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Terms Of Business Agreement for Germany

Terms Of Business Agreement Template for Germany

A comprehensive Terms of Business Agreement governed by German law that establishes the fundamental framework for business relationships between a service provider/supplier and its customers. The document incorporates requirements from the German Civil Code (BGB), particularly §§ 305-310 regarding general terms and conditions, as well as relevant EU regulations including GDPR. It addresses key aspects such as contract formation, service delivery, payment terms, liability provisions, data protection, and dispute resolution, while ensuring compliance with German consumer protection laws and commercial regulations.

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What is a Terms Of Business Agreement?

The Terms of Business Agreement (AGB in German legal context) serves as the foundational document governing the business relationship between a service provider and its customers in Germany. This document is essential for any business operating in Germany, whether dealing with other businesses (B2B) or consumers (B2C). It must comply with strict German legal requirements, particularly the German Civil Code (BGB) provisions on general terms and conditions (§§ 305-310 BGB), consumer protection laws, and EU regulations including GDPR. The agreement typically covers all essential aspects of the business relationship, from contract formation to termination, and must be particularly transparent and fair to withstand scrutiny under German law, which has some of Europe's strictest requirements for standard business terms.

What sections should be included in a Terms Of Business Agreement?

1. Parties: Identification of the business provider and definition of the customer/client

2. Background: Brief context of the business relationship and purpose of the terms

3. Definitions: Clear definitions of key terms used throughout the agreement

4. Scope of Services: Clear description of the services or products covered by the terms

5. Contract Formation: Process and conditions for forming binding contracts under these terms

6. Rights and Obligations of the Provider: Detailed description of the provider's responsibilities and rights

7. Customer Obligations: Customer's responsibilities and requirements

8. Prices and Payment Terms: Pricing structure, payment methods, and payment terms

9. Delivery and Performance: Terms regarding service delivery or product provision

10. Warranty and Liability: Warranty terms and limitation of liability provisions in accordance with German law

11. Data Protection: GDPR and BDSG compliance provisions

12. Confidentiality: Provisions regarding confidential information handling

13. Term and Termination: Duration of the agreement and termination provisions

14. Final Provisions: Severability clause, governing law, jurisdiction, and entire agreement provisions

What sections are optional to include in a Terms Of Business Agreement?

1. Intellectual Property Rights: Required when the business involves IP-sensitive materials or creative works

2. Service Levels: Needed for businesses providing ongoing services with specific performance metrics

3. Change Management: Important for long-term service contracts where scope or specifications might change

4. Force Majeure: Recommended for businesses with physical delivery or time-sensitive services

5. Insurance: Important for high-risk services or products

6. Compliance with Laws: Necessary for regulated industries or specific compliance requirements

7. Subcontractors: Required when the business may use third-party service providers

8. Export Control: Necessary for international business or controlled goods

9. Quality Assurance: Important for manufacturing or technical services

What schedules should be included in a Terms Of Business Agreement?

1. Price List: Detailed pricing information and fee structure

2. Service Level Agreement: Detailed performance metrics and service levels

3. Technical Specifications: Detailed technical requirements or product specifications

4. Data Processing Agreement: Detailed GDPR-compliant data processing terms

5. Security Requirements: IT and data security specifications

6. Contact Details: List of key contacts and communication protocols

7. Compliance Requirements: Specific regulatory or industry compliance requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Germany

Publisher

Genie AI

Document Type

Service Contract

Cost

Free to use
Relevant legal definitions













































Clauses















































Relevant Industries

Retail

E-commerce

Professional Services

Technology

Manufacturing

Financial Services

Consulting

Software and IT

Healthcare

Education

Telecommunications

Logistics

Construction

Real Estate

Consumer Goods

Relevant Teams

Legal

Compliance

Sales

Business Development

Commercial

Operations

Customer Service

Risk Management

Finance

Corporate Governance

Account Management

Relevant Roles

Legal Counsel

Chief Legal Officer

Compliance Officer

Business Development Manager

Sales Director

Commercial Director

Contract Manager

Risk Manager

Chief Executive Officer

Chief Operating Officer

General Manager

Customer Service Manager

Operations Manager

Account Manager

Project Manager

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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