general terms and conditions
General Terms and Conditions of Service for eco2business
§ 1 Scope of application
1.1 The following General Terms and Conditions of Service apply to any contractual relationship between eco2business, managing director Thomas Dillig, Wurzelbauer Straße 33, RG, 90409 Nürnberg, below "eco2business", and the user of this webpage.
1.2 Services performed by eco2business shall be carried out solely based on the following General Terms and Conditions of Service. Terms and conditions by the user contrary to or differing from the ones constituted here shall not be accepted unless they have been confirmed by eco2business explicitly.
1.3 eco2business will communicate any changes of these Terms and Conditions to the users. If the user doesn't veto against these changes in written form within six weeks after receiving the according message, he/she thereby will declare his/her consent to the new Terms and Conditions. About this right of withdrawal and the consequences of not expressing it the user will be informed explicitly in the according message.
1.4 The services offered by eco2business are available only for companies, individual enterprises and freelancers. The presentation on the webpage of eco2business is not possible for consumers.
§ 2 Subject matter of the contract
2.1 eco2business operates a business portal of the environmental sector amongst others under the domain eco2business.de, where retailers, manufacturers and customers provide information about their products and services in the sector of environmental technologies and are thereby able to establish business contacts with other retailers, manufacturers and service providers.
2.2 eco2business hereby doesn't present the user or vendor, the customer or retailer or other service provider and does also not demand any commission for the accomplishment of business contacts. This implicates, that eco2business won't continuously check the actual existence of the users offers. eco2business is not responsible for any offers, which the users publish on the webpage for exchanging information and establishing business contacts.
2.3 Users intending to offer their products or services or information about their company on the webpage of eco2business need to register on the webpage of eco2business first and will be able to utilise eco2business' services afterwards in the second step by taking out a subscription liable to pay costs.
The current price list for the subscription packages is to be found on eco2business' webpage.
2.4 eco2business is offering to all users a money-back guarantee. The conditions of this guarantee can also be found on the webpage.
2.5 eco2business is authorised to remove illicit content from eco2business' webpage without advance notice, if any violation of the General Terms and Conditions of eco2business emerges.
§ 3 Services by eco2business
3.1 eco2business provides the technical requirements for the presentation of information for their subscribers. Additionally the presentation of the company profile and further information is possible in different languages.
3.2 eco2business also translates in different languages, particularly the information, which the users want to present on eco2business' webpage, for a further charge independent of the subscription price.
3.3 eco2business is personally present even abroad, to establish business contacts.
§ 4 Registered users, Generally
4.1 Each user needs to fill in a registration form on the webpage.
4.2 Each registered user can choose a unique username and associated password to log in to his/her personal account.
4.3 Each user assures, that all data given by him/her on registration are valid and complete. The user is obligated to notify eco2business on any change of their user data immediately.
Each user is only allowed to register once and create only one user profile.
4.4 The registration is free of charge. By registering the user gains the possibility to enter information e.g. on companies, products and services on the webpage of eco2business. However, the user is not yet allowed to publish these information on the webpage. The entered information remains unpublished, until the user opts for a subscription and authorises the publication.
§ 5 Registered users with subscription and prices
5.1 After registration the user is able to take out different subscriptions on the utilisation of the services on the webpage.
5.2 The subscriptions and the associated prices are always updated on the webpage of eco2business and are there accessible at any time.
5.3 The subscription fees are always final and include the respectively effective value added tax.
5.4 Through the closure of the subscription procedure, the user proposes an offer to complete the contract about the usage of eco2business’ website services within the scope of a subscription. eco2business accepts this offer by confirming the subscription and activating the user’s account enabling him to use the services of the eco2business website. Thereby, the contract will be concluded.
§ 6 Responsibilities of the registered user taking out a subscription
6.1 The user does not offer or demand information which is illegal according to
- § 130 StGB [German Penal Code] (incitement of the people),
- § 130 a StGB (instructing criminal actions),
- § 131 para. 1 StGB (demonstrating violence),
- § 86 StGB (distributing propaganda means of unconstitutional organizations),
- § 86 a StGB (using codes of unconstitutional organizations),
- § 87 StGB (acting as an agent for purposes of sabotage),
- §§ 184, 184 c StGB (distributing pornographic texts),
- §§ 29 ff. Controlled Substances Legislation,
- §§ 284, 286 StGB (illegal organization of gambling, raffles, or draws),
or
offers information to children and adolescents or mediate usage of information which can
- ethically put children and adolescents at risk or affect their well-being.
6.2 The user will not use any proprietary contents (e.g. content protected by copyright, letters patent, or utility patent, registered design, trademarked names) if not authorized to do so or promote, offer, or market products or services protected by law.
