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Terms and Conditions

§ 1 Scope and Definitions

  1. The following General Terms and Conditions, in their version valid at the respective time, exclusively apply to the business relationship between SwiftUrban LLC (hereinafter referred to as “Broker”) and the customer (hereinafter referred to as “Customer”). Deviating general terms and conditions of the Customer are not recognized unless the Broker expressly agrees to their applicability in writing.
  2. The General Terms and Conditions apply exclusively to business transactions with companies (B2B transactions).
  3. The Broker is a B2B sales agency for logistics and mobility services offered via a SaaS web platform. Through the Broker's online platform, the Customer's services for logistical needs and related services are offered. The Broker establishes contact between end customers and the Customer and facilitates the mediation of the Customer’s services. For the fulfillment of these services, contractual relationships are established exclusively between the Customer and the end customer.

§ 2 Conclusion of Contract Between Provider and Customer

  1. The Broker provides the Customer's service catalog on its online platform. This allows the end customer to access necessary information about the desired product, such as applicable insurance, costs for purchase or leasing, service costs, etc. The list is not exhaustive.
  2. Upon receipt of the order, the end customer promptly receives an automatic confirmation of receipt via email from the Customer, summarizing the order once again. This confirmation of receipt merely documents that the Customer's order has been received by the provider and does not constitute acceptance of the contract by the provider.
  3. The contract for the services to be provided is concluded only when the Customer submits a declaration of acceptance to the end customer. Furthermore, the Broker receives a copy of the acceptance declaration, either by email or in text form.

§ 3 Liability of the Broker

  1. The Broker is not liable either for the Customer or to the end customer in connection with the conclusion and fulfillment of the contractual services. In particular, the Broker assumes no responsibility for information and service offerings provided by the Customer on the Broker’s online platform. The Broker also does not bear responsibility for whether the Customer's service offering complies with the respective legal regulations. The end customer must assert any claims directly against the Customer.
  2. If the Broker is liable, this liability is limited to intent and gross negligence.
  3. The Broker is not liable for damages caused by third-party fault in connection with the fulfillment of the contract by the provider.

§ 4 Right to Commission

Upon the conclusion of the contract pursuant to § 2, Clause 3, between the Customer and the end customer, the Broker is entitled to a commission. The amount of the commission is determined by the valid price list at the time. Should special services by the Customer be utilized that cannot be accounted for through the commission, the Broker will inform the Customer and indicate the expected costs. If the conclusion of the contract between the Customer and the end customer fails for reasons not attributable to the Broker, the Broker is entitled to claim damages. These damages are calculated based on the potential commission entitlement of the Broker and are set at 20% of this amount as a flat rate.

§ 5 Termination

The contractual relationship between the Broker and the Customer regarding the use of the SaaS platform and associated services can be terminated by either party at any time without stating reasons, in text form (including email). If the Broker has already provided preliminary services that incurred costs, the Customer is obligated to cover these costs upon appropriate proof. Termination of the legal relationship between the Customer and the end customer does not affect the legal relationship between the Broker and the Customer.

§ 6 Final Provisions

  1. The parties agree that amendments and additions to these General Terms and Conditions require written form and that no verbal ancillary agreements have been made.
  2. Should individual provisions be invalid or become invalid, the validity of these contractual terms shall remain unaffected. The invalid provision is to be replaced by a provision that comes as close as possible to the economic objectives of the parties. The same applies if these contractual terms contain gaps. Exclusively the law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction for all disputes arising from contractual relationships between the Broker and the provider is Berlin.