General Business Terms
1.1 All deliveries, services and offers from synavision GmbH are executed exclusively on the basis of these General Business Terms. They are components of all contracts, which will be concluded between synavision GmbH and their contracting partners (subsequently mentioned also „Business Partners“) covering deliveries and services offered by them. They are also valid for all future deliveries or offers to the Business Partner, even if they are not separately agreed upon once more.
1.2 Terms of Business of the contracting partner or of Third Parties will not be applied, even if synavision GmbH does not exclusively contradict their validity in individual cases. Even if synavision GmbH refers to a letter including Terms of Business of their contracting partners or of their Third Parties or draw attention to those, they do not agree to the validity of those Terms of Business.
1.3 The General Terms of Business are also applicable for all users of the Software products and services from synavision GmbH. Should the rights to access to a service be passed on by a contracting partner to a Third Party, the present Terms of Business are also valid for him.
2. Offer and Contract Conclusion
2.1 All offers from synavision GmbH are continuously subject to change and without engagement, unless they are not expressly marked as obligatory or include a certain term of acceptance. Orders or contracts can be accepted by synavision GmbH within a fortnight after receipt.
2.2 The Business Partner must draw the synavision’s attention to evident errors (e. g. mistakes in writing and arithmetical errors) and incompleteness of the order including the order documents for the purpose of correction respectively completeness before acceptance; in other circumstances the contract shall not be considered as concluded.
2.3 Verbally, telephonically or otherwise electronically placed contracts will only be executed on risk and perils of the Business Partner and require for the obligation of synavision GmbH their written consent.
2.4 Definitely is the contract concluded in written form for the legal relationship between synavision GmbH and the principal including these General Terms of Business. It submits completely all subsequent agreements between the contracting parties to the object of a contract. Verbally consents from synavision GmbH before conclusion of this contract have no legal force. Verbal subsequent agreements of the contracting parties will be replaced by the contract in written form.
2.5 Indications from synavision GmbH to the object of the delivery or service as well as illustrations and descriptions of it are only vaguely decisive, unless the applicability does not presume an exact accordance to the contractual agreed purpose. They are not guaranteed characteristics, but descriptions or markings of the deliveries or services. Commercial deviations and deviations which result due to legal prescriptions or represent technical improvements as well as the replacement of system components by equivalent parts are admissible, unless they do not infringe the applicability to the contractual agreed purpose and are reasonable for the contracting Business Partner.
2.6 If the Business Partner prescribes expressly the participation of the subcontractors, synavision GmbH assumes no liability for their deliveries, but commits themselves to the assignment of claims, as far as they mandated the subcontractors under their own name.
2.7 If the scope of each order execution is changed during the order fulfillment by mutual accord, especially is extended, so synavision GmbH can require a respective adjustment of the agreed prices and reimbursements, especially their increase. synavision GmbH is authorized, to cease preliminary the execution of the order until the agreement about a respective adjustment of the prices and reimbursements, provided they have informed the Business Partner about that fact before. Delays resulted from that are not at charge of synavision GmbH. A unilateral change of the order scope executed by the Business Partner is excluded.
3. Prices and Payments
3.1 The prices are valid for the Scope of Services and Supply mentioned in the order confirmations. Additional or Special Services will be separately invoiced. The prices are to be understood in EURO currency. Travelling expenses in Germany, unless otherwise agreed, are not included in the prices.
3.2 Invoice amounts are to be paid immediately after billing without any deduction, unless otherwise agreed in written form. Decisively for the date of payment is the receipt of payment at synavision GmbH.
3.3 Upon unpunctual payment of the buyer synavision GmbH is entitled without notice of default to charge default interest.
3.4 The compensation with counterclaims of the Business Partners or the retention of payments due to those claims are only admissible, unless the counterclaims are uncontended or determined without further legal recourse.
4. Delivery and Delivery Time
4.1 As far as no delivery dates have been agreed upon, they will be determined by synavision’s GmbH at their own and equitable discretion. Deadlines and Terms for deliveries and services offered by synavision GmbH are valid only as approximate calculated periods, unless a fixed deadline or a fixed date have been approved or agreed upon. The delivery deadline commences on the day of the order acceptance, but not before all execution details and all preconditions to be accomplished by the principal have been clarified. Partial deliveries are admissible as far as they are economically advantageous and reasonable.
