Terms and Conditions:

Terms of use - Debt collection

§1 Performance

1. TimoCom Soft- und Hardware GmbH will take action exclusively aimed at supporting the Customer in the collection of the Customer’s net invoice amount. TimoCom shall, at its reasonable discretion, request the Debtor to comment and/or settle the outstanding claim.
2. TimoCom does not give a warranty for the success of its intervention.
3. Any payments, credits, or set-offs effected by Debtor subsequent to the intervention shall be deemed as a positive outcome of said intervention unless the Customer proves to TimoCom within 2 weeks of the advised date of payment that the claim has not been settled.
4. Customer shall at any time be entitled to take alternative action aimed at collecting the debt.

§2 Remuneration

1. The invoice is due for immediate payment upon receipt.
2. TimoCom is entitled to offset funds received from its debtor against claims to itself from the customer (interbank current account transactions)
3. TimoCom reserves the right to collect the invoice amount together with other invoices provided that the Customer, in the course of regular business, has already issued a direct debit authorisation to TimoCom. Customer hereby authorises TimoCom to collect any undisputed invoice amount from the named account.

§3 Duration

1. The Customer shall be bound by his order for 3 working days. The contract shall come into effect upon acceptance of the order on the part of TimoCom. Acceptance does not require any particular form and the order may be accepted by implication. More specifically, the agreement shall be deemed to have been accepted by TimoCom if TimoCom can prove that it has intervened with the Debtor during this time.
2. The Customer may terminate the order by giving 2 weeks’ notice. In the event that any proceedings against Debtor have already been taken the Customer shall be under obligation to keep TimoCom informed regarding any payment resulting from such proceedings, and TimoCom shall maintain its entitlement to the agreed remuneration.
3. The right of each of the parties to terminate the agreement for serious non-compliance shall remain.
4. If, as a result of an intervention the Customer or Debtor lose or terminate their status as TimoCom customers, the Customer and TimoCom shall be entitled to rescind the Contract. In that case, the Contract shall be deemed cancelled with regard to the future.
5. If it is shown in the course of the intervention that the claim is in all probability unrecoverable, the intervention shall be terminated and Customer shall be notified accordingly. More specifically, the claim shall be deemed unrecoverable if it is contested, if it has been assigned, if it is before a court, if it is legally enforceable or if it is encumbered with rights of third parties or if the Debtor is unable to meet its obligations. In that event, the Contract shall be deemed cancelled with regard to the future.
6. The customer is obliged to support TimoCom with suitable information. Should TimoCom fail to receive the information required for processing the order within 14 days despite requests made, TimoCom is entitled to terminate the order and charge the basic fee or the performance-related bonus incurred up to that time.

§4 Liability

1. TimoCom is only liable for damage incurred by the customer through the acceptance or implementation of the contract in the event of gross negligence or intent. Any further liability of TimoCom is excluded.
2. The limitations or exclusions on liability in this contract for damages incurred by the customer do not apply in cases
a) of deliberate or grossly negligent action on the part of TimoCom,
b) of culpable violation of a major contractual obligation which jeopardizes fulfilment of the purpose of contract,
c) liability associated with fraudulent intent or concession of a guarantee,
d) liability based on compelling law, e.g. the German law governing product liability or
e) liability arising from culpable injury to life, physical person or health
by TimoCom, its legal representatives or its servants
3. If the customer is an entrepreneur, liability in the cases outlined in paragraphs 2 lit. a) and b) is restricted, in the event of gross negligence, to the kinds of damage typically foreseeable at the time of signing of contract.
4. Customer shall make sure that the outstanding amount is due and undisputed and that TimoCom is provided with all necessary documents and information. Attention is drawn to the fact that the customer is only entitled to reimbursement from the debtor of the performance-related bonus for the intervention in the event of the latter being in arrears with delivery according to the cognizant legal order. Customer shall make its claim for compensation of such costs directly against the Debtor.
5. TimoCom reserves the right to destroy all documents which do not have to be kept and stored for legal reasons after termination of the procedure.

§5 Miscellaneous

1. All agreements must be made in writing.
2. If Customer is not a consumer, Düsseldorf shall be the place of performance and jurisdiction. German law shall be applicable.
3. If one of the provisions of this Contract shall be or become ineffective, this shall not affect the effectiveness of the other provisions or regulations. The parties undertake to replace the ineffective provision by an effective regulation that comes as close as possible to the purpose of the provision that has become ineffective.