General terms and conditions

General terms and conditions

Copying, reprinting, storing, transcribing, and recording on storage and film media – even in part – is prohibited and violates copyright law, hereinafter referred to as “copyright”.

 
Table of contents: 

Introductory provisions:

1.0 Name and registered office of the company and its branches
2.0 Website, site owner’s copyright
3.0 Services of the company
4.0 Consultation, price lists, quotations & invoices, security deposits, order design, withdrawal, involvement of state investigating authorities, performance of the order, compensation for damages/contractual penalty, reminders, and statutory debt collection
5.0 Scope of validity, entering into effect, and termination 

 

1.0 Name and registered office of the company and its branches 

DSF DER SECURITYFUCHS GMBH
This name is legally protected and must not be used as a company name for other companies. 

Registered office:

1908 Davenport House
261 Bolton Road
Bury BL8 2NZ, UK

Company No. 9772303
Companies House, Cardiff

German branch
DSF DER SECURITYFUCHS GMBH
Fachdienste (FD) BGA und PSG
Französische Strasse 12
10117 Berlin

 

2.0 Website, site owner’s copyright 

The company uses the website, site owner’s copyright, downloads as well as the internet as a medium within the scope of the advertising presence. The website www.der-security-fuchs.de, including its entire content, is intellectual property of DSF DER SECURITYFUCHS GMBH according to copyright law, and, therefore, protected by copyright. It is forbidden to copy, imitate, or save the images and text content or the design, except for the approved downloads. This also applies to any partial copies or to individual images and texts. Violations will be prosecuted in accordance with the Copyright Act (Urheberrechtsgesetz).

These prohibitions do not apply to any downloads and the official links provided by us.


3.0 Services

All services provided by DSF DER SECURITYFUCHS GMBH are performed in a highly professional manner. The range of services includes training and continuing education of employees of private security services as well as operational security services with a focus on personal protection.

Training is structured as follows

Basic and fundamental training: Expert knowledge in the guarding trade, in accordance with § 34 a GewO

  • Post-qualifications: Certified Protection and Security Guard

  • Retraining: Service Worker for Protection and Security, Specialist for Protection and Security

  • Advanced training: Master of Protection and Security

  • Special courses

  • Open seminars and courses

Other special courses not specified here and tailored to the client are targeted at to commercial enterprises, organisations with security tasks, NGOs, and others.

Lecturers and trainers from the relevant professions are employed who have the necessary professional expertise and many years of experience in adult qualification.

Further services of the company in continuing education are

  • Paramedics

  • Service dog handlers

  • Crisis intervention teams

  • Security engineers

  • Crisis management and others.

Further services are not described here for reasons of data protection and security.
 

4.0 Consultation, price lists, quotations & invoices, security deposits, order design, withdrawal, involvement of state investigating authorities, performance of the order, compensation for damages/contractual penalty, reminders

4.1 Consultation
Initial consultation is free of charge in all service areas. 

4.1.1 Initial consultation of the potential client will be performed by the employees charged with this task by the management and, in the case of major clients, only by the authorised representative of the company or the management directly. 

The potential participant has no legal claim to know all circumstances and special working methods of the company, insofar as these are subject to special confidentiality regulations in the initial consultation.
Only the relevant contents of the booked training will be explained to the course participants due to the confidentiality provisions and special features of DSF DER SECURITYFUCHS GMBH.

All subsequent consultations and services are then subject to fees. 

In the case of continuing education measures, the payment terms are regulated in the participant contract and laid down separately.

4.1.2 For security reasons, further information on specific services can only be given to the client if the client has booked a course and this booking has been confirmed by the Company.

4.2 Quotations

Quotations will only be prepared for a client upon explicit request! 
Quotations generally are not binding invoices and must be sent to the client in writing. Quotations should not differ significantly from any subsequent invoices.
Both parties accept deviations of +/- 10% without mutual approval. Exceptions apply regarding estimation of the deployment time of employees as well as their deployed technology and equipment. These expenses vary from case to case and may differ significantly from the estimate. The client must be informed immediately if it is foreseeable that the quotation will deviate by more than 10% during the assignment because it cannot be interrupted for reasons of danger prevention or continuation of an event or to protect property, life, and limb. In such cases, a special report will be prepared in addition to the standard report. The client shall bear these increased costs.