§ 7 Technical Availability
7.1 eco2business aims to assure the constant availability of the system. Possible failures and/or limitations of the system due to maintenance or repair work cannot be prevented. Furthermore, failures and limitations due to technical disturbances are possible. eco2business assumes no liability with regard to limited or discontinued usage.
§ 8 Contract Duration, Cancellation
8.1 The minimum duration of a subscription is determined by the subscription period as laid down in the contract and will automatically be extended by further 6 months if the subscription has not been cancelled as described in 8.2.
8.2 The users can only cancel their subscription with at least two weeks notice given to the termination of the subscription period agreed upon. The cancellation can be carried out using the contact form provided on the eco2business website or via fax or letter to eco2business. When canceling the subscription, username and mailing address have to be quoted.
8.3 Registered users without a subscription can cancel their registration at any time by giving notice in writing.
8.4 The Right for Extraordinary Dismissal remains unaffected.
8.5 For eco2business, good cause is particularly shown if the continuation of the contract until the termination of the legal cancellation period is not reasonable under consideration of all circumstances of the individual case and under consideration of interests of eco2business and the user. The following events are particularly good cause:
8.5.1 violation of legal regulations through the user,
8.5.2 violation of contractual duties,
8.5.3 the reputation of the services offered on the eco2business website is considerably impaired through the presence of the user,
8.5.4 the user promotes associations or communities – or their methods – which are monitored by security or child-welfare authorities,
8.5.5 the user harms one or more other users.
8.6 If an important reason according to point 8.5 exists, eco2business can – independent of the cancellation of the contract – also impose the following sanctions on the user:
8.6.1 Deletion of contents which have been contributed by the user,
8.6.2 Disabling the access to the services of the eco2business website.
§ 9 Liability of eco2business
9.1 eco2business shall be liable for any damage caused while using the provided platform as well as other technical devices provided which is based on intentional or grossly negligent breach of duty by a legal representative or auxiliary person of eco2business. As far as eco2business or their legal representatives and auxiliary persons can not be proven to intentionally have violated their obligations, the liability for compensation is limited to the foreseeable and typically occurring damage.
9.2 The liability concerning culpable violation of life, body, or health remains unaffected.
9.3 Unless regulated in the preceding, liability is excluded.
§ 10 Indemnity
10.1 The user indemnifies eco2business from any claims, including claims for damages, which are asserted by other users or other third parties against eco2business because of a violation of their rights through the contents contributed by the user. Furthermore, the user indemnifies eco2business from any claims, including claims for damages, which are asserted by other users or other third parties against eco2business because of a violation of their rights through the user’s utilization of the services of the eco2business website. The user takes on all resulting costs of eco2business due to a violation of the rights of third parties, including the attorney’s fee. All further rights as well as claims for damages of eco2business remain unaffected.
The preceding obligations of the user do not apply if the user does not represent the accordant violation of rights.
10.2 If the rights of third parties are violated by the user’s contents, the user will obtain the right to use these contents on the user’s own expenses and at eco2business’ option (obtaining a license from the owner of rights) or immediately re-arrange the contents in a way that is not violating any property rights. If the user violates the rights of any third party by using the services of eco2business, he will upon request of eco2business immediately cease the unlawful and illegal usage.
§ 11 Right of Utilization
11.1 eco2business is authorized to use, publish, and in other ways utilize the presentation and marketing materials (especially photos, audio recordings, and texts) that have been provided by the user without any restriction in terms of the contract. The users guarantee to be holder of the copyrights and/or to be authorized to transfer these. In this regard, the user indemnifies eco2business and third parties, which justifiably derive rights from eco2business’ services, from any rights of third parties and is liable for all damages.
§ 12 Responsibility for Contents, Data, and/or Information of the Users
12.1 eco2business does not take on any responsibility for the contents, data, and/or information provided by the users of the eco2business website and neither for the contents on the websites that are externally linked to the eco2business website. eco2business particularly does not guarantee that the contents are truthful, serve a certain purpose, or are able to answer such a purpose.
§ 13 Final Provisions
13.1 Subsidiary arrangements concerning this contract are not made.
13.2 Modifications and supplements as well as subsidiary arrangements concerning this agreement must be in written form. This also applies for the requirement of written form itself.
13.3 If an individual provision of these General Terms and Conditions is or becomes invalid, inexecutable, or incomplete, the effectiveness of the other provisions remains unaffected. The invalid, inexecutable, or incomplete provision will be substituted by the corresponding legal regulations.
