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Terms of Service

Worldwide terms and conditions of service (Allgemeine Geschäftsbedingungen)

Your acceptance of the following terms and conditions is an absolute condition of your use of services provided by Thomas Winterstetter.

The following shall apply for any and all services provided to any and all clients and customers of TW (hereinafter “Client”) by TW (hereinafter “TW”).

Now, therefore, for and in consideration of the mutual promises and agreements contained herein, Client hires TW, and TW agrees to work for Client under the terms and conditions hereby agreed upon by the parties:

Work To Be Performed

  1. Term. Client agrees to hire TW for a minimum of three billable hours on each job.
  2. Duties. TW agrees to perform work for the Client on the terms and conditions set forth in this agreement, but reserves the right to refuse any job without any notice.
  3. Completion Date. The work to be performed shall be completed by TW when he deems it is the best time.
  4. Liquidated Damages. The following shall be construed as liquidated damages only and shall not in any way be deemed a penalty, but only a reasonable estimate of either the anticipated or the actual loss from breach of this Agreement. In the event the work is not performed timely as specified herein, Client shall be entitled to deduct a one-time flat €150.00 from the compensation due TW as liquidated damages.
  5. Services. Service requests must be scheduled at least 48 hours in advance; there is a 3 hour minimum charge for any service. Additional time will be prorated in half hour increments.
  6. Circumstances will arise from time to time that are out of our control, such as traffic and weather conditions. Although we will work as efficiently as possible, Client will be billed for time spent, regardless of the reason.
  7. Rates do not include the price of the goods, taxes, or services purchased on your behalf. Such expenses will be passed along to the client at cost.
  8. For services requiring more than one concierge associate, additional charges will apply.
  9. A full payment (100%) is required prior to services being provided; any additional expense incurred is due immediately upon completion of the service.
  10. All our services are guaranteed. If you’re not satisfied with our service, a refund for the service portion of your bill will be refunded, but not the expenses incurred.
  11. Services and rates are subject to change without notice.

Compensation

  1. Compensation. In consideration of all services to be rendered by TW to the Client, the Client shall pay to TW an individually agreed upon sum per person per hour of service with a three hour minimum. All payments must be made in advance or pre-paid.
  2. Any unused credit balance will be refunded to the client at any time upon request; TW will make an online bank-transfer within 48 hours of Client making said request.
  3. Flat rates. In lieu of an hourly rate, flat fees can be discussed for specific services - especially regarding support that will be needed on a long-term recurring basis.

Independent Contractor Status

TW acknowledges that he is an independent contractor and is not an agent, partner, joint venture nor employee of Client. TW shall have no authority to bind or otherwise obligate Client in any manner nor shall TW represent to anyone that he has a right to do so.

Representations Of Warranties Of Coordinator

  1. TW represents and warrants to the Client regarding the work to be performed to the best of TW’s ability as soon as TW, at its discretion, deems it reasonably possible.
  2. TW represents that he is free to enter into this agreement, and that this engagement does not violate the terms of any agreement between TW and any third party. During the term of the agreement, TW shall devote as much productive time, energy and abilities as is needed and necessary to perform the required duties in a timely and productive manner. TW is expressly free to perform services for other parties while performing services for Client.

Miscellaneous Provisions

  1. The provisions of this Agreement shall be binding upon and for the benefit of the heirs, personal representatives, successors and assigns of the parties.
  2. In the event of a default by Client under this Agreement, the Client shall reimburse TW for all costs and expenses reasonably incurred by TW in connection with the default, including without limitation, attorney’s fees. Additionally, in the event a suit or action is filed by TW to enforce this Agreement or with respect to this Agreement, and TW is the prevailing party, TW shall be reimbursed by the other party for all costs and expenses incurred in connection with the suit or action, including without limitation, reasonable attorney’s fees at the trial level and on appeal.
  3. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
  4. This Agreement shall be governed by and shall be construed in accordance with the laws of Germany.
  5. This Agreement constitutes the entire agreement between the parties pertaining to its subject matter and it supersedes all prior contemporaneous agreements, representations and understandings of the parties. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all parties.
  6. If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
  7. Client agrees to indemnify, defend, and hold TW and his successors, officers, owner, directors, contractors, sub-contractors, agents and employees harmless from any and all actions, causes of action, claims, demands, cost, liabilities, expenses and damages (including attorneys’ fees) arising out of, or in connection with any breach of this Agreement, or service provided under this agreement.
  8. Client agrees to protect TW and his successors, officers, owner, directors, contractors, sub-contractors, agents and employees from economic loss and any other harmful consequences that could arise in connection with the work. This means that the customer will hold the provider harmless and save, indemnify, and otherwise defend him/her against claims, demands, actions, and proceedings on any and all grounds. This will apply regardless of responsibility for negligence.

Limitation Of Liabilities

  1. In no event will TW or his affiliates, suppliers, contractors, sub-contractors, owner, and licensors be liable for any indirect, special, incidental, economic, cover, consequential, exemplary or punitive damages arising out of the use of or intended use of the personal assistant, concierge, and errand serviced described herein, including, without limitation, damages or costs relating to the loss of profits, business, goodwill, data, time or computer programs, even if advised of the possibility of such damages. In no event will TW or his affiliates, suppliers, contractors, sub-contractors, owner, and licensors liability exceed €150.00 regardless of the form of the claim (including, without limitation, any contract, product liability, or tort claim). Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
  2. Client may terminate this Agreement within agreed upon terms by providing written notice to TW by electronic mail (email at thomaswinterstetter dot com) or written mail.
  3. Client shall not assign any of his/her rights under this agreement, or delegate the performance of any of his/her duties hereunder, without the express written prior consent of TW.
  4. For a period of two years from the last use of TW‘s services, Client, either personally or through another entity, shall not engage in any business activity that competes with TW, either whole or in part.

Entire Agreement

  1. You acknowledge that you have read this agreement, understand it, and agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between you and TW, which supersedes any proposal or prior agreement, oral or written, and any other communication between you and TW relating to the subject of this agreement.
  2. You agree that by using services provided by TW or his contractors, that you are bound by this Agreement. This Agreement evidences the complete understanding of the parties (you as the Client and TW) with respect to the subject matter hereof and may not be amended, modified or waived in whole or in part except in a writing signed by the parties.