Standard Terms and Conditions (CTGs) for the products and services of made-in-germany.com AG, Volmerswerther Str. 328, 40221 Düsseldorf
- The purpose of made-in-germany.com AG is to facilitate searching for company data on the Internet. Users of the made-in-germany.com AG Internet portal can access information in various categories about companies, initiatives and services.
- made-in-germany.com AG provides services solely on the basis of these Terms and Conditions. No other conditions apply, even if made-in-germany.com AG does not explicitly refute them.
- made-in-germany.com AG only applies these Terms and Conditions in relation to company owners and in the context of their commercial or professional activities. In exceptional circumstances, made-in-germany.com AG may agree special terms with individuals. General use of the Internet service provided by made-in-germany.com AG for accessing information is governed by the Standard Conditions of Use (ANB).
- made-in-germany.com AG offers various service packages which may incur a charge or may be free of charge.
§2 Responsibility of made-in-germany.com AG
- made-in-germany.com AG makes the content, data and advertising material on its Internet website available for use on the Internet. made-in-germany.com AG is not responsible for the transmission of the data from the made-in-germany.com AG server to the client or to third parties and will accept no responsibility and no costs for this process.
- made-in-germany.com AG undertakes to comply with data protection requirements and only to use data provided by third parties within a legally permissible framework. made-in-germany.com AG makes the content it receives available to visitors on the Internet for non-commercial information purposes in accordance with the Conditions of Use.
- made-in-germany.com AG is not responsible for the data supplied by third parties. This applies to the content, accuracy, design and completeness of the data.
- made-in-germany.com AG obtains its data from suppliers. The greatest possible care is taken in selecting the material. The data is continuously updated. made-in-germany.com AG carries out random sampling of data to check that it is accurate, complete and up-to-date. It is nevertheless still possible that data may be inaccurate, incomplete or out-of-date. made-in-germany.com AG accepts no liability for this. If the rights holder does not agree to data being entered by made-in-germany.com AG or passed on to made-in-germany.com AG by third parties, he/she is entitled to have it corrected immediately, free of charge.
§3 Responsibility of the client
- The client shall supply made-in-germany.com AG with all the information required for fulfilling the terms of the contract, in good time. The client must confirm that he/she is entitled to pass on and distribute the data which is being supplied and that he/she for their part will also comply with data protection conditions.
- The client shall be responsible for the accuracy, completeness and legality of the data being supplied. He/she must explicitly confirm that this data complies with relevant legislation. The client shall indemnify made-in-germany.com AG against any losses which the company may incur arising from breaches of the law committed in relation to the content which has been given or passed on to it by the client.
- The client shall only make the services provided by made-in-germany.com AG available to third parties following approval from made-in-germany.com AG, except where the third parties are end-customers or visitors to the Internet site who are using the services for their own purposes. Under no circumstances will made-in-germany.com AG allow clients or third parties to download data material.
- The client shall report promptly to made-in-germany.com AG any obvious defects or faults in the service provided and any imminent risks (e.g. from viruses) or indications of misuse by third parties. He/she shall take all reasonable steps to identify, limit and document these defects and faults.
§4 Rights of made-in-germany.com AG
- made-in-germany.com AG is entitled to undertake maintenance work on servers, databases etc. Any interruptions to the availability of data will be kept to a minimum.
- made-in-germany.com AG can refuse entries, advertisements or access to other services if the entries in question are not technically feasible or do not comply with current legislation.
- made-in-germany.com AG is entitled to temporarily prevent access to some of the data supplied if third parties claim that their rights would be infringed if the data were published, or if for other reasons there is justifiable doubt about its legality. This does not affect the right to claim compensation. If the client is unable to demonstrate legality when asked to do so by made-in-germany.com AG and within the specified period, then made-in-germany.com AG is entitled to terminate the contract prematurely.
- The logo of made-in-germany.com AG and all product names used on its Internet portal are for the sole use of made-in-germany.com AG, the companies using its services or their partners. All unauthorised or wrongful use of these trademarks is explicitly prohibited and represents a breach of trademark law, copyright, other commercial proprietary rights or competition law.
§5 Rights of use
- The client shall agree that made-in-germany.com AG should store his/her data in its databases and use this data as part of its commercial activities and in compliance with legal requirements. In particular, made-in-germany.com AG is entitled to reproduce, distribute, send or transfer such data, make it available to the general public for the purpose of information, convey it to the public, edit it in any way, supplement it or link it to other content, without restriction, as part of the made-in-germany.com AG network.
- made-in-germany.com AG is exclusively entitled to all rights in relation to the client.
- All other types of use, especially the translation, editing, arrangement, revision or distribution of the material (apart from what is contractually agreed) must be approved by made-in-germany.com AG.
- Any copyright notices, other legal provisos, serial numbers or other special features in the database and other content must not be changed or rendered unrecognisable. The client will indicate the rights ownership of made-in-germany.com AG on his/her website.
