GENERAL TERMS AND CONDITIONS of Fortis Inkasso GmbH & Co. KG

§ 1 General

Fortis Inkasso GmbH & Co. KG ("Fortis") operates the extrajudicial and - to the extent permitted by law - judicial collection of third-party or assigned receivables for the purpose of collection for third parties as an independent activity ("Collection service"). Assigned receivables shall not be regarded as third parties by the previous creditor. Receivables within the meaning of the above are existing and expected to be after uncontested claimsfor which the debtor in question is in default of payment. The claims are also Fortis' collection costs. As a registered collection service provider, Fortis is also entitled to process all disputed claims in accordance with the provisions of the German Lawyers' Fees Act ("RVG") and the German Legal Services Act ("RDG").

All services and offers of Fortis are provided exclusively on the basis of these General Terms and Conditions ("GTC"). The GTC shall apply to all contracts concluded with companies, legal entities under public law and special funds under public law within the meaning of Section 310 of the German Civil Code ("BGB") and, to the extent permissible, these GTC shall also apply to consumers within the meaning of Section 13 of the BGB. Unless expressly agreed otherwise, other terms and conditions shall only be recognized to the extent that they are consistent with these GTC.

§ 2 Placing of order and subject of performance

The order is placed by handing over the debtor's and receivables data, notmandatory already only by filling out the contact form. All offers of the Fortis arenon-binding, in particular Time specifications (execution deadlines etc.) are non-binding, unless their binding nature is expressly confirmed.agt. Without a separate order subject to remuneration, the Fortis The Company does not have any objections or defences to the claim assigned to it for collection. The Costs for The collection of receivables is determined according to § 4 Para. 5 Sentence 1 Introductory Act on the Legal Services Act ("RDGEG") and are only available up to the Height to which a lawyer is entitled under the provisions of the RVG. Remuneration Refundable. The costs arise when the order is placed. The costs and expenses Carries the Client always outside the collection service, i.e. in particular the costs and expenses incurred in the dunning procedure and in foreign debt collection. The client enters furthermore his Claimsfor reimbursement of collection and Attorney's fee as well as interest on arrears vis-à-vis the debtor to Fortis from, which accepts them. If the legal proceedings are pursued without Fortis or the partner law firm, then the Client shall pay the collection costs and default interest to Fortis if the judgment is final. The Principal shall pay the collection costs and default interest in full to Fortis if the action was successful. If the action was only partially successful, then the Principal shall pay the extrajudicial Collection costs to be paid in full, however, the interest on arrears only pro rata in the amount as the court has granted the claim. The Principal who conducts the dunning proceedings or a lawsuit against the debtor shall inform Fortis thereof. If he fails to do so, he violates his Participation pFortis and shall be liable to Fortis for such breach of duty.

If the Client conducts the out-of-court proceedings as well as the dunning procedure through Fortis, the advance on court costs must be paid to Fortis before the dunning procedure is initiated by Fortis. For the application for the issuance of a court order for payment is furthermore the payment ar 1.0 procedural fee pursuant to No. 3305 VV RVG and for the application for the issuance of an enforcement order an additional 0.5 fee pursuant to No. 3308 VV RVG payable. In case of engagement of the partner law firm and full success in the trial court, you will pay the collection costs and default interest to Fortis. In case of partial and complete defeat, you pay neither collection costs nor interest on arrears, but only the partner law firm according to RVG or according to a remuneration agreement.

Fortis shall be entitled to take any measures that may at the collection of the debt promotingare. In addition, Fortis can agree with debtors on installment payments and deferrals, receive payments and make agreements and waivers regarding the principal claim and costs meet If Fortis' out-of-court collection efforts are unsuccessful, judicial dunning proceedings against the debtor einferredif the client Fortis tasked witht. For this purpose, and in case of objection or opposition, Fortis instructs After arrangement a lawyer to pursue the claims.  The Contractual relationship comes between the client and the Rechtsanwalt shall be concluded. The client shall also bear all costs associated with Commissioning of the Rechtsanwalts are connected. If the client grants Fortis no order to assert its claims in court, the activity ends From Fortis after an attempt to assert the claim out of court. Fortis is entitled to digitize the documents relating to the collection order, store and destroy them. This also applies for Documents of the Customer, which the Customer has not reclaimed before the expiry of the deadline. Fortis has no obligation, the client vis-à-visReports at give or the required information to the client via the Panel("Service Portal") the information at any time to the Order to put.

