SpectroNet c/o Technologie- und Innovationspark Jena GmbH
07745 Jena, Germany
Tel.: +49 3641 6751 00
Fax: +49 3641 675 111
Managing Director: Randolf Margull
Registered in the Commercial Register.
At the Registry Court: Jena District Court
Under the registration number: HRB 201610
Sales tax identification number according to §27a sales tax law: DE 150537657
General Terms and Conditions of Business
The services include online services for end customers, manufacturers, dealers and other service providers of visual quality assurance systems with digital image and color image processing as well as spectral imaging and are currently available at www.spectronet.de.
§ 1 Scope of application
(1) These General Terms and Conditions apply to all legal relationships arising between the projects SpectroNet c/o Technologie und Innovationspark Jena GmbH, Wildenbruchstrasse 15, D-07745 Jena, hereinafter "SpectroNet" and the user of the online services (hereinafter "Customer") in the context of the use of the databases and further orders (hereinafter "Database").
(2) Insofar as third party goods or services are offered via SpectroNet's online service, any contracts shall be concluded exclusively between the customer and the respective provider of such goods and services.
(3) Any terms and conditions of the customer to the contrary or deviating from these General Terms and Conditions shall not apply.
§ 2 Services of SpectroNet
(1) "Order" in the sense of the following terms and conditions is the contract for the placement of information in information and services, in particular the Internet, for the purpose of distribution. These measures include the registration of company data in databases for publication and dissemination purposes. The current General Terms and Conditions and the current price list of the online services apply exclusively to the order. They form an essential part of the contract. The validity of any terms and conditions of the client or other advertisers is expressly excluded if they do not comply with these terms and conditions. SpectroNet's corresponding online service is aimed at end customers, manufacturers, dealers and other service providers of visual quality assurance systems with digital image and color image processing as well as spectral imaging.
(2) SpectroNet grants its private customers free online access to the contents stored in the database in accordance with these General Terms and Conditions.
(3) SpectroNet reserves the right to access or post content at its discretion. The customer has no legal claim to SpectroNet's services with regard to the database.
(4) The maintenance and further development of the Online Service may temporarily restrict or interrupt the use of and/or access to the Service.
§ 3 Conclusion of contract
(1) The inclusion of contents in the database and the conclusion of the contract require the unlimited legal capacity of the customer.
Subject to individual agreements to the contrary, the contract is concluded by written or e-mail confirmation of the order. Verbal or telephone confirmations cannot be interpreted as a will to conclude an individual agreement.
(2) Before posting content, the customer must register. This is done online. The customer is obliged to provide truthful information during registration. 10 of these General Terms and Conditions shall apply to the customer's personal data collected during registration.
(3) By sending the registration data and the contents intended for inclusion in the database, the Customer may make SpectroNet an offer to conclude a contract for the temporally defined inclusion and provision of the contents in the database. SpectroNet shall decide at its own discretion whether to accept the offer within 10 days of receipt. The offer is accepted by order confirmation or by the inclusion of the content in the database and its publication.
(4) The period of validity for company listings is order-dependent or otherwise at SpectroNet's discretion.
(5) The placement of content is at SpectroNet's discretion. SpectroNet is entitled at any time to refuse the publication of contents without giving reasons, to limit the availability of contents in the database in terms of space, time and number, and to delete contents from the database.
§ 4 Content requirements
(1) Only serious data may be published in the database. Other contents are inadmissible. SpectroNet reserves the right to block "databases" if their content violates laws or official regulations or if their publication is unreasonable for SpectroNet.
(2) In the event of improper, in particular delayed delivery or subsequent changes, no guarantee is assumed for the agreed dissemination of the information.
(3) The customer undertakes to use the input mask provided by SpectroNet and to provide truthful information for the creation of the contents. The customer is free to use the fields provided. SpectroNet accepts no liability for the quality and color reproduction of the image files.
(4) The indication of service telephone numbers whose dialing is directly or indirectly connected with special charges for the caller, in particular numbers with the area code "0190" or "01805" as well as numbers for employment agencies, is not permitted. Such content will be deleted immediately by SpectroNet and may lead to permanent exclusion from access to SpectroNet's offer.
