GTC
General Terms and Conditions
General Terms and Conditions for the provision of services by Insurfox GmbH, Stadtdeich 5, 20097 Hamburg, email: info@insurfox.de (following referred to as "Contractor") to its customers (following referred to as "Client")
1. General
1.1 These General Terms and Conditions (GTC) apply to contracts for services between the customer and the principal.
1.2 The Contractor does not conclude contracts with consumers or private individuals.
1.3 The Contractor is entitled to award the required services to subcontractors in its name and for its account, who consequently may also employ subcontractors. The principal remains the customer's sole contractual partner. The subcontractor will not be utilized if the principal determines their use would conflict with the customer's legitimate interests.
1.4 If, in addition to these General Terms and Conditions, other contract documents or other terms and conditions in text or written form have become part of the contract, the provisions of these other contract documents take precedence over these General Terms and Conditions in case of a contradiction.
1.5 The Contractor does not accept any General Terms and Conditions used by the customer that deviate from these Terms and Conditions - subject to express consent.
2. Subject matter of the contract and scope of services
2.1 The Contractor provides the following services to the customer as an independent entrepreneur:
Brokering of digital insurance.
2.2 The specific scope of services is the subject of individual agreements between the principal and the customer.
2.3 The principal provides the contractual services with the greatest possible care and conscientiousness at the latest status, rules and findings.
2.4 The principal is obliged to provide the services owed under the contract. When carrying out his work, however, he is not subject to any instructions about the type of provision of his services, the place of provision of the service or the time of provision of the service. However, when scheduling the days of activity and allocating time on those days, he will determine these himself in a manner that ensures optimal efficiency in his work and the fulfillment of the contract's objectives. The service is provided by the principal only with the agreement and coordination of the customer. The service is provided by the principal only in agreement and coordination with the client.
3. The client's duty to cooperate
It is the client's responsibility to provide the information, data, and other content required for the complete and accurate fulfillment of the service. The contractor is in no way responsible to the customer for delays. Delays in the provision of the service arise due to late and necessary cooperation or assistance from the customer. The commissions under the heading "Liability/Exemption" remain unaffected.
4. Remuneration
4.1 Remuneration is agreed on an individual contract.
4.2 The remuneration is to be paid after the services have been provided. If the remuneration is calculated according to periods, it is to be paid after the expiry of the individual periods (§ 614 BGB). In the case of expense-related billing, the contractor is entitled, subject to deviating agreements, to invoice the services provided every month.
4.3 After the services have been provided, the contractor will send the client an invoice by post or email (e.g. as a PDF). The remuneration is due for payment within 14 days of receipt of the invoice.
5. Liability/indemnity
5.1 The contractor is liable without limitation for any legal reason in the event of intent or gross negligence, in case of intentional or negligent injury to life, body or health, due to a guarantee promise, unless otherwise regulated in this regard, or due to mandatory liability. If the contractor negligently breaches an essential contractual obligation, their liability is limited to the foreseeable damage typical for the contract, unless unlimited liability applies as per the above sentence. Essential contractual obligations are obligations which the contract imposes on the contractor according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer can regularly rely. Otherwise, the contractor's liability is excluded. The above liability regulations also apply to the contractor's liability for his vicarious agents and legal representatives.
5.2 The customer must compensate the principal for any third-party claims resulting from breaches of these contractual terms and conditions or applicable law by the client.
6 Contract duration and cancellation
6.1 The duration of the contract and the deadlines for ordinary termination shall be agreed upon individually by the parties.
6.2 The right of both parties to terminate the contract without notice for good cause shall remain unaffected.
6.3 The Contractor shall return or destroy all documents and other content provided immediately after the contract's determination at the Customer's discretion. The assertion of a right of retention is excluded. Electronic data must be completely deleted. Exceptions to this are documents and data for which there is a longer statutory retention obligation, but only until the end of the respective retention period. The Contractor shall confirm the deletion in writing to the Company at the latter's request.
7 Confidentiality and data protection
7.1 The Contractor shall treat all processes of which it becomes aware in connection with the order as strictly confidential. The Contractor undertakes to impose this confidentiality obligation on all employees and, /or third parties who have access to the information that is
the subject of the contract. The confidentiality obligation shall apply indefinitely beyond the term of this contract.
7.2 The Contractor undertakes to comply with all data protection regulations - in particular the provisions of the General Data Protection Regulation and the Federal Data Protection Act - in the execution of the order.
8 Final provisions
8.1 The law of the Federal Republic of Germany shall apply to the exclusion of the CISG.
8.2 Should any provision of these GTC be or become invalid, this shall not affect the validity of the remainder of the GTC.
8.3 The client must assist the contractor in carrying out contractual services by providing necessary cooperation. Specifically, the client must supply the contractor with the information and data needed to complete the order.
8.4 If the Client is a merchant, a legal entity under public law or a special fund under public law or has no general place of jurisdiction in Germany, the parties agree that the Contractor's registered office shall be the place of jurisdiction for all disputes arising from this contractual relationship; exclusive places of jurisdiction shall remain unaffected by this.
8.5 The Contractor may modify these General Terms and Conditions (GTC) for valid reasons such as changes in case law, legal situation, market conditions, or business strategy, after giving reasonable notice. Existing customers will be informed via email at least two weeks before the changes take effect. If a customer does not object within the specified deadline, it will be assumed that they have consented to the changes. If a customer does object, the changes will not take effect, and the Contractor may choose to terminate the contract when the changes are due to come into force. The notification of the proposed GTC amendments will include information about the deadline and the consequences of objecting or failing to object.