Business terms and conditions

1.1 These terms apply to cleaning services provided by DMA Gebäudereinigung UG (haftungsbeschränkt), Altkönigstraße 13, 65779 Kelkheim am Taunus (“DMA”), to customers acting in the course of their commercial or independent professional activities as businesses within section 14 of the German Civil Code (BGB). They do not apply to consumer contracts.

1.2 These terms cover one-off and recurring cleaning services, including expressly agreed additional work. Whether the statutory rules on contracts for work, service contracts or another contract type apply depends on the substance of the agreed obligations. Recurring work is not classified as a service contract merely because it is performed regularly.

1.3 These terms form part of a contract when their application is agreed at its formation. DMA supplies the identified version before the quotation is accepted. A non-binding website enquiry or a later website update does not amend existing contracts. Conflicting or additional standard terms of the customer are incorporated only by agreement; individual agreements always take priority under section 305b BGB.

2.1 Unless the quotation specifies a different acceptance period, DMA is bound by it for 14 calendar days from its date. That date is not counted and statutory time-limit rules remain applicable. Acceptance must reach DMA within the period. Late acceptance or acceptance containing changes requires DMA’s renewed agreement. A contract is formed by timely acceptance or other matching declarations; a record in text form, such as email, is recommended.

2.2 For a specific request for a quotation, an initial site visit agreed with DMA, recording the main requirements, initial professional advice, assessing the scope and preparing an individual quotation are generally free of charge. This also applies if the customer does not accept the quotation.

2.3 This does not provide unlimited additional specialist advice, planning, surveying or documentation. Any charge requires an express agreement on the additional work and its price or pricing basis before work begins. The summary specification and the detailed specification forming part of the engagement are not charged separately.

3.1 The agreed scope must be sufficiently identifiable from the accepted quotation and the documents incorporated when the contract is formed. For recurring services, a concise summary may be used, identifying the property, areas, tasks and frequencies to the extent needed to define the quoted services.

3.2 After acceptance, where envisaged or necessary, a detailed property-specific specification is prepared and agreed with the customer. It may describe rooms or room groups, surfaces, tasks, frequencies, periodic work, attendance times and special requirements. The identified version becomes part of the contract documents by mutual agreement. The scope already agreed remains applicable until then.

3.3 The detailed specification clarifies the agreed scope. Every change to that scope and its pricing consequences requires agreement. After individual agreements, conflicting documents that have been validly agreed rank as follows: the contract and mutually agreed order confirmation; the agreed specification and incorporated attachments; the accepted quotation and summary specification; these terms. Later mutually agreed changes apply to the points expressly changed. A unilateral confirmation or a specification not yet agreed does not amend the engagement. Website samples are guidance and do not become contract documents merely through publication or a link.

4.1 DMA performs the agreed services professionally and with care, observing applicable safety, hygiene and occupational safety requirements. DMA is responsible for staffing and organising its work. Property-specific safety and outcome requirements are agreed with DMA and do not confer an employment-related right to direct DMA’s staff.

4.2 Unless otherwise agreed, DMA supplies the cleaning products and equipment required for the services. Products or hygiene plans supplied by the customer are checked for suitability for the intended use. Subcontracting material parts of the services is agreed with the customer in advance; DMA remains responsible for fulfilling the contract.

4.3 Property-specific guidance and safety warnings may also be given directly to the staff carrying out the work. Changes to the scope, additional orders and lasting changes to attendance times are instead agreed with DMA or its authorised site manager. An individual cleaner is not authorised to amend the contract merely by being assigned to the property.

5.1 The customer provides timely access as agreed, supplies the necessary access media and alarm or security instructions, and keeps the agreed areas reasonably accessible. Necessary water and electricity connections are made available free of charge unless otherwise agreed. Unusual obstructions and operational changes are reported in good time.

5.2 The customer informs DMA in good time of known hazards, sensitive materials, coatings, natural stone, pre-existing damage and manufacturer instructions where relevant to the work and not readily apparent to DMA. DMA remains responsible for professional assessment and choosing suitable methods. Where there are reasonable doubts, material suitability, test areas or further measures are agreed before the affected work is carried out.

5.3 For suitable properties, the parties may record the initial condition and visible pre-existing damage in a report, notes or appropriate photographs. This supports traceability, does not generally exempt DMA from liability and does not change the statutory burden of proof. People, confidential documents and unnecessary data should not be recorded. Contributory fault is governed by law.

6.1 If agreed work is obstructed, the parties notify each other promptly and agree reasonable replacement dates or adjustments. DMA records the affected areas and does not mark unperformed work as completed. Affected work may be paused while a specific safety risk is clarified; any rights to a price reduction, damages or other remedies remain unaffected.

