The following terms and conditions apply to all legal transactions of beinc human UG (limited ) - to the context maideasy.de hereinafter " humanbeinc " called - with its contractual partner - hereinafter called - client .If individual contractual regulations exist , which differ from the provisions of these Conditions or contradict them , go to the individual agreements .
2. contractual object
The Parties agree to the provision of household services (hereinafter " Services " ) to the extent of specific individual contractual agreement(s).
humanbeinc is entitled towards the customer to use both full-time employees , independent third parties (freelancers) or subcontractors to fulfill their contractual obligations .Hereby no contractual relationship to the client will be justified to others, agents or companies.
humanbeinc has the right to choose those through which the service is provided. Personal preference of the client are taken into account by humanbeinc, but are in no way binding.
3. Formation of the contract
3.1 The contract for services is created through a placing of an order by the customer (offer), and its acceptance by humanbeinc.
3.2 The customer can place an order verbally, by telephone, via email or via the website maideasy.de and any connected partners websites. This order represents an offer to humanbeinc to conclude a service.
3.3. The client is bound to 48 hours prior to the desired starting time of the service of issuing the order (offer).
3.4 The first time the order is placed by the client their registration as well as the recording of their personal data required for the contract will be concluded. The data acquisition will happen depending on the type of inquiry on maideasy.de by an employee of humanbeinc either by phone, fax or email.
3.5 After placing the order and possibly registering, an acknowledgment of receipt is provided verbally or via email by humanbeinc , whereby the receipt of the order is confirmed ( confirmation of receipt ) . This confirmation does not constitute acceptance of the contract offer (order), but is designed to contractors only to inform you that the request has been received by humanbeinc.
3.6 If humanbeinc accept the offer to conclude the contract of the desired services, the client will receive a letter of acceptance from humanbeinc. This can result in a separate e-mail or be confirmed verbally by a humanbeinc employee. With this declaration, the contract is concluded between the two parties.
3.7 If it is foreseeable that humanbeinc won't be able to perform the service at the time of placing the order, then humanbeinc will notify the client immediately. After that point, there are no further legal obligations for humanbeinc.
3.8 humanbeinc reserves the right to terminate the contract after visiting the premises of the client. In particular, if the degree of dirt and untidiness exceeds the agreed scope.
4. Contract duration and termination
4.1 The contract begins and ends at the times that have been agreed between the parties. Individual contractual services begin and end for each received or used services at the time agreed in each case.
4.2 The contract can not be terminated during the period of service. The right to terminate for good cause remains unaffected.
4.3 If the parties have agreed upon recurring services (subscription), either party may cancel the contract with a 4 weeks notice on "My Subscriptions" in the customer area of the website. Up to this point already booked appointments must be canceled manually by the client on the website. With a notice period of 4 weeks, the contract can be terminated completely (termination with notice). The cancellation must be in writing. And can be sent by email to service (at) maideasy.de. The right to terminate for good cause remains unaffected.
5. Scope of the services, the parties obligations
5.1 The services that are to be provided, adhere to a performance catalog, that contain the services that are to be provided, and also according to the contract, that has been received by the client and accepted by humanbeinc. Furthermore, the client has no claim to the completion of the services by specific persons or subcontractors.
5.2 The parties agree, as part of the contract a date/time for the performance of the services. Should the client wishes to use a voucher, or book the service at a later point in time, then this must be specifically accepted by humanbeinc
5.3 If humanbeinc is not able to fulfill the contractually agreed provision of an order, then the client must be immediately notified thereof.
5.4 Humanbeinc provides the necessary equipment and materials to be able to fulfill the agreed services.
5.5 The client must ensure that all the necessary conditions for providing the service are met at the agreed time. This is especially true for providing access to the place of provided services. Something else shall not apply unless expressly agreed up with humanbeinc.
5.6 Both Parties shall strive, to assist each other by providing information, further details or experience, to the best of their knowledge and belief. To ensure a smooth and efficient workflow for both parties.
6.4 The obligation of the client to pay default interest does not exclude the assertion of further payments due to damage caused by delay, by humanbeinc.
7. Off-setting, rendition
The buyer only has a right to off-set, if his counterclaims are legally established or recognized by humanbeinc . He is only entitled to exercise a rendition if his counterclaim is based on the same contractual relationship.
8.1 Claims of the customer for compensation are excluded . This excludes claims for damages of the client from injury to life, limb, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages based on intentional or grossly negligent breach of humanbeinc, their legal representatives or agents. Essential contractual obligations are those which performances are necessary to achieve the objectives of the contract.
Excluded from liability are also claims for damages other than the damage referred to in paragraph 8.1 , insofar as they are based on a negligent breach of the duty of humanbeinc and / or its agents . In these cases, liability is limited to € 10,000.00 per event.
8.2 In the case of the breach of contract the humanbeinc are only liable for the typical, foreseeable damages if this was caused through negligence, unless there are damage claims of the customer from an injury to life , limb or health .
8.3 The limitations in paragraphs 8 1 and 8.2 also apply to the legal representatives and agents of the provider, if claims are made directly against them.
8.4 The regulation of the previous paragraphs 8.1 and 8.2 apply to damages that occur outside of the regular services, the compensation instead of the service and the claim for wasted expenditure, regardless of the legal grounds, including liability for defects, delay or impossibility.
9. Revocation right
9.1 If the customer is a consumer and he has concluded a contract with humanbeinc under exclusive use of remote means of communication, in particular by telephone, e-mail or fax, or online through the website of humanbeinc, he is entitled to revoke his agreement of declaration of intent concluded in the contract, without specifying reasons for the withdrawal, within 2 weeks. The period begins on the day the contract is concluded (receipt of acceptance of humanbeinc, the contracting authority), if at that time the client's revocation has already been received in written form.
The revocation by must be declared in text form (for example letter, fax, email) to humanbeinc at the address listed below. In order to keep the deadline it is sufficient to send the revocation in time.
The right of revocation expires if humanbeinc have begun to provide the service with the express consent of the client before the end of the revocation period, or if the customer has expressly arranged the services himself.
9.2 In the case of an effective cancellation humanbeinc will reimburse an already paid compensation to the customer back
10 Notes on data-handling
10.1 Humanbeinc collect client's data under the initiation and execution of contracts. Note the regulations of the Federal Data Protection Act and the Teleservice Data Protection Act. Without the consent of the client, humanbeinc will only collect, process or use inventory and usage data to the extent necessary for the execution of contracts and for using and invoicing teleservices.
11. Place of jurisdiction
German law applies exclusively to the business relationship between the parties .
If the buyer has no general jurisdiction in Germany or in another EU Member State , the sole place of jurisdiction for all disputes from this contract is our place of business.
12. Severability clause
Should one or more of the provisions mentioned above be invalid, then the validity of the remaining provisions shall not be affected. This is true even if within a provision one part is ineffective, but another part is effective. The respective ineffective provision shall be replaced by the parties, by a regulation represents both the parties economic interests and does not run contrary to the other contractual agreements.
human beinc UG (limited)
Tel: 040 / 20914488
Mail: info (ät) maideasy.de