Terms and Conditions

of eAssistentin UG (limited liability)
Margarethenstr. 39,
23558 Lübeck/Germany
represented by the Managing Director Marco Schiesler
(as of 8 September 2017)
These General Terms and Conditions (GTC) govern the contractual relationship between eAssistentin and its customers.

  1. Subject Matter of the Contract

eAssistentin UG (hereinafter also referred to as “eAssistentin”) provides assistance services via telephone and the internet. These services are described in more detail under “Services”.

  1. Scope of Services of eAssistentin

eAssistentin provides the services selected and agreed upon by the customer.

The services are provided exclusively via the internet and telephone. eAssistentin may, at its own discretion, use third parties in the performance of the services (e.g., freelance staff, subcontractors).

The services offered include, among others:

  • research
  • telephone services of all kinds
  • customer service via email, telephone, and web chat
  • online marketing
  • travel organization
  • data processing and preparation
  • creation of presentations
  • administration of web applications
  • text creation
  1. Agreed Services and Flat-Rate Offers

Depending on requirements, individual orders are agreed upon with the customer for specific requests.

The respective contract is concluded when the customer’s specific request is confirmed and accepted by eAssistentin.

The following services require a written agreement (according to the offer; a deposit may be required):

  • programming work
  • graphic and web design services

If eAssistentin provides such services at the customer’s request, the provisions of these General Terms and Conditions apply unless otherwise agreed. Regarding remuneration, the current prices of eAssistentin or individually communicated or agreed prices shall apply.

  1. Conclusion of Contract

A binding contract is concluded upon the customer placing an order and its acceptance by eAssistentin.

This also applies in the event of changes to the contractual terms, which may be made with two weeks' notice effective at the end of any month.

  1. Billing

Services provided are invoiced by eAssistentin on a monthly basis via email.

Upon request, invoicing can also be sent in paper form.

For this additional service, a flat fee of EUR 3.50 will be charged.

  1. Customer Obligations to Cooperate

The services provided by eAssistentin are rendered by mutual agreement. The customer must ensure that all required cooperation actions specified in the individual contract, as well as any other actions necessary for the execution of the service, are provided in a timely manner (e.g., transmission of necessary information, specification of desired execution times, provision of required contact details, and delivery of relevant data and feedback regarding the intended objectives).

The customer’s obligations to cooperate are essential contractual duties. If the customer fails to comply with these obligations in a timely or sufficient manner, eAssistentin is released from its obligation to provide services to the extent that performance is hindered or prevented, or if partial services are not possible. Any additional expenses or costs incurred by eAssistentin due to non-compliance shall be borne by the customer.

  1. Term

The contract is generally concluded for an unlimited period. Section 671 of the German Civil Code (BGB) shall apply. Accordingly, the client may revoke the contract at any time, and the contractor may terminate it at any time. No notice period is provided.

  1. Remuneration and Payment Terms

Remuneration is based on the current price list. Telephone call costs shall be reimbursed separately.

If, within the scope of the agreed services, calls to mobile networks or calls exceeding a total of 1 minute to German landlines are necessary, the resulting costs will be additionally charged to the customer.

Invoices are payable by bank transfer within 8 days of receipt. Other payment methods must be expressly agreed in writing with eAssistentin.

All amounts are exclusive of value-added tax (VAT) at the applicable rate (currently 19%).

  1. Liability

eAssistentin is not liable for slight negligence on the part of its corporate bodies, legal representatives, employees, or other vicarious agents, nor for gross negligence by non-executive employees or other vicarious agents, insofar as this does not concern a breach of essential contractual obligations, in particular the obligation to provide timely and defect-free performance.

If eAssistentin is liable for damages under sentence 1, such liability is limited to foreseeable damages typical for this type of contract at the time of contract conclusion.

eAssistentin is not liable for financial losses, indirect or consequential damages such as lost profit, missed savings, production downtime, or loss of use.

The above limitations do not apply to liability for intent, guaranteed qualities, injury to life, body, or health, or liability under the Product Liability Act.

  1. Data Protection / Confidentiality

Business and trade secrets of the customer are treated confidentially in accordance with legal regulations. Other confidential information shall be treated as confidential by eAssistentin, provided that such information is appropriately marked as confidential.

The customer shall inform eAssistentin of any special requirements regarding data protection and confidentiality. The general legal and statutory data protection requirements are known to both parties and will be observed and complied with. Unless otherwise agreed, the customer shall not make any protected data or information available to eAssistentin.

By transmitting data to eAssistentin, the customer confirms that the data may be used for the agreed purpose and that all necessary consents have been obtained.

  1. Non-Competition Clause

The agreements are based on the assumption that no conflicts of interest exist on either side. Accordingly, there is no competition between the parties. The parties are not in competition with each other and shall refrain, where applicable, from any business activity for competing companies of the respective contractual partner that could be disadvantageous to the other party.

  1. Non-Solicitation Agreement

The parties agree on a mutual non-solicitation clause, from which exceptions may be made by written agreement.

“Solicitation” means any direct or indirect inducement (e.g., through third parties such as headhunters, recruitment agencies, or current or former employees/team members of eAssistentin) to persuade an employee to leave eAssistentin and to take up employment (as an employee, freelancer, or consultant) with the customer.

The customer agrees not to solicit any employee/team member of eAssistentin during the term of the contract. If an employee of eAssistentin joins the customer during or immediately after the end of the contractual relationship, it is presumed that the employee was solicited by the customer during the contract term, unless proven otherwise.

In the event of any culpable breach by the customer, the right to assert claims, in particular for injunctive relief and damages, shall remain unaffected.

  1. Governing Law and Jurisdiction

If the customer is a business owner within the meaning of Section 13 of the German Civil Code (BGB), German law shall apply, and the place of jurisdiction for all disputes arising from or in connection with the contract shall be the registered office of eAssistentin. However, eAssistentin is also entitled to bring claims at the customer’s place of business.

  1. Final Provisions

Should individual provisions of the contract be invalid, the validity of the remaining provisions shall remain unaffected.

This contract does not create any protective effect in favor of third parties.