(5) The customer guarantees and assures that he has all rights necessary for the publication of the information. The provision of content by the customer on behalf of third parties without their express prior consent is not permitted. In particular, no telephone numbers or addresses may be entered in the database without the consent of the person concerned.
§ 5 Responsibility for content
(1) The customer is responsible for the contents posted by him. In particular, he is responsible for ensuring that the contents are not illegal and do not infringe the rights of third parties (e.g. copyrights and trademark rights). SpectroNet is not obliged to check whether any content posted impairs the rights of third parties or violates objective law. The customer is obliged to correct or delete the contents posted by him if they do not meet the requirements. The customer can make the necessary changes via the "Login" menu.
(2) The Customer shall indemnify SpectroNet against all claims of third parties in connection with the contents placed in the database by him.
(3) The customer shall transfer to SpectroNet all rights of use, ancillary copyright and other rights required for the use of the information in online media of all kinds (including the Internet), in particular the right to duplicate, distribute, transmit, broadcast, process, extract from a database and retrieve, in terms of time, location and content to the extent necessary for the execution of the order. The aforementioned rights shall in all cases be transferred without any local restrictions and entitle the user to publish them by means of all known technical procedures and all known forms of online media.
(4) The customer is liable for the fact that files transmitted by him do not contain viruses or comparable programs. Corresponding files may be deleted by SpectroNet without the customer being entitled to any claims from this. SpectroNet reserves the right to claim damages due to virus-related damage.
(5) SpectroNet reserves the right to refuse the inclusion of selected contents in the database or to delete contents and messages already recorded in whole or in part.
§ 6 Warranty
(1) SpectroNet is neither party nor representative of any party or intermediary of any transactions concluded between customers. SpectroNet assumes no responsibility for the initiation, conclusion or execution of contracts of third parties.
(2) In particular, SpectroNet accepts no liability for the accuracy and completeness of the information and declarations provided by the customer or for the identity and integrity of the customer.
(3) The contents or advertisements placed in the database are third-party contents for SpectroNet and are subject to the provisions of § 5 paragraph 2 of the Teleservices Act (TDG). The legal responsibility for this content therefore lies with the person who uploaded the content to the database.
(4) According to the current state of the art, it is not possible to exclude all risks in connection with the use of the Internet. For this reason, SpectroNet does not assume any warranty for technical defects, in particular for the permanent and uninterrupted availability of the database and its contents or for the complete and error-free reproduction of the contents placed in the database by the customer.
§ 7 Liability
(1) Liability for slight negligence is excluded. All offers are subject to change and non-binding. Parts of the pages or the complete publication including all offers and information might be extended, changed or partly or completely deleted by SpectroNet without separate announcement.
(2) If the execution of an order fails due to causes for which SpectroNet is not responsible (e.g. for reasons of software or hardware technology), in particular due to computer failure, force majeure, strikes, statutory provisions, disturbances from the area of responsibility of third parties (e.g. other providers), network operators or service providers or for comparable reasons, the execution of the order shall be repeated if possible. If the fault is rectified within an appropriate and reasonable period of time after its rectification, the Online Services shall continue to be entitled to remuneration. If there is a considerable postponement, the client will be informed of this.
(3) Users agree that SpectroNet shall in no way be liable for any loss or damage incurred as a result of business or business relationships resulting from the use of the SpectroNet Web pages or information services.
(4) Any contributory negligence on the part of the customer must always be taken into account. In particular, the Customer shall be obliged to check the accuracy of the data entered by him and displayed by SpectroNet at least by means of a one-time search query.
(5) The above provisions shall also apply in favour of the employees of SpectroNet.
§ 8 Rights
(1) SpectroNet is the owner of the rights to the contents of the Web pages and the database. All copyrights, trademark rights and other proprietary rights in the database work, the database and the contents, data and other elements posted here are the exclusive property of SpectroNet; any rights of the customer to the contents posted by him shall remain unaffected thereby.
