Please find below our new general terms and conditions, effective from the 1st of October 2009:

General Terms and Conditions for Subscriptions (Subscription GBC)

Article 1: Basis for the Contract; Conclusion of the Contract

1.1    The following General Terms and Conditions (Subscription GBC) apply to all contracts between EUWID GmbH (hereinafter referred to as "EUWID") and the client for periodic delivery and provision of access to periodicals and other editorial contents (offline as print media or via the Internet as "Online Services") as well as the delivery of other individual printed publications (hereinafter collectively referred to as "Publications"). Special conditions also apply governing the use of online services ("Conditions of Use of Online Services").

1.2    The client's order represents a binding offer. EUWID accepts the offer with explicit confirmation of the order (not upon immediate confirmation of receipt automatically sent to the client by e-mail) or upon delivery of the ordered publications or by provision of online access.

1.3    In the case of an order placed by the client on the EUWID website, the client has the opportunity to recognise and correct input errors before submitting such an order. After the order is placed, the Subscription GBCs remain accessible on the website, but not the client's individual order. The client should therefore save and/or print out his order during the ordering process.

Article 2: Delivery

2.1    Periodicals are supplied in the form of a printed medium by post or in electronic form as an online service with online access as requested by the client. The place of fulfilment is EUWID's place of residence, for online services the place of fulfilment is the transfer point to the Internet.

2.2    Delivered publications remain the property of EUWID until the client has paid the full purchase price to EUWID. For online services, the right of revocation correspondingly applies for the rights of use. 

Article 3: Prices, Terms of Payment, Default

3.1    The price for the respective publication is that stated in the respective current EUWID price list for this product. All quoted prices are subject to statutory value-added tax and any applicable shipping costs.

3.2    The client is invoiced for a subscription in advance at the beginning of the initial term of the subscription (6 months/1 year) and always 6 weeks before the beginning of all following subscription terms. All amounts are immediately due for payment without deduction upon receipt of the invoice.

3.3    If the client is in default of subscription payment for longer than one month and a period of grace of two weeks set by EUWID has also elapsed without payment, EUWID can then withhold further deliveries or bar the client's online access. EUWID will inform the client of this eventuality when setting the period of grace. The statutory regulations for default apply for all remaining eventualities.

3.4    EUWID will announce price changes for subsequent subscription periods in the publication concerned at least three months before they become applicable. Notwithstanding this, EUWID is entitled to adjust subscription prices in line with cost increases or decreases that have occurred with advance notice of 3 months. In the event of a price increase, the client is entitled to terminate the subscription contract without adhering to a deadline for termination before expiry of the current subscription term.

Article 4: Rights of Use

4.1    The individual articles, tables and other contents of EUWID publications and the EUWID online services are protected by copyright and are exclusively reserved for the client's own use and the use of the client's employees where applicable. All rights reserved.

With regard to the published contents, without prior explicit written approval from EUWID, (whether in total or in part) the client is not entitled to

• duplicate, reprint, or save them on data carriers in any form;
• make them accessible in digital form in the client's own network (Intranet);
• transfer them or make them accessible to third parties in any form (paper, image or data carrier, microfilms, Internet) (third parties also include independent facilities/affiliates and foreign companies as well as the parents and subsidiaries of a company) or
• utilise or rework them in any other manner (e.g. by translation, processing, transformation, or rearrangement.

Copyright protection applies worldwide. Infringement of the copyright provisions represents a statutory violation which will entail prosecution under civil or criminal law.

4.2    Trademarks, logos, copyright notices and other notices on proprietary rights as well as any other distinguishing marks serving to identify EUWID and/or the authors and other notices may not be changed or removed from the contents (including print copies).

4.3    If the client culpably violates the aforementioned provisions, a contractual penalty of double the annual payment for the affected individual subscription will be due, taking into account possible claims for damages by EUWID, which remain expressly reserved.

Article 5: Claims Arising from Defects and Liability

5.1    The rights of the client in cases of defects are determined by statutory regulations. EUWID provides no guarantee that contents received from third parties (e.g. authorities) are accurate, complete, or up to date.

5.2    In all cases of contractual (also pre-contractual) and non-contractual liability, EUWID shall pay damages or reimburse futile expenses only to the following extent:

a) in full in cases of intent and assumption of a guarantee for the agreed characteristics;

b) to the extent of foreseeable and typical damage which should have been prevented by due diligence in cases of gross negligence;

c) reimbursement to the extent of the foreseeable and typical damage in other cases only upon violation of an obligation essential to the contract, without which the objective of the contract would be endangered (cardinal obligation) and whose fulfilment the client may therefore reasonably rely on, though limited to the extent of the annual fee for the relevant individual subscription for all losses incurred during the contract year.

5.3    The statutory period of limitation for all client claims for defects (Article 5.1) as well as payment for damages and reimbursement for futile expenses (Article 5.2) is one year. This does not apply to copyright claims made by third parties. The statutory limitation in each case begins in accordance with the statutory regulations and comes into effect – in the event of a maximum statutory expiration date – no later than five years from the formation of the claim. The statutory limitation of claims against EUWID arising from deliberate or grossly negligent breach of duty or from the assumption of guarantee remains unaffected.

5.4    Statutory liability for personal injury or product liability remains unaffected.

Article 6: Data Protection

The required client data, especially client name and address, are stored, processed and employed for the purposes of fulfilling the contractual relationship between EUWID and the client, for fostering existing relations with the client, and for quality control and further development of the product. EUWID will not pass the data on to third parties for any other purpose.

