General Terms and Conditions of Business TELECOM VERLAG GMBH

1. Scope

The following General Terms and Conditions of Business shall be applicable to all quotations, deliveries, services and legal transactions in connection with purchasing, sale, lease and other contracts, including such transactions concluded in future, in particular as regards the use of the following products of TELECOM VERLAG GMBH:

a) CD-ROM „Bankers’ Telerom“
b) Online link „Bankers’ Telenet“ + „Bankers’ Telecom“
c) Internet portal TELECOM VERLAG
d) Bankers´ Data
(hereinafter referred to as “data” or “data bases”)

Any of the user’s terms and conditions to the contrary or deviating from these terms and conditions shall not be accepted, unless if TELECOM VERLAG GMBH has expressly granted its consent in the written form.

These contractual terms and conditions shall also be applicable, if TELECOM VERLAG GMBH should accept an order from the user without reservation, despite TELECOM VERLAG GMBH bearing knowledge of conflicting or deviating terms and conditions of the user. In the event any one that any of these provisions should be invalid, the validity of the remaining terms and conditions shall not be affected thereby.  An invalid provision shall be replaced by a provision, which comes as close as possible to the intended content, which the parties would have agreed upon if such circumstance should have been contemplated at the time of concluding contract.  Assurances, ancillary agreements and amendments to contracts of any kind have to be in the written form in order to become valid and effective, verbal agreements shall not be valid.

2. Prices - Quotations

All prices are specified in the respectively valid price lists of TELECOM VERLAG GMBH. The utilisation period is noted in the price lists.  In the event that additional quotations should be required, of which the content exceeds the products and procedures mentioned in the price lists, TELECOM VERLAG GMBH shall submit an individual quotation to the interested party.

3. Delayed Performance and Reimbursement

In the event of delayed delivery and performances due to force majeure or other circumstances, which are not attributable to TELECOM VERLAG GMBH, TELECOM VERLAG GMBH shall be entitled to defer delivery or performances for the duration of hindrance, plus an appropriate start-up time.  In the event of failure of services due to disturbance outside TELECOM VERLAG GMBH’s field of responsibility, remuneration shall not be refunded.  Besides, refunds of part-remuneration based on downtime shall solely be granted, if TELECOM VERLAG GMBH or its vicarious or performing agents was the cause of such error based on intent or gross negligence and downtime lasts for a period longer than 24 hours.

4. Proprietary Rights

TELECOM VERLAG GMBH shall be proprietor of the trademarks „Bankers’ Telerom“, „Bankers’ Telenet“ and „Bankers’ Telecom“. All vested rights to data shall remain with TELECOM VERLAG GMBH, who establishes, processes and enters such data based on own research into a data base. The rights to software required for production or reproduction shall vest with the software producers and/or suppliers, if the source code should not be in the ownership of TELECOM VERLAG GMBH.

5. Updating

Data shall be determined and processed continuously and successively. The respectively current database at hand shall be used for production of the individual trademarks. TELECOM VERLAG GMBH shall generally reserve the right to modify and improve on the range of performances offered.  The user shall be furnished with the necessary information in this regard within due time.

6. Utilisation Rights

TELECOM VERLAG GMBH shall grant the user a single, non-exclusive and personal right, to use the data carrier on one single computer or workstation.  In the event that the customer should intend to use more than one workstation, respectively a larger time frame or more than the predetermined volume, such performances are listed in the respectively valid price list.  The user undertakes to solely equip the number of workstations as specified in the invoice. If Telecom Verlag GmbH should establish that more users than specified should simultaneously be working with the data carriers, an additional payment amounting to fivefold the invoiced value shall be raised.

7. Copyrights

If nothing to the contrary has been agreed, all vested rights to the contractual performances shall exclusively lie with TELECOM VERLAG GMBH, regardless of whether such rights pertain to copyrights, industrial property rights or other rights. If nothing has been agreed, the user shall merely be granted single, non-transferable and non-exclusive utilisation rights. The data bases recorded on data carriers, scanning software and content of print media are protected against copying and reproduction under copyright law and other national and international statutory provisions.

In the event that third party software should be deployed, utilisation rights as stipulated by the software producer shall be applicable. The user shall be under the obligation to provide itself with the necessary information and to abide by such regulations. The rights to texts, logos and illustrations of any kind shall be in the proprietorship of the respective rights owner. It shall not be permitted to pass on data and programs, it shall in particular be prohibited to amend, reverse assemble, decompile or disassemble components of programs.

