Terms and Conditions

TERMS AND CONDITIONS

 

TERMS AND CONDITIONS
OF THE SERVICES STARTER and PROFESSIONAL
OF ECO-EXPORT

§ 1   Applicability
Services and other offers provided by ECO-EXPORT shall be carried out exclusively on the basis of these Terms and Conditions. ECO-EXPORT shall not accept any conditions which conflict with or deviate from the following Terms and Conditions, or counter-confirmations from parties referring to their General Terms and Conditions.

§ 2   Objectives
ECO-EXPORT wants to provide the company placing an order with ECO-EXPORT (referred to as the “Client”) with interested sales partners (“candidates”) so that the Client can enter into sales activities with one or more sales partners.

§ 3   Subject of the contract
The subject of the contract is the delivery of services through ECO-EXPORT, described in www.eco-export.com. ECO-EXPORT is entitled to carry out all services through own staff or through external service providers.

§ 4   Fees
(1) The fees and conditions mentioned on the website from §3 apply, at the time of entering into the contract, if not agreed otherwise in the contract.
(2) The fees and commissions for ECO-EXPORT consist of one or more of the following components:
Before starting the project: fee for handling and communication
(a) upfront handling fee for research, preparation of documents and consultation with the Client.
For the STARTER service, this fee includes two candidates according to c. (see below)
(b) Fee per sales partner that ECO-EXPORT contacts and evaluates on behalf of the Client.
ECO-EXPORT will start delivering the services described in §3 within 10    working days after receipt of payment from a. and b.
When delivering candidates: fee per candidate
(c) Fee per candidate that ECO-EXPORT delivers to the Client.
This is due each time ECO-EXPORT sends the contact details of a candidate to the Client, regardless of whether the Client gets into contact with the candidate at all.
When successful: fees or commissions
ECO-EXPORT will receive additional fees and / or commissions each time the Client chooses to cooperate with one of the candidates in whatever way and even
without written form – or if the Client employs the candidate – within 24 months after receiving the respective candidate contact data from ECO-EXPORT.
(d) Commission payments per candidate: The commissions are based on the net sales generated by the candidate for the Client (gross sales without VAT) and are due
quarterly. The commission period starts with the start of cooperation or employment and automatically ends after 48 months.
(e) Success fee per candidate: ECO-EXPORT receives a one-time success fee per candidate which is due
– at the beginning of the cooperation or employment
– when the new sales partner generates a minimum sales volume for the Client and the Client has received the payment for these sales.
The amount of this minimum sales volume is agreed between ECO-EXPORT and the Client in a separate contract.
(3)   All fees are net amounts and shall be invoiced with the applicable VAT. The invoice amounts shall be due immediately and must be paid by the Client without any delay or deductions.
(4)   All fees and remunerations which have been paid by the Client will not be – fully or partially – refunded by ECO-EXPORT.
(5)   If the Client is delayed in paying the due invoices, ECO-EXPORT has the right to stop the fullfillment of the agreed services immediately.

§ 5   Duties of the Client
(1)   After receiving the profile of a candidate, the Client has 14 days time
– to inform ECO-EXPORT in writing that he will not get into contact with this candidate or
– to try to make contact with this candidate and give written feedback on the results of this communication to ECO-EXPORT.
If he fails to do so, the success fee as per §4 (2) is due automatically.
(2)   The Client shall inform ECO-EXPORT immediately if he chooses to cooperate with one of the candidates in whatever way and even without written form, or if the Client employs the candidate.
(3)   For the Client, ECO-EXPORT communicates with numerous sales partners from the target region. If one of these sales partners – that ECO-EXPORT had previously contacted – gets in touch with the Client independently of ECO-EXPORT, the Client shall refer and forward this sales partner to ECO-EXPORT for further communication. Otherwise this sales partner is classified as a candidate as per §4 (2) b.
(4)   If the Client, by his own fault, does not pay due fees mentioned in §4 (2) or §5 (1)-(3), then ECO-EXPORT reserves the right to recommend all candidates not to enter into a cooperation with the Client. ECO-EXPORT also reserves the right to decline any future orders from this Client.