Article 7: End of Contract, Termination

7.1    The subscription begins upon conclusion of the contract, hence upon delivery of the first issue of a periodical or provision of online access at the latest, and includes all the editions appearing during the respective subscription period.

7.2    The subscription is automatically renewed for one year – even when the initial term is less than one year, e.g. 6 months – if it is not terminated 8 weeks prior to expiry of the respective subscription period.

7.3    A trial subscription (3 months) is automatically transformed into an annual subscription if it is not terminated at least 2 weeks prior to expiry of the trial term (the provision in Article 7.2 applies thereafter).

7.4    The right of termination for compelling reasons remains reserved. In the event of a violation of a contractual obligation, advance notice of termination with specification of a deadline must be given unless setting such a deadline is unreasonable for the terminating party.

7.5    Every contract termination must be made in writing to become effective. Decisive for compliance with a term of notice is the date of EUWID's receipt of notice of termination.

Article 8: Concluding Provisions

8.1    The laws of the Federal Republic Germany apply exclusively and under exclusion of the UN Convention on Contracts for the International Sale of Goods.

8.2    Exclusive place of fulfilment and jurisdiction for all disputes from and in connection with the contract is Gernsbach, Germany. EUWID also has the right to take legal action at the legal domicile of the client or at any other place of jurisdiction in accordance with national or international laws.

8.3    Insofar as individual provisions of these General Terms & Conditions do not or no longer conform to the current legal position or are or become unfeasible, the legal validity of the remaining provisions remains unaffected.

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Special Conditions for the Use of Online Services (Conditions of Use of Online Services)

Article 1: Application Area

These conditions of use for online services are supplementary to the Subscription GBCs in relation to access to and utilisation of the publications and contents provided in online databases by EUWID, especially for periodic receipt of periodicals (hereinafter referred to as "Conditions of Use of Online Services").

Article 2: Online Access and Availability

2.1    The client must register on the EUWID website for provision of access to the online services. The client vouches for the completeness and integrity of the data he supplies.

2.2    The client obtains password-protected access to the online services via the Internet by entering the access data (user name and password) selected upon registration. The client is responsible for provision of the technical means for accessing, opening, and displaying the online services, particularly with respect to the necessary hardware and software as well as connection to the Internet.

2.3    The client is obliged to keep the access data secret and prevent unauthorised use of the online services by third parties. If the client acquires any knowledge of any misuse of the access data, he must inform EUWID without delay. Upon suspicion of misuse, EUWID is entitled to bar client access to the online services.

2.4    EUWID employs so-called "cookies" and other technologies to recognise the client and offer personalised services. Cookies are small text files sent by WWW servers when a website is visited. The purpose of these cookies is to enhance user-friendliness, effectiveness, and security of the online offering. The cookies contain no personal data and no form of personal information so that no identification of a person is possible on the basis of the information obtained from the cookies alone. If the automatic login option is used, EUWID sets a cookie which subsequently remains stored on the client's hard drive for future automatic login use ("persistent cookie").      

By setting the browser functions appropriately the client can determine how his browser should handle cookies in general. If the client deletes cookies or the browser is set so that it rejects cookies, the result may be limitations to the online services.   

If the client activates the automatic login, a cookie is placed in which the client's registration data are stored in order to recognise the client and provide automatic access the next time he logs in. Once automatic login has been activated, the client can deactivate the function at any time.

2.5    EUWID is entitled to employ protective systems to safeguard the legitimate use of the contents of its online services (in their entirety or only for individual contents or publications).

2.6    The online services on the EUWID website are generally available to the client 24 hours a day, 7 days a week, with an availability of 95% per calendar month. Periods of unavailability due to announced maintenance work or technical malfunctions outside EUWID's sphere of responsibility, e.g. Internet connection beyond EUWID's exchange node, are not taken into account.

Article 3: Utilisation of Online Services

3.1    The client receives the simple, non-transferable right to use on his computer and print, for his own internal business purposes only, one copy of the editions of the subscribed periodical appearing during the duration of the subscription period as well as the publications and contents issued within the scope of other online services.

3.2    The client acknowledges that the online databases have been created by EUWID within the meaning of Articles 4 Section 2, 87a Section 1 Copyright Law [UrhG]. The associated computer programmes are protected in accordance with Articles 69a ff. [UrhG], and written documentation in accordance with Article 2 [UrhG]. EUWID also holds all rights to all other elements of the online databases, especially the legal rights of use and intellectual property rights on the included contents and documents.  The client is permitted to use the results of his research solely for his own internal business purposes. This includes the right to store or print one copy of a research result for postprocessing for the purposes of his own research. The use of retrieved contents for producing more than only one reproduction and the creation of systematic collections are not permitted.

3.3    The provision set out in Article 53 [UrhG] concerning the reproduction for private and other own usage remains unaffected. Furthermore the client is not permitted to reproduce, entirely or in part, any of the contents of the on-line services, or process them (e.g. incorporate individual texts or parts thereof into the client's documents), or forward them or make them accessible in any form to third parties (this also includes other facilities/affiliates and foreign, parent, or subsidiary companies of the client as well as its employees), or incorporate them into networks (e.g. an Intranet) or transfer them into databases of any kind in any form of media nor analyse nor exploit them in any other commercial form without the prior written consent from EUWID.

3.4    Webcrawler and spider queries which access the online database services of EUWID as well as similar automatic processes are not permitted.

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