General Business Terms and Conditions of intertel dialog-service-gmbh

General Business Terms and Conditions for the Inbound and Outbound division of intertel dialog-service GmbH, hereinafter referred to as intertel.

§ 1 Our offers are always without obligation and do not render it essential to accept an offer at the conditions stated therein.
The contractor will however uphold the offer for a duration of 2 months. After this time, it will cease to be valid if no order was placed in the meantime.

§ 2 Oral agreements that deviate from the offer shall require a written form. Unilateral changes to the scopes of services stated in the offer will render the offer invalid and shall require a new offer.

§ 3 An order shall be deemed as placed if the order confirmation of the contractor is not objected to within 5 workdays, or proposals were drawn up following oral requests of the client, which are available to the client. An order shall furthermore be deemed as placed if the client notifies intertel orally or by email
that the processing is to begin.

§ 4 An interruption or postponement of a confirmed order is only possible by coordination and in a written agreement with intertel.

§ 5 A change to the objective of an order is only possible after coordination and a written agreement with intertel.

§ 6 The object of the order is the service agreed in the respective offer. A success is not promised. The order will be carried out according to the principles of proper professional practice.

§ 7 The client is obliged to supply intertel with all data, information and documents that are necessary for execution of the order in time before the start of the project (will be stipulated individually) and to make these available in order to enable a smooth workflow.

§ 8 Remuneration and terms of payment
§ 8.1 In case of prices, which have not been stipulated separately as per contract, the price list currently presented with the respective receipt of the order, or the agreed offer price shall apply.
§ 8.2 Minimum revenues and other prices with reference to the month will be due in the full amount for each started month.
§ 8.3 With orders from new customers 40% advance payment may be charged.
§ 8.4 Invoices and instalment payments are due and payable within 14 days after they have been received.
§ 8.5 If the payment deadline of 14 days is exceeded the client shall be deemed in default with a reminder.
§ 8.6 Subject to other rights the contractor may invoice default interest in the amount of 2% above the respectively valid overdraft facility interest rate of its house bank. The client is explicitly permitted to prove that no damages or a reduction in value were suffered at all or were substantially lower.
§ 8.7 In case of orders, the total order amount of which without value added tax exceeds the total amount of EUR 25,000.00, instalment payments, subject to a written agreement to the contrary, are to be paid in line with the quantity and the scope of the work performed to date.
§ 8.8 If the client is in default with a due payment pursuant to the above regulation or if there is a substantial deterioration in its assets then the client reserves the right to request cash payment for still outstanding payments under the lapse of the term of payment before the delivery of the owing services or those of externally delivering third parties.
§ 8.9 Offsetting. The offsetting against disputed counterclaims of the client or counterclaims that have not been declared final and binding is excluded.

§ 9 Provision of agents
intertel undertakes to make sufficient agents available during the opening hours to carry out the orders. The client has no entitlement to a certain number of agents for the implementation of the campaigns, unless there is a contractual regulation to the contrary.

§ 10 Delivery and service deadlines
Delivery and service deadlines are only binding with the explicit written confirmation by intertel. They shall begin at the earliest on the date stated in the order confirmation. If the deadlines are exceeded intertel will only be liable in case of wilful intent or gross negligence. The liability is limited for this case to 10% of the order value.