4.2 The synavision GmbH can require from his Business Partner – without prejudice to their rights resulting from the delay of their Business Partner – a prolongation of delivery and service deadlines or a postponement of delivery and service terms for the period in which the Business Partner fails to comply with his obligations to the synavision GmbH.
4.3 The synavision GmbH is not liable for the impossibility of the delivery or for delays in deliveries, provided these have been caused by Acts of God or others, upon conclusion date of the contract of non-foreseeable events (e. g. interruptions of operations of all kinds, difficulties in procurement of material or energy, delays in transport, strikes, lawfully lockouts, manpower, energy or raw material bottleneck, difficulties in providing necessary administrative approvals, administrative actions or overdue, incorrect or unpunctual delivery by suppliers), beyond the control of synavision GmbH. As far as such events aggravate essentially the delivery or service for synavision GmbH or make it impossible and the disability is only temporarily they are entitled to withdraw from the contract. Upon temporarily obstacles the Terms of Delivery and Services will be prolonged or postponed by the period of the obstacle. As far as it is unreasonable for the Business Partner to accept the delivery and service due to the delay, he can withdraw from the contract by return informing synavision GmbH in written form.
4.4 Is synavision GmbH in default with their delivery or service or a delivery or service is impossible for them, for any reason whatsoever, so their liability for compensation is limited according to clause 8 of these General Business Terms.
4.5 The adherence to the delivery commitment from synavision GmbH requires further on the punctual and correct fulfillment of the obligation of the Business Partner. The objection of an unfulfilled contract remains subject to change.
5. Place of Fulfillment, Dispatch, Packaging, Transfer of Risk, Acceptance
5.1 Place of Fulfillment for all obligations from the contractual relationship is the place of business of synavision GmbH (Aix-la-Chapelle), unless otherwise has been specified. If synavision GmbH also owes the execution of the installation, the place of fulfillment is the site of installation.
5.2 Delivery Method and Packaging are subject to the duly discretion of synavision GmbH.
5.3 The risk is transferred at the latest to the Business Partner, on delivery of the delivery item to the Business Partner, to the forwarder or to other Third Parties charged with the execution of the consignment. This is also valid in case of partial consignments or if synavision GmbH have undertaken still further services (e. g. dispatch or installation).
5.4 The consignment will be insured by synavision GmbH only on express wish of their Business Partner and on their own behalf against theft, breakage, transport, fire and water damages or other insurable risks.
5.5 As far as an acceptance has to be taken place, the goods have been accepted as soon as the delivery and, – in case synavision GmbH owes also the installation -, the installation is finished; – synavision informs the Business Partner about this pointing out to the acceptance fiction and request him for acceptance; – since delivery or installation 12 working days elapsed or the Business Partner utilizes the goods (e. g. have put the supplied installation in operation) and in this case since delivery or installation 6 working days elapsed and – the Business Partner omitted the acceptance within that period due to another reason as of one fault signalized to synavision GmbH, which makes the usability of the goods impossible or affects them essentially.
6.1 The guarantee period is 1 year ex delivery or, as far as an acceptance is necessary, as from acceptance. The statute of limitation in case of a recourse in delivery according to articles §§ 478, 479 BGB remains inviolate; it expires at the latest two months at the time when the buyer has fulfilled the claims of the consumer.
6.2 As to defects as to quality of the supplied objects synavision GmbH are for the first obliged and entitled to execute at their own option a subsequent improvement or a substitute delivery within a reasonable and adequate period. In case of failure, i. e. the impossibility, unacceptability, refusal or inadequate delay in subsequent improvement or substitute delivery, the Business Partner can withdraw from the contract or abate adequately the purchase price.
6.3 In case a defect rests on the fault of synavision GmbH, the Business Partner can demand compensation according to certain preconditions mentioned in clause 8.
6.4 In case of defects at construction parts from other manufacturers, which synavision GmbH cannot eradicated due to juridical reasons re licence or actual reasons, synavision GmbH will argue at their own option warranty claims against the manufacturers and suppliers for account of the Business Partner or assign them to the Business Partner. Warranty claims against synavision GmbH are only valid in case of such defects under the other preconditions according to the General Business Terms, if the law enforcement of the before-mentioned claims against the manufacturer and the suppliers was unsuccessfully or, e. g. chanceless due to an insolvency. During the period of litigation the statute of limitation of the respective warranty claims of the Business Partner against synavision GmbH is suspended.
