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