Service Partners Terms and Conditions

Preamble

Die Get It Done Service GmbH, Jägerstr. 27, 10117 Berlin, registered with the District Court of Charlottenburg under HRB 181944 B, represented by the managing directors Michael Pilzek, Matthias Pfaff (“GID”) offers services and works (“Service Products”) for private and business customers (“Customers”). This is done via a nationwide network (“partner network”) of on-site service partners. The service products are marketed by GID through its own sales channels as well as in cooperation with qualified, trained and state-certified sales partners. GID commissions individual on-site service partners (“Service Partners”) to perform the service products. With the help of the partner network, Get It Done Service GmbH strives to maintain lasting and sustainable partnerships based on integrity, a mutually beneficial business relationship and fair dealings with each other.

With the entry of the service partner into the partner network, he merely declares, in addition to the obligations below, only his fundamental willingness to carry out individual service products to the customer on behalf of GID and at its request. The binding individual contract is only concluded on the basis of this framework agreement.

These General Service Partner Terms and Conditions (“Service Partner GTC”) serve as a set of rules and are binding as soon as they have been accepted by the Service Partner by registering in the Partner Network. These service partners GTC are sent to the service partner by e-mail upon registration and can be viewed on the website at any time.

1 General

(1) The following General Terms and Conditions govern the fundamental relationship between the GID and the Service Partner as a natural or legal person or a legal partnership that, when concluding a legal transaction, is their commercial or independent professional activity (entrepreneur in accordance with Section 14 of the German Civil Code (“Partner”), which subsequently enters into an agreed individual contract with GID to carry out the service products (“Services”) at the customer’s premises or in third-party premises. Performs.

(2) For all services of the partner, the following conditions are subject to additional framework contracts concluded and in particular the provisions of the respective contracts concluded , in particular the specifications of the services therein and the annexes – between the GID and the respective partner.

(3) The regulations regarding the individual order – concluded between the GID and the end customer – are also part of these service partners GTC as far as relevant. Should the rules aim to the contractual relationship between GID and the end customer with regard to the execution of the order and this service
Partner terms and conditions, the rules from the contract relationship apply primarily. In particular, the general terms and conditions applicable between GID and the end customer – available in the current version under https://www.getitdone.co/agb-shopkunden/ – are thus an essential part of these regulations.

(4) GID instructs the Partner to perform the services listed in the Service Description on the basis of these Service Partners GTC. The partner executes orders for customers in their premises or on the premises of third parties. An essential part of the contracts is the absolutely timely provision of the services. Taking into account this requirement and the requirement to guarantee a service that is timely and quality-oriented, subsequent service partners regulate the legal relations between GID and the partners in addition to the provisions of the contract/order.

(5) Under this agreement, the partner is not entitled to the award of binding individual orders.

(6) In relation to the GID, the service partner acts exclusively in his capacity as an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB).

(7) Any general terms and conditions of the service partner do not apply in relation to the GID. This applies without the need for any corresponding notice from the GID.

2 Registration

(1) In order to register as a partner with GID, the service partner must first complete the registration form in full. The form can be made available to the partner via the GID website or completed on the phone by a GID employee.

(2) Once the request has been received, it will undergo an internal review by the GID. GID reserves the right to reject registrations if partners are not qualified to perform the Service Products.

(3) Registration is free of charge.

(4) With the inclusion as a GID Partner to be confirmed by the GID, the Partner agrees to perform services on behalf of and on behalf of GID.

(5) In the course of registration, the partner shall provide the following evidence (as far as relevant):
1. Trade register extract (if available),
2. Business registration and proof of the existence of an up-to-date company liability insurance,
3. Certificate in tax matters. Once the documents have been received in full, the registration will be confirmed by GID by e-mail. Further factual evidence can be requested by the GID at any time.

(6) The partner is obliged to provide the evidence from Section 2 (5) GID annually or semi-annually in current form. The documents can be sent to partner(at)getitdone.co or uploaded to the user account in the GID system (as defined below). If this does not happen, GID reserves the right to deactivate the partner’s account until the relevant proofs have been provided. Exceptions apply only with the approval of GID at least in text form (Section 126b of the German Civil Code).

3 Using the GID system

(1) After confirmed registration, the partner will have access to the GID system under https://partner.getitdone.co (hereinafter referred to as the “GID System”). Through this GID system, the partner receives his orders. The partner undertakes to keep the information in his user account always up-to-date and to register changes immediately in the GID system or to notify GID.

