§ 1 General provisions

Fortis Inkasso GmbH & Co. KG („Fortis“) conducts the out-of-court and, to the extent permitted by law, judicial collection of third-party or assigned claims for the purpose of collection for third parties as an independent activity („collection service“Assigned claims are not regarded as third-party claims by the previous creditor. Claims in the above sense are existing claims and claims that are expected to be due and payable in the same amount. after undisputed claims, where the debtor in question is in default of payment. The claims also include collection costs incurred by Fortis. As a registered collection agency, Fortis is also entitled to process all disputed claims in accordance with the provisions of the German Lawyers„ Fees Act (RVG) and the Legal Services Act (RDG).

All services and offers provided by Fortis are based exclusively on these General Terms and Conditions („GTC“). The GTC 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 also apply to consumers within the meaning of Section 13 BGB. Unless expressly agreed otherwise, other terms and conditions shall only be recognized insofar as they comply with these General Terms and Conditions.

§ 2 Order placement and subject matter of the service

The order is placed by handing over the debtors.– and receivables data, notimperative Simply by filling out the contact form. All offers from Fortis arenon-binding, in particular Time specifications (execution deadlines) etc.) are non-binding unless their binding nature is expressly agreed.says. Without a separate order subject to remuneration, the Fortis Objections and defenses against the claim transferred to it for collection. The expenses for The collection of receivables is determined by according to Section 4(5), first sentence implementation law on the Legal Services Act („RDGEG“) and are only valid until height the fees to which a lawyer is entitled under the provisions of the RVG remuneration reimbursable. The costs are incurred when the order is placed. The costs and expenses carries the Clients always outside the collection service, i.e., in particular, costs and expenses incurred in the dunning process and in international debt collection. The client enters into furthermore his claimsfor reimbursement of collection and attorney's fees as well as default interest opposite to the debtor Fortis from, that accepts it. If the legal proceedings are continued without Fortis or the partner law firm, the client must pay Fortis the collection costs and default interest once the judgment becomes final. The client must pay Fortis the collection costs and default interest in full if the lawsuit is successful. If the lawsuit is only partially successful, the client must pay Fortis the extrajudicial Collection costs to be paid in full, However, the default interest is only proportionately in the amount determined by the court has upheld the claim. The client conducting the dunning procedure or legal proceedings against the debtor must inform Fortis thereof. Failure to do so constitutes a breach of their Participationobligations towards Fortis and is liable to Fortis for this breach of duty.

If the client conducts the out-of-court proceedings and the dunning procedure through Fortis, the advance payment for court costs must be paid to Fortis. before Fortis initiates the dunning process. The following is required for an application for a court order for payment: furthermore the payment oner 1.0 procedural fee in accordance with No. 3305 VV RVG and an additional 0.5 fee in accordance with No. 3308 VV RVG for the application for an enforcement order. to pay. If the partner law firm is commissioned and is fully successful before the trial court, you will pay the collection costs and default interest to Fortis. In the event that In the event of partial or complete defeat, you will not pay any collection costs or default interest, but only the partner law firm in accordance with the RVG (German Lawyers' Fees Act) or a remuneration agreement.

Fortis is entitled to take all measures that at the collection of the claim promotingare. In addition, Fortis may Arrange installment payments and deferrals with debtors, accept payments, and make agreements and waivers regarding the principal claim and costs. meet. If Fortis's out-of-court collection efforts are unsuccessful, legal proceedings will be initiated against the debtor.initiated, if the client Fortis therefore commissionedt. For this purpose and in the event of an objection or appeal, Fortis will commission by arrangement a lawyer to pursue the claims.  The contractual relationship comes between the client and the Legalattorney. The client shall also bear all costs associated with commissioning of Legalare associated with a lawyer. If the client grants Fortis If there is no mandate to assert his claims in court, the activity ends. by Fortis after attempting to assert the claim out of court. Fortis is entitled to digitize the documents relating to the collection order., save and destroy. This also applies to for Documents belonging to the client that the client has not requested back before the deadline. Fortis has no obligation, the client oppositereports to give or provide the necessary information to the client about that Panel(„Service Portal“) the information at any time to disposal to pose.

§ 3 Obligation to cooperate client

While During the term of the contract, the client may not process the claim either directly or indirectly. Dthe client may especially neither one attorney yet another Hand over the claim documents to the collection agency at the same time as or after placing the order for the purpose of review and enforcement. The client provides also everyone ownncollection efforts against the debtor. Any other arrangement shall only apply if an agreement to this effect has been made with Fortis. The client therefore undertakes to, Support Fortis in the execution of the order and, in particular, to refrain from any contact with the debtor regarding the disputed claim after the order has been placed, so to cease all correspondence and negotiations with him and not to take any legal action on our own behalf. In the event of a violation, the collection costs incurred and attorney fees according to RVG and/or agreed commissions plus expenses and ancillary claims calculated. Incoming payments by the debtor and other Incidents become Fortis directly and without delay withshared. The client liable Fortis opposite for the legal existence of the assets to be recovered transferred Demand and for the consequences more incomplete or false information. When 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 first be set off against all costs (collection costs, legal fees, court and bailiff costs, detective and official costs, etc.), then against the interest and finally against the principal claim transferred in accordance with Section 367 (1) BGB. Any third-party fees incurred will ben does not bear interest. Depending on the means of payment used Debtor payment the settlement of third-party funds contained therein will be carried out at the earliest after expiry of the respective Objection period created. By placing an order with Fortis the client waives the defense of the statute of limitations with regard to collection costs, success commission, disbursed third-party costs and attorney's fees. The client shall settle any VAT amounts that are not to be reimbursed by the debtor as a result of his entitlement to deduct input tax against Fortis from.

§ 5 Periods of notice 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 date (collection fees, legal fees, etc.). This also applies to interest, and the settlement fee, if the debtor is already paying installments or if the claim has already been secured or payment of the claim is to be expected. The client shall bear the costs and ancillary claims in the amount as if the receivable had been finally realized. would be. The calculation date for the default interest to be paid shall be the date of receipt of the notice of termination or the date of the waiver or conclusion of the settlement. The termination or other termination requires the With regard to The client shall have the right to withhold the enforcement documents, including the enforcement order, until the costs incurred and invoiced have been paid by the client. Fortis shall be entitled to terminate the contractual relationship if, after the order has been placed, the client unauthorizedly and without written consent by Fortis negotiates with the debtor or continues to take action against him. Reports the client in response to requests from Fortis for more than one month and after two written requests, whereby e-mails are not returned 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 you client are mutually obligated to disclose all information in connection with the implementation of the Order information obtained and documents strictly confidential. This also applies after termination of the collection order.

§ 7 Data protection

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 Federal Data Protection Act („BDSG“) Data from credit agencies such as SCHUFA and other equivalent credit agencies and to report to them.

§ 8 Place of jurisdiction/applicable law

It applies exclusively the right of the Federal Republic of Germany to the exclusion of foreign law and international sales law. With Merchants, legal entities of the publicRight or public law Special assets the place of jurisdiction is Düsseldorf. The same place of jurisdiction applies if the client does not have a general place of jurisdiction in the Federal Republic of Germany at the time legal proceedings are initiated.

§ 9 Miscellaneous

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

§ 10 Severability clause

Should a or several of the provisions of these GTC 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 come closest to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply accordingly in the event that Regulatory gaps exist.

Status: December 2022