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General Terms and Conditions

I. Scope

1. The following General Terms and Conditions listed about Facts & Files regulate the contractual relationships between Facts & Files, contractors, clients and customers.

 2. The clients accept the General Terms and Conditions when signing the contract.

3. The contract will be violated if there is any contradiction of these General Terms and Conditions.

II. Range and implementation of an order

1. The range of services will be stipulated in the first contractual agreement. These stipulations require a written confirmation.

 2. During the completion of the order the object of agreement of the service is needed so that the relevant parties can make an agreement. This agreement and stipulation of corresponding compensation are likewise adhered to in written form.

3. The contactor is authorised of third party advice during the implementation. of the order.

III. Duration

1. The contract ends through the implementation of the mutual services with either withdrawal or cancellation.

2. A withdrawal of the contractor from the contract is possible under special circumstances. Such circumstances considered would be:

  • In such circumstances which the implementation of the order is not possible or will encounter disproportionate expenditure or instances where the contractor is not represented.
  • Before or after the contractual settlement the assets of the contractor would be dissolved in an insolvency procedure or the dissolving of sufficient failed assets.
  • In the case of cancellation, the contractors are obliged to pay specific expenses which are in correspondence to the compensation.

IV. Negotiation of Rights

1. The contractor obtains data himself or through another means corresponding with the application and the personal preference. The further uses of the data or the data obtainers goes to the contractor which is affirmed as the single contract.

2. The application and compilation of the order is under the total jurisdiction of the contractor. The content may where agreed be partly published or relayed to a third party.

If the applicant wants to quote from it, the quoted parts must be known and the contractor with the permission of the drafter. The above does not apply for the report of its own findings.

3. The ownership of the documents, documents obtainers, agreed contractual licences, copies supplied, books and other such areas will only be achieved under a reservation of a full payment of the assets owed in compensation.

4. The endorsement of rights and obligations of the clients excluding Facts & Files request to the publisher about the effectiveness of the agreement with the contractor.

V. Liability

1. The contractor is a Partnership. Each partner is liable within the framework of the § 8 PartGG. The limitations of liability are pointed out in § 8, 2.

2. The contractor is not liable for damages and subsequent damages which have been made because of the decision of the clients and the interpretation is based on the information of the contractor. This will hold particularly without total conformity to the information supplied in Nr. 6.4..

3. It does not encompass claims made by the client against the contractor for compensation for damages caused by light negligence.

4. The contractor is obliged in the case of the research requested to examine the agreed contents of the contract. The contractor is unable to take on a full guarantee for the total findings of the report.

VI. Respites

1. The agreed terms of delivery depends on experience. In certain circumstances, unpredictable actions could cause deviation from the agreed period. The client is in this case informed of this immediately.

VII. Final Provisions

1. Place of delivery is Berlin.

2. During the implementation of the order and the disagreements of costs, the laws of the German central Bank will be applied.

3. The place of jurisdiction for any discrepancies of monetary or contractual is Berlin.

4. Should the previously known terms not be effective, so the concerns are not effective with the remainder of the provisions.

5. The written contract is signed under the framework of the rules of the contract or with general business terms, requesting an agreement which annuls the signed forms must also be written as a form.

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Beate Schreiber
Facts & Files
P: +49 (0)30 / 480 986 20

Frank Drauschke
Facts & Files
P: +49 (0)30 / 480 986 20