(2) In order to improve the organisation of individual orders by GID, the partner may voluntarily enter the possibility in his calendar in the GID system at which times these orders would like to receive. Without such an entry, the partner will receive proposals for individual orders between Monday and Saturday between 08:00 and 19:00 Central European Time.

3. The partner shall be encouraged to enter its expected availability for the entire calendar month in the GID system on a monthly basis and no later than the second calendar day of each month at 19:00 Central European Time. Based on the records of its availability, GID assigns suggestions for individual orders to the partner. The partner is free to choose how much time he or she gives to the GID.

4 Partner’s activity

(1) In the case of a bet offered by GID, the partner GID will offer the activity by designating all relevant data via the GID system (or in any other appropriate way). The fee and the period of activity are agreed on a contract-by-order basis and are based on the available resources and requirements. A precise description of the activity follows from the individual contracts to be concluded between the parties. The basis of the individual orders to be closed in each case is this
Contract.

(2) This agreement does not include any binding obligation on the part of the parties. If GID is not able to offer the partner a suitable activity, the partner is free to act for other clients. Outside of the agreed activity, there is no mutual entitlement. The partner is free to reject the offer on the conclusion of an individual order at any time.

(3) If the partner accepts the offered individual order, he undertakes to manufacture the work within the agreed time limits. The partner carries out the orders assigned to him on his own responsibility. The partner or his employees are not subject to giD’s right of instruction and management, nor are GID or GID employees authorized to issue instructions to employees of the partner.

(4) The partner may be assigned orders via the GID system, whereby when an order is assigned, he receives a notification alternatively or additionally via one or more of the following other channels: email, telephone, SMS.

(5) After assignment, the partner has a time window set within the GID system (or otherwise a time window of 120 minutes) to accept or reject the individual order. After the deadline has elapsed, the individual order will be offered to the next partner.

(6) The customer may cancel the respective individual order up to 48 hours before the agreed date, whereby GID has committed itself to the customer and therefore has no influence on these cancellations.
In such cases or in other cases, the partner will be notified by GID via the GID system (or in any other appropriate manner) of the individual order, whereby the agreed individual order is then deemed to have been cancelled. If GID terminates, the partner is entitled to demand the agreed remuneration; however, he must be credited with what he saves in expenses as a result of the cancellation of the individual order or which he acquires or maliciously fails to acquire by other use of his labour power. It is assumed that the partner will then be entitled to 5 of the hundred of the agreed remuneration attributable to the unpaid part of the work.

5 Scope of services

(1) The partner shall be responsible for all the services mentioned in the individual order, in the service list or in the service description, together with all the equipment. In addition, the partner undertakes, insofar as it falls within its scope of performance, to provide all services not expressly mentioned, which are indispensable for the proper and quality-compliant performance of the aforementioned services. This includes, in particular, compliance with the generally accepted rules of technology and all relevant legal and official regulations without any restriction on this. The partner is obliged to obtain and obtain all permits and permits necessary for the performance of his performance in good time.

(2) The partner is also obliged to draw up the planning and documentation necessary for the provision of its services, unless these are specified by GID.

6 General contractual obligations of the partner

(1) Execution
When providing the services, the partner must comply with the specified and defined service description or ensure compliance with them. Unless otherwise stated in the service description, including its included facilities, the partner is not entitled to deviate from the specified execution planning. If the partner considers deviations from the defined execution planning to be necessary or reasonable during the realization of its services, he shall inform the GID immediately via the GID system. In so far as the customer agrees, the partner may perform an equivalent service instead of the service described. If in doubt, he has the equivalence of execution under
Confer customer consent.

(2) Duty for cooperation

(a) The parties are obliged to cooperate closely during the implementation of the contract.

(b) The Partner further undertakes to cooperate with all third parties involved in the provision of the service in any way as often and as far as is necessary. Third parties include other giD service partners, logistics companies contracted by GID or other companies and self-employed persons.

(3) Material delivery and storage
All deliveries to the customer or to the place of performance must be coordinated in good time with GID or its employees. Logistics concepts of the GID must be observed in any case and their specifications must be followed.

(4) Employees of the partner

(a) The Partner undertakes, if necessary for the proper and timely provision of the Services, to employ a sufficient number of employees to guarantee compliance with the contractual obligations. The partner ensures compliance with the legal regulations in force at the place of performance, in particular the labour and social law regulations. The Service Partner undertakes to constantly monitor the personnel it provides; the selection and monitoring obligation is solely for the service partner.