6.5 The guarantee is no longer required, if the Business Partner changes himself the delivery item or let it change by Third Parties without the consent of synavision GmbH and it is impossible to remedy deficiencies or to make it unacceptable worse. The Business Partner must in any case compensate the additional charges for the removal of defects due to the change.
7. Patent Rights and Secrecy
7.1 synavision GmbH reserves the right of property and copyright at all offers or estimates submitted by them as well as layouts, illustrations, calculations, prospectuses, catalogues, prototypes, tools, other documents and auxiliary agents which they placed at disposal of the Business Partner. The Business Partner neither may not make available these objects to Third Parties without the explicit consent from synavision GmbH, nor may not make them public, may not use them or let Third Parties use them or copy them. On demand of synavision GmbH he must give these objects completely back to him and must irrevocably destroy copies which already have been made, if they are no longer be used in the proper course of business or if negotiations do not result in a conclusion of contract.
7.2 For all works and working results from synavision GmbH developed on behalf of the Business Partner synavision GmbH grants the simple, non-exclusive and temporary right to the Business Partner subject to payment in full to use them as described in the individual contract. synavision GmbH is not obliged to place at disposal of the Business Partner the source code of generated Individual Software.
7.3 The Business Partner is liable to synavision GmbH, that the services provided by him and documents, information, data and objects provided during his assistance are free from patent rights of Third Parties, which exclude or affect a contractual usage by synavision GmbH.
7.4 In case that the delivery item infringes an intellectual property right or a copyright of a Third Party synavision GmbH will change or exchange to their choice and at their charge the delivery item in such a way, that no longer rights of Third Parties will be infringed, however, the delivery item will further accomplish the functions which have been agreed upon in the contract, or will procure an exclusive right of use by concluding a licence contract to the Business Partner. If they do not succeed within an adequate period, the Business Partner is entitled to withdraw from the contract or to reduce the purchase price. Probable damage claims of the Business Partner are subject to the restrictions of clause 8 of these General Business Terms.
7.5 In case of probable employee’s inventions or proposals for improvements, which are submitted by cooperators from synavision GmbH during the execution of the individual orders, synavision GmbH is obliged on request of the Business Partner, to utilize the invention either absolutely or to a limited extent and to reciprocally and simultaneously assign rights resulting from this to the Business Partner, against indemnification of probable financial obligations of an employee’s invention towards their cooperators. The law for employee’s inventions will be applicable accordingly.
7.6 The Business Partner and synavision GmbH are mutually obliged, to treat strictly confidential all information concerning the commercial and operational affairs of the other party and to use them only within the purpose of a contractual agreement. Within that scope of purpose synavision GmbH is entitled to transfer the information to Third Parties.
7.7 Without prior written consent from synavision GmbH the Business Partner may not stress the business relationship in advertising material, brochures, etc..
8. Liability on Damages
8.1 The Liability on Damages of synavision GmbH, for whatever legal reason, especially due to impossibility, delay, bad or wrong delivery, breach of contract, infringement of duties during contract negotiations and unauthorized actions is limited according to clause 8, as far as it is attributable to one fault.
8.2 synavision GmbH is not liable for
a) in case of slight negligence of their Management, their legal representatives, employees or other subcontractors;
b) in case of gross negligence of their non-executive staff or other subcontractors, as far as it is not an infringement of essential contractual obligations. Essential for the contract are the obligations of punctual, flawless delivery and installation as well as advice obligations, protection duties and duties of care, which should enable the usability of the delivery item according to contract to the Business Partner or to purpose the protection of health or life of the personnel of the Business Partner or of Third Parties or of the property of the Business Partner against considerable damages.
8.3 As far as synavision GmbH is liable for damages on the merits according to clause 8.2, this liability is limited to damages, which synavision GmbH has foreseen on contract conclusion as a possible consequence of an infringement of contract or under consideration of the circumstances, known to them or which they must have known, on application of due diligence. Indirect damages and subsequent damages, which are a consequence of damages at the delivery item, are only liable for compensation, as far as such damages are to be typically expected on the designated use of the delivery item.
8.4 In case of a liability for slight negligence the liability of compensation for synavision GmbH for physical or personal damages is limited to an amount of 100,000.00 Euro per damage event, even though it is an infringement of essential contractual obligations.
8.5 The before-mentioned disclaimers of liability and restrictions are valid in the same extension to the benefit of the Management, legal representatives, employees and other subcontractors of synavision GmbH.
