General Terms and Conditions (GTC)
As your reliable security partner, firmly rooted in the Berlin/Brandenburg region, ESG Solution GmbH redefines the standard of modern security. We combine family values and lightning-fast operational readiness with innovative, tailor-made 360° security solutions. Whether demanding property protection, complex construction site security or holistic risk management: we unite highly qualified personnel and state-of-the-art surveillance technology into an efficient, scalable security network. These General Terms and Conditions form the transparent, fair and legally sound foundation of our trusting partnership – so that you can concentrate on your core business with an absolutely secure feeling. We protect what matters to you.
(1) These General Terms and Conditions (GTC) apply to all current and future business relationships, contracts and services between ESG Solution GmbH (hereinafter “Contractor” or “we”) and the client. (2) Deviating, conflicting or supplementary terms and conditions of the client only become part of the contract if we have expressly agreed to their validity in writing.
(1) ESG Solution GmbH provides services in the guarding and security industry in accordance with § 34a GewO. These include in particular property and plant security, construction site security, event security, personal protection, reception services, store detectives as well as fire protection and consulting services. (2) The nature and exact scope of the service (including the deployment of personnel, sensors and alarm connection) are specified in detail and tailored in the respective individual guarding contract or service specification. (3) To fulfil its contractual obligations, the Contractor is entitled, in consultation with the client, to use state-of-the-art security technology and, where necessary, carefully selected, certified subcontractors in order to guarantee seamless 360° security.
(1) The security personnel deployed by ESG Solution GmbH are professionally trained, security-vetted and, unless discreet assignments (e.g. personal protection or store detectives) have been agreed, wear official uniform on duty. (2) The personnel deployed are subject exclusively to the employment-law and professional instructions of the Contractor (ESG Solution GmbH). The client is not entitled to give the Contractor’s employees direct instructions under their employment contracts. Extraordinary instructions that go beyond the contractual framework require prior coordination with the operations management of ESG Solution GmbH.
(1) The client undertakes to provide ESG Solution GmbH in good time and free of charge with all information, plans, keys and access authorisations necessary for the smooth performance of the security service. (2) The client must point out possible special hazards, operational particularities and regulatory requirements (compliance) at the place of deployment unprompted and in good time.
(1) Remuneration is based on the individually agreed quote or guarding contract. (2) Unless otherwise agreed in writing, invoices from ESG Solution GmbH are due for payment without deduction within 14 days of invoicing. (3) In the event of late payment we reserve the right to claim statutory default interest and, after prior written notice, to temporarily suspend the security service until payment is received, without the entitlement to remuneration lapsing.
(1) We are only liable for personal injury, property damage and financial loss caused by the personnel or technology of ESG Solution GmbH in the performance of the services in cases of intent and gross negligence. (2) In the event of a breach of essential contractual obligations (cardinal obligations) we are also liable for slight negligence, but limited in amount to the typical, foreseeable damage. (3) Liability for injury to life, body or health remains unaffected by the above limitations of liability. (4) To cover all liability risks, ESG Solution GmbH maintains extensive professional liability insurance with NÜRNBERGER Allgemeine Versicherungs-AG with Europe-wide territorial scope. (5) The client is obliged to notify ESG Solution GmbH in writing of any liability claims without delay, at the latest within 7 days after the damaging event or after becoming aware of it.
The client is prohibited from poaching, directly employing or employing through third parties employees of ESG Solution GmbH during the term of the contract and for up to 12 months after its termination. In the event of a breach, a contractual penalty customary in the industry becomes due, the amount of which is determined by the Contractor at its reasonable discretion and the appropriateness of which can be reviewed by the competent court in the event of a dispute.
(1) As a service provider for sensitive and critical infrastructure we undertake to maintain the highest level of discretion. Both contracting parties undertake to treat all business and operational internal matters that become known in the course of cooperation as strictly confidential. (2) The processing of personal data is carried out strictly in accordance with the requirements of the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG). Details on data processing are set out in our privacy policy, which can be viewed on the website. (3) If surveillance cameras or IT security systems are used, the client undertakes to ensure compliance with the legal framework (in particular data protection law) on site (e.g. by displaying notices), unless this has been explicitly transferred to ESG Solution GmbH by contract.
(1) The contract term and notice periods result bindingly from the respective individual guarding contract. (2) The right to extraordinary termination without notice for good cause remains unaffected for both parties. Good cause for ESG Solution GmbH exists in particular if the client falls significantly behind with payment of the remuneration (more than 2 months) or repeatedly breaches essential contractual duties to cooperate.
(1) The exclusive place of jurisdiction for all disputes arising from this contract is the registered office of ESG Solution GmbH (Amtsgericht Berlin Charlottenburg), provided the client is a merchant, a legal entity under public law or a special fund under public law. (2) The law of the Federal Republic of Germany applies exclusively. (3) Should individual provisions of these GTC be or become invalid or unenforceable, this does not affect the validity of the remaining provisions. The invalid provision shall be replaced by a legally permissible provision that comes closest to the economic purpose of the original provision.
June 2026 – ESG Solution GmbH