General Business
Terms and Conditions
These General Business Terms and Conditions shall
apply for all search and monitoring services rendered by i-relations
GmbH in the services of IPRGuard and Researcher24 (hereafter,
"Rs24"). Orders and purchases may be processed upon
the Internet pages of TMsearcher24 exclusively through the Shop-System
of Researcher24, which is available in English and German. Deviations
from this may become a contractual component only through express
written agreement.
All services utilized by the Customer shall be calculated upon
the basis of the current price list of Rs24 and in accordance
with the current performance specifications that are available
on the Internet. All prices are understood to include the statutory
VAT.
The Rs24 promotion codes (vouchers) have a time-related and/or
product-related validity that is stated upon delivery of the voucher.
There are no cash payments made for a voucher. A voucher can be
used exclusively with a completed order made to Researcher24.
The ordering shall be made electronically through the Internet
web site of researcher24.de, by fax or e-mail. At the same time,
any transmission errors shall be the responsibility of the Principal.
Rs24 shall reserve the right to reject orders.
The contractual partner is that legal entity which awards the
contract. Awarding the contract in the name of third parties is
permissible only with express power of representation. The obligation
of the direct Principal to pay the invoiced amount shall remain
unaffected by the invoicing in the name of third parties.
For its services, Rs24 shall avail itself of databases that are
considered to be reliable. For data supplied by third parties,
no guarantee shall be assumed regarding completeness, updating
and accuracy. Rs24 shall likewise make no assurances or guarantees
that the use of its products and services will be able to achieve
certain results.
Processing times for the services offered are based upon the respective
product specifications and are similar to stated approximate values.
In the event of instances of force majeure or operational disruptions
for which Rs24 is not directly responsible, the processing time
shall be extended. For consequences that are derived from such
delayed processing time, Rs24 shall assume no liability.
With respect to the similarity product level (similarity search),
the Principal shall be obliged to examine whether the search terms
used were selected properly and comprehensively. In the event
that Principals, upon the basis of the data for the search that
has been carried out, are of the opinion that the search is to
be extended, Rs24 shall affect this for the Principal with no
additional costs and transmit the additional search results by
e-mail or telephone. In the event that the Principal fails to
carry out the impending examination and make immediate notification,
the Principal shall indemnify Rs24 in this respect from any further
performance and any possible liability derived from the non-extension
of the search.
For the IPRGuard (IPRG) and IPRGsc products, sources such as particularly
the Internet are resorted to which have no permanent state and
are subject to constant change. In this respect, no guarantee
can be made regarding the completeness, updating and correctness
in the IPRG and IPRGsc statements. Likewise, IPRG and IPRGsc shall
make no assurances or guarantees that, through the use of its
products and services, certain results can be achieved.
Furthermore, damage compensation claims due to the impossibility
of the performance, breach of an obligation, negligence in the
conclusion of the agreement and tortious acts, both against Rs24
as well as with respect to their vicarious agents shall be excluded,
provided that no intentional wrongdoing or gross negligence has
taken place.
For all other non-excluded claims from this agreement, the service
provider shall be liable only for intentional wrongdoing or gross
negligence up to a maximum amount of five times the fee to be
paid for the order. Provided that contract work law does not specify
a shorter statute of limitations, damage compensation claims of
the Principal shall become statute-barred six months after the
completion of the order.
Rs24 shall not be liable for information transmitted by third
parties and certainly neither for its completeness, correctness
or updating nor that it is not subject to third-party claims or
that the transmitter of the information has handled illegally
by transmitting the information.
For failures in the distribution network of the Internet as well
as server and software problems of third parties, Rs24 shall not
be responsible and not liable. The performances of Rs24 shall
be rendered in such a manner as they are available currently,
without any express or implicit assurances being given, particularly
regarding the existence of copyrights or other rights, the usefulness
or suitability for a certain purpose.
The provision and transmission of search results shall take place
at the risk of the Principal.
The supplied search results shall remain the property of i-relations
GmbH until the payment in full by the Principal. All copyrights
shall be reserved. All services are intended only for the Customer's
own use or, in the event of information transmission, for its
Principal's own use. Any copyright, dissemination and reprinting
for any other commercial use is prohibited.
In accordance with § 33 of the German Data Protection Act,
Rs24 points out that it saves, uses and processes personal data
in the execution of the agreement. If Rs24 commissions third parties
for the rendering of the services offered, Rs24 shall be entitled
to disclose the customer data if this is required for the operational
security. The Principal hereby declares that it is in agreement.
German law shall apply.
Lüneburg, Germany, has been agreed upon as the legal venue. |