General terms and conditions

For craftsmen and service providers

These General Terms and Conditions (hereinafter referred to as "GTC") govern your rights and obligations when using the services and offers of Servicum. The object is the free brokerage of order offers by clients in the smart energy industry, the transfer of knowledge about this, as well as the provision of other digital services for Servicum partners.

They also contain information on data protection (13). We object to the validity of any conflicting terms and conditions. Your contractual partner is Servicum (hereinafter "Servicum" or "we").

1. Pre-registration "letter of intent", servicum offers

1.1 In connection with your pre-registration as a partner with Servicum, you register your interest in using the Servicum service in compliance with the General Terms and Conditions set forth below as the basis of a master partner agreement.

1.2 Pre-registration does not give you any rights and obligations, except for the right to withdraw from further cooperation at any time, verbally or in writing, without giving any reasons.

1.3 With the product launch of Servicum you will have the opportunity to change your pre-registration into an official registration as a partner. For this purpose, we proceed according to section 15 - Change of General Terms and Conditions, which provides for written information and acceptance on your part.

1.4 These General Terms and Conditions (GTC) apply to the services operated by Servicum. These include:

  • The procurement of installation and service orders between clients and contractors (usually between equipment manufacturers and electrical contractors).
  • The transfer of order-related, but also general knowledge of smart energy via help articles, tutorials, webinars and similar. Ways of knowledge transfer.
  • Support for internal sales activities and end customer support

1.5 Our offer is open to you as a craftsman or service provider (contractor). It is aimed exclusively at entrepreneurs. Entrepreneurs in this sense are natural or legal persons or partnerships with legal capacity who, when concluding a legal transaction, act in the exercise of their commercial or independent professional activity. In connection with your registration with Servicum, you conclude a framework agreement for the use of the Servicum offers, which are made accessible to you with the access data (user name and password) selected by you.

2. Your access data

2.1 You may not pass on your access data to third parties. You are permitted to pass them on to your employees for business purposes. In doing so, ensure that your employees comply with these General Terms and Conditions.

2.2 Please choose a password that is as secure as possible for your user name. Protect your password against unauthorized use by taking the necessary measures. Our employees will never ask you for your password.

2.3 If you have the impression that third parties are using your access data without authorization, please contact our customer service immediately. In the event of justified suspicion of third-party use of your access data, we may temporarily block or close your access.

3. Terms of use online services

3.1 We make every effort to avoid impairments to the use of our services, insofar as this is technically possible. Please note that we cannot completely exclude such restrictions due to technical circumstances. For restrictions for which we are responsible, our liability is governed by Section 5 of these GTC.

3.2 Due to the maintenance and development of our services, there may be temporary restrictions on use. If possible, we will carry out maintenance work outside the main usage times.

3.3 Technical protection measures are used to protect our systems and third parties from harmful programs or spam e-mails.

4. Lawful use

4.1 When using our services, you must not violate these GTC or applicable law or infringe the rights of third parties. Please note in particular:

  • The distribution of racist, violent, pornographic and immoral content is prohibited.
  • Insulting, harassing, threatening or defaming other users is prohibited.
  • Your use must not infringe any copyright, trademark or other proprietary rights of any third party.
  • The distribution of unsolicited mass mailings is prohibited.

4.2 If you culpably violate these GTC or applicable law, we may take appropriate measures according to the severity of the violations. These may be limited to a notice that the GTC or legal provisions have been violated or may lead to the blocking of individual services, your access or even to the termination of the framework agreement without notice. In the event of such a blocking, you shall continue to be obligated to pay the full remuneration of any concluded payable services until the expiry of the minimum contract term.

5. Liability

5.1 We shall be liable for any culpable violation of essential contractual obligations as well as violations according to statutory provisions. In all other cases, we shall only be liable insofar as the damage incurred was caused by gross negligence or intent.

5.2 In deviation from clause 5.1, an exclusion of liability for damages caused by our slight negligence shall apply to services that we provide free of charge.