13.4 The contract is subject to the law of the Federal Republic of Germany.
13.5 Place of jurisdiction and place of execution is Nuremberg. CISG does not apply.
§ 1 Scope of application
1.1 The following General Terms and Conditions of Service apply to any contractual relationship between eco2business, managing director Thomas Dillig, Wurzelbauer Straße 33, RG, 90409 Nürnberg, below "eco2business", and the user of this webpage.
1.2 Services performed by eco2business shall be carried out solely based on the following General Terms and Conditions of Service. Terms and conditions by the user contrary to or differing from the ones constituted here shall not be accepted unless they have been confirmed by eco2business explicitly.
1.3 eco2business will communicate any changes of these Terms and Conditions to the users. If the user doesn't veto against these changes in written form within six weeks after receiving the according message, he/she thereby will declare his/her consent to the new Terms and Conditions. About this right of withdrawal and the consequences of not expressing it the user will be informed explicitly in the according message.
1.4 The services offered by eco2business are available only for companies, individual enterprises and freelancers. The presentation on the webpage of eco2business is not possible for consumers.
§ 2 Subject matter of the contract
2.1 eco2business operates a business portal of the environmental sector amongst others under the domain eco2business.de, where retailers, manufacturers and customers provide information about their products and services in the sector of environmental technologies and are thereby able to establish business contacts with other retailers, manufacturers and service providers.
2.2 eco2business hereby doesn't present the user or vendor, the customer or retailer or other service provider and does also not demand any commission for the accomplishment of business contacts. This implicates, that eco2business won't continuously check the actual existence of the users offers. eco2business is not responsible for any offers, which the users publish on the webpage for exchanging information and establishing business contacts.
2.3 Users intending to offer their products or services or information about their company on the webpage of eco2business need to register on the webpage of eco2business first and will be able to utilise eco2business' services afterwards in the second step by taking out a subscription liable to pay costs.
The current price list for the subscription packages is to be found on eco2business' webpage.
2.4 eco2business is offering to all users a money-back guarantee. The conditions of this guarantee can also be found on the webpage.
2.5 eco2business is authorised to remove illicit content from eco2business' webpage without advance notice, if any violation of the General Terms and Conditions of eco2business emerges.
§ 3 Services by eco2business
3.1 eco2business provides the technical requirements for the presentation of information for their subscribers. Additionally the presentation of the company profile and further information is possible in different languages.
3.2 eco2business also translates in different languages, particularly the information, which the users want to present on eco2business' webpage, for a further charge independent of the subscription price.
3.3 eco2business is personally present even abroad, to establish business contacts.
§ 4 Registered users, Generally
4.1 Each user needs to fill in a registration form on the webpage.
4.2 Each registered user can choose a unique username and associated password to log in to his/her personal account.
4.3 Each user assures, that all data given by him/her on registration are valid and complete. The user is obligated to notify eco2business on any change of their user data immediately.
Each user is only allowed to register once and create only one user profile.
4.4 The registration is free of charge. By registering the user gains the possibility to enter information e.g. on companies, products and services on the webpage of eco2business. However, the user is not yet allowed to publish these information on the webpage. The entered information remains unpublished, until the user opts for a subscription and authorises the publication.
§ 5 Registered users with subscription and prices
5.1 After registration the user is able to take out different subscriptions on the utilisation of the services on the webpage.
5.2 The subscriptions and the associated prices are always updated on the webpage of eco2business and are there accessible at any time.
5.3 The subscription fees are always final and include the respectively effective value added tax.
5.4 Through the closure of the subscription procedure, the user proposes an offer to complete the contract about the usage of eco2business’ website services within the scope of a subscription. eco2business accepts this offer by confirming the subscription and activating the user’s account enabling him to use the services of the eco2business website. Thereby, the contract will be concluded.
§ 6 Responsibilities of the registered user taking out a subscription
6.1 The user does not offer or demand information which is illegal according to
- § 130 StGB [German Penal Code] (incitement of the people),
- § 130 a StGB (instructing criminal actions),
- § 131 para. 1 StGB (demonstrating violence),
- § 86 StGB (distributing propaganda means of unconstitutional organizations),
- § 86 a StGB (using codes of unconstitutional organizations),
- § 87 StGB (acting as an agent for purposes of sabotage),
- §§ 184, 184 c StGB (distributing pornographic texts),
- §§ 29 ff. Controlled Substances Legislation,
- §§ 284, 286 StGB (illegal organization of gambling, raffles, or draws),
or
offers information to children and adolescents or mediate usage of information which can
- ethically put children and adolescents at risk or affect their well-being.
6.2 The user will not use any proprietary contents (e.g. content protected by copyright, letters patent, or utility patent, registered design, trademarked names) if not authorized to do so or promote, offer, or market products or services protected by law.
