Cooperation Agreement for Agencies

This cooperation agreement is concluded between BGGI GmbH, Rostocker Straße 43, 53117 Bonn, HRB 26753 Amtsgericht Bonn (“BGGI”), and the agency which accepts it digitally via the BGGI Health platform (“Agency”).

Its subject is the cooperation in referring and accompanying patients who are cared for via the platform health.bggi.eu. The Agency refers patients, creates their records in the platform and accompanies them throughout the case.

The Agency acts independently. No employment, corporate or commercial-agent relationship is created; the Agency does not represent BGGI and makes no declarations on its behalf.

The Agency provides no medical treatment and no medical advice. It does not comment on diagnosis, therapy, prospects of success or duration of treatment, and it does not present a recommendation for a particular physician or a particular clinic as medical advice.

Access to the agency area of the platform requires prior approval by BGGI. Before approval there is no access to patient data.

Access credentials are personal and must not be passed on. Separate accounts are set up for the Agency's staff; the Agency reports persons who have left without delay so that their access can be blocked.

The Agency creates records for referred patients in the platform, records their information truthfully and completely, uploads the available documents in readable form and keeps the case up to date.

Before creating the record, the Agency informs the data subject about the processing of their data and obtains the necessary consents, in particular the separate consent to the processing of health data. Without this consent, medical documents must not be transmitted.

The Agency accompanies the patient throughout the case, interprets where needed and remains available for queries.

The Agency receives a commission for the referral. Its basis and amount are stored in the platform and shown transparently to the Agency there for each case; changes are set by BGGI and displayed in the platform.

A claim to commission arises only once the corresponding service has actually been paid for by the patient. Before payment is received there is no claim.

Commissions earned are released for payout when the case is closed. Before closure, BGGI may on request release an advance on commissions earned; the limits of such an advance are stored in the platform.

Pass-through amounts — in particular treatment and travel costs, interpreting and accompaniment services as well as insurance premiums — are not a basis for the commission.

(1) For patients whose contact was established through the Agency and who are cared for via the platform, all services initiated are handled and billed via the platform.

(2) The Agency will not refer these persons to physicians, clinics or service providers bypassing the platform for the same treatment episode and will not induce them to bypass the platform. This applies for the term of this agreement and for twelve months after the last contact arranged via the platform.

(3) The patient's free choice of physician and care relationships that demonstrably existed or arose independently of the platform remain unaffected.

(4) If the Agency bypasses the platform contrary to paragraph 2, the claim to commission from the case concerned lapses; BGGI's remuneration claim for services already rendered remains in force. The amount of any liquidated compensation will be agreed separately. [Placeholder — to be determined by legal counsel]

The parties comply with the GDPR and the German Federal Data Protection Act. The Agency processes personal data exclusively for the performance of this agreement. Where necessary, the parties conclude supplementary agreements, in particular on processing under Art. 28 GDPR.

In the platform the Agency sees only the patients assigned to it. There is no access to other cases and no attempt is made to gain such access; accesses are logged.

Health data (Art. 9 GDPR) is processed only to the extent necessary and only for the respective case. Use for own advertising, for own offers or for third-party purposes is excluded.

The Agency reports any suspicion of a personal data breach to BGGI without delay.

The parties keep business secrets, conditions and non-public information of the other party confidential. This obligation survives the end of the agreement.

Advertising statements about BGGI Health, about the platform, about physicians or about clinics require BGGI's prior consent in text form. BGGI's name, logo and image material may be used only within the scope of that consent.

Promises of cure, statements on prospects of success and price information not based on the conditions stored in the platform are not permitted.

The agreement begins upon digital acceptance and runs for an indefinite period. Either party may terminate it in text form with one month's notice to the end of a month; the right to extraordinary termination for good cause remains unaffected.

Ongoing cases will be duly completed. Commissions already earned remain in force and are paid out under the rules of this agreement. Upon the end of the agreement, access is blocked.

The law of the Federal Republic of Germany applies. Place of jurisdiction, where permissible, is Bonn. Should individual provisions be invalid, the remainder of the agreement remains effective; the invalid provision is replaced by the permissible provision closest to the economic intent.

Amendments require text form. The German version of this agreement prevails; translations are for information only.