AGB
General Terms and Conditions of Nexiga GmbH
Status: September 2021
These terms and conditions are an integral part of our offers and contracts or other business with our customers and shall also apply to future business with them. Deviating terms and conditions of the customer shall not apply, even if we have not expressly rejected them.
I. Prices
Prices are subject to the applicable statutory value-added tax.
II. delivery dates
(1) Agreed delivery dates shall be extended appropriately in the event of subsequent changes to the order initiated by the customer or delayed delivery by the customer, as well as in the event of force majeure, labor disputes or operational disruptions for which we are not responsible, regardless of whether they occur in our company or at our subcontractors. Fixed dates shall only be recognized by us if we have designated them as such and expressly confirmed them in writing.
(2) In the event that a delivery deadline is culpably exceeded, default shall not occur until the customer has received a written reminder. In the event of default, the customer shall be entitled to withdraw from the contract or to claim damages after setting a reasonable grace period in writing.
III Warranty and liability
(1) Nexiga information is largely based on official data, own or third-party surveys and calculations derived therefrom. Its validity is therefore limited to the scope of the usual statistical range.
(2) The Customer acknowledges that the Data Products are complex and that Nexiga's warranty obligation set forth in Section III contains an allowable margin of error. Nexiga does not warrant or represent that the Data Products will meet the needs or expectations of the End User. Since the Data Products are also compiled from public directories and registers, among other sources, Nexiga cannot guarantee their accuracy and completeness despite constant comparative checks.
(3) The customer shall notify us of complaints due to incomplete or defective delivery in case of obvious defects within fourteen days after delivery. If the customer is a merchant, defects which can be detected by reasonable examination shall be notified to us in writing without delay, hidden defects without delay after their discovery.
(4) If the timely complaint turns out to be justified, we shall have the right, at our discretion, to rectify the defect or to deliver a replacement. In the event that two rectifications fail or the replacement delivery is again defective or the rectification is not carried out within a reasonable period of time, the customer may demand a reduction of the remuneration or withdraw from the contract.
(5) Any claim for damages by the customer, irrespective of the legal grounds, shall be excluded for cases of slight negligence with the exception of the breach of essential contractual obligations (cardinal obligations). In the event of a slightly negligent breach of cardinal obligations, the fulfillment of which is indispensable for achieving the purpose of the contract, we shall be liable without limitation for personal injury, and for property damage and financial loss only for such damage as could usually be expected to occur at the time the contract was concluded. In business transactions with merchants, the aforementioned limitations of liability shall also apply to cases of gross negligence.
(6) Liability for consequential harm caused by a defect is excluded, unless the damage was caused intentionally or by gross negligence.
(7) If the customer is a merchant, its claims for defects in the delivery shall become statute-barred after twelve months from the handover of the delivery item, unless the claim arises from an assumed guarantee or is attributable to gross negligence or intent on our part.
IV. Scope of use
(1) All programs supplied by us are protected by copyright pursuant to §§ 69 a ff UrhG (German Copyright Act) and the data supplied by us are protected by special copyright pursuant to §§ 87 a ff UrhG; they may therefore only be used to the extent agreed with the customer.
(2) The production of copies of the programs and data supplied by us requires our express prior consent. The same applies to the transfer in telecommunication networks to other computers. The production of a necessary backup copy is permissible.
(3) For each individual case of culpable violation of the prohibition of duplication, excluding the invocation of a possible continuation connection, the customer shall pay us a contractual penalty in the amount of EURO 100,000. We reserve the right to claim damages in excess of this amount.
V. Payments
(1) Unless otherwise agreed, our invoices shall be due for payment without deduction immediately after invoicing. If the customer is in default, we shall be entitled to charge interest from the relevant date at a rate of 5% above the respective base interest rate of the Deutsche Bundesbank. If the customer is a merchant, our interest on arrears shall be 8% above the respective base interest rate of the Deutsche Bundesbank.
(2) If it subsequently becomes known to us that the customer, when placing the order, concealed unfavorable circumstances which were not recognizable to us and which did not allow us to exclude his inability to fulfill the contract, we shall be entitled to withdraw from the contract without a grace period and to demand payment for services already rendered.
(3) The Customer may only offset counterclaims or withhold payments if its claim is undisputed or has been finally determined by a court of law.
VI. assignment
The assignment of rights arising from the business relationship or of claims against us to third parties shall require our prior written consent in order to be effective.
VII General provisions
German law shall apply exclusively to all legal relationships with us. The international sales law does not apply.
VIII. Jurisdiction
If the customer is a registered trader, Bonn is agreed as the place of jurisdiction for all legal disputes arising from this contract.
Legal notice
1. content of the online offer
The author assumes no liability for the topicality, correctness, completeness or quality of the information provided. Liability claims against the author, which refer to material or immaterial nature caused by use or disuse of the information or the use of incorrect or incomplete information are excluded, unless the author is not intentional or grossly negligent fault. All offers are subject to change and non-binding. The author expressly reserves the right to change, supplement or delete parts of the pages or the entire offer without prior notice or to discontinue the publication temporarily or permanently.
2. references and links
The author is not responsible for any contents linked or referred to from his pages - unless he has full knowledge of illegal contents and would be able to prevent the visitors of his site fromviewing those pages. The author hereby expressly declares that at the time the links were created, no illegal content was identifiable on the linked pages. The author has no influence on the current and future design, content or authorship of the linked pages. Therefore, he hereby expressly dissociates himself from all contents of all linked pages that were changed after the link was set. This statement applies to all links and references set within the own Internet offer as well as to external entries in guest books, discussion forums, link directories, mailing lists set up by the author and in all other forms of databases to whose content external write access is possible. For illegal, incorrect or incomplete contents and especially for damages resulting from the use or non-use of such information, only the provider of the linked page is liable, not the one who has linked to the respective publication.
3. copyright and trademark law
The author endeavors to observe the copyrights of the graphics, sound documents, video sequences and texts used in all publications, to use graphics, sound documents, video sequences and texts created by himself or to use license-free graphics, sound documents, video sequences and texts. All brand names and trademarks mentioned on the website and possibly protected by third parties are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the respective registered owners. The mere mention of a trademark does not imply that it is not protected by the rights of third parties! The copyright for published objects created by the author himself remains solely with the author of the pages. Any duplication or use of objects such as diagrams, sounds or texts in other electronic or printed publications is not permitted without the author's agreement.
4. data protection
The protection of your personal data is important to us. Personal data is therefore only collected by us to the extent technically necessary. You can find more information on the subject of data protection in our data protection declaration.
5. legal validity of this disclaimer
This disclaimer is to be regarded as part of the internet publication which you were referred from. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.