GTCT
Section 1 – Subject matter
(1) ADS Auskunftei Detective Security GmbH (hereinafter referred to as ADS) undertakes to render available their services relative to the order placed. ADS shall be obligated to carry out the said correctly – in keeping with the order placed.
(2) The success, which the contractor (hereinafter referred to as AG) anticipated by placing the order, cannot be guaranteed by ADS, however.
Section 2 – General contact obligations
(1) AG and ADS undertake to preserve strict confidence about the order and the type of execution. Moreover, the AG undertakes to preserve strict confidence about the results of the order towards third parties without prior written approval of ADS.
(2) After execution of the order ADS shall inform the AG about the results of the investigations. The respective form of reporting shall be within the discretion of ADS. In the event of any complaints about the report, the AG shall inform ADS immediately, at the latest, however, within fourteen days – in writing by registered letter. If the AG does not fulfil his/her obligation, the AG shall not be able to object to the type of report as well as the execution of the investigations and the invoice amount resulting.
(3) ADS shall decide within due discretion about the kind of order execution and shall solely select the persons for the performance. The AG authorises ADS to employ for the execution of the order the employees and vehicles up to number agreed upon above at the same time in compliance with the requirements of the respective state of investigation and under consideration of the circumstances of the individual case as well as to carry out operations on Sundays as well as public holidays in keeping with the requirements of the case.
(4) Subsequent instructions of the AG to limit the number of staff and vehicles employed shall have to be transmitted to ADS at least six hours prior to the respective operation and shall require the written acknowledgement by ADS.
Section 3 – Terms of payment
(1) An hourly fee for each officer employed shall have to be paid which shall be subject to a twenty per cent increase for operations on workdays during 20:00 hours and 06:00 hours the following day as well as to a fifty per cent increase for operations on Sundays and public holidays. Broken hours shall be calculated as full.
(2) Independent of the hourly fee, a single basic fee shall have to be paid for acceptance and handling of the order, which shall be due even after subsequent resignation or withdrawal of the order. If an order is placed again in the same investigative matter, no additional basic fee shall be due.
(3) For the use of standard vehicles, a per-kilometre lump-sum per kilometre driven shall have to be paid as agreed upon the contract.
(4) An expense lump-sum amount shall be due for each officer. A minimum fee of three hours shall be charged for each operation and officer. In deviation of existing regulations, a lump-sum, success, daily and weekly fee may be arranged, which shall have to be confirmed in writing. Expenses and the respectively valid value-added tax rate shall be charged separately in every case.
(5) The AG undertakes to pay an advance. ADS shall be entitled to make the execution and continuation of the order dependent on the payment of an advance. If the AG does not meet his/her obligation to pay part of the fees, expenses or reimbursement, the remaining debt shall be due immediately.
(6) In case of a withdrawal of an order placed by the AG, the said shall not be relieved from the obligation to pay the lump-sum and minimum fee agreed upon or the fees for in-office or out-of-office activities inclusive of the consultations rendered up to that point.
(7) The AG shall not be entitled to refuse the payment of the fees because the investigations / observations have not produced the requested success.
(8) All payment obligation not yet met by the AG shall be payable within a period of seven days after invoicing, provided nothing to the contrary has been agreed upon, whereby the decisive point in time of the receipt shall be the credit of the invoice amount. In case of a default, ADS shall charge one per cent of the total due per month as damages caused by delay. A collection fee of € 15.00 shall be charged for each reminder. The risk of exchange losses shall be borne exclusively by the AG in case of agreement in foreign currency.
Section 4 – Utilisation of results
(1) ADS shall not be obligated to disclose their sources of information to the AG. If the AG wants to refer to the staff members and informers of ADS as witnesses, he/she shall have to obtain their written approval. If staff members and informers of ADS are summoned to make a statement in criminal or civil court proceedings, the AG undertakes to pay the hourly fee agreed upon when the order was placed for each staff member whereby a broken hour shall be charged as full.
(2) Films, photographic pictures, inclusive of the negatives, and tape recordings produced in conjunction with the order execution shall remain the property of ADS as a matter of principle. If copies are rendered available to the AG, the said shall be permitted to use them only within the scope approved of by ADS. The reports shall be intended for the AG only. Indiscretion, forwarding, even partially, shall be liable for compensation. The information shall be rendered without any liability assumed for the correctness and with the exemption of liability for the consequences of the resolutions taken by the AG. Utilisation in front of court shall explicitly require a written agreement.
Section 5 – Instructions of the AG
(1) The AG undertakes to give individual instructions for the execution of the order in due time – at least six hours prior to the start of the operation. ADS reserve the right to reject the instructions of the AG in whole or in part without statement of reasons.
Section 6 – Business safeguards
(1) The AG undertakes not to entice away directly or indirectly or to try to entice away any staff members / companies employed by ADS; this shall also apply for future orders. The AG shall not be allowed to employ the staff / company, which is rendered by ADS, neither directly nor indirectly through third parties during the life of the contract and two years after its expiry
(2) If the AG provably offends against the negative covenant agreed upon in keeping with section 2, number 1 or section 6, number 1, the said shall be obligated – under exclusion of continuando – to pay a penal sum to the amount of € 10,225 for each individual offence whereby ADS shall be at liberty to substantiate the occurrence of a higher damage.
Section 7 – Performance(1) Ensuring the observation of authority regulations, ADS shall be permitted to avail themselves of suitable and reliable staff members / companies to provide the services, whereby ADS shall remain the sole contractual partner who shall be responsible for the fulfilment of the contractual obligations. ADS shall not be liable for any resolutions taken on the basis of the investigations / observations carried out.
Section 8 – Contract changes, escape clause
(1) Collateral agreements and modifications of the contract shall have to be made in writing to be legally effective. If individual stipulations of this contract are ineffective, this fact shall not affect the effectiveness of the remaining contract.
Section 9 – Miscellaneous
The AG assures to have a vested interest in the execution of the order.
Section 10 – Venue
The venue for disputes resulting directly or indirectly from the contractual relationship shall always be Munich in the Federal Republic of Germany.