(b) The partner shall ensure that all workers employed by him behave in such a way that they do not affect the environment, work or fire protection.

(5) Mandating third parties

(a) The partner is only entitled to commission third parties for the provision of contractually owed services or parts of these services with the consent of the GID (at least in text form (Section 126b of the German Civil Code).

(b) The GID must be made known before the intended assignment of the services as well as the name and address of the intended subcontractor (at least in text form (Section 126b of the German Civil Code). In doing so, the partner undertakes to transfer services only to subcontractors who are knowledgeable, efficient and reliable. This also includes compliance with their legal obligations to pay taxes and social security contributions and to comply with the conditions under trade law. The use of third parties does not release the Partner from its sole obligation to GID to fulfil the contract in full.

(c) The Partner shall be liable to GID and the Customer, together with the third party, as joint and several debtors for all damages incurred as a result of a third party’s commission by the Partner.

(d) The Partner undertakes to maintain professional liability insurance with an appropriate amount of cover for the duration of this Contract.

(6) In order to ensure the quality standards, GID is entitled to supervise the performance of the services (randomly). The GID is entitled to inspect all documents relating to the performance of the services, including all electronically stored data.

(7) The service partner is obliged to act in accordance with the law regarding the order without exception. In particular, the partner assures that there will be no tax or other tax arrears (e.g. concerning its social security obligation) at the time of acceptance of the order.

7 Special contractual obligations of the partner

(1) Price guarantee
If the parties have agreed on a flat-rate remuneration, the partner guarantees that his services can be realised and are provided within the framework of this flat-rate remuneration. With this flat-rate price, all services necessary for the functional and defect-free, timely and ready-to-receive preparation of the order are compensated.

(2) Termingarantee

(A) The partner guarantees the absolute observance of agreed deadlines and deadlines. Such agreed deadlines and deadlines can only be changed by mutual agreement if this is necessary due to the state of development of the project or other circumstances. The partner also guarantees compliance with agreed ly modified deadlines and deadlines.

(b) If there is reason to believe that the Partner’s services cannot be completed at the scheduled dates, or if there have already been delays, the Partner shall in any case inform GID without delay, citing the reasons and proposals on how to ensure the timely completion of the services. This also applies to performance changes or additional services.

(c) If the partner is nevertheless culpably in default with the completion of the services, GID may claim damages and claim a contractual penalty of 0.15 for each case of exceeding each individual date or time limit. Net order total per calendar day of the time limit, but not more than 5 of the net order total. The partner is free to prove that he is not at fault for the time limit and/or that damage has not occurred or has not occurred in the amount of the contractual penalty. Further claims for damages by GID remain unaffected. The penalty is settled on such claims for damages.

(d) The partner may rely on a lack of fault only if he has indicated a disability, unless the disability is obvious. The partner himself must ensure a timely arrival at the place of execution, taking into account the current traffic situation. The parties therefore agree that the late arrival of the partner at the place of execution due to traffic obstructions is the fault of the partner.

(3) Reservation for change/additional benefits

(a) If the GID requests changes or additions to the partner’s services and, in the partner’s opinion, leads to additional costs, the GID must inform the GID immediately in writing and detail the amount of the additional expenses to be expected. Break down. The notification must be made via the GID system. Only if GID nevertheless requires the implementation of such instructions, these additional benefits must be performed and only then the partner is entitled to the additional remuneration.

(b) If the customer of giD is required to perform changes or additional services directly from the partner, the partner is obliged in any case to inform the GID immediately. The partner is not entitled to perform such services without a written declaration of approval from GID. If the Partner nevertheless performs such services without a declaration of release from giD, there is no claim for remuneration and the Partner is obliged to reimburse the GID for any additional expenses incurred as a result. Shares the partner
Delays due to a change in performance or additional services at the latest upon presentation of his performance change or additional offer, an extension of the contractually agreed execution time due to the change in performance or the additional benefit, unless the necessity of the service is obvious.

(4) Due diligence

(a) If, in connection with the provision of its services, the Partner is entrusted with goods or goods (documents, exhibits, vehicles, tools, software, etc.) owned by GID or other third parties, the Partner shall be subject to particularly careful and care treatment. Unless otherwise stipulated in the order, the partner shall be liable for damages and/or losses resulting from the culpable breach of this duty of care.

