General Terms and Conditions for Subscriptions
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 depiction of the publication on EUWID’s website on its own does constitute a legally binding offer but is only a non-binding invitation to the client to submit his own offer. The client submits a binding offer upon placement of his order unless otherwise agreed. EUWID accepts the offer with explicit confirmation of the order (not at the moment the client is sent automatic confirmation of receipt by email) or by delivery of the ordered publications or by arrangement of the customer’s 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 by clicking on the “Buy” button 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.
1.4 Revised versions of these General Terms and Conditions for Subscriptions only become an integral part of the contract when they are notified to the client in writing or in text form (e.g.by email) with typographical highlighting of the amendments and the client does not expressly object in writing or in text form to the revised version within four weeks of receiving notification of the amendments. The client’s attention is drawn to the significance of his failure to respond upon notification of the revised version. If the client objects to the revised version of the General Terms and Conditions for Subscriptions, the contractual relationship continues under the original terms and conditions.
1.5 Conflicting terms of the client or those deviating from these General Terms and Conditions for Subscriptions do not apply even if EUWID undertakes deliveries without explicitly denying their applicability in each individual case.
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 reductions that have occurred with advance notice of 3 months. EUWID reserves the right to raise its prices even during a current subscription period when supplementary contents and/or functions are added to EUWID publications. Where a price is raised by more than 5%, the client is entitled to terminate, on the date the increase becomes applicable, the relevant subscription contract without notice. If the client does not exercise this right of termination, the subscription contract continues under the new terms and conditions. EUWID will draw the client’s attention to these legal consequences upon notification of the price increase.
Article 4: Rights of Use
4.1 The individual articles, tables and other contents of EUWID printed 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 within the scope of the applicable licence at the agreed and specified premises of the client. In addition to the following terms and conditions, the Terms and Conditions of Use for Online Services apply for the use of online services. EUWID reserves all rights to its publications and contents.
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) – even if this takes place within the client’s company and/or group of companies;
- 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. A compelling reason for extraordinary termination by EUWID shall be understood to exist in particular when the client has been in default of payment for more than one month or has infringed EUWID copyrights. A compelling reason for an extraordinary termination does not exist for the client in particular when his field of business is changed, a department is outsourced, or when an employee leaves the company.
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.
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. If the client transfers data to EUWID that applies to a particular or determinable person (particularly data relating to authorised employees), the client bears sole responsibility for ensuring that the person concerned has consented to this transfer and processing of his data or that appropriate statutory authorisation exists.
2.2 The client – in cases of subscriptions for multiple persons – and the users covered by his licence obtain 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. The client will take all reasonable precautions to prevent unauthorised use of the online services by third parties. If several of the client’s employees are authorised users within the scope of a subscription for multiple persons, each user receives their own personal access data which are not permitted to be disclosed to the client’s other employees. The client ensures that the licensed users comply with this obligation. If the client becomes aware of misuse of any access data, he shall notify EUWID immediately. If misuse is suspected, EUWID reserves the right to temporarily bar the client’s and the licensed users’ access to the online services until the access data has been changed. This does not affect EUWID’s other rights.
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. The client can use the appropriate browser settings to specify how his browser handles cookies. If the client deletes cookies or configures the browser to reject cookies, the availability of the online services might be restricted.
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.
2.7. The client can generally visit EUWID’s websites without notifying EUWID of his identity. EUWID websites use Piwik (http://www.piwik.org), and open-source web analysis service. Data is gathered and stored for marketing and optimisation purposes with the aid of Piwik technology. EUWID only saves the name of the internet provider, the website from which the client has visited EUWID’s website, and the name of the requested file. This information is analysed for statistical purposes at most and helps to improve EUWID’s services. In doing so, the client retains his anonymity as an individual user. Cookies can be used for this purpose. Data gathered using Piwik technologies is not used to reveal the personal identity of visitors to EUWID’s website or merged with personal data pertaining to the bearer of the pseudonym unless agreed to separately by the person concerned.
2.8. Personal data is only gathered when the client voluntarily discloses this information for the purpose of opening a customer account or when registering for the EUWID email newsletter. This data will only be used for managing the client’s contracts and processing his enquiries unless he gives explicit permission to the contrary. After completion of the contract and payment of the purchase price in full, the client’s data will be stored in accordance with tax and trade record-keeping legislation but erased upon expiry of the relevant periods unless the client has given explicit permission for further use of his data.
The email address given for conclusion of the contract will be used exclusively for EUWID’s own advertising purposes in the form of the newsletter insofar as the client has given explicit permission to do so by activating “Subscribe to newsletter”. For this purpose, the client’s email address will be conveyed the service provider CleverReach GmbH & Co. KG, Felix-Wankel-Str. 16, D-26125 Oldenburg, who officially produces and dispatches the newsletter on EUWID’s behalf. CleverReach GmbH & Co. KG uses the data exclusively for the aforementioned purpose with due regard for the legitimate interests of the client. CleverReach GmbH & Co. KG does not disclose this personal data to third parties.
The client can cancel the newsletter at any time by means of the appropriate link, the newsletter, or by notifying EUWID accordingly. Once the newsletter has been cancelled, the client’s email address will be erased immediately with regard to receipt of the newsletter.
Article 3: Utilisation of Online Services
3.1 The client receives the simple, non-transferable right to use on his computer and for his own internal business purposes only at the agreed and specified premises, digital editions of the subscribed periodical (e-Paper) appearing during the subscription period as well as the digital publications and contents (e.g. Markets and Online Archive) issued within the scope of other online services. In the case of subscriptions for multiple persons, the use of these publications and contents is restricted to the fixed number of named employees in the client’s company and the agreed and specified premises of the client (named user). If a licensed user is permanently unable to use the publication (e.g. after leaving the company), the client will notify EUWID accordingly and name a substitute user in written form; furthermore, a licensed user’s access is non-transferable.
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 the client’s own research. The use of contents retrieved from the online databases for producing more than only one reproduction and for establishing the client’s own databases or 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 even if they only simulate access by an authorised user and do not impair other clients’ ability to retrieve the online services.
As of May 01, 2013