- SCOPE OF APPLICATION
These Terms and Conditions govern the relationship between the companies who register in the database of www.industrystock.com to display their offers online and advertise their business with banners on the industrystock.com website, (hereinafter 'Customer'), and Deutscher Medien Verlag GmbH (hereinafter 'DMV GmbH').
These General Terms and Conditions shall be effective from their publication on 28 May 2015.
- OBLIGATIONS OF THE CUSTOMER
The Customer shall update its data, in particular the offers published, and thereby contribute to accurate search results. The Customer is responsible for all the data or content it has provided. Should the Customer fail to comply with its obligations, DMV GmbH is entitled to exclude the Customer from its services without prior warning and without compensation.
The passwords supplied to the Customer are intended for business purposes and must therefore be treated confidentially.
The Customer is aware that any data entered can be accessed worldwide.
- OBLIGATIONS OF DEUTSCHER MEDIEN VERLAG GMBH
Through its Internet domain www.industrystock.com (and approx. 100 additional top-level domains) DMV GmbH offers a B2B industry portal/trading platform with search engines for manufacturers and products, in addition to other business-to-business services.
In the event that technical problems should lead to an interruption of the services offered, DMV GmbH shall do everything within its power to resolve the issue as quickly as possible, insofar as the problem lies within its area of responsibility.
DMV GmbH reserves the right to check database entries and to exclude the Customer from the contract in case of demonstrable discrepancies.
- DESIGN GUIDELINES
Company advertisements, including logos, images, pdfs as well as the landing pages made available in several languages to be linked to the customer's URL, shall follow the design guidelines set forth by DMV GmbH.
DMV GmbH decides on the admission, modification or placement of booked company advertisements.
It is the Customer’s responsibility to ensure that the documents required for the insertion of the advertisement are submitted no later than four weeks after the order has been placed, either in digital form via a data carrier or by email, or in analog form (on paper).
- CONCLUSION, DURATION AND TERMINATION OF THE AGREEMENT
The Agreement shall become effective upon signature by the Customer (Contract Partner).
Unless agreed otherwise, the Agreement is concluded for a minimum term of 12 months with a notice period of 1 month. Unless it is terminated (in time), the Agreement shall be automatically extended for another year. The notice of termination shall be made in writing.
- OVERVIEW OF SERVICES
Unless agreed otherwise, contracts for services of DMV GmbH shall include the following services for a basic Premium listing: • Company name with full contact details; • Company logo with link to the website of the company; • Email form (with anti-spam protection) and link to the website of the company; • Product-related images (galleries), videos, texts, links to the homepage, documents and catalogues, as well as presentation of documents and catalogues as part of the basic Premium listing; • Product specifications with links to the product pages; • Company information such as turnover, number of employees, ISO information offices (national and international); • Landing pages (if these have been booked). If multiple languages have been booked in an order, the scope of services shall only include the translation of booked keywords or products. The translations of other information – such as product specifications, PDF files, etc. – in the booked target languages are not part of the normal scope of services.
- TERMS OF PAYMENT, CREDITS
DMV GmbH shall invoice the Customer for any chargeable services on annual basis, unless agreed otherwise. The current price list of DMV GmbH shall be valid.
Invoices are payable without deductions and, unless otherwise stated or agreed, due within 30 days after receipt of the invoice. Failure to comply with the payment deadline or period shall entitle DMV GmbH to discontinue the services. The discontinuation of services does not release the Customer from the obligation to pay the outstanding balance due. DMV GmbH shall continue to provide the services that have been temporarily discontinued immediately upon receipt of payment.
DMV GmbH is entitled to demand payment in advance for all products and services.
Certain offers on the website can be settled by means of website credits ("Credits") subject to any amounts owed to us for these transactions.
In some cases, not all products, subscriptions or services are payable by Credits. For example, the initial Premium basic entry in the database of DMV GmbH requires a separate payment.
The Customer can find the possible Credit postings in the Customer's account under the menu item "Credits >> Credit Information".
If a Customer books a Credit, an effective contract between merchants is automatically concluded.
If a customer uses a service, DMV GmbH shall withdraw the appropriate number of Credits from the Customer's account. If the Customer does not have the amount of Credits at the time of intended use of the DMV offer, the Customer shall receive a notice and the opportunity to earn Credits.
Credits exist in two basic forms: "Standard Credits" and "Extra Credits".
Customers can buy Standard Credits by accepted methods of payment within the Customer's area. DMV GmbH accepts payment by the German payment option "Sofortüberweisung", direct debits, debit card, credit card and "purchase on account". When purchasing Standard Credits by means of credit or debit card or an online payment account, the Customer guarantees that he is the holder of the bank account or is authorized to dispose of the credit card or bank account, and that the invoice data provided are accurate; furthermore, the Customer authorizes DMV GmbH to debit the aforementioned credit or debit card, or online account, with the total purchase amount including sales tax or any equivalent taxes. DMV GmbH may require a minimum purchase of Credits per transaction.
Purchases of Standard Credits are non-refundable; Credits expire 730 days (2 years) after the date of purchase and automatically lose their value. DMV GmbH allows at its discretion the transfer of unused Credits, subject to a maximum limit of transferable Credits.
DMV GmbH shall occasionally grant the Customer Extra Credits. These Extra Credits can be used in the same way as the Standard Credits - they are merely not permitted for payment of the contract underlying the Customer's database entry. Only Standard Credits can be used for this purpose, in addition to customary invoicing. Extra Credits cannot be paid or reimbursed; Extra Credit that have not been used before the end of the 360th day after being credited shall expire without exception.
Both forms of credits described here have no monetary value outside of offers of DMV GmbH and may not be sold or traded.
All Credits shall automatically expire and lose their value upon termination or expiration of this Agreement.
- SPECIAL PROVISIONS
Customer data will be used as search criteria and search results. The data supplied by the Customer is therefore available to the public and can be viewed worldwide. This also applies in particular to the images and logos provided by the Customer.
DMV GmbH is granted the right to use this customer data, including the provided images and logos, and to publish them on the website www.industrystock.com, as well as on other domains managed by DMV GmbH.
- LIABILITY, CLAIMS
DMV GmbH endeavors to provide the services without error or interruptions. However, interruptions of service cannot be completely ruled out. DMV GmbH is not liable for any loss of data, nor for the timeliness, completeness or accuracy of the information presented on the website www.industrystock.com. This does not apply to information concerning DMV GmbH and its homepage, which is identified by a copyright symbol. The use of data on www.industrystock.com is at the own risk of the Customer and user of the site. DMV GmbH may not be held liable in any way for any damages, consequential damages or loss of profits, loss of data, data modifications, delays, non-availability of the system or other damages. This Agreement is governed by German law.
The Customer agrees to the processing, storage and use of his personal data, as required for the order processing and invoicing.
- FINAL PROVISIONS
These Terms and Conditions can be viewed at any time at http://www.industrystock.com. The place of jurisdiction for any disputes is Cottbus, Germany. DMV GmbH reserves the right to take legal action against the Customer before the competent court at the registered seat or domicile, or before any other court of competent jurisdiction. This Agreement is governed by German law.