Did you receive an invoice after a phone call with Suchmaschinenservice GmbH? Perhaps it was for a business listing on suchmaschinenauskunft.com, search engine optimization services, or other measures to improve your online visibility? However, you don’t recall intentionally entering into a paid contract, or do you feel the phone call went differently than you expected?
In such cases, the invoice should not be paid hastily, but it should not simply be ignored either. Whether a valid contract was actually formed and whether the claimed debt is valid depends on the specific content and course of the telephone conversation.
Invoice from Suchmaschinen Service GmbH following a phone call
Clients have told us about phone calls following which they received invoices from Suchmaschinen Service GmbH, some of which were for substantial amounts.
According to accounts from those affected, the conversations often begin by focusing on the company’s visibility on the Internet or on Google. Some clients report that during the conversation, they were given the impression that a business relationship already existed or that an existing contract needed to be renewed. Others describe being told that their visibility on Google could deteriorate or be lost.
As the phone call proceeds, depending on the cases described to us, a portion of the conversation may be recorded. This recording is then intended to document the conclusion of a contract subject to a fee.
However, whether a contract was actually formed—and, if so, what its terms are—cannot be determined solely on the basis of an invoice. The decisive factors are the statements made during the specific phone call and the overall circumstances of that call.
Can a contract be validly concluded over the phone?
Generally speaking, yes. A contract can also be concluded over the phone between businesses. For services such as business listings, online marketing, or search engine optimization, no specific legal form is generally required.
However, for a contract to be concluded, there must be mutual declarations of intent. In particular, it must be sufficiently clear what service is being ordered, at what price, and, if applicable, for what term.
A recording of a conversation can serve as evidence of the statements contained therein. However, it does not automatically answer all questions regarding the formation of the contract. In particular, what was discussed before the recording began and the context in which the statements later recorded were made may also be significant.
That is precisely why the entire course of the phone call—not just a single recorded segment of the conversation—should be evaluated from a legal perspective.
Do business owners have a right of withdrawal for a phone contract?
Anyone who has entered into the contract as a businessperson within the meaning of Section 14(1) of the German Civil Code (BGB) in the course of their commercial or self-employed professional activities generally cannot invoke the consumer-protective right of rescission applicable to distance contracts.
For this reason, a simple “cancellation” is often not the correct legal approach for contracts between businesses.
However, that does not mean that an invoice must be paid without being reviewed. Depending on the circumstances, other objections to the claim may be considered.
Contestation on the Grounds of Fraudulent Misrepresentation
If a declaration of intent was induced by fraudulent misrepresentation, it may be contested under Section 123(1) of the German Civil Code (BGB).
This may be a matter for review, for example, if it can be shown that false statements were made regarding the reason for the phone call, an allegedly existing contractual relationship, the contracting party, or other circumstances material to the decision.
Whether fraudulent misrepresentation actually occurred, however, can only be determined based on the specific course of the conversation. In particular, the decisive factors are what information was actually provided and whether that information was the cause of the subsequent contractual declaration.
Pursuant to § 142(1) of the German Civil Code (BGB), a valid challenge generally results in the challenged legal transaction being deemed void ab initio.
Was the calculated amount even agreed upon?
Regardless of whether the contract might be contested, it must be determined what specific service was the subject of the contract concluded over the phone.
If, for example, the invoice includes a business listing on suchmaschinenauskunft.com, a website, search engine optimization, or additional online marketing services, the contract must include a corresponding agreement.
Particularly in cases involving extensive service packages, various contract modules, or substantial invoice amounts, it may therefore be necessary to carefully review which services were actually ordered and what compensation was agreed upon for them.
Is an exceptionally high price invalid?
A high or economically unattractive price does not, in and of itself, render a contract invalid.
However, in cases of a particularly glaring imbalance between performance and consideration, an examination under § 138 BGB may be warranted. The requirements for usury under § 138(2) BGB go beyond a mere imbalance between price and performance. The specific requirements listed there must also be met, in particular the exploitation of a corresponding situation of vulnerability.
In this regard, too, it therefore depends on the specific circumstances of each individual case.
What should you do after receiving an invoice?
Anyone who unexpectedly receives an invoice from Suchmaschinen Service GmbH or for services on suchmaschinenauskunft.com following a phone call should first preserve all documentation related to the transaction. This includes, in particular, the invoice, contract documents, emails, letters, and other correspondence. Your own notes regarding the course of the phone call may also be important for a later legal assessment.
A claim should neither be acknowledged hastily nor simply ignored. In particular, when receiving a demand for payment or a letter from an attorney or a debt collection agency, you should determine what response is appropriate.
The matter is particularly urgent if a court order for payment has already been served. The order for payment generally requires the debtor to pay within two weeks of service or to contest the claim.
Legal Review of an Invoice from Suchmaschinen Service GmbH
We review on behalf of companies whether a valid contract was formed based on the specific course of the telephone conversation and whether the claim being asserted is legally enforceable.
In doing so, we examine, in particular, the alleged conclusion of the contract, the content of any existing call recording, the course of the preceding phone call, the agreed-upon services and prices, as well as any possible grounds for rescission and other objections.
Have you received an invoice, a reminder, or a notice of default from Suchmaschinen Service GmbH? Please send us the relevant documents for review. We will assess the claim based on the specifics of your case and, if necessary, handle further representation, whether out of court or in court.
This article provides a general overview. Whether action can be taken against a specific claim—and on what grounds—is something we must assess on a case-by-case basis.