(b) Any damage and/or loss to these items and goods shall be reported by the partner of the GID immediately under the description of the cause of the damage. The partner is obliged to carry out all participation actions necessary in order to realize insurance claims in this regard, if necessary.

(c) Insofar as the Partner accepts objects or goods (documents, exhibits, vehicles, tools, software, etc.) in particular from third parties owned by the GIDs or other third parties and on the scope of the existing scope of services (e.g. material list) the partner assumes this in personal care and is liable for damages and/or losses resulting from the culpable breach of this duty of care. The Partner is obligated to release all objects or goods owned by GID or third parties immediately after termination of this agreement.

8 Decrease

(1) Takeovers shall take place only after full performance of the contractual services. Any acceptance shall be made formally; Tacit acceptances, e.g. by commissioning, are excluded. Acceptance is made by the customer.

2. At each acceptance, a corresponding acceptance protocol (order receipt) shall be signed digitally via the GID system or in paper form. The customer refuses to accept the partner GID about it
To inform immediately.

3. Defects identified or subsequently found at the time of acceptance shall be rectified or rectify without delay by the partner, provided that he is responsible for them. The partner bears the expense and any additional costs for the elimination of the defects.

(4) The acceptance log must be uploaded by photo in the GID system. It can also be sent by email to the GID with the respective order number. In exceptional cases, it can also be sent to the GID by post (then only by registered mail with return receipt or similar). Acceptance protocols cannot be submitted to GID via FAX.

9 Set-off / retention

A set-off or the assertion of a right of retention by the partner can only take place with undisputed, legally established or decision-making claims against the GID. This does not apply to the extent that the claim originates from the same contractual relationship against which it is to be offset.

10 Compensation

(1) Unless otherwise agreed in the respective individual order, all other costs and ancillary costs, such as costs of planning and preparation of other documents, communication costs, travel costs, etc., are compensated with the agreed remuneration.

(2) In no case may the partner accept the work wage/remuneration agreed between the GID and the customer.

(3) Unless otherwise agreed between The Partner and GID, the remuneration is due for payment with a period of 14 days from receipt of the corresponding invoice of the Partner to GID. The partner then receives – after a corresponding invoicing of the partner to GID – usually a credit from the GID for the sum of all services provided by him in the respective invoice period via the GID system or otherwise at least in text form (Section 126b of the German Civil Code). GID reserves the right to adjust the payment intervals, but will inform the partner of any changes in a timely manner.

11 performance goals

All partners of GID should achieve the following performance goals. Failure to achieve these goals can have a negative impact on the number of orders that GID offers to the partner and/or cause the partner account to be deactivated (temporarily). If the objectives are repeatedly not met, GID is still entitled to terminate this cooperation.

(a) Partner cancellation rate (target: 5 or less)
The cancellation rate reflects, in percentage terms, how many orders have been canceled by the partner. All cancellations that are initiated by the partner play a role in the calculation. The calculation does not include such cancellations initiated by the customer or beyond the partner’s control. This calculation is continuously based on the last 30 days.

(b) Partner rescheduling rate (target: 10 or less)
The partner rescheduling rate reflects in percentage terms how many orders have been rescheduled by the partner and this was not due to a customer request or problems with product delivery. This calculation is continuously based on the last 30 days.

(c) Deletion rate (target: 5 or less)
The delay rate reflects in percentage terms how many orders started outside the start time agreed with the customer. Details can be found in the GID Wiki and in these service partners. This calculation is continuously based on the last 30 days.

(D) Late order processing (target: 2 or less)
This includes how many orders were marked as “fulfilled” only 24 hours after the service was provided by the partner in the GID system. This calculation is continuously based on the last 30 days.

(e) Negative feedback rate (target: 5 or less)
The negative feedback rate reflects in percentage terms how many orders were rated by the customer with 1 or 2 stars out of 5 possible. GID reserves the right to subject partner accounts with a higher negative feedback rate than 5 to an internal investigation. This calculation is continuously based on the last 30 days.

(f) Customer rating (target: 4.7 stars or higher)
This includes the average customer rating after completing an order on the GID platforms. The reviews can be viewed by any partner in their account at any time. This calculation is based on the last 30 days.

(g) Perfect order rate (target: 95 and above)
The perfect order rate reflects in percentage terms how many orders were fulfilled by the partner without any complaints from the customer. This calculation is based on the last 30 days.

