Cleanmaps – as of: 11/2023
Scope and basis of the General Terms and Conditions
1.1. The following General Terms and Conditions (hereinafter GTC) apply only to entrepreneurs within the meaning of § 14 BGB (hereinafter customer). Cleanmaps (hereinafter referred to as the service provider) does not conclude any contracts with consumers within the meaning of § 13 BGB.
The service provider is active in the digital sales segment and management and provides various services. In particular, the notification as an intermediary / messenger of reviews requested for deletion on the review portal with the aim of having their authenticity verified.
This is expressly not legal advice. The service provider forwards the documents without checking them. No individual consultation is offered and the customer cannot request it either.
1.2. For reasons of better legibility, the masculine form is used for personal names and personal nouns in this document. Corresponding terms apply in principle to all genders in the sense of equal treatment.
1.3. The GTC are an integral part of the contract concluded between the customer and the service provider. Insofar as the customer invokes or contributes to the inclusion of his own general terms and conditions, this is already contradicted now.
1.4. If the parties have made individual agreements, these shall take precedence over the following provisions.
Conclusion of contract
2.1. A contract is concluded by an express verbal consent of the customer via means of distance communication or by written confirmation. This is preceded by the fact that the customer has agreed to his consent to the recording of the telephone conversation. Under certain circumstances, the customer may subsequently be contacted by another employee by telephone with a request to clearly confirm the conclusion of the contract. The customer is free to also confirm the conclusion of the contract in writing.
2.2. On the homepage of the service provider, the customer can find out about the general terms and conditions, data protection and imprint.
2.3. An essential field of activity of the service provider is the reporting of customer reviews that can be found on the Internet to the operator of the website (review portal).
2.4. The service provider shall contact the operator of the website on which the aforementioned reviews can be read in writing or also electronically and shall report them for verification of authenticity. The operator of the website (rating portal) decides and checks the rating himself, so he also decides for himself whether it is confirmed in authenticity or not.
2.5. In the following, the requests for complete deletion, partial deletion and modification of a review in the company profile, e.g. Google My Business is summarized under the term “deletion requests”.
2.6. Since the removal or modification of a review can only be carried out by the operator of the review portal or at the instigation of the author, the service provider itself will not eliminate or modify any content by technical measures.
2.7. The service provider supports requests for deletion only in a technical-administrative manner as a messenger by mediating to the operators of the website. For this purpose, the latter uses the information provided by the customer.
2.8. The service provider uses, among other things, electronic inquiry forms, such as those provided by the operator of the rating portal in accordance with its rating guidelines, performs paperwork and forwards correspondence transactions to the customer.
2.9. The Service provider does not provide legal services, as, for example, lawyers or debt collection companies do.
2.10. In particular, the service provider does not perform the following activities: independent examination of the facts and legal analysis, assessment and discussion of whether a fact can justify a claim for omission, deletion, damages, etc. in a specific individual case. Any necessary assignment of a lawyer is carried out by the customer at his own expense.
Contractual obligations of the customer
3.1. The customer undertakes to send the service provider all necessary documents related to the negative review in full and promptly.
3.2. The customer agrees to provide the specifically objected evaluation process, information provided, the conclusions about the author of the review (see above) in compliance with the relevant data protection regulations.
3.3. The data and templates necessary for the fulfillment of the order and provided by the customer will be processed for the specific purpose of the deletion order.
3.4. Requests for deletion for which the customer does not provide a relevant category according to the Google evaluation guidelines or a reason that makes the complaint visible will not be processed.
3.5. The service provider endeavors to process the customer’s request for deletion, for example in the Google My Business company profile, to the best of his knowledge and skills in order to restore the customer’s reputation.
3.6. Upon a written request from the customer, the service provider shall endeavour to communicate the status of individual or all deletion efforts in a timely manner. Such reporting takes place without the customer’s request with the completion of the processing.
3.7. The parties must observe and implement on their own responsibility the observance and observance of data protection in the sense of the DSGVO.
Execution of the services, Commissioned third parties, Change of the domain
4.1. The service provider is entitled to have the contractual services owed to the customer also provided by commissioned third-party contractors. This requires that the customer has been informed in advance and in a timely manner. If the customer does not agree, he must explain his refusal in writing, with the indication of valid reasons.
4.2. In the aforementioned case, the service provider has the right to change or adapt the internal domain, whereby the content of the contract must be of a consistent or adequate quality of service for the customer.
Payment of the service
5.1. In the event that we have agreed on a payment date or the payment deadline, the due date shall commence on the payment date or the expiry of the granted payment deadline.
5.2. For the individual billing case, it depends on the specific review. If the same person has several reviews or if several people have initiated reviews with the same content, they each count individually, so they are not treated as a unit. This also applies if the same person repeatedly initiates a deleted review with the same content.
5.3. The price agreement, unless it results from a contract drawn up in text form, is agreed by telephone (in the recording of the contract conversation in agreement with the customer). Only the service that leads to the deletion of a rating communicated by the customer will be billed.
