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The „General Terms of Business“ is the integral component of orders in entire service range
and valid unless otherwise agreed. Should single provisions of Terms of Business
become void, this will not influence the effectiveness of remaining
provisions.
Rights and obligations of SECO Security
& Consulting by Gerhard Unger GmbH
SECO Security & Consulting by Gerhard Unger GmbH (briefly
SECO) is obliged to
provide services within the framework of valid provisions for the security
and business consultancy sector. SECO is liable for the
appropriate accomplishment of the contract, however, excluding any success
liability, in particular because results of surveillance or investigations
can neither be anticipated nor guaranteed. Assignment of staff, vehicle and
material efforts as well as methods of execution of contract stay
alone under professional discretion of SECO.
SECO is entitled to execute
the contract or its parts through cooperation partners.
SECO and
its cooperation partners are obliged to keep silence about all matters
that will become common in connection with their activity for the client. Only the client
itself can release SECO or its cooperation partner from this non-disclosure obligation. Reports, expert assessments and other written
statements on results of conducted activity can only be handed over to third
parties upon explicit consent of the client. The non-disclosure obligation is
also valid for the time after finalisation of the contract, exception are
only the cases with legal duty of the information disclosure.
SECO is entitled to process
entrusted personal data within the assigned purpose of the contract or have
it processed through third parties. In doing so,
SECO ensures data protection in compliance with
provisions of DSG 2000.
Rights and obligations of the client
During
execution of the contract at immediate place of business of the
client, the latter must provide for possibly undisturbed organisational
framework conditions that will benefit to quicker progress of activity and
make sure that any for the fulfilment of the contract necessary documentation
is timely provided without additional request, as well as proceedings,
information and circumstances that are relevant for the execution of the
contract are supplemented. This also concerns all documentation, proceedings
and circumstances that will become known while activity is already in
process. Further the client must fulfil all applicable legally designated
information duties.
Prepared offers, reports,
analyses, expert opinions and such may only be used by the client for the
contract purposes, in particular handling over of these documentation
to third parties demands explicit written authorisation of SECO.
Remuneration
For
the fulfilment of the contract
SECO is entitled to remuneration from the client.
Unless flat fee is negotiated, to settlement come in compliance with the
valid price scale and relevant for the contract: incurred staff and material
efforts, in particular: studying of records, negotiations, preparation of
mission, travel expenses, conduction of investigations and surveillance
including preparation arrangements (study of surroundings), technical input,
maintenance, reporting, evaluation of video, photo and audio documentation,
operation of technical equipment, communication costs abroad, travel and
accommodation expenses as well as other actual outlays of any kind.
Should after the placement of order
come to full or partial cancellation of the contract through the client,
agreed remuneration remains due to full extent unless cancellation fees have been
negotiated prior in written, or SECO explicitly refrains from its remuneration.
If nothing else is agreed, the client must also constantly conduct payments
on account.
SECO is authorised to make accomplishment of contract dependent on complete
settlement of its remuneration claims. Reclamation of services from SECO does
not entitle to delay of outstanding remuneration payments.
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