General Terms of Business
of Dr. Beyer Internet-Beratung in respect of business persons and self-employed persons
§ 1 General, area of validity
Dr. Beyer Internet-Beratung (for provider data please refer to the legal notice) is the operator of the internet portal www.analytic-news.com (portal) and offers for business persons and self-employed persons (customers) among other things free and chargeable information, advertising and advertisement services.
These General Terms of Business shall apply to all customers of the portal upon initial access of the internet services made available on the portal. These General Terms of Business are supplemented by the forum use rules, the data protection notice and the price list in their respective currently valid version.
Objection is hereby raised to any counter-confirmation by customers with reference to their own Terms of Business and/or Purchasing Terms. Individual agreements shall remain unaffected.
The customers are entitled to use the internet services made available at www.analytic-news.com according to the following provisions.
§ 2 Subject-matter of the agreement
The operator maintains the portal www.analytic-news.com Visitors (business persons, self-employed persons and consumers) are offered comprehensive information and contents on this portal about current developments in the field of chemistry, laboratories and analytics. The operator reserves the right to adapt the manner and scope of its offered information at any time in line with its business model. The adaptations shall be undertaken in accordance with current technical developments, current market developments and taking due account of the customersí legitimate interests.
Customers are able to order the following chargeable services from the operator:
Customers are able to place advertising (e.g. banner advertising, text boxes, links, advertisements) for their companies on the portal and in the newsletters. In this case, customers are obliged to supply technically fault-free copy. The operator is obliged to include the online advertising on the portal in accordance with the agreement and to make it available for retrieval by interested parties.
Publication of press releases
The customer may publish press releases of an advertising nature (without illustrations) in the "News" section. A reference in the newsletter is included; further options may be additionally booked.
The operator also reserves the right to publish company announcements (e.g. staff news, takeovers, new plants, etc.) free of charge; a right to publication free of charge shall not, however, exist.
All releases and announcements are permanently archived and are freely accessible.
Customers shall provide a Word or PDF file and the company logo for publication in the online job market. An advertisement shall run for one month; a reference in the newsletter is included in the price. An extension of the advertisement publication period as well as additional references in newsletters, etc. are possible and may be additionally booked.
The operator reserves the right to publish job advertisements (e.g. from universities, universities of applied sciences and non-profit-making research institutions) free of charge; a right to publication free of charge shall not, however, exist.
Customers shall provide the seminar description, the contact data and the company logo for publication in the online calendar. The event shall be displayed on the portal at least until the expiry of the date of the event.
The operator reserves the right to make entries free of charge of academic conferences, congresses and fairs; a right to publication free of charge shall not, however, exist.
An entry in the "LabFirms" directory is possible in different variations (free of charge, chargeable). Customers shall receive access data and can amend their entry at any time. The laboratory directory can additionally be accessed via the domain www.labfirms.de
§ 3 Creation of contracts
Customers shall submit their binding offer for ordering one of the aforementioned services by means of a separate order (transmission by letter, fax or e-mail). The operator accepts the offer if it confirms the agreement in writing to the customer, at the latest, however, with the performance of the ordered services.
Within the scope of this agreement, merely the obligations arising from the services of Section 2 of these General Terms of Business shall exist between the contracting parties. Above all, agreements with the customers and visitors shall always come directly into existence between these parties. The performance of the agreement with the operator accordingly does not depend on possible agreements between the visitors and customers.
§ 4 Remuneration and due dates
The remuneration of services according to Section 2 of these General Terms of Business shall be determined according to the operatorís respective price list which is valid at the time of ordering. The price list is retrievable online at www.analytik-news.de/Werbung/Mediadaten.html.
The entry in the directory is charged in advance each year.
The placement of advertisements is charged in advance to the respective publication date.
All invoices to customers shall fall due for payment within 14 (fourteen) days after receipt of the invoice without deduction.
§ 5 Contractual terms and termination
The entry in the directory shall have a minimum contractual term of 1 (one) year. If this agreement is not terminated with a period of notice of 1 (one) month to the end of the term, then it shall be extended by one further year.
Job advertisements, product advertisements, entries in the event calendar, advertising banners, etc. may be terminated by the customer before the expiry of the term; costs shall, however, not be reimbursed on a pro rata basis.
The respective term for online advertising shall be stipulated separately.
The right to effect termination for good cause shall remain unaffected.
§ 6 Rights and obligations of the customer; release from liability
Customers guarantee that the business data and job advertisements provided by them, their online advertising or other information surrendered to the operator for publication do not infringe third-party rights or violate prevailing law. They must especially ensure that third-party identification rights or rights to use a name or copyrights are not infringed and that the German Unfair Competition Act (UWG) or the German General Equal Treatment Act (AGG) is not violated.
Customers shall indemnify the operator against all claims which are asserted against the operator on account of the published business data, job advertisements, online advertising or other information surrendered by the customer to the operator for publication. The operator shall inform customers without delay if third-party claims are asserted. Customers may undertake the defence themselves and are hereby empowered and authorised to do. Customers are obliged to assume all thus incurred expenses.