5.4. The stated and agreed prices are net prices. The customer will additionally be charged VAT at the statutory rate.
5.5. The remuneration agreed and accrued in the case of a successful request for cancellation is due after receipt of the invoice by the customer after 7 days. Deviating payment agreements require the text form. Payments are to be made exclusively to an account specified to the customer by the service provider.
5.6 In the event of non-receipt of payment within the agreed period, we reserve the right to initiate a dunning procedure to claim the outstanding payment. The dunning procedure is carried out in accordance with the legal provisions and includes one stage.
If the payment is not made even after the dunning procedure has been completed, we reserve the right to take legal action to collect the outstanding claim. Additional costs (mast level 1 at € 29 and dunning level 2 at € 49), including interest on arrears and any lawyer’s fees, may arise, which are to be borne by the defaulting customer.
Please note that the initiation of a dunning procedure or further legal steps in the event of non-payment in no way precludes the assertion of further contractual claims or rights.
We strongly recommend our customers to make open payments on time to avoid possible delays or additional costs. If you have any questions about the dunning procedure or payment processing, we are happy to be at your disposal.
5.7. If the parties have made another agreement in writing, the payment owed must be paid by the customer without deduction immediately after the invoice has been received by the customer.
5.8. If the customer defaults on his payment obligation, the service provider is entitled to charge interest at the rate of 9% above the respective base interest rate of the European Central Bank (ECB) from this point on. The service provider reserves the right to prove a higher damage.
5.9. For the commissioned reviews, the placement will be arranged for deletion.
5.10.
Offsetting; Right of retention
The customer can only offset against the claims of the service provider if his counterclaim is undisputed or there is a legally binding title. Excluded from this are his counterclaims from the same contractual relationship. A right of retention can only be asserted if it is based on claims from the same contractual relationship.
Liability
7.1. The provision of the service can be dated by contract. The agreed time must be declared by both parties in writing by mutual agreement.
7.2. The service provider excludes liability for slightly negligent breaches of duty, unless damage resulting from injury to life, limb or health or guarantees or claims under the Product Liability Act are affected. Furthermore, the liability for the violation of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer may regularly rely, remains unaffected. The same applies to breaches of duty by the vicarious agents of the service provider.
7.3. The service provider assumes neither a guarantee nor liability for the uninterrupted, complete and error-free availability of their websites nor for a consistent quality. For the necessary duration of the necessary maintenance work and troubleshooting, only an estimate can be communicated in advance.
7.4. The obligation of the service provider usually begins with the conclusion of the contract.
7.5. If a legal entity under public law, a special fund under public law or an entrepreneur who acts in the exercise of his commercial or independent professional activity at the time of conclusion of the contract, claims for damages instead of performance in case of slight negligence are excluded
7.6. Due to force majeure, the parties, which may cause operational disruptions that temporarily prevent, through no fault of the service provider, the contractual
Contact
The customer agrees that the service provider will contact him in the future via means of distance communication. The customer may revoke the service provider’s consent at any time. A revocation will only become effective at a later date.
Binding to the contract
The customer is bound by the agreed payment obligation. The contract is concluded when the service provider confirms the acceptance of the order in writing to the customer. The service provider is also obliged to inform the customer immediately if his order could not be accepted.
Limitation of claims
10.1. The claims for poor performance described above become time-barred in accordance with the statutory provisions in the Civil Code, i.e. become time-barred after one year from the service provided.
10.2. The reduction of the limitation period does not apply to damages that are based on a grossly negligent or intentional violation of obligations by the service provider, its legal representative or vicarious agents, as well as in the event of injury to life, limb or health. If the service provider has to pay for damage caused by slight negligence due to the statutory provisions, the liability is limited. Liability exists only in the event of a breach of essential contractual obligations, such as those that the service provider’s contract specifically wants to impose in terms of content and purpose, or the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which you regularly trust and could trust. This liability is limited to the typical damage foreseeable at the time of conclusion of the contract. The personal liability of the legal representatives, vicarious agents and employees of the service provider for damages caused to the other contractual partner by slight negligence is excluded.
Applicable law and place of jurisdiction
Contracts between the parties are exclusively governed by the law of the Federal Republic of Germany to the exclusion of German conflict of laws and to the exclusion of all international and supranational (contractual) legal systems, in particular the United Nations Convention on Contracts for the International Sale of Goods of 11.04.1980 (CISG). The exclusive place of jurisdiction for all current and future claims arising from the business relationship, including with merchants, including claims for bills of exchange and cheques, is the registered office of the service provider.
Severability clause
Should a provision of this contract be or become invalid or should the contract contain a gap that needs to be filled in, this does not affect the validity of the remaining provisions.
Important note on the legal situation:
There is neither an agreed right of withdrawal for the contract concluded with us, nor a trial period or a legal right of withdrawal. Contracts are concluded with you as an entrepreneur (business enterprise, merchant or freelancer) and not as a consumer.