8.6 As far as synavision GmbH discloses technical information or give advices and these information or advices do not belong to their owed and contractually agreed scope of supply, this is done free of charge and to the exclusion of all liability.
8.7 The limitations of present clause 8 are not valid for the liability of synavision GmbH due to malice, for guaranteed quality features, due to injuries to life, body or health or according to the product liability act.
9. Retention of Title
9.1 The retention of title subsequently agreed upon conduces for the safety of all existing, current and future claims of synavision GmbH against the Business Partner resulting from the deliveries between the contracting partners.
9.2 The goods supplied by synavision GmbH to the principal remain in their ownership till full payment of all ensured claims. The goods as well as the goods replaced and stipulated with Retention of Title are subsequently mentioned as “Goods subject to Retention of Title”.
9.3 The Business Partner stores the goods subject to Retention of Title free of charge for synavision GmbH.
9.4 The Business Partner is entitled, to process or to sell the goods subject to retention of title till the occurrence of usage (clause 9.9) in the proper business transaction. Pledges and chattel mortgages are not allowed.
9.5 In case the goods subject to Retention of Title are processed it has to be agreed upon that the process will be executed by order and for account of synavision GmbH and they actually acquires property – if the process is effected with material of several proprietors or the value of the processed matter is higher than the value of the goods subject to Retention of Title – the common property (fractional property) at the new created matter in relation to the value of the goods subject to Retention of Title compared with the value of the new created matter. In case the goods subject to Retention of Title will be combined or inextricably linked with other matters to one uniform matter and is one of the other matters considered as the principal thing, so synavision GmbH will transfer the common property at the uniform matter to the Business Partner as far the principal thing is part of their property.
9.6 In case of the resale of the goods subject to Retention of Title the Business Partner cautionary assigns right now the claim against the buyer which results from that – in case of common property with synavision GmbH assigns pro rata claims at the goods subject to Retention of Title – to synavision GmbH. The same applies for other claims, which replace the goods subject to Retention of Title or otherwise occur with regard to the goods subject to Retention of Title, as e. g. insurance claims or claims of actions which are not allowed, of loss or destruction. synavision GmbH entitle precariously the Business Partner, to collect in their own name and for account of synavision GmbH the claims assigned to them. synavision GmbH may only cancel the direct debit authority in the case of use.
9.7 In case Third Parties claim for the goods subject to Retention of Title, especially by pledge, the Business Partner will immediately draw their attention to the property of synavision GmbH and synavision GmbH will be informed so that they are able to realize the enforcement of their property rights. If the Third Party is not able to reimburse related legal or extrajudicial charges to synavision GmbH, the Business Partner is liable for them.
9.8 Upon request synavision GmbH will release at their choice the goods subject to Retention of Title as well as the objects replaced or claims, as far as their value surmounts the amount of the ensured claim by more than 50%.
9.9 If synavision GmbH withdraw from contract in case of a conduct contrary to the agreement of the Business Partner – especially in case of delay in payment – (Event of Usability), they are entitled, to demand for the goods subject to Retention of Title.
10. Data Protection Regulations
10.1 If you use web-based Services from synavision GmbH the Web-Server automatically records Log-Files, which cannot be matched to a certain person. Those data include e. g. the type of Browser and its version, the utilized operating system, Referrer URL (the site which has been activated before), IP-Address of the Proxy or Client Server, Login date and Login time of the server enquiry and the file enquiry of the Client (file name and URL). These data are collected only for the purpose of statistic evaluation. A transfer to Third Parties, for commercial and uncommercial purposes will not be executed.
10.2 Personal data will only be collected and processed, if you communicate these data voluntary, e. g. as part of an enquiry or the product utilization. As far as no required reasons exist in connection with a business transaction, you can at any time withdraw the approval to your personal data storage which you granted before as of now in written form (e.g. by E-Mail or by Fax).
10.3. When contacting the Provider (e. g. by contact form or by E-Mail) the indications of the user will be saved for the purpose of processing the enquiry as well as for the case of any subsequent queries.
10.4 Our Newsletter informs you of our company and our offers.
If you want to receive the Newsletter, we need a valid E-mail-Address as well as information, which allow us to check whether it is your domain E-Mail address as indicated respectively the person of that domain has been agreed upon the receipt of the Newsletters. Further data will not be collected. Those data will only be used for the dispatch of the Newsletter and will not be transferred to Third Parties.
