MaidEasy GmbH
℅ Minning & Burgdorf
Rentzelstr. 34
20146 Hamburg
represented by the managing director Marc Oback
(hereinafter referred to as Contractor)
MaidEasy GmbH, ℅ Minning & Burgdorf, Rentzelstr. 34, 20146 Hamburg, (hereinafter referred to as the "Contractor"), offers cleaning services for commercial customers (hereinafter referred to as the "Client") via the website www.maideasy.de, among others.
The cleaning services are carried out by employed cleaners or partner companies of the Contractor. Insofar as these are cleaning staff employed by the Contractor, there is no temporary employment within the meaning of the German Temporary Employment Act (AÜG). Rather, the contracts concluded between the Contractor and the Client are mixed-type contracts with a focus on work and service contract law, for the fulfillment of which the Contractor uses cleaning staff (or vicarious agents) subject to its instructions.
In addition to the provision of cleaning services, the Contractor offers the Client further services such as the sale of cleaning agents and hygiene products, the provision of doormats and coffee machines, etc. These additional services are updated on an ongoing basis. This additional offer is updated on an ongoing basis.
All offers made by the Contractor are non-binding. They are merely invitations to submit binding offers by the Client.
The Client submits a binding offer to the Contractor to conclude a contract within the meaning of Section 145 BGB by clicking the "Accept and sign" button on the platform angebot.maideasy.de with regard to the cleaning services previously selected by the Client and summarized during the ordering process. Alternatively, the client submits a binding offer to the contractor to conclude a contract if he agrees to a request from the contractor by e-mail or telephone.
The Contractor may accept the Client's binding offer within a reasonable period of time in accordance with Section 147 BGB (e.g. by sending an e-mail in which the Client's offer is expressly accepted, i.e. by express confirmation, or implied by sending the cleaning plan). However, the mere confirmation of the Client's offer by the Contractor (e.g. in the form of an automated confirmation e-mail) does not constitute a binding acceptance within the meaning of Section 147 BGB.
If the Client submits an offer to the Contractor's sales team by means of individual communication (e.g. on the telephone, by e-mail), the Contractor shall not accept this offer until the countersigned contract document has been transmitted.
The Client assigns the performance of the following work to the Contractor:
The Contractor is obliged to perform the services to be rendered under this contract in a workmanlike, professional and timely manner.
The Contractor shall provide the necessary manpower, including the provision of manpower by partner companies. The Contractor shall ensure that the employees working at the respective property of the Client are in possession of valid residence or work permits and that the other reporting and verification obligations are fulfilled.
The Contractor undertakes to remunerate the personnel deployed at least in accordance with the applicable collective wage for the building cleaning trade.
Staff are obliged to accept instructions regarding the performance of services only from the Contractor or its authorized representative.
Paragraphs §2.2 §2.4 shall also apply to any staff employed by partner companies.
Work that is not listed in this contract (e.g. special cleaning) will be offered and paid for separately.
Order changes and order extensions shall be issued or accepted exclusively via the Contractor, not via the personnel deployed.
The Contractor undertakes to maintain confidentiality regarding business and trade secrets of which it becomes aware, as well as all official matters, even beyond the term of the contract. The personnel employed by it shall also be informed of this.
The personnel shall also be informed of the relevant provisions of the Federal Data Protection Act (BDSG).
The client shall provide the water required for cleaning (cold and hot), electricity and suitable rooms for storing materials, equipment, etc. free of charge.
The Client's premises to be cleaned must be accessible to the Contractor's personnel at the agreed cleaning time or be cleared.
The Contractor shall receive remuneration from the Client for the services to be provided in accordance with § 1 in accordance with this contract.
If agreed, the Contractor shall receive remuneration from the Client for the provision of cleaning agents in accordance with this contract. Ownership of the aforementioned consumables shall be transferred to the Client at the time they are made available to the Client.
The services provided shall be invoiced on a monthly basis.
Unless otherwise and explicitly agreed, all prices quoted are subject to VAT at the statutory rate and refer to the performance of the services offered on working days from Monday to Saturday, excluding working hours subject to surcharges.
The Contractor shall be entitled to increase the agreed prices if
The price increase amounts to 90/100 of the increase factors to be used as a basis. The contractual price agreement is based on the wage scale of the building cleaning trade. The collective agreements of the building cleaning trade are decisive for questions as to whether wage increases apply.
The services rendered by the Contractor shall be deemed to have been performed and accepted in accordance with the order if the respective Client does not raise written, substantiated objections immediately after the respective service has been rendered (this applies equally to one-off and recurring services rendered by the Contractor), whereby the type, scope, time and place of the objections raised must be precisely described.
In the event of non-contractual performance, the Client shall, without prejudice to the provision of Section 281 (2) BGB, set the Contractor a reasonable deadline in writing for subsequent performance.
If the Client justifiably complains about defects in the contractually agreed service, the Contractor shall be obliged to provide subsequent performance. No warranty shall be assumed for defects and damage attributable to the fact that the Client has not provided the Contractor with important information about the type and nature of the surfaces and objects to be cleaned. The same applies if the client does not take sufficient precautions to ensure the accessibility or reachability of the surfaces to be cleaned.
If the defect cannot be remedied or if the client cannot reasonably be expected to make a further attempt at subsequent performance, the client may demand a reduction in payment or terminate this contract instead of subsequent performance. In the event of only a minor breach of contract, in particular in the case of only minor defects, the client shall not be entitled to terminate the contract.