§ 6   Guarantees and liability
(1)   The Client guarantees that the information and material provided to ECO-EXPORT within the scope of this contract is free from the rights of third parties and does not infringe statutory regulations. The Client shall indemnify ECO-EXPORT against any resulting claims from third parties in all cases, as well as against the costs associated with such claims.
(2)   The profiles ECO-EXPORT supplies to the Client are based on the information provided by the candidates as well as by third parties. ECO-EXPORT assumes no liability for the correctness or completeness of the profiles. The Client is exclusively responsible for verifying and selecting the candidate. ECO-EXPORT shall not be held liable for damage caused by sales partners or candidates delivered to the Client. All claims for compensation against ECO-EXPORT, its contractors, suppliers or partners shall be excluded, with the exception of claims based on wilful intent or grossly negligent actions.
(3)   ECO-EXPORT will deliver all services to the best of its knowledge and belief but does not guarantee the delivery of candidates to the Client.

§ 7   Duration and termination of the contract
(1)   The contract is made for an indefinite period. It can be terminated in written form by each party at any time without being limited to cancellation periods.
(2)   ECO-EXPORT expects to deliver profiles of candidates to the Client within the first eight weeks after receiving the upfront service-fee from the Client. If the contract is terminated by the Client before these eight weeks have elapsed, the fees for eight candidates as per §4 (2) b. are due, regardless of whether ECO-EXPORT can actually deliver any candidates to the Client.
(3)   If the contract is terminated by the Client, the claims as per §4 (2) remain unaffected.

§ 8   Data Protection
(1) ECO-EXPORT points out that within the process of delivering the agreed services personal data will be stored.
(2) ECO-EXPORT points out the Client that the data protection cannot be fully guaranteed for data transferred via the internet. The Client is aware of the fact that third parties could view data transferred to ECO-EXPORT via the internet at any time. There might be other internet users which might technically be knowledgable and able to get access to these data. The Client takes the full responsability to guarantee the safety of the data transferred to ECO-EXPORT.

§ 9        External links
On the pages of ECO-EXPORT there are links to other pages and pictures on the Internet. ECO-EXPORT has no design options regarding the contents of the linked pages. ECO-EXPORT is not liable for the contents of the linked pages. The respective provider or operator of the pages is always fully responsible for the contents of the linked pages. A continuous content control of the linked pages through ECO-EXPORT is not reasonable without concrete indications of an infringement. Upon notification of violations ECO-EXPORT will remove such links immediately. By using and operating these external links, you agree to the collection, processing and use of the automated data collected by their representatives and third parties.

§ 10   Place of jurisdiction and governing law
The place of fulfilment and jurisdiction for any disputes between the parties shall be Málaga, Spain, provided that this can be agreed in a legally permissible manner. The laws of Spain apply.

 §11   Severability clause
Should parts of this contract be or become ineffective or infeasible, the validity of the remaining parts of this contract shall remain unaffected by this. Instead, the parties shall be obliged to replace the ineffective or infeasible parts with valid or feasible content as close as possible to the original economic purpose. The same shall apply in the event that loopholes are discovered in this contract.

§ 12   Written form provision
There are no further verbal agreements to this contract. In order to be valid, amendments or additions to this contract must be in written form. The same applies to the revocation of or amendments to the requirement for the written form.

§ 13   Reference
The Client hereby allows ECO-EXPORT to include the Client and its logo in ECO-EXPORT’s list of references for the purposes of ECO-EXPORT’s corporate representation as well as for advertising purposes. This shall also apply after the contractual relationship has ended.

TERMS AND CONDITIONS
REPLYING TO ADVERTISEMENTS
of ECO-EXPORT Thomas Dillig (ECO-EXPORT)

§1 Applicability
Services and other offers provided by ECO-EXPORT shall be carried out exclusively on the basis of these Terms and Conditions. ECO-EXPORT shall not accept any conditions which conflict with or deviate from the following Terms and Conditions, or counter-confirmations from parties referring to their General Terms and Conditions.

§2 Objectives
ECO-EXPORT wants to provide the company placing an order with ECO-EXPORT (referred to as the “client”) with interested sales partners (“candidates”) so that the client can enter into sales activities with one or more sales partners.