Activating the Newsletter means the storage of your IP-Address and the date of subscription. This storage is necessary for the only reason of a proof in case that a Third Party misuses an E-Mail address and subscribes itself for the reception of the Newsletter without knowledge of the entitled person.
Your consent for storage of the data, the E-Mail address as well as its usability for the dispatch of the Newsletter can be withdrawn at any time. The cancellation can be executed using the Link in the Newsletters, in your profile domain or by information to the above-mentioned contact possibilities.
10.5 Under current law you can ask us at any time in written form, whether and which individual-related data have been saved about you by us. You will receive a respective information by return.
10.6 Your personal data which you have placed at our disposal are saved by means of all technical as well as organizational safety precautions in such a way that they are non-accessible for illegal Third Parties. It is to be recommended to use the dispatch of very sensible data or information by post, as otherwise a complete data security by E-Mail cannot be guaranteed.
10.7 The Services of synavision GmbH use Google Analytics, a Web Analysis Service of Google Inc. („Google“). Google Analytics uses so-called „Cookies“, i. e. text files which are saved on your Computer and which enable an analysis of the usage of the Website through you. The information generated by the Cookie about the usage of this Website (including your IP-Address) are transmitted to a server from Google in the U. S. and will be saved there. Google will use that information, in order to analyze the Website, in order to establish reports about the activities on the Website for the Website operators and in order to furnish further services linked with the Website and the Internet usage. Moreover, Google will transmit those information to Third Parties, if necessary, as far as it is prescribed by law or as far as Third Parties processes those data on behalf on Google. Google will in no case link your IP-Address with other data from Google. You can prevent the installation of Cookies by a respective adjustment of your Browser Software; Nevertheless, we point out that in this case you possibly cannot entirely use all functions of this Website. By activating this Website you give your consent to the processing of your data collected by Google in the way described before and to the purpose mentioned before.
10.8 On a couple of our sites we use so-called “Session-Cookies”, in order to facilitate the usage of our Websites. Those small text files will be recorded on your Hard Drive only for the period of your attendance on our Website and depending on the adjustment of your Browser Program will be deleted on the Browser’s exit. These Cookies collects no information which are saved about you on your Hard Drive and do not affect your computer or your files. Most of the Browsers are adjusted in such a way that they accept automatically Cookies. Nevertheless, you can deactivate the storage of Cookies or adjust your Browser in such a way, that it signalizes you of the dispatch of Cookies.
10.9 In accordance with the usual product reliability the business partner assumes the role of the project operator and undertakes the due diligence about the explanation to the General Business Terms from synavision GmbH and for all of their associated project members.
10.9 The data which have been input and downloaded in accordance with the usual product and service reliability by project operators, project members or attendees are public for the range of users administered by the project operator.
10.10 As Platform-Operator synavision GmbH has at any time access to all data which they collected from the user.
10.11 The project operator has the right to allow to Third Parties and subject to the agreement of synavision GmbH the access to all of the projects managed by them as well as to the included data. All project members and users are to be informed about this subject by the project operator.
10.12 For all users of the synavision products and services, also for those who benefit of the legal right of use given by a project operator, the General Business Terms of synavision GmbH are valid.
11. Terms for Utilization
11.1 The synavision GmbH – in the following stipulated as “Provider” – offers on their Websites and with their Software-Products applications for the support of natural and legal persons, enterprises or other institutions – in the following stipulated as „User“ – when collecting, saving, processing and using information about their overhauled commercial and occupied residential buildings, their technical installations and functions as well as for the push to a continuous flow in conferencing and the data exchange between the users.
11.2 Upon sign-up for the applications of the Provider you conclude a legally binding agreement with the Provider. The General Business Terms become valid. Upon conclusion of this agreement you will become user of the applications from the Provider. The regulations of this agreement are valid for each user personally, independent of the fact whether he uses these applications from the Provider by himself or for another natural or legal person. If you do not wish to register an account and, consequently, be not user of those applications from the Provider, do not give your consent to that agreement, do not apply for an access to this Website, to the applications, to the information or to the services from the Provider, do not activate them, do not download them and do not use them in another way. Upon activation of the applications and services you declare that you have read and understood the Terms of that agreement and that you agree without exception to the Terms of that agreement.
