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General Terms and Conditions for Agents of the Service of OnSite ImmoAgent GmbH

1. Application

(1) These Terms and Conditions (hereinafter “GTC”) govern the placing and execution of orders by agents for the OnSite ImmoAgent service offered by OnSite ImmoAgent GmbH (hereinafter “OnSite”).

(2) OnSite offers its clients the inspection of commercial properties and their surroundings. This includes the delivery of a documentation of the property with descriptions and pictures. Optionally, the service can be supplemented with a site profile.

(3) For the service, OnSite uses a nationwide crowdsourcing network of agents. Via the internet platform ImmoAgenten (hereinafter referred to as “App”), OnSite commissions agents registered with the platform to visit the properties and their surroundings and to create descriptions and images on site.

2. Registration as an agent/user account

(1) The agent registers free of charge in the ImmoAgenten app (iOS) or on the website. The data requested in the process must be complete and correct. They include the first and last name, a current address (no P.O. Box), telephone number, the agent’s e-mail address, current profession/studies and the desired radius of the viewings.

As soon as the agent’s registration data changes, it must be corrected immediately in the user account. After completing the registration, the agent can use the app.

(2) The agent has no legal claim to registration, activation and use of the app. Registration is only permitted to natural persons of unlimited legal capacity. Minors may not register as agents. Each agent may only have one user account, a transfer is not possible.

(3) OnSite reserves the right to partially or completely discontinue the App at any time and to interrupt or permanently terminate the cooperation with the Agent. Termination may occur in particular (and also without notice) if the Agent provides false information during registration. An agent who has been temporarily or permanently suspended is not entitled to register again.

(4) The agent may close his user account at any time.

(5) The agent works as an independent contractor on a freelance basis and works on his own account. He is not subject to OnSite’s right to issue instructions. He is free to arrange his working hours and is responsible for the procurement of his working materials. No employment or employment relationship subject to social security contributions shall be established between OnSite and the Agent. The agent is aware that freelance work is not subject to social security contributions. Accordingly, OnSite does not deduct wage tax or social security contributions from the remuneration. The agent is responsible for sufficient insurance cover as well as old-age and health provision.

3. Placing of orders and conditions

(1) After registration in the app, the agent can receive, accept and execute orders. The use of this app is subject to the terms of use to which the agent agrees upon registration. In exceptional cases, orders will be placed by OnSite via email in consultation with the agents.

(2) Via the app and the agent’s associated location data or, in exceptional cases, by e-mail, the agent is informed about existing orders in his environment. This information contains the order description, in particular the type of object to be inspected (exterior, interior, environment), the address and the time of the inspection, the requested order data, which are necessary for the fulfilment of the order, as well as the amount of the remuneration. The address given in this process is provided by the client and is not verified by OnSite, OnSite is therefore not responsible for the accuracy of the address. If the agent accepts an order, he undertakes to carry it out. The order will not be offered to other agents from that point on. In the event that the agent is prevented from executing the accepted order, the agent has the option of cancelling the order before the end of the execution period. If the agent does not execute the order or does not execute it completely, OnSite will reassign the order. The Agent shall not be entitled to subsequent performance or a re-offer of the Order.

(3) OnSite reserves the right to assign certain orders directly to agents. Such orders will not be displayed to other agents via the App.

(4) The number, remuneration and allocation of orders fluctuate with the order situation and according to the wishes of the customers. Therefore, OnSite does not guarantee the availability of orders, their frequency or a specific level of remuneration.

4. Execution of the Order

(1) Orders can only be executed via the App or, in exceptional cases, by means of an electronic questionnaire. The order data of an executed order can only be transmitted to OnSite by this means, unless the order description expressly stipulates otherwise.

(2) The agent undertakes to ensure the correctness and accuracy of the recorded order data when carrying out an order. By transmitting the order data to OnSite, the agent confirms that it has recorded all data correctly and in accordance with the order.

(3) The Agent undertakes not to disclose the contractual relationship with OnSite and the origin of the Order and not to transmit any Order Data to third parties, in particular not to customers of OnSite and other agents, in the course of the execution of the Order. In the event of violations, OnSite may assert claims for damages against the agent and exclude him from using the App.

