1. Scope of Application
(1) These Terms and Conditions (T&C) apply to all contracts, deliveries and other services of X Wache GmbH (hereinafter referred to as “Contractor”) towards its clients.
(2) Any deviating, conflicting or supplementary terms and conditions of the client shall only become part of the contract if the Contractor expressly agrees to their validity.
2. Subject Matter of the Contract
(1) The client commissions the Contractor to provide security services in accordance with the agreed service descriptions.
(2) Security services include in particular:
- Property protection and property surveillance
- Personal protection
- Control and patrol rounds
- Access control
- Alarm monitoring and intervention services
- Industrial security
- Security consulting
- Event security
(3) The security industry is a trade requiring a permit pursuant to Section 34a of the German Industrial Code (GewO).
3. Duties of the Contractor
(1) The Contractor undertakes to properly perform the agreed security services.
(2) The Contractor provides qualified, reliable personnel who have been screened in accordance with legal regulations.
(3) The Contractor is solely responsible for compliance with all legal, official, social, labor, collective bargaining and professional association obligations towards its employees.
(4) The selection of personnel to be deployed and the right of direction lie with the Contractor – except in cases of imminent danger.
(5) The Contractor is entitled to use suitable subcontractors to fulfill its obligations, provided they hold the required trade license pursuant to Section 34a GewO.
4. Duties of the Client
(1) The client shall provide the Contractor with all necessary information and documents relevant to the execution of the security services.
(2) The client shall grant the Contractor access to the relevant premises.
(3) The keys required for the service shall be provided by the client in a timely manner and free of charge.
(4) The client shall provide the Contractor with the addresses that can be contacted by telephone at night in the event of a threat to the property. The Contractor must be notified immediately of any changes to addresses.
(5) The Contractor is liable for loss of keys and for keys damaged intentionally or negligently by the service personnel within the scope of the liability provisions (Section 9).
5. Remuneration
(1) The remuneration for the security services provided shall be calculated in accordance with the agreed terms.
(2) This includes in particular the agreed hourly rate, additional costs for specific security measures and any expenses and travel costs.
(3) Unless otherwise agreed, the fee is due for payment immediately after invoicing.
(4) In the event of default in payment, the Contractor is entitled to charge default interest at the statutory rate.
6. Contract Duration and Termination
(1) The contract comes into effect upon the Contractor’s order confirmation.
(2) Unless otherwise agreed, the contract is concluded for an indefinite period and may be terminated by either party with one month’s notice to the end of the month.
(3) The right to extraordinary termination for good cause remains unaffected.
7. Complaints
(1) Any complaints relating to the performance of the service shall be reported immediately to the Contractor’s management upon discovery.
(2) Repeated or gross violations in the performance of the service shall only entitle the client to terminate the contract without notice if the Contractor does not remedy the situation within a reasonable period – no later than one month – after notification, insofar as this is possible and reasonable.
8. Duty of Confidentiality
(1) The Contractor undertakes to treat all information collected in the course of providing the security services as confidential.
(2) The Contractor shall obligate its employees to comply with the statutory data protection regulations.
9. Liability and Limitation of Liability
(1) The Contractor is liable for personal injury and property damage caused during or in connection with the provision of the agreed service by the Contractor’s personnel through gross negligence or intent.
(2) The Contractor’s liability for property damage and financial loss is limited in cases of slight negligence to the typical and foreseeable damage for comparable transactions of this type.
(3) The Contractor is not liable for consequential damages, in particular not for lost profits, loss of earnings, production downtimes or data loss.
(4) The Contractor is not liable for damages caused by force majeure, in particular not for damages caused by acts of war, terrorist acts, natural disasters, strikes, pandemics and other cases of force majeure.
(5) Claims for damages must be asserted against the Contractor within a limitation period of three months after the entitled party becomes aware of the damaging event.
(6) The Contractor is obliged to take out adequate liability insurance and maintain it for the duration of the contract.
10. Data Protection
(1) The Contractor undertakes to comply with all applicable data protection regulations, in particular the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).
(2) Personal data will only be processed in accordance with legal regulations and for the purpose of fulfilling the contract.
11. Severability Clause
(1) Should individual provisions of these T&C be or become invalid, this shall not affect the validity of the remaining provisions.
(2) The invalid provision shall be replaced by a valid regulation that comes closest to the economic purpose of the invalid provision.
12. Place of Jurisdiction and Applicable Law
(1) The contract is governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) For disputes arising from or in connection with this contract, the exclusive place of jurisdiction shall be the registered office of the Contractor, provided that the client is a merchant.