Your virtual office in Berlin
Terms and Conditions
for the “Büro Berlin” services of WITOS GmbH (translation of the German AGB)
[Draft – have it reviewed by a lawyer before use in contracts.] Only the German version is legally binding.
1. Scope
These General Terms and Conditions (AGB) apply to all contracts for the “Büro Berlin” services – business address, mail forwarding, digital mail service and bookkeeping – between WITOS GmbH, Cauerstr. 23, 10587 Berlin (“we”), and its clients.
Our services are offered exclusively to businesses (Unternehmer within the meaning of § 14 BGB), legal entities under public law and special funds under public law. We do not enter into contracts with consumers. Anyone booking the services for a future commercial or self-employed activity (start-up) also acts as a business.
Deviating terms of the client apply only if we expressly agree to them in text form. Individual agreements in the quote or contract take precedence over these AGB.
2. Conclusion of contract
Services and prices on our website are not a binding offer. A request via the form or by email is not yet a contract; we reply with a quote.
The contract is concluded when the client accepts our quote and we confirm the contract in text form (e.g. by email). We confirm only once the identification under clause 4 is complete. From our confirmation the client may use the address (start of service).
We may decline requests without giving reasons.
3. Services
The scope is defined by our quote and the service description on our website at the time the contract is concluded. The business address is the basis; mail forwarding, digital mail service and bookkeeping are options that can only be booked together with the business address.
Business address: the client may use the address Cauerstr. 23, 10587 Berlin as the business address of its company (clause 5). We put the client’s company name on our mailbox, accept mail addressed to the client during our business hours and keep it safe. Collection on site is possible by appointment. Office or work space is not part of the service.
Mail forwarding: once a week we send the letters received, bundled, to an address chosen by the client, which the client may change at any time. Postage and packaging are charged in addition under clause 8.
Digital mail service: on the client’s instruction in text form we open the client’s letters, scan them in full and email the PDF files to the recipients the client specifies – optionally with rules by letter type. We keep the originals, forward them with the weekly mail or shred them securely, as the client decides. The client keeps the list of recipients up to date.
Bookkeeping: ongoing bookkeeping (recording day-to-day transactions, monthly overview for the client and its tax advisor) is agreed separately; scope and price depend on the volume of receipts and are set out in the quote. Tax advice, annual accounts, tax returns and advance VAT returns are not included.
We do not provide legal or tax advice. Whether the address is recognised for a particular purpose – for example as business premises or place of management – is decided by the trade office, the register court and the tax office.
4. Identification under the Anti-Money Laundering Act
Anyone who provides a business or postal address for others is obliged under § 2(1) no. 13(c) of the German Anti-Money Laundering Act (GwG) to verify its clients. Before the business relationship begins, we therefore identify the client, the persons acting on its behalf and the beneficial owners, and record the purpose of the business relationship (§§ 10, 11 GwG).
The client provides us with the information and documents required (§ 11(6) GwG), in particular a valid ID card or passport of the persons acting, for companies a current register extract, the list of shareholders or comparable evidence and details of the beneficial owners, and for start-ups the notarial deed of formation.
The client notifies us without delay in text form of any changes – for example to the company name, legal form, registered seat, management, shareholders, beneficial owners or contact details. We may review the information during the term and request current documents.
If we cannot fulfil these obligations, we must not establish or continue the business relationship (§ 10(9) GwG). In that case we decline the contract or terminate it under clause 7. We keep the documents for five years from the end of the calendar year in which the business relationship ends (§ 8(4) GwG).
5. Permitted use of the address
The client uses the address only for the company named in the contract and only for lawful purposes. Permitted uses include in particular trade registration, registration as registered seat or domestic business address in the commercial register, and use in the website imprint and on business stationery.
Not permitted are in particular: use for other companies or persons without our consent (including as a c/o address); registering a residence; statements that pretend there are own offices or staff at the address; arrangements that conceal owners, management, cash flows or tax obligations (sham seat); any use for unlawful purposes.
In the event of a breach we may suspend the services after an unsuccessful warning or terminate the contract without notice; no warning is needed for serious breaches. The client indemnifies us against third-party claims arising from a breach of contract for which the client is responsible.