§3 Subject of the contract
The subject of the contract is the delivery of services through ECO-EXPORT, described in www.eco-export.com. ECO-EXPORT is entitled to carry out all services through own staff or through external service providers.

§4 Fees and commissions
(1)       If not agreed otherwise in the contract, the fees and commissions mentioned on the website from §3 apply, at the time of entering into the contract.
(2)       The fees and commissions for ECO-EXPORT consist of
1. the fee for each candidate that ECO-EXPORT delivers to the Client, due each time ECO-EXPORT sends a profile of a candidate to the Client, regardless of whether the Client gets into contact with the candidate at all.
2. commission payments if the client starts any kind of cooperation with one or more candidates, even without written form, within 36 months after the respective candidate has been delivered through ECO-EXPORT, or if the client hires one or more candidates. The commissions refer to the net sales generated for the client by the respective candidate and are due quarterly. The commission period begins with the beginning of the cooperation or employment.
(3)       All fees and commissions are net amounts and shall be invoiced with the applicable VAT. The invoice amounts shall be due immediately and must be paid by the client without any delay or deductions.
(4)       Fees or commissions already paid shall not be reimbursed neither wholly nor pro rata.

§5 Duties of the client
(1)       The Client shall inform ECO-EXPORT immediately if he chooses to cooperate with one of the candidates in whatever way and even without written form, or if the Client employs the candidate.
(2)       If the Client, by his own fault, does not pay due fees mentioned in §4 (2) or if he fails to fulfil his duties mentioned in §5 (1), then ECO-EXPORT reserves the right to recommend all candidates not to enter into a cooperation with the Client. ECO-EXPORT also reserves the right to decline any future orders from this Client.
(3)       The client is not allowed to forward any profiles delivered by ECO-EXPORT or parts thereof to third parties without prior written permission from ECO-EXPORT, even after termination of the contract. In case of violation the client shall pay ECO-EXPORT a penalty of net EUR 10.000,- plus applicable VAT.

§6 Guarantees and liability
(1)       The client guarantees that the information and material provided to ECO-EXPORT within the scope of this contract is free from the rights of third parties and does not infringe statutory regulations. The client shall indemnify ECO-EXPORT against any resulting claims from third parties in all cases, as well as against the costs associated with such claims.
(2)       The information on sales partners that ECO-EXPORT supplies to the client are based on the information provided by the sales partners as well as by third parties. ECO-EXPORT assumes no liability for the correctness or completeness of this information. The client is exclusively responsible for verifying and selecting each candidate. ECO-EXPORT shall not be held liable for damage caused by sales partners or candidates delivered to the client. All claims for compensation against ECO-EXPORT, its contractors, suppliers or partners shall be excluded, with the exception of claims based on wilful intent or grossly negligent actions.
(3)       ECO-EXPORT will deliver all services to the best of its knowledge and belief but does not guarantee the delivery of candidates to the client.

§7 Duration and termination of the contract
(1)       The contract is made for an indefinite period. It can be terminated in written form by each party at any time without being limited to cancellation periods.
(2)       If the contract is terminated by the client, the claims as per §4 remain unaffected.

§8 Place of jurisdiction and governing law
The place of fulfilment and jurisdiction for any disputes between the parties shall be Málaga, Spain, provided that this can be agreed in a legally permissible manner. Spanish laws apply.

§9 Severability clause
Should parts of this contract be or become ineffective or infeasible, the validity of the remaining parts of this contract shall remain unaffected by this. Instead, the parties shall be obliged to replace the ineffective or infeasible parts with valid or feasible content as close as possible to the original economic purpose. The same shall apply in the event that loopholes are discovered in this contract.

§10 Written form provision
There are no further verbal agreements to this contract. In order to be valid, amendments or additions to this contract must be in written form. The same applies to the revocation of or amendments to the requirement for the written form.

§11 Reference
The client hereby allows ECO-EXPORT to include the client and its logo in ECO-EXPORT’s list of references for the purposes of ECO-EXPORT’s corporate representation as well as for advertising purposes. This shall also apply after the contractual relationship has ended.

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