General Terms and Conditions
Definitions
„T&Cs” are the terms and conditions of Fundback GmbH (Fundsback) for using the services on the web pages from Fundsback.
„Users” are registered with Fundsback on the web page.
„Fundsback“ is the Fundback GmbH, Schiffgraben 43, 30175 Hannover, AG Hannover HRB 212964.
„Other services” allows the user to obtain and use further services of other Fundsbackoviders cooperating with Fundsback via the Webpage.
Scope of Validity
Fundsback is a service provider that helps with administrative work and communication with the German Pension Insurance but does not provide any form of business-, legal-, pension-, tax advice, or service. FUNDSBACK will not claim a refund of contributions or a pension for itself, rather than estimate the amount of a claim for a refund of contributions or a pension and help the user collect the necessary data for a refund or a pension. In cooperation with a lawyer, the claim or the application for a state pension will be submitted to DRV in favor of the user.
The information contained on this website is for general information purposes and does not refer to the specific situation of an individual or a legal entity. They do not constitute any business, legal, or tax advice. In individual cases, the present content can not replace personal advice from knowledgeable persons. No one may act based on this information without appropriate professional advice and without a thorough analysis of the situation. For decisions made by the user based on the above information, FUNDSBACK takes no responsibility. In particular, the information offered on this website does not constitute a binding contractual offer on FUNDSBACK`s part. Unless otherwise expressly stated, users can not submit offers or place orders via this website.
Upon using the FUNDSBACK Website and services and by selecting the respective field, the User declares that it accepts the validity of these T&Cs. If the User does not wish to be bound by these T&Cs or cannot validly declare consent, it shall not be permitted to use the FUNDSBACK web page.
Users ‘ own contractual or usage terms are explicitly not accepted.
FUNDSBACK reserves the right to change, supplement, delete, or update this website’s information, products, or services at any time without prior notice.
Services
The „Free Pension Check (eligibility check) is an estimation tool only. It should be used solely for the purpose that it is intended. All estimations of Fundsback provided by the “Pension Check“ indicate what the user may be entitled to based on the information inputted by the user. Final amounts due to the user will depend upon the information and data on actual documents submitted, the information made available, and the decision of the Pension Refund Insurance. Specially Fundsback does not provide legal advice on what the User shall do.
With the „Pension Check, “ the user grants individual data to FUNDSBACK to check if there is a possibility of refunding money from the German pension insurance company.
If the user wants to send his/her claim for a refund of contributions from the Pension Refund Insurance, FUNDSBACK will help to collect and organize the necessary documents for the user with consent from the user by selecting the respective field. For this purpose, the user grants a Power of Attorney to take care of the user’s pension matters, including mail receiving and sending, digitally, in writing, or verbally, to a Person appointed by FUNDSBACK (regularly a professional lawyer). This Power of Attorney includes access to and use of the online service of the user’s online account with German Pension Refund.
FUNDSBACK will send the user his/her claim for a refund of contributions with all the necessary documents as a messenger to the Pension Refund Insurance and after consent from the user by selecting the respective field. The Fee for this service is 9.9% of the refunded amount. The user agrees to pay the fee for this service.
The authorized lawyer will submit the reimbursement or pension application on behalf of the user or conduct all correspondence with Deutsche Rentenversicherung.
FUNDSBACK receives a fee for the entire service provided by FUNDSBACK. This will be deducted from the refund amount. The user agrees to this. In the event of a pension refund, the deduction will be made from the subsequent pension payment or must be paid by the user.
FUNDSBACK expressly retains the right to block the User Account, be it entirely or temporarily, if this is justified by reasonable cause in connection with the security of the User Account or if there is suspicion of an unauthorized or fraudulent use of the User Account. In such cases, FUNDSBACK is obligated to inform the User regarding the blocking of the User Account while stating the causes relevant to the same, since is legally permissible, and if possible, Fundsbackior to, but if not, without undue delay subsequently to such blocking.
As a courtesy, the user will be contacted after the payment has been completed to ensure funds are received promptly.
Use of the FUNDSBACK web page
The use of the FUNDSBACK web page is conditioned upon the User registering with FUNDSBACK (“User Account”) by providing their first and family names, postal addresses, e-mail addresses, Pension Insurance Numbers, and other personal data and documents. The FUNDSBACK web page may only be used via the user’s respective personal registration.
Further services
FUNDSBACK may change the service or add another service on the webpage www.fundsback.org, which the user accepts without notice.
Payment for Services of FUNDSBACK
The User agrees that the refund will be paid to a Bank account of his choice. Fundsback will deduct its fees from the refund amount.
Bank Charges
In the case of payment by bank transfer, FUNDSBACK has no control over the fees charged by the banks when cashing the refund. FUNDSBACK will not be liable for any changes in local bank charges, any currency exchange rates by the banks, or any time period that the bank takes to transfer the refund to a user’s bank account.
