1 Object of services

(1) The following General Terms and Conditions shall apply to any and all legal transactions which SBC Berlin concludes with contracting parties, hereinafter “Clients”. Subject matter of the agreement is the provision of services from within the field of relocation services for relocating the client’s employees.

(2) Contracts on the grounds of these terms and conditions are concluded with corporate customers and private entities.

(3) Agreements concluded with regard to the services offered are exclusively concluded on the basis of the following General Terms and Conditions [AGBs] in the version valid at the point in time of concluding the agreement. Our General Terms and Conditions shall apply exclusively. Deviating general terms and conditions [AGB] of the customer shall not be valid, unless we expressly agree thereto.

2 Conclusion of contract

(1) The Client can request a quote either via SBC Berlin’s website, or by email and telephone. SBC Berlin agrees to submit a quote including specification of services to the Client.

(2) The contract is concluded with the Client’s acceptance of the quote. This quote can be confirmed either on SBC Berlin’s website or by email, telephone or in writing on-site at SBC Berlin’s office.

3 Scope of contract, performance of contract

(1) Nature and scope of the contractual obligations on the part of SBC Berlin depends on the specifications on the SBC Berlin’s website and the quote submitted or on the written quote of the contractor (SBC Berlin) and the written order confirmation of the Client. All quotes shall be subject to change until they have been accepted.

(2) In the case of legal transactions which can lead to legal obligations, in particular payment or contingent liabilities of the Client or recipient of services vis-à-vis third parties, SBC Berlin shall only become active in the event of being expressly assigned by the contracting party.

(3) Counselling in issues regarding foreign citizens, as well as legal, tax and insurance counselling shall not be covered,especially according to legal services law. By request of the Client, SBC Berlin can place these services with external consultants who have the necessary permission for this and charge the costs to the Client.

(4) Written or oral translations to other languages – unless expressly and separately agreed upon – shall not be covered by the scope of services as defined in the agreement.

4 Payment and prices

(1) The prices on the website or agreed upon in the quote at the point in time of concluding the contract shall apply. All prices shall be understood including statutory VAT (Value Added Tax).

(2) The remuneration paid for the services offered by SBC Berlin depends on the respective contract awarded.

Additionally commissioned services after concluding the agreement shall be charged separately depending on the time invested and/or agreed flat rate. Expenses which are not defined by an existing price list are also charged separately. Third-party services, such as carrying costs, fees and broker fees are neither included in the services offered by SBC Berlin nor imperatively to be advanced by SBC Berlin.

(3) Payment, unless agreed otherwise, shall be due when placing the order. 50% of the payment shall be made when the order is placed and 50% at the end of the order. Payment shall be effected by wire transfer to the SBC Berlin’s account specified on the invoice. Payment for online orders is due immediately, the provision of service follows after receipt of payment.

5 Obligations of the Client

(1) As of the point of placing the order the Client shall inform SBC Berlin of any and all efforts to search for an item of property and shall harmonise any such efforts with SBC Berlin.

(2) The Client commits itself to influence the recipient of benefits in such a way to comply with schedules or to cancel any such sufficiently in advance.

(3) The Client agrees to provide SBC Berlin with any and all data and information required for a successful and complete provision of the services. The Client commits itself to procure any and all documentation, documents, powers of attorney and information required for contractual fulfilment by SBC Berlin at its own expense and to make any such available to SBC Berlin in due time and in full scope.

6 Term, termination, cancellation

(1) The term of the agreement depends on the order placed. The Client is entitled to terminate the agreement at any time without observing a period of notice. SBC Berlin is only entitled to terminate the agreement for cause. An important reason justifying a termination shall be deemed to be given on the part of SBC Berlin in particular if the Client violates its obligations set forth in Clause 4 and thus renders a fulfilment of the agreement impossible or impedes it substantially.

(2) In the event of a premature termination of the agreement SBC Berlin shall be entitled to demand a remuneration pursuant to the progress of work in the amounts specified below:

30% of the agreed total remuneration after commencing its activities, but before the beginning of the search itself.

50% of the agreed total remuneration after commencing the search for an item of property but before the signing of a rental contract.

80% of the agreed total remuneration after signing the rental agreement.

(3) In the event of a successful search in any case 100% of the agreed total remuneration shall be due and payable irrespective of the number of real-property objects viewed.

(4) In all other cases: 30% of the agreed upon sum for all ordered single services or packages before the provision of service. 50% of the agreed upon sum for all ordered single services or after the commencement of provision of services.