§ 7 Technical Availability
7.1 eco2business aims to assure the constant availability of the system. Possible failures and/or limitations of the system due to maintenance or repair work cannot be prevented. Furthermore, failures and limitations due to technical disturbances are possible. eco2business assumes no liability with regard to limited or discontinued usage.
§ 8 Contract Duration, Cancellation
8.1 The minimum duration of a subscription is determined by the subscription period as laid down in the contract and will automatically be extended by further 6 months if the subscription has not been cancelled as described in 8.2.
8.2 The users can only cancel their subscription with at least two weeks notice given to the termination of the subscription period agreed upon. The cancellation can be carried out using the contact form provided on the eco2business website or via fax or letter to eco2business. When canceling the subscription, username and mailing address have to be quoted.
8.3 Registered users without a subscription can cancel their registration at any time by giving notice in writing.
8.4 The Right for Extraordinary Dismissal remains unaffected.
8.5 For eco2business, good cause is particularly shown if the continuation of the contract until the termination of the legal cancellation period is not reasonable under consideration of all circumstances of the individual case and under consideration of interests of eco2business and the user. The following events are particularly good cause:
8.5.1 violation of legal regulations through the user,
8.5.2 violation of contractual duties,
8.5.3 the reputation of the services offered on the eco2business website is considerably impaired through the presence of the user,
8.5.4 the user promotes associations or communities – or their methods – which are monitored by security or child-welfare authorities,
8.5.5 the user harms one or more other users.
8.6 If an important reason according to point 8.5 exists, eco2business can – independent of the cancellation of the contract – also impose the following sanctions on the user:
8.6.1 Deletion of contents which have been contributed by the user,
8.6.2 Disabling the access to the services of the eco2business website.
§ 9 Liability of eco2business
9.1 eco2business shall be liable for any damage caused while using the provided platform as well as other technical devices provided which is based on intentional or grossly negligent breach of duty by a legal representative or auxiliary person of eco2business. As far as eco2business or their legal representatives and auxiliary persons can not be proven to intentionally have violated their obligations, the liability for compensation is limited to the foreseeable and typically occurring damage.
9.2 The liability concerning culpable violation of life, body, or health remains unaffected.
9.3 Unless regulated in the preceding, liability is excluded.
§ 10 Indemnity
10.1 The user indemnifies eco2business from any claims, including claims for damages, which are asserted by other users or other third parties against eco2business because of a violation of their rights through the contents contributed by the user. Furthermore, the user indemnifies eco2business from any claims, including claims for damages, which are asserted by other users or other third parties against eco2business because of a violation of their rights through the user’s utilization of the services of the eco2business website. The user takes on all resulting costs of eco2business due to a violation of the rights of third parties, including the attorney’s fee. All further rights as well as claims for damages of eco2business remain unaffected.
The preceding obligations of the user do not apply if the user does not represent the accordant violation of rights.
10.2 If the rights of third parties are violated by the user’s contents, the user will obtain the right to use these contents on the user’s own expenses and at eco2business’ option (obtaining a license from the owner of rights) or immediately re-arrange the contents in a way that is not violating any property rights. If the user violates the rights of any third party by using the services of eco2business, he will upon request of eco2business immediately cease the unlawful and illegal usage.
§ 11 Right of Utilization
11.1 eco2business is authorized to use, publish, and in other ways utilize the presentation and marketing materials (especially photos, audio recordings, and texts) that have been provided by the user without any restriction in terms of the contract. The users guarantee to be holder of the copyrights and/or to be authorized to transfer these. In this regard, the user indemnifies eco2business and third parties, which justifiably derive rights from eco2business’ services, from any rights of third parties and is liable for all damages.
§ 12 Responsibility for Contents, Data, and/or Information of the Users
12.1 eco2business does not take on any responsibility for the contents, data, and/or information provided by the users of the eco2business website and neither for the contents on the websites that are externally linked to the eco2business website. eco2business particularly does not guarantee that the contents are truthful, serve a certain purpose, or are able to answer such a purpose.
§ 13 Final Provisions
13.1 Subsidiary arrangements concerning this contract are not made.
13.2 Modifications and supplements as well as subsidiary arrangements concerning this agreement must be in written form. This also applies for the requirement of written form itself.
13.3 If an individual provision of these General Terms and Conditions is or becomes invalid, inexecutable, or incomplete, the effectiveness of the other provisions remains unaffected. The invalid, inexecutable, or incomplete provision will be substituted by the corresponding legal regulations.
13.4 The contract is subject to the law of the Federal Republic of Germany.
13.5 Place of jurisdiction and place of execution is Nuremberg. CISG does not apply.