§ 3 Duty to cooperate of the Client

While the duration of the order, the claim may not be processed by the client either directly or indirectly. Dhe client may in particular neither a Lawyer yet another collection company at the same time or after placing the order, hand over the claim documents for the purpose of verification and assertion. The client provides also all ownnCollection efforts against the debtor. This shall only apply if an agreement to this effect has been made with Fortis. The Client accordingly undertakes, To assist Fortis in the performance of the contract and, in particular, to to refrain from any contact with the debtor in relation to the disputed claim after the order has been issued, so not to correspond or negotiate with him any longer and not to take any legal action of his own. In the event of non-compliance, the incurred collection costs and Legal fees according to RVG and/or agreed commissions plus expenses and incidental receivables calculated. Incoming payments by the debtor and other Incidents become Fortis Directly and Without delay withshared. The client Adheres Fortis vis-à-vis for the legal existence of the assets held for recovery Transmitted Demand and for the consequences incomplete or incorrect information. When it due to this incomplete or false information about Claims for damages Third against Fortis comet, the client provides Fortis From these Claims free.

§ 4 Clearing sequence, Offsetting, assignment

Incoming payments of the debtor will be charged according to § 367 Abs. 1 BGB first on all costs (collection costs, lawyer costs, court and bailiff costs, detective and authority costs etc.), then on the interest and finally on the handed over main claim. Third-party money amounts arising in the process will ben not interest-bearing. Depending on which means of payment the Debtor payment the settlement of third-party funds contained therein shall be effected at the earliest after the expiry of the respective Objection period created. With order placement to Fortis the Client waives the defense of the statute of limitations with regard to the collection costs, success commission, third-party costs incurred and attorney's fees. The Customer shall settle any VAT amounts not to be reimbursed by the debtor as a result of an existing entitlement to deduct input tax vis-à-vis Fortis off.

§ 5 Notice periods and termination of the order

Any collection order may be terminated by the Client at any time. In the event of termination or other termination of the contractual relationship, the Client shall be obliged to pay all costs incurred up to that point (collection fees, attorney's fees, etc.). This also applies to interest, as well as the settlement fee, if the debtor already pays installments or if security for the claim has already been obtained or if payment of the claim can be expected. The client bears the costs and incidental claims in the amount as if the receivable had been finally realized. would be. The date of receipt of the termination or the date of the waiver or settlement shall be deemed to be the date of calculation of the default interest to be paid. The notice of termination or other termination shall require the Written form.Regarding of the enforcement documents including the enforcement order, there shall be a right of retention until payment of the costs incurred and invoiced by the Client. Fortis is entitled to terminate the contractual relationship if, after the order has been placed, the Client unauthorizedly without the written consent of From Fortis negotiates with the debtor or continues to take action against him. Reports the Client to requests from Fortis for longer than one month and after two written requests, e-mails being sufficient do not return to Fortis, the Fortis terminate the order and pay all costs incurred. Collection fees and expenses to the client in Invoice place.

§ 6 Confidentiality

Fortis and her Client shall be mutually obligated to disclose all information required in connection with the execution of the Order information obtained and documents strictly confidential. This shall also apply after termination of the collection order.

§ 7 Privacy

Within the scope of the applicable data protection laws, Fortis is entitled to collect, process, use and store all necessary or accruing data. In particular, Fortis is entitled, in compliance with the German Federal Data Protection Act ("BDSG") data from credit agencies such as SCHUFA and other equivalent credit agencies and to make reports there as well.

§ 8 Jurisdiction/Applicable law

It applies exclusively the right of the Federal Republic of Germany to the exclusion of foreign law and the international sales law. At Merchants, legal entities of the publicRight or public Special assets the place of jurisdiction is Düsseldorf. The same place of jurisdiction shall apply if the Client has no general place of jurisdiction in the Federal Republic of Germany at the time legal proceedings are instituted.

§ 9 Other

Amendments and supplements to the agreements made and to these terms and conditions must be made in writing to be effective. This shall also apply in the event of an amendment to a clause.

§ 10 Severability clause

Should a or more of the provisions of these GTC are invalid or be or become impracticable, this shall not affect the other Provisions. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects most closely approximate the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply mutatis mutandis in the event that Regulatory gaps exist.

Status: December 2022

Cancellation policy

You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day of conclusion of the contract.
To exercise your right of withdrawal, you must inform us ( Fortis Inkasso GmbH & Co. KG, Gehrtsstrasse 16, 40235 Düsseldorf, e-mail: info@fortis-inkasso.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail).
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

If the service, in particular if the collection procedure has been commissioned, has begun during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

Your right of withdrawal expires prematurely if we have fully performed the service and have only started to perform the service after you as a consumer have given your express consent to this and at the same time confirmed your knowledge that you lose your right of withdrawal upon full performance of the contract by us.

Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.