11.3 In order to be authorized for the use of the applications from the Provider, you must meet the subsequent requirements as well as confirm and guarantee, that you are (1) 18 years old or upwards, (2) that you actually are not excluded from the services or you are prohibited otherwise, to dispose of a user’s account from the Provider, (3) you are no competitor of the Provider or you use applications from the Provider for purposes, which are in competition with the Provider, (4) you dispose at every time of no more than one user’s account for the applications of the Provider, (5) you have the full power of attorney and the authority, to conclude this agreement and that you do not trespass against another agreement concluded by you, (6) you do not infringe the Provider’s rights, including intellectual property rights like copyrights and trademark rights, and (7) that you agree to take-over the charges for the whole equipment, Software and the Internet access, which are required for the use of the services.
11.4 If a fee for the usability of the applications and the Website has been agreed upon between Provider and user, it becomes due before the activation of usability.
11.5 Upon placing information at disposal using the applications from the Provider you guarantee and are liable, that you are entitled to transmit these information to us, and that these information are correct and not confidential and that its transmission means no irregularity against contractual rules or against the rights of Third Parties. Your are responsible that the information which you give on the applications of the Provider are correct and the latest ones. You are proprietor of the information, which you hand-over in the application area of this agreement to the Provider and you can demand at any time to delete them, as far as the information or the content have not yet been exchanged and not yet been deleted by you or these information and content have been already copied or saved by other users.
11.6 You are obliged (1) to keep your password in a safe place and to keep it secret, (2) to forbid other persons the use of your user’s account, (3) to disregard the usability of the users’ account from other persons, (4) to disregard the sale, trade or an otherwise transmission of your user account to Third Parties and (5) and to disregard the collection of charges for the access to every part of the application from the Provider or to any information existing there. Moreover, you are responsible for each incident, processed via your user account, until you will delete your user account or you can give the proof, that you are not responsible for the safety trespass of your user account.
11.7 Upon contract conclusion you keep the Provider indemnified against all damage claims, losses and charges and bear them all, which either will argue by Third Parties or originate due to allegations and official investigations, which bases on the fact that you (1) did not follow the Terms of this agreement, including, here however without limitation, the transmission of contents, which infringes the laws of Third Parties or applicable law, (2) that you have transmitted contents to the Provider and (3) that you pursue activities on or about the Provider. You ensure, that you are authorized to use the pictures and texts downloaded by you as well as that you are authorized to distribute these pictures and texts and that you do not impinge on the rights of Third Parties regardless the kind and/or on administrative or legal prescriptions regardless the kind. The utility of pictures and texts with a content of racism, pornography, insult, unconstitutionality, of a forbidden or illegal content is absolutely forbidden. You keep the Provider indemnified against all claims of Third Parties due to infringement because you have downloaded the pictures and texts and/or you have distributed the pictures and texts of products from the Provider – whether founded or not. The same applies in case of proceedings by authorities. This title claim comprises especially the appropriate charges of legal and extrajudicial legal defence including legal advice, court costs and further costs for the proceedings, claim damages and claims for indemnification of expendiures, claims for justified enrichment as well as regulatory actions, fines etc., as far as they are excluded from the Provider’s responsibility. Moreover, you reimburse the Provider for all charges and damages which will originate due to claims of Third Parties for infringements of downloads and/or for the distribution of pictures and texts with the products of the Provider or resulting from such regulatory procedures. This is not valid, if the Provider is responsible for these charges and damages. Those claims are also due to the employees, representatives as well as subcontractors of the Provider, if the indicated claims become valid against them or the indicated official proceedings will be initiated. As far as your address or E-Mail-address is known to the Provider, he commits himself to refer the probable complainants to you and inform you of the claim. He will not admit a claim without giving you the opportunity to enter into negotiations with the complainant.
11.8 In case you hand over data and information to the Provider (including one of the contents written by the user, ideas, concepts, techniques and data), you entitle us of the non-exclusive, irrevocable, world-wide, unlimited, absolute, negotiable, not licensable, completely paid and license feeless right, to copy, process, improve, distribute, publish, delete, save, add and to use every object, content or work which you will publish, without further consent from your side or information and/or indemnification to you or Third Parties in the way actually known or conceived in the future. The transmission of each information is at your own risk.
11.9 The Provider engineers his Website and applications with the purpose of use in connection with other usual Software, as e. g. Internetbrowsers or system Software. A liability for a restriction of use due to incompatibility with another Software which you use or further technical problems is excluded.