6.2 Where access is missing, waiting time arises or other cooperation is not provided, claims for payment, compensation or damages depend on the contract and applicable law. Additional effort must be explained transparently; saved expenses and alternative earnings are deducted as required by the relevant statutory rules. The same expense is not charged twice. Obstruction alone does not mean that work which was not performed is treated as completed.

7.1 Before additional or changed work is performed, authorised contacts agree on it, preferably in text form, specifying the work, price or pricing basis and timing. A request for a change does not automatically extend the agreed scope. Necessary urgent measures and statutory claims are not excluded.

7.2 DMA is informed in good time of added or removed areas or rooms, substantial changes in use or soiling, and changed hygiene requirements or frequencies. Necessary changes to scope, timing and fees are agreed jointly. For hourly or additional work, necessary materials, machinery, travel and disposal charges are also specified beforehand as a price or transparent pricing basis. Additional work not agreed is not automatically included in a fixed fee.

8.1 Concerns should be reported to DMA promptly and specifically, identifying the property, area, task and time of discovery. The parties compare the concern with the agreed contract documents. DMA is given a reasonable opportunity to investigate, including on site where necessary. Reporting a concern neither automatically constitutes an admission by DMA nor is a prerequisite for statutory rights to arise.

8.2 If an agreed service is defective, the remedy is determined by the applicable contract law. Where corrective performance is owed, it is provided without an additional charge and DMA bears the necessary expenses allocated to it by law. Any opportunity and reasonable period to remedy apply only to the extent required by law. Statutory exceptions, including unreasonable or failed corrective performance, and rights to self-remedy, price reduction, withdrawal or damages remain unaffected.

8.3 No fee is charged for the ordinary investigation of a concern merely because it is not substantiated. Charges for separately requested additional work require prior express agreement. Any statutory claim for damages due to a culpable breach of duty remains unaffected; an unsuccessful complaint alone does not establish such a claim. No shortened complaint or limitation periods are imposed.

9.1 Suspected damage connected with the work should be reported to DMA without undue delay after discovery, where possible within 24 hours. This is an operational reporting and cooperation requirement, not a time limit barring claims. A later report does not automatically extinguish statutory rights.

9.2 Reports should preferably be in text form and identify the area or item, describe the damage and state when it occurred, if known, and when it was discovered. Suitable existing photographs or before-and-after records may be provided; their absence does not bar claims. The customer reasonably assists the investigation and mitigation. Necessary protective or urgent measures must not be delayed while awaiting an inspection. The statutory burden of proof remains unchanged. Consequences of a culpably late report are assessed only under the statutory requirements; there is no general exemption from liability.

10.1 DMA has unlimited liability under applicable law for intent and gross negligence and for culpably caused death or personal injury. The same applies to mandatory statutory liability, including under the German Product Liability Act, and fraudulently concealed defects. An expressly assumed guarantee remains effective according to its terms.

10.2 For ordinary negligence, DMA is liable for breach of essential contractual obligations, limited to the loss typical of the contract and foreseeable when it was concluded. Essential obligations are those necessary for proper performance and on which the customer may normally rely, including the agreed cleaning and careful handling of the items being worked on and entrusted access media. Otherwise, liability for damages due to ordinary negligence is excluded unless paragraph 10.1 applies.

10.3 The above limits also apply for the benefit of DMA’s legal representatives, staff and persons engaged to perform its obligations. They do not limit rights to contractual performance, corrective performance or a price reduction and do not change the statutory burden of proof. Liability is not generally capped at an insurance limit or coverage amount.

11.1 Where the agreed obligations are governed by the law on contracts for work and acceptance applies, the statutory acceptance rules, particularly section 640 BGB, apply. A joint inspection and written record are recommended. These terms do not introduce an additional deemed acceptance merely through use, payment or silence. Recurring services are not automatically subject to acceptance after each visit.

11.2 If the customer accepts defective work while knowing of the specific defect, rights under section 634 nos. 1 to 3 BGB regarding that defect are retained only if reserved at acceptance, as provided by section 640(3) BGB. Unknown, latent or subsequently discovered defects are not generally excluded. Claims for damages are assessed separately under their statutory requirements. An acceptance record does not create a wider waiver.

12.1 The agreed prices apply, plus statutory VAT where applicable. Unless otherwise agreed, recurring services are invoiced monthly after the service month. One-off services are invoiced after performance and, where legally required, acceptance. Agreed interim payments remain unaffected.

12.2 Where a constant monthly fee is agreed, the price for the agreed annual scope is divided into twelve monthly amounts. The quotation or contract documents identify the cleaning days, public-holiday arrangements and agreed shutdown or closure periods already taken into account in that price. Different numbers of working days in individual months do not change that fee. Work on public holidays or replacement visits for omitted dates are owed only if agreed.