12 Liability of GID

(1) GID is only liable for wilful intent or gross negligence subject to the following reservation. This does not apply to

  • Damage resulting from injury to life, body or health;
  • damages resulting from a breach of duty on the part of the GID with regard to essential contractual rights and obligations which are indispensable for the proper execution of the contract, thereby jeopardising the achievement of the purpose of the contract; in this case, liability is limited to damage typical of the contract and foreseeable;
  • liability under mandatory law, such as the Product Liability Act;
  • liability in the event of the assumption of a guarantee.

(2) The above limitations of liability in Section 12 (1) also apply to legal representatives or vicarious agents of GID.

13 Confidentiality

(1) The partner undertakes to use the data and documents provided to him exclusively for the provision of the services as well as for the provision of any own, mandatory-statutory documentation obligations. The Partner undertakes to maintain confidentiality regarding all information or transactions that have become known as a result of the business relationship between the parties and the provision of the services, as well as all documents received. This also applies to all other internal affairs of the contracting parties or other third parties involved. Any transfer of documents or data, in whatever form, is only permitted with the written consent of the GID.

(2) The partner is obliged to maintain strict secrecy about all information or transactions that have become known in connection with the provision of the services. This applies in particular, but not exclusively, to developments, ideas, offer contents, customer data, sources of purchase and conditions.

(3) The partner may only distribute or release public statements regarding the activity for the GID and in particular on the provision of the services with the express consent of the GID (at least in text form (Section 126b BGB). The partner is only entitled to point out his services for the GID within the scope of its own public relations work with the express consent of the GID (at least in text form (Section 126b Of the German Civil Code).

4. In any event of a culpable infringement of this declaration of confidentiality, the Partner shall promise a contractual penalty, the amount of which shall be placed at the reasonable discretion of the GID and, in the event of a dispute, shall be checked by the competent court for its appropriateness. The assertion of further damages remains unaffected by this.

(5) Any breach of the obligation of confidentiality justifies the termination of the contractual relationship without notice by the GID.

14 Data protection

When handling personal data, the partner or GID observes the legal regulations on data protection.

15 Customer protection clause

(1) The Partner undertakes to protect the giD and refrains from any direct or indirect competition with respect to the customer of GID, for whom the contractual services are ultimately to be provided, for the duration of the contractual and up to 2 years after the termination of the contractual relationship. This includes, in particular, the partner’s obligation not to enter into agreements with the customer without informing GID of the service to be provided or beyond. Furthermore, the partner undertakes not to instide the customer to break the contract and refrains from any actions that could result from this.

(2) The partner also fails to recruit GID employees.

3. In any event of a culpable infringement of this customer protection clause, the Partner shall promise a contractual penalty the amount of which shall be placed at the reasonable discretion of the GID and, in the event of a dispute, shall be checked by the competent court for its appropriateness. The assertion of further damages remains unaffected by this.

(4) In the event of a breach of this customer protection clause, this contract may terminate exceptionally, without observance of a notice period.

16 Termination

(1) The parties may terminate this contract or the partner of each individual order at any time with a notice period of 2 weeks at the end of the month. GID may terminate any individual order with a period of 48 hours before the agreed date, the rule of Section 4 (6) being applicable. However, a termination of the partner within the meaning of Section 643 of the German Civil Code (BGB) is excluded, provided that this is not unreasonable in individual cases. The right of the parties to terminate the contract for good cause remains unaffected.

(2) The cancellation requires the text form (§ 126b BGB) and should be made by email or via the GID system.

(3) In the event of termination of the contract, the partner shall only be entitled to remuneration for the services actually rendered up to the termination of the contract. The parties expressly state that a claim to remuneration for undisused performance and/or loss of profit is not due. In particular, the partner is not entitled to commission further individual orders or related services.

17 Final provisions

(1) These terms and conditions shall prevail over all legal relationships between the GID and the partner, irrespective of whether such a reference is made to subsequent agreements in individual cases.

(2) The place of performance and place of jurisdiction for all disputes arising from the contractual relationship shall be the registered office of the GID, insofar as the partner is a merchant, a legal entity under public law or a special fund under public law, or in so far as the partner has a registered office abroad. German law decides on the contractual relationship to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

(3) Should any provision of this contract be or become invalid, this shall not affect the validity of the other provisions of this contract. The invalid provision is replaced by a legally permissible provision that comes as close as possible to the meaning and purpose of the invalid provision.

Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:

Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die du unter https://ec.europa.eu/consumers/odr findest. Zur Teilnahme an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle sind wir nicht verpflichtet und nicht bereit.