General Terms and Conditions, Terms of Service & Terms of Payment (GTC)
I. Scope
- Our General Terms and Conditions apply to all contractual relationships between HinSchG Meldungen GbR (provider) and the users (customer).
- Our services are aimed exclusively at commercial customers. Consumers are not permitted to use our services.
- Our General Terms and Conditions as a provider apply exclusively; conflicting or deviating terms and conditions of the customer are not recognized unless we have expressly agreed to their validity. Our General Terms and Conditions also apply if we are aware of conflicting or
deviating conditions of the user, the contractual services without reservation
carry out.
II. Performance and scope of services
- Our service consists in providing an “internal reporting point” via a secure and
user-friendly online portal in accordance with the Whistleblower Protection Act (HinSchG). - Our web-based service for outsourcing the internal whistleblower office includes the establishment and operation of the reporting office, including its legally compliant support, documentation and storage of incoming reports and uploaded documents, confidential and neutral processing of incoming reports and the creation of
Guidelines and policies via a German server location. Our "Platform as a Service (PaaS)" service includes the setup and maintenance of a company-owned platform under a dedicated subdomain for the customer to use, internally record, and process any potential information. - The portal booked by the customer is available for use 24 hours a day (24/7). To ensure the service, we reserve the right to interrupt the service for maintenance, system updates or other
The customer will be informed in advance of any interruptions, provided they extend beyond a short, insignificant period of interruption that only marginally restricts usability and functionality.
II. User account
1. Our service is only available to registered users
Therefore, the customer must create a user account before
Booking of a service is required. The customer is obliged to
the data and information required to create the account is complete and
to provide truthful information.
2. The customer is responsible for confidential and secure
The user is obliged to keep his/her access data safe.
which meets the highest possible security requirements of our
online portal. In case of suspected misuse of the
own access data, the user account and the data stored here and
Information The customer is obliged to inform us immediately about this in
to be informed in writing.
3. The purchaser is obliged to transfer and/or provide his
Transferring user accounts to third parties or reselling your account is not permitted. Terms and Conditions
HinSchG 2
4. The user account can be deleted at any time via the
our internet portal (www.hinschg-meldungen.de) available
Account deletion function or by contacting us directly as the provider
possible.
5. In the event of gross breach of contract by the customer
We are entitled to block and/or delete the user account. A gross
Breach of contract occurs in particular when
- the strong suspicion of misuse,
in particular criminal acts when using the service by the customer or
due to the purchaser’s careless handling of his
Access data
- Violations in the use of the service by the customer
against legal provisions or regulations
- Endangering other users and/or third parties including
their ownership by the purchaser;
The justified blocking or deletion of the user account from
Reasons for which the customer is responsible do not release him from the obligation to
Payment of agreed fees and/or prices at least until the end of the
the applicable regular notice period for the booked package.
III. Conclusion of contract and provision of services
1.
Orders for the service are made via
our internet portal at www.hinschg-medlungen.de. By placing the order
A binding contract offer is made. The contract for the selected
The service package is concluded with our order confirmation.
2. The contract for our service is concluded accordingly
of the selected service package with the selected term.
Services that go beyond the contents of the respective package require the
separate agreement at least in text form.
3. The agreed service will be provided in accordance with the
contractual agreement at the start of the contract to the customer
placed.
IV. Prices and payment terms
1. The prices displayed for the service packages are
Net prices and refer to one month of service.
During the ordering process, transparent information is provided about the scope of the
Service package, the term and the resulting costs incurred by the customer
monthly remuneration as well as any additional costs and taxes.
2. The prices agreed in the contract shall be decisive
3. The agreed remuneration including the respective
The applicable VAT is to be paid monthly in advance, at the
Due date, to pay us. Payment can be processed via
SEPA direct debit or after invoice issuance by transfer to the account
of the provider at the due date.
4. In case of payment processing via a
SEPA direct debit mandate, the customer has to bear the costs of a chargeback due to
insufficient funds in the account or errors in the data transmission of its
Furthermore, we are entitled in this case to
flat-rate compensation of 10 euros per direct debit in AGB HinSchG 3
The purchaser retains the right to provide proof
subject to the possibility that no damage has occurred or not occurred in the amount of the lump sum
is.
5. An increase in prices during the term of the
The price adjustment will be communicated to the customer at least
two months in advance. The customer may object to the price increase
within four weeks in writing and terminate the contract
The objection to a price adjustment is deemed
as termination of the contract.
6. Set-off against counterclaims by the
Purchaser is excluded unless it is a legally binding
counterclaims that have been established or not disputed by us.
Right of retention is also excluded unless the
The customer’s counterclaim arises from the same contractual relationship and is
undisputed or legally established.
V. Contract term and termination
1. The contract comes into effect with the agreed term
The minimum contract term is twelve months.
2. After expiry of the agreed term,
The contract is for an indefinite period, unless the contract is terminated at the latest
month before the end of the initial term. For an indefinite term and
After the initial term has expired, the notice period for both parties is
one month to the end of the month.
3. The customer can terminate the contract via the
functions provided on our Internet platform, or via
Mail or other declaration at least in text form to the other
party.
4. The right to extraordinary termination remains unaffected
An extraordinary termination by us as provider is
particularly possible in the event of breach of contract by the customer,
in particular in the event of late payment of the remuneration for at least
two contract months.
5. All payments received during the contract period,
collected and stored data as well as documents of the customer
The internal reporting point provided will be notified to us one month after
Termination of the contract. The customer has the option of
detailed report of the managed information until the data is deleted
to download.
VI. Liability
1.
Our liability for contractual
Breach of duty and tort is based on intent and gross negligence
and to compensation for damages typically incurred. This applies
not in case of injury to life, body or health of the customer, as well as for
Claims for damages due to the breach of cardinal duties, i.e.
Obligations arising from the nature of the contract and in whose
Infringement endangers the achievement of the purpose of the contract, as well as the replacement
of damages caused by delay (§ 286 BGB). In this respect, we are liable for any degree of
As far as damages are concerned that do not result from the violation of
Life, body and health of the customer, we are only liable for the
typically occurring damage.
1.
The above disclaimer applies
also for slightly negligent breaches of duty by our
vicarious agents.
General Terms and Conditions HinSchG 4
1.
To the extent that liability for damages not attributable to
resulting from injury to life, body or health, for minor
Negligence is not excluded, such claims become time-barred
within one year from the date the claim arises.
4. Insofar as liability for damages towards us
is excluded or restricted, this also applies with regard to the
personal liability for damages of our employees, workers,
Employees, representatives and vicarious agents.
VII. Limitation of own claims
Our claims for payment are subject to a limitation period in deviation from Section 195
BGB in 5 years. Regarding the start of the limitation period, Section 199 BGB applies.
VIII. Form of declarations
Legally relevant declarations and notifications that the customer
to us as the provider or to a third party, as far as
in these Terms and Conditions or not otherwise regulated by law, at least the
Text form.
IX. Place of Performance/Choice of Law/Place of Jurisdiction
1.
Unless otherwise stated in the contract
agreed, the place of performance and payment is our registered office.
1.
The law of the Federal Republic of Germany applies
Germany.
1.
The exclusive place of jurisdiction is the
The court responsible for our registered office shall be the competent court. In all other respects, the statutory
Rules on jurisdiction.