11.10 The Provider tries hard to enable a comprehensive temporal availability. In order to do maintenance work or other works at the applications or the Software, the Provider can interrupt temporally the access or stop it. A liability for a restricted or not offered availability due to reasons for which the Provider is not responsible, is excluded. The Provider reserves the right, with or without an information to retain, to delete or to reject all contents, which are part of your user account as far as they in the opinion of the Provider contradict to this agreement. In order to exclude any doubts, it is pointed out that the Provider has no obligation to save, maintain or places a copy at your disposal of any content which you or other users place at disposal upon application of the services.
11.11 The Provider places services and information at disposal without a previous control and check. The Provider does not provide a guarantee on the correctness of the information, of the merchantability or the applicability for certain purposes. The Provider is not responsible and provides no guarantee for the dispatch of news e. g. E-Mails. The Provider does not assure that through your usability of services no rights of Third Parties will be infringed. The Provider is neither responsible, to match the identity of the persons, who subscribed for his services, nor to control their usability. The Provider does not guarantee, that the services function without interruption or without errors. The operation of the services can be temporally interrupted due to maintenance works, up-dates or technical improvements. The Provider does not assume liability for damages due to interruptions, malfunctions or restricted availability.
11.12 The Provider is responsible for damages which are caused by the services offered free of charge or upon their performance as well as by the Software offered free of charge for whatever legal reason – both for contractual and non-contractual character – but only, he acted intentionally or grossly negligent. The Provider is responsible for negligent breach of cardinal duties, not for indirect damages, especially not for loss of profit. Neither the Provider nor partner companies, or our cooperators, shareholders or associates are cumulatively responsible (a) for damages, which exceed the last monthly amount fivefold paid by you for the services, if applicable, or exceed the amount by 100 €, according to which amount is higher, or (b) for special incidental and consequential damages or for the actual loss in addition of a compensation exceeding the amount of a punitive damage or for the loss of use, sales shortfall or loss of profit or data loss of which you suffer when Third Parties use the services, the applications of the Provider or a content or other means, which is accessible through the service of the Provider or can be downloaded by him. This limitation of liability is part of the basis for the agreement between the parties and without such one these Terms and Prices would be different ones. For this limitation of liability the following becomes valid and applicable: This limitation of liability becomes applicable independent of whether (1) your claim is based on a contractual, in tort or another legal action respectively is founded on another legal theory, (2) we knew the possibilities of such damages or should have known them or (3) whether the prepared, limited remedies in this clause defeat their purpose fundamentally; and this limitation of liability will not be applied for damages, which have been caused by the Provider intentionally or consciously contrary to this agreement, to the applicable law or contrary to mandatory legal regulation, which cannot be excluded from this agreement. This liability limitation is not applicable, in case you have made a separate agreement covering the purchase of the services of the Provider, which includes an own liability limitation and which replaces this clause with regard to the services of the Provider. As far as the liability for the Provider with regard to the prescribed regulations is excluded or limited, this applies also for the liability of the employees, representatives as well as subcontractors of the Provider.
11.13 The Provider guarantees no acquirement of benefits, energy savings or other advantages when using the services.
11.14 Please pay attention, that some information, statements, data and contents (like e. g. photos), which you place at the Provider’s disposal, in some circumstances or probably gives some indication about your sex, your ethnic background, your nationality, your age, your religion and/or other personal information about you. You acknowledge, that you communicate us voluntary all information, statements, data and contents and as well as especially such in regard to your person. Under the circumstances we are legally bound, to reveal your Sign-up information as well as further information you have placed at disposal, to save them or to access them, for this you give us your consent. Moreover, you agree, that we reveal your Sign-up information as well as further information which you place at disposal, if we are bona fide, that such a storage of access or disclosure is in our opinion reasonably necessary, in order (1) to comply with the law, including summons by civil law and criminal law, court decisions and other mandatory disclosures, however without limitation, (2) to enforce this agreement, (3) to react on accusations, that rights of Third Parties have been infringed, independent of the fact, that Third Parties are users, an individual or authorities, (4) to react on customer-service enquires or (5) to protect the rights, the property or the personal security of the Provider, of his users or of the publicity.