The Contractor shall be liable to the Client in the event of a breach of contractual and non-contractual obligations in accordance with the statutory provisions. Exceptions to this are regulated in the following paragraphs:
The Contractor shall only be liable for damages - irrespective of the legal grounds - in the event of intent and gross negligence.
In the event of a lower degree of culpability than gross negligence, the Contractor shall only be liable in each case for
The Contractor shall only be liable for damages that are demonstrably attributable to services rendered by the Contractor within the scope of the business liability insurance it has taken out with the Versicherungskammer Bayern (or another insurance company) up to an amount of EUR 3,000,000.
The Contractor's liability for the vicarious agents and assistants it uses to fulfill its contractual obligations shall be governed by the provisions of Section 8 (1) to (4) of these General Terms and Conditions of Contract.
The Contractor is not responsible for third-party content linked to its website or app and assumes neither liability nor a guarantee for the accuracy of corresponding linked third-party websites. The same applies with regard to compliance with data protection regulations and provisions on the linked third-party websites.
The Contractor shall not be liable for damage caused by third-party fault or interruptions to the availability of the website, app, etc. for which the Contractor is not responsible (e.g. technical problems with the Internet, data traffic, etc. that cannot be influenced by a party).
The Contractor shall not be liable for damage caused by the cleaning and other products used or offered.
The Client shall be liable to the Contractor for any breach of contractual and non-contractual obligations in accordance with the statutory provisions.
The Contractor shall not be liable for damage caused by the cleaning and other products used or offered. In particular, if the surfaces, objects, etc. to be cleaned are of a special nature and/or have special properties, the Customer must inform the Contractor of this separately so that the Contractor is able to adapt the procedures and cleaning agents to be used during cleaning accordingly. The Client must also inform the Contractor separately if certain surfaces, objects, etc. with which the Contractor's cleaning staff come into contact in the course of fulfilling their contractual obligations are particularly valuable (e.g. if they are valuable vases, sculptures, pictures, etc.). If the Client fails to provide such information, the Contractor shall only be liable to the Client for the resulting damage to a limited extent, i.e. only the value of a comparable object of average type and quality shall be taken into account when calculating the damage.
The Contractor is obliged to comply with the provisions of the AEntG. This includes, among other things, the payment of the binding collective wage for the building cleaning trade. The Contractor undertakes to release the Client from its liability for the minimum wage.
The Client shall be entitled to demand current proof (e.g. time sheets, pay slips, employee lists) of compliance with the AEntG at any time. The client reserves the right to withhold payments due in the event that the requested evidence is not submitted.
The term of this contract shall commence on the date of the first provision of services by the Contractor.
Changes or cancellations of one-off services are free of charge up to 72 hours before the start of the service. In the event of a change or cancellation less than 72 hours before the start of the service, the client will be charged the full price stated in this contract. This shall also apply to cancellations after the start of the service and to "de facto cancellations". A "de facto cancellation" exists if the client's behavior makes it impossible or unreasonable for the contractor or its auxiliary persons to carry out the booked order in accordance with the contract. This includes in particular - but is not limited to - cases in which the address cannot be found due to incorrect or inaccurate information provided by the client, the client is not present at the time of the start of the order and cannot be contacted or access to the object of the booked service is not made possible, etc.
Contracts concluded for an indefinite term may be terminated by either party with a notice period of four weeks. Until the end of the notice period, the client shall be invoiced in full for the price specified in this contract for the discontinued services.
Notwithstanding § 11 para. 3, contracts concluded for a term of 6 months may be terminated by either party at the end of the contract term with a notice period of 3 months to the end of the term. If this contract is not terminated in due time or form, the contract term is automatically extended by a further 6 months. The notice period for extending the term is also 3 months to the end of the term.
The information provided by the client forms the basis for the contract concluded. This includes, but is not limited to, information on the type of company, area of the property concerned, frequency of service provision, scope and type of service, number of employees, type and condition of equipment and furniture, etc. The client assures the correctness and completeness of all information on the conditions that are decisive for the performance of the service (type and scope). If the actual conditions that are decisive for the performance of the service (type and scope) deviate from the conditions described by the Client, the Contractor shall have a unilateral and immediate special right of termination during the first six weeks of the contract term.
The termination must be made in writing.
The possibility of extraordinary termination in accordance with the statutory provisions remains unaffected by the cases regulated in § 11 (1) to (6) of these GTC.
During the term of this contract and for up to one year after termination, the contracting parties are prohibited from poaching or employing customers, subcontractors or partner companies used to fulfill the contract in accordance with §2 or personnel of the other contracting party or commissioning them independently.
Invoices are payable gross without deductions immediately upon receipt. Discounts are not recognized.
German law shall apply exclusively. The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly excluded.
All amendments, supplements and revocations of these GTC must be made in writing to be effective/valid; this applies equally to the revocation of this written form requirement. No verbal collateral agreements have been made.
Should individual provisions of the contracts concluded in accordance with these GTC be or become invalid or unenforceable, this shall not affect the validity and enforceability of the remaining provisions. Ineffective provisions shall be replaced by provisions which, in terms of content and purpose, come closest to the economic objective of the provisions intended by the parties.
The place of jurisdiction for all disputes arising from the contracts concluded between the Contractor and the respective Client in accordance with these GTC shall be Hamburg.
Effective: 01.04.2024
