Legal framework for cooperation with DiNC-POSiTiVE e. K.
These General Terms and Conditions (GTC) apply to all contracts, deliveries and services between DiNC-POSiTiVE e. K., Mathildenstr. 22, 58507 Lüdenscheid, Germany (hereinafter referred to as “DiNC-POSiTiVE”) and its customers.
They apply in particular to services in the areas of Engineering Services, Consulting & Interim Management, Recruiting & Contracting, as well as Expert and Appraisal Services.
Deviating or supplementary terms and conditions of the customer shall only become part of the contract if expressly confirmed in writing by DiNC-POSiTiVE.
Offers made by DiNC-POSiTiVE are subject to change and non-binding unless expressly marked as binding.
A contract shall only be concluded upon written order confirmation, contract signature or by commencement of service delivery by DiNC-POSiTiVE.
The specific scope of services results from the respective offer, contract or service description.
Unless expressly agreed otherwise, DiNC-POSiTiVE owes a service activity, not a specific economic or technical success.
Any changes or extensions of the scope of services require written agreement.
Engineering, consulting and interim services are provided in accordance with the state of the art and recognized professional standards.
DiNC-POSiTiVE performs its services independently and on its own responsibility. Integration into the customer's organizational structure does not take place unless expressly agreed.
The customer shall provide all information, documents and access required for service delivery in a timely manner.
DiNC-POSiTiVE supports customers in the placement of specialists and executives as well as in project-based staffing.
There is no entitlement to successful placement unless expressly agreed.
The final selection and hiring decision lies solely with the customer. DiNC-POSiTiVE assumes no liability for the performance or conduct of placed candidates.
Expert opinions and appraisal services are prepared independently, neutrally and to the best of knowledge and belief.
They are intended exclusively for the purpose defined in the respective assignment. Any disclosure to third parties or use for other purposes requires prior written consent from DiNC-POSiTiVE.
Expert reports constitute technical assessments and do not replace legal evaluations.
Remuneration is based on the agreed offer or contract.
Unless otherwise agreed, invoices are payable within 14 days from the invoice date without deduction.
In the event of late payment, DiNC-POSiTiVE is entitled to charge statutory default interest.
The customer undertakes to provide all information required for service delivery completely and correctly.
Delays or additional expenses resulting from insufficient cooperation shall be borne by the customer.
DiNC-POSiTiVE shall be liable without limitation in cases of intent and gross negligence, as well as for injury to life, body or health.
In cases of slight negligence, DiNC-POSiTiVE shall only be liable for breach of essential contractual obligations and limited to the foreseeable, typical damage.
Any further liability is excluded to the extent permitted by law.
Both parties undertake to treat all confidential information obtained in the course of cooperation as strictly confidential.
This obligation shall continue to apply after termination of the contractual relationship.
DiNC-POSiTiVE processes personal data exclusively in compliance with applicable data protection laws.
Further information can be found in the privacy policy published on the website.
The laws of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
For merchants, the place of jurisdiction shall be Lüdenscheid, Germany.
Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.
