State: 09/2010
of DVS System Software GmbH & Co. KG, Freiligrathstraße 6 - 6 a,
58636 Iserlohn - Germany
1. In
General
(1) The following general terms
of use are valid for all present and future business relationships between
DVS System Software GmbH & Co. KG (DVS as detailed below) and their
customers for the use of the online offer
www.dvspack4web.de.
(2) The
offer affects only customers with commercial or independent occupational
activities (employers).
2.
Object, Requirements
(1) Object of these requirements
is the conclusion of a contract for the use of the software application with
costs for the creating of construction designs for packagings offered by DVS
via
www.dvspack4web.
(2) The
use is made via internet to the software application hosted on a server.
(3) The
performance spectrum of the online offer results from each current product
description.
(4) DVS
are entitled to extend, modify and deviate the performance offer of their
products in as far as the contract purpose is not or only insignificantly
impaired for the customer.
(5) The
general internet admission is not object of the contract. The internet
admission and the use of a current version of a marketable browser is
required for the use of the online offer.
3.
Conclusion of a Contract
(1).With
his order the buyer mandatorily declares that he purchases the online
service offered by DVS with costs.
(2) With
order on electronic way DVS will immediately inform the buyer about the
receipt of the order. The acknowledgment is no binding acceptance of the
order. The acknowledgment can, however, be combined with the acceptance
declaration.
(3)
The contract between the buyer and DVS comes about with the written
acceptance of the contract offer by DVS and the transmission of the
admission data.
4.
Prices, Remuneration, Terms of Payment
(1) The
admission as well as the use of the contents contained in the contract are
calculated in accordance with the actually valid product description and the
price list.
(2) The
admission is company-related and can be used by several staff members.
(3) If no
different mode of payment is arranged the invoicing is made monthly with use
of the online services. The invoice amount falls due with the invoicing.
Payment has to be made without deduction to one of the accounts named in the
invoice. If default is made DVS are entitled to lock the supply of further
services.
(4) The
customer is informed about price changes. After notice of the changed prices
the contract continues its validity with changed conditions after the end of
the following month.
(5) Price
increases entitle the customer to terminate the contract to the end of the
following month after notification. The termination must be made in writing.
5. Data
Transmission of the Construction Design
(1) The
construction design in dxf format can optionally be had from DVS either by
download via web page or by e-mail.
(2) If
the individual call is with costs according to contract the cost liability
for the call starts with the confirmation of the download button. If the
download is without success the customer automatically gets a link to the
registered e-mail address for a repetition of the download.
6. Rights
and Duties of the Customer
(1) For
the use of the online services the customer obtains the simple, not solely
limited to the duration of the contract and not transferable contractual
right of property within the framework of the contract and the following
terms. Rights to the contents (catalogs, samples, etc.) are not involved.
(2) The
contractual right of property to the construction design created by the
customer via online offer has no temporary limitation.
(3)
In case of a delay of payment the contractual right of property to the
construction design can be withdrawn. The withdrawal for the contractual
right of property is also possible if the customer defaults another claim of
the online offer.
(4) The
customer can continuously dispose of the online services. The availability
of the online services can be limited at times from technical reasons, e.g.
because of necessary or matters of routine maintenance services.
(5) With
entering into the software use contract the customer acquires a user account
and obtains a user name and a password for the use of the online offer.
Several users in one company have to register themselves individually and
each obtain a separate user account with access data. The results of the
construction process are sent to the registered users’ corresponding e-mail
addresses.
(6) The
customer is responsible for the non-disclosure of the log-in data and has to
prevent their misuse. He guarantees that his authorized users comply with
this obligation. If the customer hears about a misuse DVS must be informed
immediately. In case of misuse DVS are authorized to block the access to the
database. The customer is held liable for a misuse he is responsible for.
