Conditions
General Terms and Conditions of SOPPsec GmbH
(valid from January 1, 2022)
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1. General service execution
(1) According to Article 34a of the Industrial Code, the security trade is a trade that requires a license and carries out its security services as a district, property protection or special service.
a) The area service is carried out in uniform by individual patrols or radio patrol drivers. Unless otherwise agreed, checks are carried out on the guard objects grouped into guard areas at times that are as irregular as possible during each tour.
b) The separate / object security service is usually carried out by one or more security employees who are specifically deployed for one or a few security objects in a spatial context. The individual activities are specified in special service instructions.
c) The special services include e.g. B. Personnel checks, escort and protection services, the operation of alarm and emergency call centers (service centers) and the implementation of checkout, security and supervisory services for exhibitions, trade fairs, events and other services.
(2) The mutual obligations of the client and the security company (hereinafter: company) are agreed in special contracts.
(3) The company renders its activity as a service (no hiring out of employees in accordance with the law on commercial hiring out of August 7, 1972 as amended), whereby it uses its staff as vicarious agents. Except in the case of imminent danger, the selection of the staff employed and the right to issue instructions lies with the commissioned security company.
(4) The company is solely responsible for fulfilling all legal, official, social law and professional association obligations towards its employees.
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2. Rules of inspection
In individual cases, the written inspection regulations / alarm plan alone are decisive for the execution of the service. According to the client's instructions, she / he contains the detailed provisions on the rounds, checks and other services that must be carried out. Changes and additions to the inspection regulations / the alarm plan require written agreement. Insofar as unforeseeable emergencies require it, planned checks, rounds and other work can be refrained from in individual cases.
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3. Keys and emergency addresses
(1) The keys required for the service are to be made available by the customer in good time and free of charge.
(2) The company is liable for lost keys and for damage to keys caused intentionally or negligently by the service staff within the scope of clause 11. The customer shall inform the company of the addresses that can be notified by telephone at night if the property is at risk. Changes of address must be communicated to the company immediately. In cases in which the company has to carry out alarm tracking via activated alarm systems, the order of notification is to be arranged by the client.
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4. Complaints
(1) Complaints of any kind relating to the performance of the service (e.g. non-commencement of the service, delays, poor performance of the agreed security services, etc.) must be reported in writing to the company's management immediately after discovery in order to remedy the situation.
(2) Repeated or gross violations in the execution of the service only entitle the customer to terminate the contract without notice if the company does not remedy the situation after written notification within a reasonable period of time - at the latest within seven working days.
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5. Order Duration
Unless otherwise agreed in writing, the contract runs for one year. If it is not terminated three months before the end of the initial term, the contract will be extended by a further year and then again by a further year.
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6. Minimum Hours
Unless otherwise contractually agreed, the customer must pay the minimum number of hours of 4 hours per employee per day of use (according to MTV).
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7. Execution by other companies
The company is entitled, in agreement with the client, to use approved and reliable companies to fulfill its obligations in accordance with § 34a GewO.
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8. Interruption of the guard
(1) In the event of war or strikes, unrest and other cases of force majeure, the company can interrupt the service or change it appropriately if it is impossible to carry it out.
(2) In the event of an interruption, the company is obliged to reduce the remuneration in accordance with the wages saved for the time of the interruption.
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9. Early Termination
(1) If the customer moves, or if the contract object or object is sold or otherwise given up, the contractual relationship can be terminated by either contracting party with a notice period of one month.
(2) If the company gives up the hunting ground, it is also entitled to terminate the contract early by giving one month's notice.
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10. Succession
In the event of the death of the customer, the legal successor enters into the contract, unless the subject matter of the contract was primarily geared towards personal interests, in particular the protection of the person of the customer. The contract is not affected by death, other legal succession or legal change of the company.
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11. Liability and Limitation of Liability
(1) In cases of slightly negligent damage caused by a legal representative or a vicarious agent, the company's liability for property damage and financial losses is limited to the typical and foreseeable damage in comparable transactions of this type. Liability for other cases of culpable causation of property damage and financial loss remains unaffected.
(2) The liability of the employees for damage to property and financial loss is also limited to the typical and foreseeable damage in comparable transactions of this type in cases of damage caused by slight negligence. Liability for other cases of culpable causation of property damage and financial loss remains unaffected.
(3) In accordance with Article 6 of the Guarding Ordinance, the company has liability insurance. The insurance contract is based without restriction on the general liability insurance conditions (AHB) and the conditions for the liability insurance of security companies. In particular, this insurance cover excludes damage that is not related to the actual security service, such as the assumption of the obligation to spread in the event of black ice, the operation of sun protection devices, or the operation and maintenance of machines, boilers, heating devices, electrical or similar systems.
(4) Liability for personal injury remains unaffected. The restrictions of paragraphs 1 to 3 only apply to property damage and financial losses.