11.15 The Provider offers possibilities for data input, forums and Blogs. There users can input information and publish their comments to stipulated subjects. Moreover, users can pass on information for publication. Please pay attention that information or ideas which you publish or furnish, will be read and used possibly despite all that from other users or the publicity. The Provider cannot guarantee, that other users do not apply the ideas and information, which you communicate on the applications from the Provider. Therefore, do not publish any idea or information, as far as you wish, that those ideas and information shall remain confidential and/or should not be used from other persons, or are subject to the rights of Third Parties and those could be infringed upon publication of the application from the Provider. The Provider is not responsible for the malpractice or the illegal use of contents, which are placed at disposal in an application from the Provider by a user.
11.16 You are self-responsible for your interactions with other users. Under the circumstances the Provider can limit the number of links you may have with other users and may prohibit you under certain circumstances to contact other users via our service or limit otherwise the use of the services. The Provider reserves the right, to observe disputes between you and other users and to limit your user account, to cancel it temporarily or to delete it, as far as according to the Provider’s arbitrary decision such actions are required for the execution of this agreement. With regard to this there is no obligation for the Provider.
11.17 You can terminate this agreement with or without any reason at any time, communicating the cancellation to the Provider at the same time. The cancellation become law as soon as the Provider has processed your information. The Provider can terminate the agreement at any time with or without any reason. This cancellation become operative as of now or in accordance with the information. In order to exclude doubts, we wish to point out, that only the Provider or that party, which pays the fees for the services, can terminate your access. The cancellation of your user account includes the deactivation of your access to synavision GmbH and can exclude you in addition from a future usability of services from the Provider.
11.18 The Provider can limit, temporally suspend or cancel the user account of every user who misuses the services or alienates the services. The misuse of the services includes the misuse of the messengers, several or wrong user profiling, the business utilization of services without having obtained the approval from the Provider, the infringement of property rights or improper actions and omissions as well as each other conduct, which is contrary to the purpose of the Provider according to the Provider’s opinion and arbitrary conduct. With the consequence of a cancellation you lose the access to the services of the Provider. A due notice from the Provider can be made subject to a term of a month to the first of a calendar month after the information via the E-Mail address indicated in the user account. The Provider is entitled, to limit the usability, to prohibit it in full and to terminate the license agreement without notice, if a user is in arrears with his payments or the user has applied improperly the services of the Provider. An extraordinary notice of termination from the Provider can be made via the E-Mail address which is indicated in the user account. The Provider does not reimburse expenses in case of an extraordinary notice of termination and is not responsible for the consequences of the notice. The Provider is not obliged to save data after an extraordinary notice or to hand them over to the user.
11.19 The user is obliged to use the services exclusively for the purposes mentioned in point 1. Upon presentation of Website data, ideas, suggestions, documents or other information, you confirm that: (a) your articles do not include confidential or protected information; (b) the Provider is with regard to the articles neither explicitly nor implicitly bound to secrecy; (c) the Provider is entitled to use or publish such articles to whatever purposes in any desired media world-wide (or not to use and not to publish); (d) from the Provider similar articles than the original are under consideration or developed; (e) the Provider assigns irrevocably all rights at your articles and (f) that you have in no event any right of compensation or remuneration by the Provider.
11.20 These License Terms are valid as long as they will be replaced by an up-to-date issue. The Provider is entitled to hinge the installation of a new Programme version on the consent of the user under consideration of changed License Terms.
11.22 You can contact synavision GmbH in written form under the following address: synavision GmbH, Schönauer Friede 80, D-52072 Aix-la-Chapelle. In addition, the Provider receives at this address official information. All information which you place at our disposal without the Terms of this clause about information and notifications, have no legal consequences.
12. Final Clauses
12.1 Exclusive Place of Jurisdiction for all probable disputes resulting from the business relationship between the synavision GmbH and the contract partner is Aix-la-Chapelle.
12.2 The business relationships between synavision GmbH and the Business Partner are exclusively subject to German law excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
12.3 As far as this contract or these General Business Terms include omissions, the regulations for fulfillment of these gaps are valid, which would have been agreed upon by the contracting partners according to the economical purposes of the contract and the purpose of these General Business Terms, if they had been aware of the regulatory loopholes.
12.4 If any clause of this agreement is held illegal, invalid or unenforceable by any court of competent jurisdiction or by any competent arbitrator, so that the provision will be replaced by an effective and enforceable one, which is the most similar to the original and its purpose; as far as any court or arbitrator declares again the provisions altered according to the regulations mentioned before as illegal, invalid or unenforceable, the effectiveness, the lawfulness and enforceability of the remaining clauses of this agreement will not be affected because of this.