(5) If the customer defaults in payment we shall be authorised to demand default interest in the amount of 5 percentage points above the basic interest rate specified by the European Central Bank. In the event of a higher default damage being enforced on our part, the purchaser shall be entitled to submit proof of the fact that the enforced default damage either did not occur or incurred in a substantially lower amount.

7 Legal position of the contracting parties

(1) SBC Berlin becomes active as an independent entrepreneur on behalf of the Client.

(2) SBC Berlin shall be entitled to commit independent third parties or its own employees for the purpose of fulfilment of the contract.

8 Liability

(1) In the event of a slightly negligent breach of duty SBC Berlin’s liability as well as liability of SBC Berlin’s vicarious agents shall be limited to the foreseeable direct average damage according to the type of goods being typical for such contracts. In the case of slightly negligent breaches of duty concerning non-substantial contractual obligations, as a result of which the fulfilment of the contract is not endangered, neither we nor our vicarious agents shall assume any liability. The afore-mentioned limitations of liability shall not apply in the case of claims from product warranty or guarantee or in the case of claims resulting from damage to body and health, as well as in the case of your death.

(2) If the customer is an entrepreneur within the sense of Section 14 BGB [German Civil Code], SBC Berlin shall warrant for intent and gross negligence. Furthermore, SBC Berlin shall warrant for the negligent violation of obligations the fulfilment of which enabled the due and proper execution of the contract at all and the compliance of which you regularly confide in as customer. In so far as SBC Berlin has negligently violated a substantial contractual obligation, the duty of replacement for material damage shall be limited to compensation of the third-party liability insurance concluded by SBC Berlin. SBC Berlin shall not warrant for any slightly negligent violation of any other obligations set forth in the sentences above. In so far as a liability on the part of SBC Berlin is excluded or limited, this shall also apply to the personal liability of employees, workers, wage earners, staff members, representatives and vicarious agents. The afore-mentioned liability exclusions shall not apply in the case of injury to life, body or health. The liability pursuant to the Product Liability Act [Produkthaftungsgesetz] shall remain unaffected thereby.

(3) Documents, that SBC Berlin hands over to the client, its employees or other authorized persons (especially property reports) aren’t allowed to be given to any third party. Especially the purchase or the rental of any property can only be conducted by the party which has originally provided the documents. The client is liable to SBC Berlin for the corresponding use of the information material.

(4) Liability for services of third parties, who aren’t subcontractors of SBC Berlin, is excluded. Information by third parties will be forwarded according to best knowledge and belief. A liability for the accuracy of the information by SBC Berlin is excluded. If a liability of SBC Berlin is justified, it is limited to the amount of the order agreed upon before as well as financial losses, that are commonly expected in similar agreements. Translations or verbal transmissions in other languages aren’t part of our contractual scope of service. Though SBC Berlin may conduct such services on demand of the client, it’s not liable for correctness.

9 Right of retention

The enforcement of a right of retention pursuant to Section 273, 320 BGB [German Civil Code] by the Client shall be excluded. The Client shall only be able to offset against uncontested claims or claims which have been established as final and conclusive.

10 Data protection and confidentiality

(1) SBC Berlin agrees to keep documents and information regarding the Client confidential and shall only use such for the purpose of performing the agreed services. This obligation shall continue to exist beyond the termination of the agreement.

(2) SBC Berlin agrees to treat the customers’ personal data as confidential pursuant to the statutory regulations on data protection and confidentiality. No data shall be forwarded to any third party without explicit approval resp. any such shall only be forwarded within the scope of a necessary execution of the contract, for example, to the financial institute which has been authorised to handle payments. SBC Berlin’s privacy policy is part of these general terms and conditions.

11 Specification of references

(1) SBC Berlin may specify companies as reference on its own website and in its business documents. The use of protected logos, picture marks and/or word marks/figurative trademarks requires special approval by the Client.
(2) The Client is entitled to withdraw its nomination as reference at any time vis-à-vis SBC Berlin.

12 Applicable law, place of jurisdiction

(1) The laws of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods, unless this choice of law implies that a consumer is deprived of mandatory consumer protection standards resulting therefrom.

(2) If the contracting parties are merchants, the court at the registered offices of SBC Berlin shall be deemed to be competent unless an exclusive place of jurisdiction is substantiated for the matter of dispute. This regulation shall also apply if the customer has no place of domicile within the European Union.

13 Concluding term

If any term stipulated in this agreement is or becomes invalid or non-enforceable, this shall not affect the remaining terms set forth in this agreement.