12.3 Additional closures, cancellations or changes in scope not already taken into account are agreed separately with their pricing consequences or dealt with under applicable law. A monthly fee alone does not cover missed performance for which DMA is responsible; the customer retains statutory rights. An internal monthly factor or estimate of hours does not replace the agreed scope.

12.4 Unless a different payment period has been agreed, the invoice is payable within 14 calendar days after receipt, but not before the statutory requirements for payment to become due are met. If these are not yet met when the invoice arrives, the period starts when they are met. The triggering day is not counted and statutory time-limit rules apply. Different invoice terms apply only if agreed or if DMA grants a longer payment period; an invoice does not unilaterally shorten an agreed period.

12.5 Late payment is governed by section 286 BGB. A reminder is required only where the law requires one; statutory cases in which default occurs without a reminder remain unaffected. Business-to-business payment claims carry statutory default interest, currently nine percentage points above the base rate, and, where the requirements are met, the EUR 40 statutory fixed sum under section 288 BGB. Required offsets and claims for further loss caused by late payment remain unaffected.

12.6 In the event of substantial and continuing payment default, DMA may suspend ongoing services after prior notice and expiry of a reasonable period to remedy the default only to the extent that a statutory right to withhold performance exists. Contractual duties to perform first, justified amounts withheld by the customer and proportionality must be taken into account. Suspension does not automatically entitle DMA to full payment for omitted services.

12.7 Set-off and rights to withhold performance are governed by law. These terms do not introduce additional restrictions, particularly on counterclaims arising from the same contractual relationship or on withholding a reasonable amount where services are defective.

13.1 If material wage, collectively agreed pay, employment-related, materials or energy costs relevant to the agreed work change substantially, either party may request discussions on a reasonable price adjustment. Changes must be explained transparently, taking cost reductions and offsetting developments into account alongside increases. The agreed scope and actual cost impact are decisive.

13.2 These terms do not permit unilateral price changes. A new price and its effective date apply only after agreement; silence is not consent. Until then, the agreed prices and services continue to apply. Statutory rights, including those relating to a fundamental change of circumstances, and agreed termination rights remain unaffected.

14.1 Unless otherwise agreed in the individual contract, recurring cleaning contracts continue for an indefinite period. An initial three-month phase runs from the agreed service start date, calculated under the statutory time-limit rules with the start day included. For example, a phase beginning on 1 November ends at the close of 31 January. It does not permit unilateral changes to the scope.

14.2 During the initial phase, either party may terminate on 14 calendar days’ notice to any day. The notice must be received during that phase; the termination date may fall after its end. Notices received after the initial phase require three months’ notice to the end of a calendar month, equally for both parties. There is no automatic renewal for a further fixed term.

14.3 Termination notices must be in text form, such as email, unless a mandatory stricter form applies, and must reach the other party. Either party’s right to terminate for good cause, particularly under section 314 or 648a BGB, remains unaffected. Other applicable statutory termination rights, including section 648 BGB, also remain unaffected, with their statutory payment and deduction consequences and no additional fixed charge under these terms. Applicable statutory termination and payment rules also apply to one-off contracts for work; no additional fixed cancellation charge is agreed.

15.1 The handover and return of keys, transponders and cards are recorded. DMA keeps and uses access media and credentials carefully, solely for the agreed purpose and protected against unauthorised access. They may be used only by persons authorised to perform the contract; copies or use by further third parties require the customer’s prior consent. Loss or suspected misuse is reported without undue delay and necessary safeguards are coordinated. Liability is governed by section 10.

15.2 The parties keep non-public business information, business records, access credentials and confidential information encountered incidentally during the engagement confidential, including after the contract ends. DMA places corresponding obligations on staff and approved third parties. Statutory disclosure duties and necessary protection of legal claims remain unaffected. Cleaning work involving only incidental access to personal data does not by itself constitute processing on behalf of the customer; any necessary special agreements are concluded separately for relevant additional activities.

15.3 Entrusted access media, equipment and records are returned without undue delay when the contract ends, and access permissions are closed in coordination with the customer. Statutory retention duties and necessary preservation of legal claims are taken into account for data and records; personal data no longer needed are otherwise deleted as required by law. Statutory rights are not generally excluded.

Privacy notice for customers and business contacts

16.1 German law applies. No blanket exclusive jurisdiction clause is agreed for all business customers; statutory jurisdiction rules apply. Any special jurisdiction arrangement requires a separate agreement permitted by law.

16.2 The German version is the governing contractual version if the parties agree this when the contract is formed. The English version assists English-speaking business customers; a different contractual language may be expressly agreed. Displaying a language version does not itself determine the contractual agreement.

16.3 Changes should be recorded in text form. The priority of individual agreements and mandatory formal requirements remain unaffected. Invalid or non-incorporated terms are governed by section 306 BGB; no automatic substitution with the commercially closest clause is agreed.