General Terms and Conditions
General Terms and Conditions of ETI experts GmbH – hereinafter “ETI”
These General Terms and Conditions (T&C) apply to our back-office and collection services for companies. Consumer claims are not accepted. If customers request that their own terms and conditions be applied, this request is denied. Individual contractual agreements override General Terms & Conditions.
§1 Object of Agreement
After a contract is awarded, ETI takes over the collection of due, hitherto undisputed collections and provides additional related services, if requested.
§2 Conclusion of the contract, storage, contract language
- The descriptions of the services on the websites do not constitute offers for the conclusion of a service agreement. This type of request is submitted by the customer online via the contact form, or a claim transfer over the phone or in writing. The request confirmation we send out after receipt does not constitute the acceptance of the offer. The service agreement is only concluded with the confirmation of the transfer of the collection claim or information about the start of the dunning process.
- The customer can store the text of the agreement by using the browser function “save under” of the applicable website on his computer. The browser’s print function allows the customer to print out the contract text. We store the contract texts and make them accessible to the customer via email or mail.
- The customer can correct the entries at any time during the transfer process by pushing the “back” button in the browser and making the corresponding changes. By closing the browser, the customer can cancel the entire order process at any time. Further, there is one more opportunity to make corrections via the overview before sending the online transfer, which the customer is notified of.
- The language available for contract conclusion is exclusively German.
§3 Provisions on implementing collection activities
- ETI is obligated to implement legally and economically sound measures for the such claims in a timely manner. Customer requests related to the methods employed for individual debtors are – if possible and appropriate – taken into consideration.
- By awarding the contract, the customer agrees
- that ETI decides on the selection of the respectively appropriate collection measures at due discretion of judgement;
- to inform ETI immediately about changes to his/her financial situation, payment method, or personal assessment of the debtor; to provide ETI with any necessary documents in a timely manner, and to cooperate with ETI in any other capacity required for the entire duration of the processing the request;
- that the customer is not permitted to take action in the collection of the debt without prior approval of ETI;
- that the customer is obligated to inform ETI immediately, if a debt has been settled or reduced by payment or in any other way;
- ETI is authorised to conclude economically and legally sound installment agreements for the transferred collection claim without prior customer approval.
§4 Settlement of incoming payments
If permitted by law and unless subject to a different contractual agreement, payments for collection of transferred claims, regardless of who received them, are initially offset against 1) the principal claim, 2) the secondary claim, 3) collection fees, 4) interest.
§5 Remuneration, expenditures, and cost reimbursement
- From the collection agreement, ETI is entitled to remuneration from the client, which is calculated according to German lawyers’ remuneration act (RVG). In addition to a flat-rate fee for expenses according to No. 7002 VV [German remuneration schedule], expenses for research related to creditworthiness, place of residence, and identity may also be incurred. The RVG table, which is structured by the values in dispute, can be reviewed on eti-experts.dein the log-in area.
- If individually agreed, commissions are arranged in a separate contract. Without a contract of this kind no commissions will be incurred.
- The client can generally demand that debtors who do not pay contrary to duty, waive any fees incurred with ETI, to which ETI is entitled due to the collection agreement with the client. The client transfers this right to a waiver (release of the debt holder through reimbursement of costs to ETI by the debtor) to ETI with conclusion of a collection in lieu of performance. ETI accepts this transfer and tries to collect the claim along with the costs incurred from the debtor. If this is unsuccessful, ETI will not demand the fee from the client without payment from the debtor. For the client, ETI’s activities are therefore not associated with any costs if the debtor does not make a payment.
§6 Invoicing modalities and customer information
- ETI settles incoming payments according to the booking date of the payment received.
- For each customer, ETI maintains a customer account as a current account in which all claims and liabilities are entered. The balancing of this account and the disbursement of the collected third-party payments and/or the invoice process for ETI’s requested payments from the customer occurs monthly, unless otherwise agreed in the contract.
§7 Statute of Limitations
- ETI does not check the statute of limitations for the collection of transferred collection claims. ETI’s liability is excluded in this context.
- All claims against ETI are subject to the statute of limitations one year after the final invoice is sent to the customer’s last known address.
- ETI only assumes liability in case of injury to life, body, or health in case of intent and gross negligence. This also applies in case of culpable breach of duty by legal representatives or ETI’s vicarious agents. The limitation of liability also does not apply in case of culpable violations of pre-contractual notification or information duties, or for breach of essential contractual duties by ETI, its legal representatives, or vicarious agents. Essential duties are duties which must be fulfilled for proper execution of the contract and which can typically be expected to be fulfilled by the companies of the contract partner.
- If the limitation of liability does not apply according to paragraph 1 (above), ETI shall only be deemed liable for contract-typical and foreseeable damages.
§9 Data privacy, retention periods
- All orders are transferred for data processing. The customer agrees that ETI may store and transmit data, including personal data, under consideration of the German Federal Data Protection Act for the intended purpose of the agreement.
- Upon successful contract conclusion, ETI is entitled to destroy all documents except the debt instruments one month after the dispatch date of the final invoice to the last known address of the customer. If the contract conclusion is not successful, this time period is six months. Destruction only occurs after the customer is notified in writing and the customer did not react to this notification, or has agreed to it.
§10 Final provisions
- New T&C become contract terms if they were communicated to the client and he/she does not object within one month of receiving this notification.
- Cologne, Germany, shall be deemed the place of fulfillment for all mutual claims of the contract partners, if the contract partners are salespersons, legal entities under public laws, or separate funds under public law. Cologne, Germany, shall also be the agreed-upon place of fulfillment and place of jurisdiction, if the customer does not have a domestic general place of jurisdiction.
- Should one of the provisions of these Terms and Conditions be or become invalid, this shall not affect the validity of the remaining General Terms and Conditions.