Additional costs shall be borne by the client if they have not cancelled the order in writing although DSF DER SECURITYFUCHS GMBH has clearly informed them of this fact. 
There are no exceptions for the education centre and alarm and security technology areas. The 10% rule will apply there without any exception since incalculable factors do not exist.

Deployment of a security team is preceded by the creation of a security concept that forms the working basis for the client and the company and is to be implemented by both contractual partners. Anything else is Stipulated by the security concept, which constitutes the content of the contract in accordance with § 611 BGB.
The costs for preparation of the security concept shall be borne by the client.

4.3 Security deposits

4.3.1 The company will generally charge a security deposit amounting to 50% of the amount calculated in the quotation in order to protect DSF DER SECURITYFUCHS GMBH from payment defaults and to cover the costs of performance of the order. The amount will be calculated based on the risk assessment for returning clients.

4.3.1.1 The client must deposit the amount before commencement of the assignment, within five banking days, in the case of short-term assignments with the placement of the order and after confirmation of the service contract by DSF DER SECURITYFUCHS GMBH, either in cash at the office or by bank transfer to the company’s business account. Exceptions will not be approved. 

4.3.1.2 The security deposits are to be transferred to the following account
..........................................................................................................
………………………………………………………………………………………….…
..........................................................................................................

exclusively. 

Of course, the client’s security deposit will be credited to the total amount of the invoice after completion of the order, so that only a balance to be paid or even a refund is due. 
Any further payment terms shall be part of the security concept or the service contract in accordance with § 611 BGB.

4.4 Price lists, cost rates
The price lists for the services are not published but are explained in detail to the client during the initial personal consultation. 
Settlement will take place in one-off flat rates, daily flat rates, and hourly flat rates. The settlement method to be used depends on the service ordered. The client cannot change this. 
Only the owner and the management of DSF DER SECURITYFUCHS GMBH are permitted to make changes. 

The client has no legal claim to discounts. Discounts can only be granted by the owner or the management of the company.
We would like to explicitly point out that our employees receive hourly rates that are significantly higher than the collectively agreed rates in order to ensure excellent quality assurance.

4.5 Registration, booking confirmation, and obligation of the registering party to pay in advance

Registration for the course always takes place in writing, either by returning the signed registration forms sent by DSF DER SECURITYFUCHS GMBH, your online registration, or in a personal visit.

You will receive the registration confirmation for a course at the end of your information day at our premises, where the content of the course will be discussed and the training contracts signed. The confirmation will be handed over or delivered to the registering party in written form after they have signed the training contract. 

After delivery of the registration confirmation, a legally valid contract has been concluded. The registering party is obligated to pay the course fee using the SEPA transfer form enclosed with the registration confirmation within five working days. 
The following account is to be used for this exclusively: 

…………………………………………………………………………
…………………………………………………………………………
…………………………………………………………………………


4.6 Return of an order/ withdrawal from a contract 

DSF DER SECURITYFUCHS GMBH will withdraw from an order if it becomes known that the client

  • has not paid the course fee or has not paid it on time 

  • has committed a criminal offence 

  • has concealed essential facts and information when placing the order which cast sustained doubt on the legal claims of the principal 

  • is known to be unwilling to pay 

  • acts in breach of contract or declares the contract null and void without stating clear, verifiable facts that the company has committed legal violations during the performance of the contract 


4.7 Involvement of state investigating authorities

DSF DER SECURITYFUCHS GMBH reserves the right to involve state investigating authorities if

  • it can be expected that the principal will use or has used the enterprise as a cover for the preparation of misdemeanours or criminal offences because they have acquired the necessary expertise there 

  • it becomes known during the training that crimes are to be or have been committed. 

  • any other criminal offences are imminent or have been committed 
     

The client’s approval will not be required in any case. DSF DER SECURITYFUCHS GMBH shall then have no duty to inform its clients.

4.8 Performance of the order

DSF DER SECURITYFUCHS GMBH performs its orders to the best of its knowledge and belief and generally in strict compliance with the applicable laws of the respective country of deployment or training and the UN Convention on Human Rights. 
The company strives to conduct the courses and client assignments in a highly professional manner.
We explicitly and emphatically point out that DSF DER SECURITYFUCHS GMBH does not provide any mercenary training. We strictly distance ourselves from any security service providers who train mercenaries in order to make them available to protect the interests of one of the warring parties in armed conflicts. 