8. Data Protection

The user agrees that TELECOM VERLAG GMBH shall save and automatically process personal data acquired within the framework of working relations in its data processing system. TELECOM VERLAG GMBH has imposed protection of data privacy upon its employees.

9. Warranty

TELECOM VERLAG GMBH warrants towards the user, that the data made available against a fee is free from material and processing defects. This shall not pertain to content, which has been researched, captured, redacted and recorded in the data base by the editorial staff. In the event that any data carrier should prove to be defective and such defect can not be eliminated, such data carrier shall be replaced. If such a replacement should not be possible within adequate deadline, the user shall be entitled to assert its statutory rescission rights. No warranty is given that the data carriers comply with the concrete requirements of the subscriber.

10. Liability

(1) Other than in cases of loss of life, bodily harm or health damage, TELECOM VERLAG GMBH shall solely be held liable for damages, if such damages are based on intentional or grossly negligent acts or culpable violation of any fundamental contractual obligation.

(2) In addition, TELECOM VERLAG GMBH shall in particular not take over any liability as regards quality, efficiency, economical viability and appropriateness towards a certain purpose.  Claims for compensation of damages against TELECOM VERLAG GMBH – irrespective of its legal grounds – shall be precluded, insofar as TELECOM VERLAG GMBH should not be burdened by intent or gross negligence, respectively in the event of slight negligence of such obligations, which actually facilitate the due and proper accomplishment of the Agreement (so-called “cardinal obligations”).  In the latter case, liability shall be limited to predictable damages typical to this kind of contract as well as the total aggregate of the order. This exemption of liability shall not be applicable to any warranty given by TELECOM VERLAG GMBH or in the case of mandatory statutory regulations.

(3) TELECOM VERLAG GMBH has no influence on the use of information and data made available by it in data bases.  Securing correct use of such data shall be incumbent upon the user.  The user shall verify the respective data as regards completeness and conclusiveness and in the event of doubt; the user shall obtain additional expert advice. TELECOM VERLAG GMBH shall not be held liable for damages, which the user should suffer due to violation of these obligations.  TELECOM VERLAG GMBH shall also not take over any liability for incorrect information and damages caused thereby, if such information or services have been produced by third parties and is merely offered via TELECOM VERLAG GMBH.

11. User’s Liability

The user shall be entitled to screen data contained in the databases of TELECOM VERLAG GMBH for own purposes. The user shall be under the obligation not to make improper use of TELECOM VERLAG GMBH’s means of access to databases and to refrain from any and all unlawful acts.  If necessary, the users of databases shall be given a user name and password for use of such data bases.  The user name and password shall authorise the user to use the products and services offered by TELECOM VERLAG GMBH against payment. The user shall be under the obligation to treat the user name and password as strictly confidential and access thereto may not be granted to third parties. This shall in particular relate to, but not exclusively, disclosure of user names and passwords to third parties and noting down user names and passwords on documentation, which is accessible by third parties and the like.  In the event of passing on user names and password accidentally, or in the event of improper application, the provider shall immediately inform TELECOM VERLAG GMBH. TELECOM VERLAG GMBH shall not be liable for damages, which the user may suffer due to misuse or loss of the subscriber identification (user ID, password). The user shall be liable for disturbances, which it should cause due to improper use of the database.

If the user should be granted the possibility by TELECOM VERLAG GMBH to add any own entries to data or databases, the user undertakes to carry out such entries in accordance with the standards and guidelines as laid down by TELECOM VERLAG GMBH, abstain from any and all kinds of misuse and to carry out the respective entries comprehensively and correctly.

The user itself shall be responsible for the acquisition and installation of the technical prerequisites in order to facilitate access and transmission of TELECOM VERLAG GMBH’s data or databanks. The minimum specifications as regards technical equipment are contained in the specification of performances made available to the user.

12. General Provisions

Any changes or supplements to these provisions have to be in the written form in order to become valid and effective. The contracts concluded with TELECOM VERLAG GMBH shall solely be governed by the laws of the Federal Republic of Germany. Place of performance and venue of jurisdiction shall be Weilheim in Upper Bavaria.

 

TELECOM VERLAG GMBH · Pollinger Str. 1 · 82362 Weilheim / Bavaria / Germany
Telephone: ++49 (0) 881 92 57 34 00 · Fax: ++49 (0) 881 92 57 34 10
Web: www.bankers-telenet.com · E-mail: contactbankers-telenet.com