6. term, termination of the framework agreement

6.1 The framework agreement is concluded for an indefinite period. The framework agreement may be terminated by giving one month's notice. Contracts against payment with a minimum term may be terminated within the aforementioned period at the earliest at the end of the minimum term. Which minimum term applies is described in the service description of the respective service.

6.2 For a termination text form is required. To do so, send an e-mail to

6.3 After the termination takes effect, you can no longer use the terminated service. Further claims shall then no longer exist.

6.4 We shall be entitled to terminate a contract concluded with you without notice if you culpably violate these GTC or applicable law or if we can no longer reasonably be expected to adhere to the contract for any other reason. We shall also be entitled to terminate your framework agreement with one month's notice. The termination shall be effected by e-mail to the e-mail address provided by you. With the effective termination of the framework agreement, all existing contractual relationships regarding the use of Servicum services shall end.

6.5 In the event of termination by us, you may only re-register for our services with our express consent. Servicum users are prohibited from allowing users who have been terminated by us to use our services.

7. Order offers

7.1 The orders are created by clients registered with Servicum (usually equipment manufacturers or concept providers). In addition to the general terms and conditions of Servicum, the order conditions of the customer apply, which are regulated for each customer via an additional contract appendix.

7.2 The Customer shall be entitled to exclude the Contractor from accepting and executing orders placed by him or to withdraw them from him in case of violation of the terms and conditions of his order or for other reasons.​

7.3 Unless expressly agreed otherwise and not resulting from the purpose of the contractual services, the Partner shall not be subject to any instructions from Servicum with regard to the time, place, content and scope of the services owed.

7.4 The remuneration of the orders is regulated according to clause 10.

7.5 There shall be no warranty claim for the success of transmitted leads or for the execution of accepted orders. This applies in particular to orders cancelled by the end customer. Compensation for expenses already incurred by the Partner at the time of cancellation shall be settled in accordance with Section 10.

7.6 The order-specific order descriptions contain all instructions and information which are necessary for the execution thereof, unless these have already been regulated via the general terms and conditions of Servicum or the contract annex of the Customer. The order contents generally correspond to the description according to the following categories:

  • On-site orders ranging from measurement, installation and service orders to regular inspections and maintenance. In the case of on-site services, the partner's services generally include contacting and arranging appointments with the end customer, the on-site appointment for order execution of the individual order description and logging of the order in accordance with the supplied order protocol and specified target times.
  • Planning and sales contracts related to the implementation of smart energy projects, from lead qualification and energy consultations to design and grid registration.
  • Maintenance and customer support orders for longer-term cooperation between service partner and plant operator for the purpose of maintenance and operational management of a smart energy plant. The content of such orders can range from consulting, monitoring, troubleshooting to maintenance of one or more customer plants.

7.7 Servicum will offer topic-related digital training in the form of webinars, multimedia tests or classroom training at partner events in connection with all order offers. Participation in or completion of these is, depending on the order, a condition for acceptance or assignment of the order.

7.8 Servicum will also support you with the provision of digital tools for order processing and avoidance of extensive pre- and post-processing, logging and invoicing.

8. Obligations of the service partner - General

8.1 The Partner is an independent entrepreneur. He shall perform his activities with the diligence of a prudent businessman. He shall comply with the legal requirements for the performance of his activities and render his services in accordance with the respective state of the art and in compliance with the legal provisions.​

8.2 The Partner assures that, upon conclusion of this contract, it has the legal permits and approvals required for the performance of its activities and the provision of the contractual services and that it will maintain these on an ongoing basis during the term of the contract. As a prerequisite for the continuation of the cooperation, Servicum may request proof of this at any time.

8.3 The Partner shall be liable for the proper taxation of its income generated within the scope of the performance of the contract, the proper payment of taxes owed, the proper registration of its employees as well as compliance with the provisions of the Minimum Wage Act, the Undeclared Work Act and other statutory regulations.

8.4 The Partner is not entitled to employ third parties within the scope of the performance of the contractual services without the prior written consent of Servicum.

8.5 The Partner assures that its company complies with the current provisions of data protection and fulfills the legal requirements for the processing of personal data at all times.

