Terms and Conditions Sicherheitsdienst One eK
- General service execution
For the execution of the security service, only the written security contract agreed between the client and the contractor is authoritative; the contractor’s security employees are neither authorized nor authorized to receive.
- Occupation / Instruction
In individual cases, the execution of the security service is governed solely by the written instructions / instructions. It contains, in accordance with the instructions of the contracting authority, the details of the tours, checks and other services which must be carried out. Amendments and additions to the instructions / instruction must be agreed in writing.
The keys required for the guarding are to be provided by the client on time and free of charge. Liable for key losses and intentional, negligent or caused by the security personnel key damages is not the watchkeeper.
Complaints of any kind relating to the execution of the security service or other irregularities must be reported in writing to the management of the watch company immediately in writing. In case of timely notification, rights arising from such complaints can not be asserted. Repeated, even gross violations in the execution of the security service entitle only to the immediate solution of the guard contract, if the security company after two written notice does not provide a timely remedy.
- Duration of the contract
The security contract runs, unless otherwise agreed in writing, for one year. If he is not terminated three months before the end of the contract period, the contract period is automatically extended by one more year.
- Execution by other security companies
Security One eK is entitled to use its obligations to other reliable security companies.
- Interruption of the watch
In case of war or strike in case of riots and other cases of force majeure, Sicherheitsdienst One eK can interrupt the security service, as far as its execution is impossible, or change its purpose. In case of interruption, Sicherheitsdienst One eK is obliged to reduce the security fees according to the approximately saved wages for the duration of the interruption.
- Delay / premature termination of contract
In the case of the client’s relocation and sale or other abandonment of the security object, Sicherheitsdienst One eK generally agrees to an early termination of the contract if the business or legal successor of the client enters the security contract or, as the case may be, transfers the guard to a new one Guard object of the client is possible. If Sicherheitsdienst One eK has to give up or change the guard area for economic or other reasons, it is entitled to early termination of the contract with a notice period of one month. Sicherheitsdienst One eK is, however, obliged to arrange for its possible to ensure the guarding by another suitable security guard. In the event of default of payment by the client, Sicherheitsdienst One eK shall be entitled, without prejudice to any further rights, to withhold, in whole or in part, the further service; Sicherheitsdienst One eK can make the future performance – continuation and / or resumption of the service – dependent on advance payments of the client for the next temporal settlement section of the services to be provided in case of default. In any case, the Sicherheitsdienst One eK has the decision to inform the client or one of its representatives. In the event of the service being withheld, Security Service may demand compensation from Sicherheitsdienst One eK for the duration of 10% of the average remuneration paid for the service discontinued during such period. The assertion of further damage is reserved to Sicherheitsdienst One eK; it is reserved for the client; to prove that Sicherheitsdienst One eK damage did not occur at all or not in the aforementioned amount. Regardless of the agreed contract period, there is the possibility of termination without notice for good cause. Such is the case especially in the following cases:
- for Sicherheitsdienst One eK, if the client is in default of more than two weeks with the payment of a monthly invoice amount or an amount corresponding to a monthly invoice amount;
- for both parties in the event of cancellation or substantial restriction of insurance coverage;
- for the client in the event of material breach of contract by Sicherheitsdienst One eK if, despite two written complaints to the management of Sicherheitsdienst One eK, these are not remedied within a reasonable deadline;
- for both contracting parties if the other contracting party is insolvent, the opening of insolvency or settlement proceedings has been requested or if such an application is pending after publication of the media.
In the event of the client’s death, the legal successor enters into the security contract, unless the purpose of the security was primarily to protect personal interests, in particular the protection of the client’s client. By the death or other legal succession of the security service One eK the contract is not affected.
- Commercial protection
The client may not himself, for the duration of the contract and one year after the expiry of the security guard One eK. If he violates this agreement, he is obliged to pay the tenfold monthly fee as a contractual penalty to Sicherheitsdienst One eK.
- Liability insurance
15.1. Sicherheitsdienst One eK maintains a public liability insurance.
15.2. Insofar as the customer later considers higher than the coverage amounts specified in section 8.1 to be necessary, the company Sicherheitsdienst One eK will inform; Security Service One eK will agree to increase the insurable sums of coverage, if necessary, in return for an increase in the fee. Otherwise, the damage exceeding the agreed sums will be covered by the client.
15.3. The existing insurance contract of Sicherheitsdienst One eK pursuant to § 6 of the Security Regulations is based on the General Liability Insurance Conditions (AHB) and the conditions for the liability insurance of security companies without restriction. Excluded from this insurance cover are, in particular, damages that are not related to the actual contractually agreed security service, such as: As the assumption of Streupflicht in black ice, the operation of sun protection devices or the operation and care of machines, boilers, heaters, electrical or similar equipment.