6. Mail authorisation, registered mail, parcels and official mail
By concluding the contract, the client authorises us to receive all items addressed to the client at the address, including registered mail and formal service of documents. On request the client also signs the authorisation forms of the delivery services. We open letters only as part of the digital mail service (clause 3).
Items arriving at the address are generally deemed received by the client when they reach us; deadlines may start to run from then. The client chooses collection, forwarding or scanning so as to receive its mail in time.
We inform the client by email [within one working day] of incoming registered mail, formal service and mail from courts and authorities – with the digital mail service by the scan. We do not review content or monitor deadlines.
Parcels and items that do not fit into a mailbox are accepted only by prior arrangement: [size, weight, storage period and price for parcels]. We do not accept cash-on-delivery or customs items, cash, valuables, or dangerous, perishable or prohibited goods.
Mail that is neither collected nor forwarded is kept for up to [storage period] and then sent to the client’s last given address at the client’s expense.
7. Term and termination
The contract begins with our confirmation and has a minimum term of [minimum term]. After that it continues for an indefinite period and may be terminated by either party with [notice period] notice to the end of a month.
The client may add or cancel options (mail forwarding, digital mail service, bookkeeping) [monthly]; the business address is not affected.
The right to terminate without notice for good cause remains unaffected. Good cause for us exists in particular if the client does not cooperate in the identification or fails to report changes (clause 4), uses the address in breach of contract (clause 5) or is two monthly fees in arrears.
Notice of termination must be given in text form (e.g. by email).
8. Fees
The prices in our quote apply. All prices are net plus statutory VAT.
Monthly fees are due monthly in advance and payable without deduction within [payment term] of the invoice date. For the first month we charge the fee pro rata by calendar days from the start of service.
Postage, packaging, registered-mail and customs fees and surcharges for insufficient postage are charged [at actual cost]. We may request a reasonable advance for them.
We issue invoices electronically by email. Payment is made to the account stated on the invoice.
9. Late payment and suspension
In the event of late payment the statutory rules apply, in particular default interest of nine percentage points above the base rate and the lump sum under § 288(5) BGB.
If the client is more than 14 days in arrears, we may suspend forwarding, scanning and bookkeeping until the arrears are paid, provided we have announced this in text form at least seven days in advance. We do not suspend the acceptance of mail or the information about mail under clause 6. The obligation to pay remains.
10. Liability
We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the Product Liability Act and to the extent we have given a guarantee.
For slightly negligent breach of material contractual obligations we are liable only for typical, foreseeable damage. Material obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the client may regularly rely – for example careful acceptance and safekeeping of the client’s mail. Otherwise, liability for slight negligence is excluded.
These rules also apply to the liability of our employees and vicarious agents. We give no warranty for decisions of authorities, courts and registers on the recognition of the address.
11. End of contract
When the contract ends, the client may no longer use the address. In good time beforehand, the client updates its details with the commercial register, trade office and tax office, in its imprint, on business stationery and with business partners, and on request proves the change in the commercial register.
Mail arriving after the end of the contract is forwarded for [run-off period] to the last given address against reimbursement of postage and [handling fee]. After that we no longer accept mail for the client.
If the client continues to use the address after the end of the contract, it owes a usage fee for each month begun equal to the last agreed monthly fee for the business address. Further claims remain unaffected.
12. Data protection
We process personal data in accordance with the General Data Protection Regulation. Details are set out in our privacy policy on this website (page “Privacy”).
Where we process personal data on behalf of the client for the digital mail service or bookkeeping, we conclude a data processing agreement with the client under Art. 28 GDPR.
13. Final provisions
The law of the Federal Republic of Germany applies.
If the client is a merchant (Kaufmann), a legal entity under public law or a special fund under public law, Berlin is the place of jurisdiction for all disputes arising from the contract. We may also sue the client at its general place of jurisdiction.
Should any provision of these AGB be or become invalid, the rest of the contract remains valid; the statutory provisions take the place of the invalid provision.
The German version of these AGB is authoritative. The English translation is for information only.
Last updated: October 2026