9. Obligations of the service partner - Order-related

9.1 The service partner adheres to the Servicum excellence approach. He pays attention to a well-groomed appearance, is polite and courteous to the end customers (the end customer is here the owner of the plant). He leaves the site tidy and disposes of any remaining packaging materials and waste.

9.2 In case of questions, the service partner is ready to help the end customer. The service partner can draw on the support of Servicum for assistance.

9.3 The service protocol shall be discussed with the end customer with reference to all activities performed and any defects. Defects shall be noted on the protocol.

9.4 The Service Partner shall be liable for the activities performed by it, unless expressly defined otherwise in the corresponding contract annex of the Customer. If, immediately after the performance of an on-site visit, the end customer identifies defects which are undoubtedly due to the fault of the Partner, these shall be remedied by the Partner. Acceptance of the defects shall be effected by means of a further service protocol in accordance with clause 9.3.

9.5 The Service Partner undertakes not to offer competing products of other manufacturers or service providers, which are similar to the products of the Customer, in the case of leads communicated by the Customer to Servicum. If a customer notified by the Customer in the form of a lead expresses the wish to purchase a competing product, the Service Partner shall inform Servicum of this and the parties shall agree on the further procedure. If Servicum refuses its consent, the Service Partner will not offer other products to the End Customer.

10. Credit notes, settlement

10.1 Installation and services provided by the Partner shall be invoiced after complete performance and successful acceptance of a service order. The subject of the complete invoice is the acceptance protocol signed by the end customer.

10.2 The applicable terms and conditions for services are set out in the Client's contract annex, any associated supplementary price list and the priced order description at the time of acceptance of the order.

10.3 Any overtime incurred shall only be billable if the release of this overtime has been previously approved on record via the contact channels provided.

10.4 In addition, performance-based or time-limited bonus programs may be applied as modifiers of compensation.

10.5 For the settlement of remunerations, depending on the partner status achieved, an automated invoice-replacing credit note is created, which is managed as a credit account and can be paid out independently in the partner's personal account area. The credit note shall be issued immediately after the service has been rendered in full in accordance with Section 10.1, with a small portion reserved as a security reserve for any additional claims by the customer until the end of the following quarter.

10.6 The Partners are obliged to raise any objections to the amount of the credit note replacing the invoice within two months of receipt thereof. Their objections shall be substantiated and, if required by Servicum, substantiated. Failure on Servicum's part to raise an objection within the time limit shall be deemed approval of the objection. We will refer you to this clause (10.6) in a textually highlighted manner when sending you a statement.

10.7 The Partner shall forward to Servicum all information and business documents required for the proper processing of the order. This includes, in particular, such information as is required for the calculation and settlement of remuneration, discounts and commissions owed. If Servicum is unable to execute or invoice an order as contractually agreed due to incorrect or missing information, the partner shall be responsible for this.

10.8 Invoices of the parties are due and payable within 14 days after receipt.

10.9 All prices, remunerations, fees, wages and other monetary values shall be understood to be strictly net, plus the applicable statutory value added tax.

10.10. The statutory provisions shall apply with regard to default in payment.

10.11. Offsetting on the part of the Partner is only possible with legally established claims.

11. Offers with costs

11.1 We will always inform you in advance if a service is subject to a charge. In this case, we will inform you of the prices and service features in advance.

11.2 If you have provided us with your bank details, you revocably authorize us to collect the remuneration due for the use of paid services by direct debit.

11.3 We will inform you by e-mail at least five days before the direct debit about the amount to be collected. Please ensure that your account has the necessary cover on this date.

11.4 In the event of failure of direct debit collection via the account details provided by you or in the event of premature revocation of the direct debit authorization without indication of a comparable collection option, we shall be entitled to block your access. This also applies if you have fallen into arrears with payments of a considerable amount. We will lift the block immediately after receipt of the overdue amount. Furthermore, you must reimburse us for the costs of a return debit note for which you are responsible on the basis of liquidated damages in the amount of 7.50€.