7. Breach
of Contract
If the
customer or his authorized users break provisions of the contract DVS are
entitled to cancel the contract without notice. In case of the use of the
online services DVS are also entitled to block the access to the online
services with immediate effect. Claims for damages remain unaffected.
8. Period
of Validity and Cancellation
(1) The
contractually agreed periods of validity are effective for the respective
product.
(2) The
due and proper notice is ruled out during the agreed period of validity.
(3) If
the use contract is not cancelled within the deadline of 1 month of contract
termination the use contract is extended to an unlimited use contract with
due and proper period of notice of 1 month to the end of the month.
(4) The
cancellation is to be made in writing.
9. Data
Protection, Confidentiality
(1) Under
§ 33 Bundesdatenschutzgesetz the customer herewith is informed that in order
to implement the contract person-related data are stored in machine-readable
form,
mechanically processed and, if necessary, forwarded to participating
cooperation partners, vicarious agents and service agents to the necessary
extent.
(2) DVS
process the customer’s collected data to implement the contract, to maintain
the constant customer relationship, to back up quality and to advance
products by customers’ interviews and to forward information about current
offers and prices. The customer gives his agreement to the receipt of
e-mails. The customer can withdraw his agreement for the use of his e-mails
for advertising purposes any time. Collected data are only passed on to
third parties in as far it is necessary for the implementation of the
contract.
(3)
Inquiries and profiles (current inquiries to a definitely outlined subject)
of the customer can also be mechanically stored and processed.
(4) DVS
guarantee the confidential handling of the disclosed data. If the forwarding
of the customer’s data to a third party is necessary (cooperation partners,
vicarious agents, service agents) those are indentured to observe data
protection law provisions. This duty continues after termination of the
contract.
(5) The
customer’s rights are determined according to the regulations of the
Bundesdatengesetz (BDSG) (federal data law).
10.
Copyright
The
customer accepts that the available information offers are database works in
the sense of the copyright created by DVS. The – also in extracts –
mimeographing of contents of the online offer is prohibited and requires the
express agreement.
11.
Warranty Claims and Liability
(1) With
defects the customer’s rights are determined under the tenancy law
regulations of the Civil Code (BGB).
(2) In
case of a breakdown of the database server operated by DVS or the online
offer cannot be reached over a considerable period of time (more than 2
hours) during the usual business hours the customer is entitled to a
reduction. The reduction is calculated on the basis of the monthly basic
payment in proportion of the time nobody can be reached during the usual
business hours to the monthly time when contact can be made during the usual
business hours. Usual business hours are on workdays Monday till Friday from
7:00 to 18:00 hours.
(3)
There are no claims for damages which go beyond the reduction when the
online offer cannot be reached.
(4)
Packagings that can be constructed via online offer are construction designs
on the basis of standard catalogs which depend on the customers’ selection
and input of measurements. Because of the standardized construction
calculations the customer must check before the production whether the
construction is feasible in general. Before production the customer must
check himself or have a packaging manufacturer check the construction for
accuracy of the measurements, fitting (especially of multiple parts
packagings), statics and feasibility (selection of material). DVS does not
take on any guarantee for the accuracy of measurements, fitting, statics and
feasibility.
(5)
Claims for damages which are not founded on DVSs’ wilful and/or grossly
negligent breach of contract are excluded. If a damage is founded on damage
caused by default or impossibility and DVS and their staff members cannot be
blamed of gross negligence, only the direct damage is compensated.
12. Final
Provisions
(1) The
valid law is the law of the Federal Republic of Germany.The provisions of
the UN sales law do not apply.
(2) Place
of jurisdiction is Iserlohn provided that the customer is merchant, legal
entity under public law or public special assets.
(3)
Should a provision of this contract be null and void or challenged the other
provisions will remain unaffected.
DVS System Software GmbH & Co. KG
Freiligrathstrasse 6 - 6a
D-58636 Iserlohn
Germany
Get further information at http://www.dvserp.de
Stand 24.09.2010