Validity and inclusion of the GTC
1.1 The following General Terms and Conditions (GTC) apply for business transactions between Viva FamilienService GmbH (hereinafter referred to as “Viva FamilienService”), and its customers.
1.2 Within the framework of an existing business relationship, these GTC shall also apply if no separate reference is made to them in an individual transaction.
1.3 Deviating terms and conditions of the customer are not accepted.
1.4 These GTC shall apply subordinate to any framework agreement concluded with the Customer or other individual agreements made with the Customer (together hereinafter referred to as “Agreement”).
Scope of services of Viva FamilienService
2.1 The scope of services is exclusively based on the services that Viva FamilienService has agreed upon with its customers.
2.2 If the client is a company (hereinafter referred to as the “Company”) that wishes to enable its employees (hereinafter referred to as the “Client”) to use the services of Viva FamilienService, the Clients may only use these services as long as the framework agreement concluded with the Company exists with Viva FamilienService.
Warranty and liability
3.1 As far as the procurement of care personnel, therapy places or facilities is concerned, Viva FamilienService is only responsible for the effort to establish a contact, not for the success. Viva FamilienService is not liable if no suitable caregiver, facility, or suitable therapy place is available or if no contact is made.
3.2 Viva FamilienService endeavors to ensure that correct information is provided in the registrations and/or profile questionnaires of the caregivers and in the listing of care places and therapy places within the scope of the pilot service. Nevertheless, Viva FamilienService cannot guarantee this. Likewise, Viva FamilienService is not responsible for illegal actions of the caregivers, psychotherapists, psychologists, social pedagogues, and other persons referred within the scope of the pilot service, as well as for technically justified transmission delays or failures.
3.3 Viva FamilienService shall only be liable for ordinary negligence in the event of injury to life, body or health by Viva FamilienService or a vicarious agent of Viva FamilienService as well as in the event of a breach of an obligation that is essential for achieving the purpose of the contract (cardinal duty). In the case of a breach of an essential contractual obligation caused by ordinary negligence, the liability of the contractor is limited in amount to the damage that is foreseeable and typical according to the nature of the business in question. Otherwise, Viva FamilienService is liable only in case of intent and gross negligence of Viva FamilienService or one of its vicarious agents. Caregivers and counselors/therapists arranged within the framework of the psychosocial pilot service are not vicarious agents.
Changes to the GTC
Viva FamilienService is entitled to change these GTC at any time. Changes will be communicated to the customer by sending the complete new terms and conditions by e-mail with explicit reference to the changes, and the customer will be asked for written consent. If there is no agreement on the changes, the parties will agree on the way of continuing the business relationship within one month; if this agreement finally fails, each party has the right to terminate the contract with a notice period of one month to the end of the month.
5.1 These GTC are subject to German law. The place of jurisdiction is the registered office of Viva FamilienService GmbH, as far as the customer’s a merchant.
5.2 Should any provision of these GTC be or become invalid, the remaining provisions shall remain unaffected. The ineffective provision shall be replaced by such a provision that comes closest to the meaning and purpose of the ineffective provision in a legally effective manner. In the same way, any loophole in the GTC shall be closed.