11.5 In the event of default in payment, we shall be entitled to demand reminder costs in the amount of 5€. Outstanding amounts shall bear interest at a rate of 6% above the prime rate during the period of default.

11.6 If we provide you with a statement of the remuneration incurred, you are obliged to raise any objections to its amount within two months of receipt. Your objections must be substantiated. Failure to raise an objection within the time limit shall be deemed to constitute approval of the invoice. We shall draw your attention to this consequence in a textually highlighted manner when sending you a statement of account.

12. Evaluations

12.1 In the case of orders placed via Servicum, the End Customer shall have the opportunity to evaluate the Service Partner after execution of the order or other completion of the order.

12.2 The evaluations are intended to provide the clients and end customers with as meaningful and accurate a picture as possible of the quality, reliability and trustworthiness of the contractors.

12.3 The Partner shall have the right to react to evaluations or to request their deletion, insofar as the evaluation does not correspond to the truth or violates the provisions of section 4.1.

13. Use of your personal data

13.1 We use your personal data exclusively for the provision, use and billing of our services. Exceptions are legal provisions for further use of data or the existence of your express consent.

13.2. Details on the processing of your personal data can be found in our separate privacy policy, which you can access heer.

14. information and communication

14.1 With your registration, we will inform you irregularly about topics of interest to you in connection with the use of our services. You can revoke this authorization at any time.

14.2 You will receive important information about your contract from us when the occasion arises. Unless otherwise specified, we will send this information by e-mail to the e-mail address you have provided. Therefore, always keep your e-mail address up to date. Check your e-mail account regularly for the receipt of messages.

14.3. Schriftliche Erklärungen gelten mit dem 3. Tag nach Aufgabe eines Schreibens zur Post als abgegeben. Das Formerfordernis der Schrift ist auch durch Versenden von E-Mails erfüllt. Bitte nutzen Sie hierzu unsere Kontaktadresse

15. Amendment of the general terms and conditions, changes in services

15.1 These GTC may be amended at any time with effect for the future in compliance with the following procedure: We will inform you of the changes by e-mail at least three weeks before they are scheduled to take effect. You may object to the changes within three weeks of receipt of the notification. If you do not object or if you expressly agree to the changes, the changes will take effect at the notified time of entry into force. If you object within the time limit, the framework agreement will be continued under the previous conditions. Together with the planned changes, we will inform you of your right to object, the deadline to be met and the consequences of objecting or missing the deadline.

15.2 If the amendment affects essential contractual obligations for you or us, the fulfillment of which is a prerequisite for the proper execution of the contract, the reservation of right to amendment shall only apply if the amendment is reasonable for you, taking into account our interests. This is the case if:

  • the change relates to non-remunerated offers, services or areas of Servicum and we ensure that order offers still in progress at the time the change comes into effect remain unaffected by the change, or
  • the change relates to paid offers, services or areas of Servicum and we ensure that the functions, services and areas for which fees have already been charged remain unaffected for you.

16. Trademarks, brands

16.1 For the term of the contract, the Partner shall be entitled to use Servicum's logo as well as Servicum's word and figurative marks, provided that it is clearly recognizable that the Partner is not using the mark as Servicum, but only on behalf of or as a partner of Servicum.

16.2 After its termination, they must be removed from public websites and documents.​

16.3 Furthermore, he shall be entitled to use offer documents, illustrations, drawings, calculations, contributions to the knowledge database, videos and other documents during the term of the contract.

16.4 The sole property rights and copyrights for physical or electronic documents according to item 16.3 are held by Servicum and may not be made accessible to third parties, disclosed to third parties or reproduced by the customer himself or by third parties without the express consent of Servicum.

17. Place of jurisdiction

If you are a merchant domiciled in Germany within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, Jena is agreed as the place of jurisdiction for all disputes in connection with the use of Servicum.

18. Final clauses

18.1 This Agreement replaces all previously existing agreements as well as verbal arrangements which have governed the cooperation between the Parties.

18.2 In the event that parts of these General Terms and Conditions are invalid, the remaining clauses shall not be affected thereby.