4.8.1 Withdrawal/termination

Withdrawal from an order is not possible for either party after written confirmation without further measures. 
The client and DSF DER SECURITYFUCHS GMBH must only withdraw from the order in the course of a legally binding performance of the order if force majeure is responsible for preventing performance of the order and/or making it no longer appear reasonable and this can be proven. The provisions stipulated in item 2 of these provisions shall apply without dispute.

Termination of the contract shall require written form and must be sufficiently and comprehensibly (provably) substantiated by the terminating contracting party. A generally held reason is not relevant and does not lead to the cancellation of the contractual obligations.

4.8.2 Force majeure

Force majeure includes, for example, the weather-related cancellation of an event by the client due to a storm warning.
Force majeure shall not apply if the client orders a less expensive service even though they have already received a verbal or written order confirmation from DSF DER SECURITYFUCHS GMBH.
In particular, it shall not be considered force majeure if projects have been ordered but not yet paid for or if payments allegedly cannot be made because the client is suddenly no longer solvent, even though the real estate/property assets owned by the client enable them to take out a mortgage, for example. 
 
4.9 Compensation for damages/contractual penalty

The customer/client is obligated to pay damages (contractual penalty) in the amount of the calculated total sum of the order if they

  1. cancel the order after having received the order confirmation from DSF DER SECURITYFUCHS GMBH.

  2. have disregarded or continue to disregard the obligation to provide a security deposit in accordance with these T&C and despite a reminder.

  3. have failed to pay the security deposit by the date specified in the payment reminder.

  4. have met the prerequisites in accordance with these T&C. 

  5. evade their obligations to cooperate as a trainee or violate the course regulations and thus withdraw from the contract or frustrate its fulfilment without giving reasons.

Premature termination of the contract by the client without verifiable legal reasons shall also result in a contractual penalty at the full amount of the contract. 
The reason that the training institution is not supporting the registering party as a company or private individual shall not be sufficient to prematurely terminate a legally concluded contract if DSF DER SECURITYFUCHS GMBH completes its order loyally and in compliance with the law. 

In the case of a breach of the provisions set out in these T&C, the client shall pay the full amount of the invoice set out in the offer as a penalty.
DSF DER SECURITYFUCHS GMBH is only obligated to pay damages if the company has not fully performed the training order (course) due to gross negligence or has not provided the services promised to the client. Withdrawal from the course for cause is possible.
Neither the client nor DSF DER SECURITYFUCHS GMBH shall be obligated to pay damages if force majeure has prevented the successful performance of a contract. 

4.9.1 Dunning procedure and enforcement

Clients who do not pay on time without giving comprehensible reasons shall receive only one reminder from the company.

The client will have seven working days to settle their liabilities towards DSF DER SECURITYFUCHS GMBH after a reminder for late payment has been sent to the client by registered mail.

After expiry of the above deadline, official enforcement may be initiated without further notice and the client may be put in default with the usual default interest rate (within the Federal Republic of Germany) of 5% as of the date of invoicing. The costs of the dunning and enforcement proceedings shall be borne by the client.

If enforcement is unsuccessful, a debt collection agency may be charged with successfully collecting the debt.

No reminders will be sent for any contractual penalties! Enforcement will be initiated immediately if the defaulting contracting party has allowed the payment deadline to elapse without payment. 
An appeal to levy the penalty shall not have a suspensive effect from the payment obligation and deadline.

5.0 Scope of validity, entering into effect, and termination 

The course regulations and price lists in the version of 01/08/2023 are integral parts of these general terms and conditions.

THESE GENERAL TERMS AND CONDITIONS OF DSF DER SECURITYFUCHS GMBH ARE BINDING WITHOUT EXCEPTION.

General terms and conditions of any clients can be adapted after mutual agreement.
These T&C shall enter into effect with immediate effect. Any general terms and conditions in effect at that time shall cease to apply upon such entering into effect.


Berlin, 01/09/2023

 

Mike Fuller

Director