12. Making Liability Claims
(1) Claims for damages must be asserted against the company within a period of 3 months after the beneficiary, his legal representatives or vicarious agents have become aware of the damaging event. If the amount of the damage cannot be determined within this period, it is sufficient, but also necessary, for the damage to be asserted on the merits. Claims for damages that are not asserted within this period are excluded.
(2) The customer is also obliged to give the company the opportunity to make all necessary determinations about the cause of the damage, the course of the damage and the amount of the damage itself or through agents. Expenses for damages resulting from the fact that the customer does not comply with his above obligations or does not do so immediately shall be borne by him.
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13. Liability Insurance and Proof
SOPPsec GmbH is obliged to take out liability insurance as part of the liability assumed, the limits of which are set out in Section 11. The customer can request proof of the conclusion of such an insurance. The amounts of the insurance sums are specified in the regulation on the security industry in the version of July 10, 2003 (Federal Law Gazette I p. 1378).
SOPPsec GmbH maintains liability insurance with the following coverage amounts:
a) €5,000,000.00 flat rate for personal injury and damage to property
b) €13,000.00 for purely financial losses
c) €16,000.00 for damage caused by the loss of guarded items
d) €5,000,000.00 for damage caused by lost keys
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14. Payment of the Fee
(1) Unless otherwise agreed, the fee for the contract is to be paid immediately after receipt of the invoice, but no later than within ten days of the invoice date.
(2) Offsetting and retention of the payment, as well as non-agreed discounts are not permitted, unless in the case of an undisputed or legally established claim.
(3) In the event of default of payment, the contractor has the right to discontinue the services without notice, without the client being released from payment for the contract period or from the contract. In the event of default in payment, the contractor also has the right to terminate the contract without notice and to demand damages for non-performance in the amount of half the fee that would have been paid if the contract had been properly performed.
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15. Price Change
(1) In the event of a change / introduction of statutory taxes, duties, insurance premiums, vehicle operating costs, wage costs and ancillary wage costs, in particular due to the conclusion of new wage, general or other collective agreements that lead to an increase in the costs of the agreed service, the company is entitled to change the remuneration by the same amount by which the hourly rate for the execution of the order has changed due to the change in wage costs, ancillary wage costs and other above-mentioned costs, plus the applicable statutory taxes and duties.
In the case of a price increase, it must be stated which cost factors have risen to what extent and what significance this cost increase has for the cost calculation.
Cost increases for individual cost components can only be passed on to the extent that they are not offset by price reductions for other cost components. The price increase comes into effect at the beginning of the month if the client has been informed of it by the third working day of the previous month, with disclosure of the cost calculation and proof of the changed cost factors.
(2) The levying of statutory and tariff time surcharges shall be deemed to have been agreed between the contracting parties, unless expressly agreed otherwise in writing.
– Night surcharge 10%
– Sunday surcharge 50%
– Holiday surcharge 100%
(3) In the event of a change in cost factors that lead to a reduction in the costs of the agreed service, the client is entitled to a price reduction in accordance with the provision in paragraph 1.
(4) If one of the parties demands a price adjustment, the other party has a special right of termination with a notice period of two weeks to the end of the month.
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16. Commencement of contract, contract changes
(1) The contract is binding from the point in time at which the client receives the written order confirmation.
(2) Subsidiary agreements, changes, additions or restrictions to the contract must be in writing.
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17. Withdrawal from Contract / Cancellation
(1) In the event of withdrawal from the contract, the following cancellation costs are due (% of the order volume)
– up to 14 days before the start of the service > free of charge
– from 14 days before the start of the service > 25%
– from the 7th day before the start of the service > 50%
– from the 3 day before the start of the service > 75%
– one day before the start or on the day of the service 100%
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18. Non-solicitation clause and contractual penalty
(1) The client is not permitted to cause employees of the company to terminate their employment and to establish a new service or employment relationship as self-employed or dependent employees of the client. This provision also applies six months after the end of the contract.
(2) If the customer culpably violates the provisions of paragraph 1, he is obliged to pay the company a contractual penalty to be determined by the company at its reasonable discretion for each case of infringement, the appropriateness of which must be checked by the competent court in the event of a dispute .
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19. Privacy
(1) The provisions of the Federal Data Protection Act (BDSG) apply to data protection, in particular §§ 27 et seq. BDSG for non-public bodies in its currently valid version.
(2) Section 5 BDSG (data secrecy) applies in particular.
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20. Jurisdiction and place of performance
If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of performance and jurisdiction is the headquarters of the company's management. This jurisdiction agreement also applies expressly in the event that:
a) the party to which legal action is taken relocates their registered office, place of residence and/or habitual abode after conclusion of the contract;
b) Claims from the contractual relationship are asserted by way of dunning procedures.
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21. Final Provision
If individual provisions of this contract should be legally ineffective, they should be reinterpreted in such a way that the economic purpose associated with the invalid provision is achieved. This does not affect the validity of all other provisions.
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Velbert, January 1st, 2022