.
Subsection 2 above applies accordingly to any right of retention.
Limitation of Liability
The Platform’s liability for damages resulting from injury to life, body or health as well as for damages resulting from an intentional or grossly negligent act remains unaffected. The statutory provisions shall apply in this respect.
In other cases, the Platform is only liable in the event of a breach of an essential contractual obligation, the observance of which You could have relied on (so-called cardinal obligation). In this case – and if such breach does not fall under subsection 1 above – the liability is limited to the amount of the typical and foreseeable damage.
Any further liability than described in subsections 1 and 2 above is excluded.
Any legal invalidity of a provision shall not affect the legal validity of the remaining provisions.
Amendments and supplements to this General Terms of Engagement must be in text form in order to be effective. This shall also apply to any amendment or waiver of this clause.
The legal agreement between You and the Platform is governed by German law (excluding any conflict-of-laws provisions, and also excluding the United Nations Convention on Contracts for the International Sale of Goods).