- The client will allow users of his/her website (end-customers) to access the data and content of made-in-germany.com AG, but only in accordance with the Conditions of Use of made-in-germany.com AG.
§6 Liability for proper quality and sound title
- made-in-germany.com AG accepts liability for the functioning of the services it provides and the availability of the data stored on its servers. It accepts no liability for minor impairment of the usability of the data.
- made-in-germany.com AG offers no guarantee for free services.
- In general, faults and defects can only be corrected if they are reported in good time by the client. No liability can be accepted in the case of obvious faults which are not reported in writing within two weeks of their being observed or of their availability to be observed.
- In general, the guarantee will be honoured by the correction of faults and by their subsequent rectification. made-in-germany.com AG accepts no responsibility for the accuracy of the content of client data. Isolated incorrect results occurring when data is being imported by the client or third parties can be corrected by informing made-in-germany.com AG. Where a legal fault has been proven, made-in-germany.com AG will honour its guarantee by its subsequent rectification, or by providing the client with a legally correct way of using either the service in question, or, at the client's discretion, a replacement or amended service of equivalent value.
- If the subsequent rectification fails, the client shall be entitled to reduce the payment or to terminate the contract. Claims for compensation or reimbursement of money spent to no avail are governed by clauses 6 - 8. No other claims are permissible.
- made-in-germany.com AG will only offer compensation or reimbursement of money spent to no avail, for whatever legal reason, in the following circumstances:
- in the case of intent, and in cases where made-in-germany.com AG gave a guarantee or accepted the procurement risk: in full;
- in the case of gross negligence: to the sum of the typical and predictable loss which the failed obligation was intended to prevent;
- iin other cases, apart from the case of a free service, and only where there has been a breach of a fundamental obligation, putting at risk the purpose of the contract: a sum limited to compensation for the typical and predictable losses anticipated when the contract was signed, and restricted, for total losses per calendar year, to the aggregated monthly payments for the year in question. For incomplete calendar years, the maximum amount of liability is calculated accordingly for a complete calendar year.
- Legal liability in the event of personal injury and in accordance with the Product Liability Act remains unaffected. The option of claiming contributory negligence, especially in the case of inadequate data protection, remains open.
- If a loss has occurred as a result of providing telecommunications services for the general public then, notwithstanding clauses 6 and 7, made-in-germany.com AG is liable for pecuniary loss under § 7 of the Telecommunications Customer Protection Ordinance (TKV).
§7 Data protection
- The client is hereby informed that made-in-germany.com AG will collect, store, edit and pass on to third parties the client's data to the extent required to meet the terms of the contract and in accordance with data protection regulations. made-in-germany.com AG ensures that its employees who are responsible for editing personal data sign a confidentiality agreement and that any third parties employed by made-in-germany.com AG to perform the services in question also comply with data protection regulations.
- made-in-germany.com AG will not pass this data on to third parties more than is necessary in order to meet the terms of the contract without permission from the client, unless required to do so by national authorities or internationally recognised technical standards.
- The client should be aware that made-in-germany.com AG has no influence over how the information provided is used by end-users. Any liability for the correct use of the data by third parties is therefore limited to those cases where such illegal use of the data was made possible by demonstrable intent or gross negligence on the part of made-in-germany.com AG.
§8 Term of the contract
- The contract shall initially be signed for a period of one year. It will be extended for another year, provided that it is not terminated in writing with a period of notice of three months before the end of the contract. This does not affect the right to terminate the contract with good reason.
§9 Terms of payment
- The payment and due date are as stated on the order or order confirmation. The obligation to pay does not depend on the (address) data that is necessary for payment being supplied by the client. All amounts are net amounts to which VAT must be added.
- Set-off is only permitted in the case of undisputed or legally confirmed debts arising from the same legal relationship. Payments are either collected by automatic direct debit from the named bank account or made by transfer or crossed cheque. In the case of payment by direct debit, the client shall explicitly state that he/she authorises made-in-germany.com AG to collect amounts due from the named bank account (direct debit is only possible from a German Giro account). In the case of a returned debit instruction for which the client is responsible, made-in-germany.com AG will make a flat rate charge of EUR 10.00 (to cover bank charges and processing) per direct debit. If a subsequent direct debit collection is again unsuccessful, or the invoiced amount (plus the flat rate processing charge) is not transferred within 10 days, then further costs will be incurred which we will charge for separately on a cost-for-cost basis.
- In the case of late payment by the client, made-in-germany.com AG is entitled to block access to the client's data or to other made-in-germany.com AG functions. The obligation to pay and the right to claim legal compensation for losses caused by the delay remain unaffected.
§10 Other conditions
- No supplementary agreements exist. Any changes to the contract must be made in writing; this applies also to waiving the need for written form. Faxes and emails count as written form.
- The contract is subject to German law. The place of fulfilment and exclusive place of jurisdiction is the headquarters of made-in-germany.com AG if the client is a trader or has his/her headquarters outside Germany.