(3) By transmitting the contents intended for inclusion in the database, the customer grants SpectroNet the right to use such contents indefinitely for the types of use required for inclusion and provision in the database and retrieval by third parties, in particular to store, reproduce, make available, transmit and publish the contents.
Furthermore, SpectroNet shall be entitled to modify the contents, in particular if they do not comply with the requirements of § 4 of these General Terms and Conditions.
§ 9 Data protection
(1) SpectroNet provides teleservices to the customer within the meaning of the Teleservices Data Protection Act.
(2) Without prejudice to any further legal rights, the Customer may, after entering his password on the website provided for this purpose or after written or electronic notification to SpectroNet, automatically view and modify the existence and scope of his stored data and finally delete the stored data.
(3) SpectroNet shall send messages, in particular confirmation of the inclusion of the data in the SpectroNet database and passwords, exclusively by unencrypted e-mail to the Customer.
(4) SpectroNet shall use the Customer's personal data exclusively for the purpose of operating the Online Service. In addition to the purposes of consulting, advertising and market research for SpectroNet, the collection of further data also serves the purposes of advertising use by third parties.
(5) All data is optional, but the data marked with (*) are required to provide the requested services.
(6) The use of the customer's personal data for consulting, advertising and market research purposes is dependent on the customer's consent. Furthermore, every customer has the right to object in writing to the use of his data for purposes of advertising or market or opinion research. (Please provide name, e-mail and address)
§ 10 Payments
(1) The agreements agreed at the time of placing the order shall apply. We reserve the right to change the agreements. However, price changes for orders confirmed by SpectroNet are only effective if they are announced by the Online Services at least one month before publication of the information.
(2) In the event of a price increase, the customer has the right to withdraw from the contract. The right of withdrawal must be exercised within 14 days of receipt of notification of the price increase. Discounts are determined by the respective valid agreements. Advertising agencies and other advertising intermediaries are obliged to adhere to the price lists of the online services in their offers, contracts and invoices with the advertisers. In the event of default or deferment of payment, interest and collection costs will be charged. In the event of default in payment, SpectroNet may defer further execution of the current order until payment has been made and demand advance payment for the remaining placement.
(3) Objectively justified doubts as to the solvency of the Client entitle SpectroNet to make the appearance of further advertising media dependent on the advance payment of the amount and the settlement of outstanding invoice amounts, even during the term of the contract, irrespective of an originally agreed payment term.
§ 11 Amendment of the General Terms and Conditions
(1) SpectroNet reserves the right to change these General Terms and Conditions at any time, subject to a reasonable notice period of at least two weeks. The announcement is made by publishing the amended General Terms and Conditions on SpectroNet's web pages, stating the effective date.
(2) If the customer does not object within two weeks after publication, the amended terms and conditions shall be deemed accepted. In the announcement of the amendment, the significance of the two-week period is pointed out separately.
(3) In the event of a timely objection by the Customer to the amended Terms and Conditions, SpectroNet shall be entitled, while safeguarding the legitimate interests of the Customer, to terminate the existing contract with the Customer at the time the amendment enters into force. Corresponding contents of the customer will then be deleted from the database. The customer may not assert any claims against SpectroNet from this.
§ 12 Final clauses
(1) In the event of disputes between the customer and SpectroNet, German law shall apply exclusively, to the exclusion of all substantive and procedural legal norms that refer to another legal system. Furthermore, the provisions of the UN Convention on Contracts for the International Sale of Goods are excluded.
(2) Collateral agreements, amendments or supplements to this contract must be made in writing to be effective. The revocation of the written form requirement also requires the written form to be effective.
(3) Exclusive place of jurisdiction for disputes arising from or in connection with this contract for both contracting parties is the registered office of Technologie- und Innovationspark Jena GmbH, Wildenbruchstrasse 15, D-07745 Jena, if the customer is a merchant.
(4) Should individual provisions of this contract be or become invalid, this shall not affect the validity of the agreements. The parties are obliged to replace the ineffective provisions with effective ones that come as close as possible to the aim of the agreement, taking into account the mutual economic interests.