Prohibited use, Responsibility for Content
The User is prohibited from using the FUNDSBACK web page to upload, save, transfer, or distribute illegal materials that pose a risk to minors, denigrate others, and/or are otherwise insulting or are in some other respect illicit. This encompasses the illegal distribution of contents that violate data Fundsbackotection law, intellectual Fundsbackoperty law, industrial patents law, ancillary copyright laws, personality rights, and/or other third-party rights.
The User of the FUNDSBACK web page is solely responsible for the contents transmitted by it and for using the FUNDSBACK web page. The User shall be held responsible for contents related to FUNDSBACK that were provided or made available by a third party or by another User and transmitted using its registration.
FUNDSBACK retains the right, but without any obligation, to examine User content to determine whether it conforms with the permissible uses as outlined in these T&Cs. FUNDSBACK is entitled to block, modify, or delete User content in case of a violation or the possibility of a violation. Further, FUNDSBACK is entitled to block the respective User’s User Account entirely or partially immediately. The exercise of other rights on the part of FUNDSBACK remains unaffected.
Usage Rights
FUNDSBACK grants to the User a simple, revocable, non-transferable, and non-exclusive usage right for the usage of the FUNDSBACK web page, inasmuch as it is necessary for the use of the FUNDSBACK Webpage for estimation and Refund and state pension purposes in the context of these T&Cs. However, this user’s usage right is limited to its own purposes. A further commercial use or other exploitation of FUNDSBACK services or contents is not permissible.
The User is prohibited from duplicating the FUNDSBACK Webpage, be it entirely or partially, and from renting it or leasing it, processing it or otherwise modifying it, or from sub-licensing it. The User is furthermore prohibited from decompiling, disassembling or reverse-engineering (“Reverse Engineering“) the FUNDSBACK web pages
Third Party IP Rights, Indemnification
The User shall indemnify FUNDSBACK against all claims, including damages claims, which other Users or other third parties claim against FUNDSBACK on account of a violation of their rights by the User on account of contents uploaded or generated by the User to the FUNDSBACK Webpage or on account of any other use of the FUNDSBACK Webpage by the User, in particular on account of a breach of the duties set forth under clause 9 of these T&Cs. User accepts all reasonable costs accruing to FUNDSBACK due to a violation of third-party rights, including reasonable expenses arising in the course of Fundsback occuring a legal defense. All further rights and damages claims of FUNDSBACK shall remain unaffected.
If third parties claim against FUNDSBACK on account of its legal violation, the User is obligated to comprehensively and immediately inform FUNDSBACK to the extent required for an evaluation and for raising a defense.
If the use of the FUNDSBACK Webpage by the User violates third-party rights, the User will immediately cease the use of the FUNDSBACK Webpage, which is in violation of the contract and/or of statutes.
Availability
The User has no right to the ongoing and uninterrupted availability of the FUNDSBACK web page. FUNDSBACK does. However, endeavor to ensure the greatest possible availability and to remedy interruptions as quickly as possible.
Liability
Although FUNDSBACK strives to provide the utmost care when selecting the information offered, FUNDSBACK is not liable for its accuracy, timeliness, and completeness. FUNDSBACK assumes no responsibility for the content of websites referenced by this website and those set up by third parties. For illegal, incorrect, or incomplete contents and damage resulting from the use or non-use of the information contained in the linked pages, liable alone their provider.
FUNDSBACK is not responsible for the refund of pension refund where:
· The user has provided information that is false, inaccurate, incorrect, insufficient, or misleading in any way.
· The user has already received a refund.
· The user has already applied for a refund, either directly or through another person, natural or legal.
· The user owes money to German authorities.
· The German Pension Insurance has different information on its system than that provided by the user.
· The German Pension Insurance information leads to a decision that the user is not due a refund. Where there is a possible case for appeal within the law, such measures will be taken by the appointed lawyer, where the user information enables it to do so. FUNDSBACK will endeavor to help the user resolve these issues, provided it receives all necessary information and instruction from the user.
FUNDSBACK reserves the right to reject applications that FUNDSBACK may reasonably believe or suspect may intentionally or unintentionally violate any applicable local, State, Federal, or international law.
Power of Attorney
When the user signs a Power of Attorney permitting FUNDSBACK or the appointed lawyer to organize his/her refunds, he/she agrees to pay the fee FUNDSBACK for the organization of the refund. If the user has signed a Power of Attorney authorizing FUNDSBACK or the appointed lawyer to organize his/her refunds and has, with or without his or her knowledge, applied or authorized any other person, natural or legal, to organize the same refund, he/she will owe FUNDSBACK the fee for the organization of a refund, notwithstanding that the user has obtained a refund otherwise than with the assistance of FUNDSBACK.
If the relevant Pension Refund Insurance sends the due refund to the user directly, rather than to the appointed lawyer, the user still owes the processing fee in full to FUNDSBACK for the service rendered, which results in the refund being issued.