In the case of claims asserted by third parties, the operator is entitled to remove the online advertising as well as other affected press releases and announcements, advertisements, etc., unless it is clear from the outset that such claims are unfounded.
Customers undertake to use the data of interested parties of which they have become aware within the scope of the rendering of performance only in connection with the intended contractual relationship with the interested party. Forwarding to third parties is not permitted.
§ 7 Rights and obligations of the operator
The operator undertakes to check its own editorial contributions and other services to the best of its ability with regard to topicality, factual correctness, completeness and security.
The operator reserves the right to remove inserted information, contents and files whose factual correctness is doubtful, which infringe statutory or official regulations, third-party rights or public morality or which are infected with viruses after it has become aware of the situation without prior notice. Claims which are derived on account of the removal of such information or files cannot be asserted against the operator.
The operator shall endeavour to make its internet portal available in technical terms in such a manner that access by interested parties is possible at all times. On account of maintenance work, temporary availability restrictions may occur, especially in the so-called maintenance windows.
The design regarding content and technology, particularly the form and content of the internet platform, are exclusively subject to the operatorís discretion. In this respect the operator reserves the right to discontinue, restrict, expand, supplement or improve at any time all services offered free of charge.
§ 8 Rights and obligations in the case of breaches of duty
Unless otherwise stipulated or individually agreed between the operator and the customer, the statutory provisions shall be applicable.
§ 9 Liability
The operator is liable without limitation for intent and gross negligence. In the case of infringements of fundamental contractual obligations within the scope of this agreement caused by slight negligence on the part of the operator or its legal representatives or its vicarious agents, the operatorís liability in respect of customers is limited to the foreseeable, typical contractual, direct average loss. Liability is excluded in all other cases.
Should the portal make access possible to other websites via links, the operator is not responsible for the external contents contained on these sites. The operator shall assume no ownership of these external contents. Liability for external contents is excluded. If the operator acquires knowledge of illegal contents on external websites, the operator shall remove the link to such websites without delay.
The operator shall not be liable for the factual correctness of data and for the virus-free quality of files which are placed on the portal by customers or other users.
The above limitations of liability and exclusions shall not affect claims on the part of customers resulting from product liability. In addition, the limitations of liability shall not apply to physical injury and damage to health suffered by customers for which the operator is responsible.
§ 10 Data protection, declaration of consent of the customer
All business data forwarded by customers is electronically saved and processed by the operator.
In the case of the "Provider Directory" service, customers hereby grant the operator their personal consent that the operator may publish, i.e. electronically save, process and make available for retrieval by third parties, the transmitted business data on the portal www.analytic-news.com.
In the case of the booking of "Online Advertising", "Press Releases", "Job Advertisements" and "Event Information", customers grant their personal consent that the operator may publish, i.e. electronically save, process and make available for retrieval by third parties, the copy provided by customers, including links, and the copy created by the operator, including links, on the internet portal www.analytic-news.com
Customers have the right to revoke their consent for the future in writing.
§ 11 Information in electronic business transactions; exclusion of Article 312e, Paragraph 1, Sentence 1, Nos. 1-3, Sentence 2 of the German Civil Code (BGB)
Customers shall have the possibility at all times to download and save these General Terms of Business from the download sector of the portal in reproducible form as a file.
Customers have extensive information at their disposal on the portal about the utilisation possibilities and manner of use of the portal, such as FAQs. In other respects, the application of Article 312e, Paragraph 1, Sentence 1, Nos. 1-3, Sentence 2 of the German Civil Code (BGB) is excluded.
§ 12 Copyrights, trademark rights and other industrial property rights
The operator is the owner of all proprietary and industrial property rights and all copyrights with regard to its own contributions and other contents of its own.
The user undertakes to neither remove nor make illegible the copyright notices or other references to such rights contained on the portal.
§ 13 Miscellaneous provisions
The laws of the Federal Republic of Germany shall be exclusively applicable to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction is Darmstadt in the Federal Republic of Germany, provided the customer is a business person. The operator is additionally also entitled to raise an action at the customerís general place of jurisdiction.
The German text of the agreement of these General Terms of Business and their components shall take precedence over translations into other languages in cases of doubt.
The ineffectiveness of one or several provisions of this agreement shall not affect the effectiveness of this agreement in other respects.
The supplementary components of these General Terms of Business may all be retrieved from the public sector of the portal.
These General Terms of Business shall supersede and replace all previous General Terms of Business. The operator shall inform the customer of any further changes to these General Terms of Business in writing by e-mail. If the user does not raise objection to such changes within a period of 14 days after receipt of the notification, then the changes shall be deemed agreed if the customer continues to use the operatorís services made available at www.analytic-news.com The customer shall be informed separately of the right to raise objection and of the legal consequences of maintaining silence in the case of an alteration to these General Terms of Business.
Dr. Beyer Internet-Beratung
As at: May 2010