15.4. According to the company Sicherheitsdienst One eK and its public liability insurer valid insurance conditions is a liability of Sicherheitsdienst One eK in cases of force majeure and for damages directly or indirectly to war, other hostilities, terror, riots, civil unrest, strike, natural disasters or directly sovereign / administrative decision or measures, excluded. Insofar as the insurer of Sicherheitsdienst One eK declares an additional disclaimer, Sicherheitsdienst One eK is entitled to negotiate with the customer about its inclusion in the contractual relationship. If an agreement is not reached, then Sicherheitsdienst One eK is entitled to terminate the contractual relationship within two weeks even during the contract period.
15.5. Should Sicherheitsdienst One eK be denied coverage on the basis of circumstances for which the Customer is responsible, this shall not apply to any liability of Security Service One eK in the amount in which, in the event of proper conduct of insurance, protection would have been granted.
15.6. The client is expressly advised that Sicherheitsdienst One eK, as the policyholder, has to fulfill AHB’s obligations in writing, in particular to inform the insurer without delay, at the latest within one week of becoming aware of the possibility of the knowledge name (§ 5.2 AHB ). Security service On the basis of the existing insurance, Sicherheitsdienst One eK is obliged to assert the claim by the insurer within six months if the claim settlement / cover note is rejected (§10 AHB).
Liability and assertion of liability claims
16.1. Sicherheitsdienst One eK is liable according to the legal regulations, if a damage by intention or gross negligence has been caused by itself, its legal representatives or vicarious agents. In the event of a breach of essential contractual obligations caused by negligence, the liability shall be limited to typical and foreseeable damage in comparable transactions of this type. The liability of Security Service One eK for property damage and property damage culpably caused by itself, its legal representatives or vicarious agents as a result of slight negligence, is limited to the sums listed in Section 11.1. Legal liability for culpable injury to life, body or health remains unaffected; this also applies to the eventual, mandatory liability under the Product Liability Act.
16.2. Further liability for damages as provided for in Section 9.1 is excluded, regardless of the legal nature of the claim asserted. In cases described in paragraphs 11.2 and 11.3 a claim of Sicherheitsdienst One eK is excluded.
16.3. In the event of a claim, the client will report the damage to the management of Sicherheitsdienst One eK without delay in writing, in urgent cases in advance by telephone. The client is also obliged to give Sicherheitsdienst One eK the opportunity to make any necessary findings on the cause of the damage, the nature of the damage and the extent of the damage itself or by agents.
16.4. Claims for damages must be made in writing to Sicherheitsdienst One eK within a period of four weeks after the claimant, his legal representatives or vicarious agents have become aware of the damaging event. If the amount of the damage can not yet be determined within this period of time, then it is sufficient, but also necessary, that the damage is to be asserted basically, are excluded.
16.5. Upon notification of the rejection of the claims settlement by the insurer of Security Service One eK, Security Service One eK will assert the customer its claim against Sicherheitsdienst One eK within the time limits established by the AHB (§ 19 AHB); otherwise, the further assertion of claims for damages by the client to Sicherheitsdienst One eK expired on expiry of the period.
proof of liability
Sicherheitsdienst One eK is obliged to take out liability insurance within the framework of the assumed liability, the limit of which is given in point 11. The client may request proof of the conclusion of such insurance.
The activities to be performed under this contract are services of Sicherheitsdienst One eK, which these vicarious agents use, and not a temporary employment agency of 07.08.1972. The selection of the personnel employed by Sicherheitsdienst One eK and the right to give instructions to the latter are except in the case of imminent danger at Sicherheitsdienst One eK. The staff is serving in uniform. The client will not turn to the staff with any complaints, but only to the Sicherheitsdienst One eK management. Unless otherwise agreed in the guarding contract, Security One One’s staff will provide their service uniforms.
In the case of collective wage increases and increases in social security contributions during the contract period, the security fee increases by the same percentage, and if the wages decrease, the security fee is correspondingly reduced.
Privacy / Confidentiality
The provisions of the Federal Data Protection Act (BDSG), in particular §§ 27 et seq. BDSG for non-public bodies in its currently valid version, apply to data protection. In this connection, it is expressly pointed out that Sicherheitsdienst One eK in its affiliated company will collect, store, process and use the data received in connection with the contractual relationship in compliance with the BDSG, insofar as this is necessary for the proper execution of the contract or due to legal requirements is required. This also includes forwarding the data to third parties who have been commissioned by Sicherheitsdienst One eK to provide services in connection with the fulfillment of the contract. The client will also comply with the data protection regulations relating to Sicherheitsdienst One eK and its employees. § 5 BDSG (data secrecy) applies. All personal information will be treated confidentially. In addition, the contracting parties undertake not to disclose confidential information that is made known to you exclusively by the other contracting party as part of the fulfillment of the contract via its business operations, or otherwise make it accessible to unauthorized third parties.
Start of contract, contract changes
The security contract is binding for Sicherheitsdienst One eK from the time the orderer receives the written order confirmation. Changes to the security contract must be in writing.
Place of fulfillment
Place of fulfillment and jurisdiction are, unless otherwise agreed, the seat of the management of the Sicherheitsdienst One eK.