Instruction regarding § 210 German Social Code SGB VI
Before claiming a refund of contributions and by accepting these Terms and Conditions, the User confirms that he/she has read and accepted the following Instructions from the German Pension Insurance and wishes to pursue his/her claim for the refund of German Pension contributions.
Claim for refund of contributions under § 210 of the sixth volume of the German Social Code (SGB VI)
Dear Ms. / Dear Mr.,
You submitted a claim for a refund of contributions. Prior to taking a decision on your claim, we, herewith, Fundsback, provide some important information to you. Since a refund of contributions is irreversible, please note the possible consequences, and we request you to advise us whether you wish to pursue your claim nevertheless.
As soon as the contributions are refunded to you, the insurance agreement terminates. No more benefits can be paid based on the contributions which were refunded to you. If applicable, we recommend you to obtain exact information on your personal situation.
Insurance periods for which you have not paid any contributions yourself.
Under the legal regulations, you are only entitled to the refund of contributions made at your expense. Shares of contributions paid by other persons or authorities (such as your employer) cannot be refunded.
If you did not pay your share of certain contributions, such as contributions for periods of child raising, unemployment, army, or civilian service, these contributions are also forfeited and do not increase your entitlement to a contribution refund.
Voluntary contributions or compulsory contributions from self-employment
Did you pay voluntary or compulsory contributions from self-employment to the statutory German pension insurance? Please note that only half of them can be refunded to you.
German insurance periods may be important regarding your pension claim in another country.
Have you also paid contributions in countries with which the Federal Republic of Germany is linked by supernational or bilateral social insurance legislation? Your German insurance periods may be relevant for a pension entitlement in such countries if the periods completed are not sufficient to meet the qualifying conditions for a pension entitlement.
Following the contribution refund, no more insurance periods are left in your German pension insurance account. A totalisation of foreign insurance periods to meet the qualifying conditions for a pension in another country is no longer possible.
You can also have a German pension entitlement if you live abroad.
Even if you are not a German national and live outside the Federal Republic of Germany, you may also be entitled to a German pension, Fundsbackovided, if you fulfill the necessary qualifying conditions. You complete the minimum qualifying conditions for a pension and, for instance, would be entitled to a German retirement pension as soon as you attain the regular retirement age. Please do not hesitate to ask us about your pension entitlement acquired under the Fundsbackesent legislation. No more benefits from the German pension insurance are payable to you following a refund of contributions.
Future pension entitlement
Even if until the Fundsback sent date you have completed a German insurance period of less than 5 years, you may be entitled to a German pension, if you have completed or will complete further insurance periods in a country with which supernational or bilateral regulations link Germany.
At Fundsbackesent the respective regulations exist between Germany and the Member States of the European Union as well as with Albania, Australia, Bosnia-Herzegovina, Brasilia, Chile, India, Iceland, Israel, Japan, Canada / Quebec, Kosovo, Liechtenstein, South Korea, Morocco, Moldavia, Montenegro, North Macedonia, Norway, Philippines, Switzerland, Serbia, Turkey, Tunisia, Uruguay and the USA.
Further information
For further information regarding insurance periods, pension entitlement, and agreements on social security, please visit our website at www.deutsche-rentenversicherung.de. You may ask for the required information in seven foreign languages.
Further questions
If you have questions regarding the statutory German pension insurance or Social Security agreements, please do not hesitate to contact us. However, if you have questions about the pension insurance of other countries, please contact the relevant insurance institutions of such countries.
The user confirms that he/she has read and understood the above instructions and consequences regarding § 210 German Social Code SGB VI and wants to continue with the pension refund Fundsback.
Data protection
By agreeing to these Terms and Conditions, FUNDSBACK will ensure that the user’s personal information is protected, as described in our Privacy Policy.
Applicable Law, Place of Jurisdiction
Any existing or future legal relationships shall be governed exclusively by German law and shall be the responsibility of the German courts only.
Information on Online Dispute Resolution
The EU Commission has created an internet platform for online dispute resolution (so-called “ODR-Platform“). The ODR Platform serves as a point of first contact for out-of-court dispute resolution vis-à-vis contractual obligations arising out of online purchase and sale agreements or online service agreements. You can access the ODR-Platform via the following link: ec.europa.eu/consumers/odr.
FUNDSBACK is neither willing nor obligated to participate in a dispute resolution Fundsbackoceeding before a consumer Fundsbackotection agency dispute resolution service.
Miscellaneous
A refund of pension contributions might be subject to income tax in most countries. So, once the user receives the refund, the user confirms that it is his/her sole obligation to consult his/her local tax advisor.
Salvatory clause
If a determination of these T&Cs is invalid, unenforceable, or has a gap, this shall not affect the validity of the remaining determinations. In place of the invalid determination or to fill in the gap, a regulation shall be deemed as being agreed upon, which most closely approximates the economic intent of these terms and conditions.
25/03/2024
