The Customer Agreement serves as the foundational contract for businesses operating in Germany to establish and manage their relationships with customers. This document is essential for any business providing goods or services to customers in the German market, whether through traditional retail, online platforms, or service-based business models. The agreement must comply with stringent German legal requirements, including the Civil Code (BGB), consumer protection laws, and EU regulations such as GDPR. It typically includes comprehensive terms covering service delivery, pricing, customer rights, data protection, and dispute resolution. The Customer Agreement is particularly crucial as German law places significant emphasis on consumer protection and transparency in business-to-consumer relationships, requiring careful attention to mandatory legal provisions and clear presentation of terms.
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1. Parties: Identification of the business and customer, including full legal names and addresses
2. Background: Context of the agreement and brief description of the business relationship
3. Definitions: Clear definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of products or services being provided
5. Prices and Payment Terms: Pricing structure, payment methods, and payment terms
6. Rights and Obligations: Core rights and obligations of both parties
7. Data Protection: GDPR-compliant provisions regarding handling of customer data
8. Term and Termination: Duration of agreement and termination provisions
9. Right of Withdrawal: Customer's statutory right to withdraw from the contract (Widerrufsrecht)
10. Liability and Warranty: Limitations of liability and warranty provisions in accordance with German law
11. Force Majeure: Provisions for unforeseen circumstances affecting contract performance
12. Governing Law and Jurisdiction: Specification of German law and jurisdiction
13. Severability: Standard salvatory clause (Salvatorische Klausel)
1. Intellectual Property Rights: Include when the service involves software, content, or IP licenses
2. Confidentiality: Add when sensitive information will be exchanged
3. Service Levels: Include for technical or ongoing services with specific performance requirements
4. Change Management: Add for long-term services where changes might be needed
5. Insurance: Include for high-risk services or when required by industry regulations
6. Compliance: Add when specific regulatory compliance obligations exist
7. Subcontractors: Include if third-party service providers may be involved
8. Quality Assurance: Add for products or services with specific quality standards
1. Service Specification: Detailed technical specifications of products or services
2. Price List: Detailed pricing information and fee structure
3. Data Processing Agreement: Detailed GDPR-compliant data processing terms
4. Service Level Agreement: Detailed service levels and performance metrics
5. Withdrawal Form: Standard form for customer's withdrawal right (Widerrufsformular)
6. Contact Details: List of key contacts and escalation procedures
7. Technical Requirements: Technical specifications or requirements for service use
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