(4) The agent undertakes to destroy all order data as well as the information created in the course of the execution of the order (in particular photos) within a period of 2 weeks after receipt of payment (of the agreed remuneration by the agent). This does not apply to order data and information that must be retained due to legal regulations.

5. Remuneration and payment

(1) When the agent submits the order data for the accepted order, OnSite will check within 48 hours whether the agent has carried out the order properly. If the Order Data complies with the requirements of the relevant Order, the Agent shall be entitled to invoice OnSite in the amount of the remuneration agreed with OnSite in the Order.

(2) The remuneration shall be made on the agent’s invoice. The agent undertakes to send the invoice to OnSite within the next ten working days after completion of the order.

(3) If the payment transaction data provided by the agent is incorrect, OnSite will charge an expense allowance of EUR 5.00 for failed payouts that require a new instruction. These additional costs will be deducted from the payment amount.

(4) The agent himself is responsible for the proper tax treatment of the remuneration. The agent is not entitled to charge expenses.

6. Rights of use

(1) The agent is responsible for ensuring that he has all rights with regard to the order data he transmits and that no rights of third parties are violated. If, for example, images are to be transmitted to OnSite on which other persons besides the agent can be recognised, the image files may only be transmitted with their consent.

(2) OnSite is entitled to all rights to the services rendered by the agent during the execution of the order. The agent grants OnSite an exclusive, irrevocable as well as temporally and spatially unrestricted right of use and exploitation to the commissioned services and service results, in particular order data, descriptions and images, for all types of use, whether known or still unknown, now or in the future. This includes, in particular, the right to reproduce, edit, distribute, publicly reproduce and exploit. OnSite is entitled to transfer its rights of use and exploitation to third parties as well as to license rights of use and exploitation without the separate consent of the Agent. The Agent waives vis-à-vis OnSite and its customers the assertion of its moral rights and other copyrights, in particular the naming as author. All claims of the agent for the granting of the rights are settled by the contractual remuneration.

(3) The Agent undertakes not to transmit to OnSite any Order Data, Content or messages that

  • are immoral, pornographic, racist or otherwise offensive,
  • are unobjective or deliberately untrue,
  • infringe the rights of third parties, in particular copyrights and personal rights,
  • otherwise violate applicable laws or constitute a criminal offence.

If third parties assert claims for damages against OnSite due to a breach of this provision, the Agent shall indemnify OnSite against such claims.

7. Liability

(1) The Agent has no claim for damages against OnSite. Excluded from this are claims for damages of the Agent arising from injury to life, body, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages which are based on an intentional or grossly negligent breach of duty of OnSite, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.

(2) In the event of a breach of material contractual obligations, OnSite shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless it concerns claims for damages of the agent arising from an injury to life, body or health.

(3) The restrictions of paragraphs (1) and (2) shall also apply in favour of the legal representatives and vicarious agents of OnSite if claims are asserted directly against them.

(4) The limitations of paragraphs (1) and (2) do not apply in case of fraudulent intent or assumption of a guarantee on the part of OnSite. The provisions of the Product Liability Act remain unaffected.

8. Data protection

All regulations and information on data protection can be found in the data protection declaration for agents. Its current version is always available on the website https://onsite-immoagent.de/agenten/en/privacy/.

9. Final provisions

(1) Any terms and conditions of the Agent that deviate from these GTC will only become part of the contract if this has been expressly agreed in writing. OnSite reserves the right to update these GTC from time to time and to amend them for the future. The Agent agrees to any changes to the T&C, other than material contractual obligations, with effect for the future. The current version of the GTC is always available on the website https://onsite-immoagent.de/agenten/en/.

(2) These GTC and the contractual relationship between the Agent and OnSite shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. If the agent is a merchant within the meaning of the German Commercial Code, a special fund under public law or a legal entity under public law, Berlin is the exclusive place of jurisdiction for all disputes arising from these GTC and the contractual relationship.

(3) Should any provisions of these GTC or parts thereof be or become invalid or unenforceable in the future, the remaining provisions of these GTC shall remain unaffected. The same applies to any loopholes. The parties shall replace the invalid or unenforceable provision with a provision that comes as close as possible to the economic purpose of the invalid or unenforceable provision.

Even if these GTC (AGB) are translated into another language. Only the original German-language version of these General terms and Conditions are legally binding.