General Terms and Conditions

Purchase or license agreements are always concluded between the customer and TEDATA GmbH. The following General Terms and Conditions apply to the contractual relationship.

 

§ 1 Scope of application

The following General Terms and Conditions apply to the sale and delivery of software and services of TEDATA Gesellschaft für technische Informationssysteme mbH, Königsallee 45, 44789 Bochum (hereinafter referred to as TEDATA). The customer's General Terms and Conditions shall not apply even if TEDATA has not expressly objected to them. Verbal collateral agreements are not permitted.

 

§ 2 Conclusion of the contract

A software license, service or purchase contract is concluded by order on the part of the customer and acceptance of the order by TEDATA. It contains the designations, the type and the number of licenses, products or services purchased.

 

§ 3 Payment conditions

Invoice amounts shall be due for payment without deduction 14 days after delivery of the performance (software and/or service) at the latest. They shall be subject to statutory value added tax.

 

§ 4 delivery and delivery deadlines

(1) TEDATA shall deliver the goods in accordance with the description contained in the offer.

(2) Agreed delivery deadlines may be extended by up to three months as a result of strikes, lock-outs and in cases of force majeure.

 

§ 5 Retention of title

(1) The delivered goods shall remain the property of TEDATA until all claims arising from this contract have been paid in full. If the Buyer acts in breach of contract - in particular if it is in default of payment of the remuneration owed - TEDATA shall have the right to take back the goods subject to retention of title after TEDATA has set a reasonable deadline for performance.

(2) In the event that the software is made available as a download, TEDATA may, after setting a reasonable deadline for performance, demand the deletion of the link and the software from the customer in the event of breach of contract, as well as written confirmation of this.

(3) If TEDATA takes back the reserved goods, this shall constitute a withdrawal from the contract. The transportation costs incurred for the repossession shall be borne by the Buyer. It shall also constitute a withdrawal from the contract if TEDATA seizes the reserved goods. Goods subject to retention of title taken back by TEDATA may be utilized by TEDATA. The proceeds of the realization shall be set off against the amounts owed by the Buyer to TEDATA after TEDATA has deducted a reasonable amount for the costs of the realization.

(4) The buyer may use the goods delivered for the intended purpose. The buyer must take care of the goods delivered. It must insure them against fire damage, water damage and theft at its own expense, the insured sum being sufficient to cover the replacement value.

(5) In the event of seizure of the goods subject to retention of title by third parties or other interventions by third parties, the Buyer must draw attention to TEDATA's ownership and must notify TEDATA immediately in writing so that TEDATA's ownership rights can be enforced. If the third party is unable to reimburse TEDATA for the judicial or extrajudicial costs incurred in this connection, the Buyer shall be liable for such costs.

 

§ 6 Warranty in the event of material defects of title

(1) The software shall be of the agreed quality and shall be suitable for the contractually agreed use, or in the absence of an agreement for the customary use. It shall fulfil the criteria for practical suitability and shall be of the quality which is usual for software of this type; however, it is not completely error-free. Functional impairment of the software resulting from hardware defects, environmental conditions, operating errors or similar shall not be considered to be a defect. A negligible reduction in quality shall not be taken into account.

(2) In the event of material defects, TEDATA may first provide subsequent performance. Subsequent performance shall be effected at TEDATA's discretion by remedying the defect, by supplying software that does not have the defect, or by TEDATA demonstrating ways of avoiding the effects of the defect. At least three attempts to rectify a defect must be accepted. An equivalent new program version or the equivalent previous program version without the defect shall be accepted by the customer if this is reasonable for him.

(3) The customer shall support TEDATA in analyzing errors and remedying defects, in particular by specifically describing any problems that occur, providing TEDATA with comprehensive information and granting TEDATA the time and opportunity required to remedy the defect. TEDATA may, at its discretion, remedy the defect on site or at its business premises.

(4) TEDATA may demand additional costs if the software has been modified, used outside the specified environment or operated incorrectly.

(5) TEDATA warrants that the contractual use of the software by the customer does not conflict with any third-party rights. In the event of defects of title, TEDATA warrants that it will, at its discretion, provide the customer with a legally flawless opportunity to use the software or equivalent software.

(6) TEDATA may demand reimbursement of expenses if no material defect or defect of title is found and the customer did not raise the complaint without negligence. The burden of proof lies with the customer § 254 BGB applies accordingly.

 

§ 7 Liability

(1) In the event of damage caused by TEDATA, TEDATA shall be liable for intent and gross negligence, including that of its vicarious agents, in accordance with the statutory provisions.

(2) This shall also apply for damages caused by negligence from death, physical injury or harm to health.

(3) TEDATA and its vicarious agents shall only be liable for property damage and financial loss caused by negligence in the event of a breach of a material contractual obligation, but limited in amount to the damage foreseeable at the time of conclusion of the contract and typical for the contract (material contractual obligations are those whose fulfillment characterizes the contract and on which the customer may rely).

(4) Potential liability in accordance with the Product Liability and Safety Act remains unaffected.

(5) Software products may contain data and legally binding standards for which the validity is limited in time or is replaced by revisions to be acquired.

(6) License terms may include different provisions with regard to the warranty (Sec. 6) and liability. These shall take precedence over these terms and conditions.

 

§ 8 Transfer, right to offset and right of retention

(1) Any assignment or transfer of claims, rights or obligations arising from the contractual relationship by the customer requires the prior written consent of TEDATA.

(2) The offsetting of counterclaims of the customer against TEDATA or the withholding of payments due to such claims is only permitted if the counterclaims are undisputed or have been legally established.

 

§ 9 Applicable law

(1) These general terms and conditions and their interpretation shall be governed exclusively by German law.

(2) The provisions of the UN Convention on Contracts for the Sale of International Goods (CISG) shall not apply.

 

§ 10 Place of jurisdiction

If the customer is an entrepreneur, the place of jurisdiction is the registered office of TEDATA GmbH.

 

§ 11 Severability clause

If a provision of this contract should be invalid, the validity of the rest of the contract shall remain unaffected by this. The invalid provision shall be replaced by a valid provision which reflects the economic intentions of the original provision as closely as possible.

Bochum, February 2018

 

 

General Terms and Conditions

for bookings of seminars, training courses, workshops, conferences and other events

These are always concluded between the participant and TEDATA GmbH. The following General Terms and Conditions apply to bookings for seminars, training courses, workshops, conferences and other events.

 

§ 1 Scope of application

The following General Terms and Conditions govern the contractual relationship between the participant (hereinafter referred to as "Participant") in seminars, training courses, workshops, conferences and other events (hereinafter referred to as "Event") and TEDATA GmbH, Königsallee 45, 44789 Bochum (hereinafter referred to as "TEDATA"). Any deviating or supplementary provisions in the participant's General Terms and Conditions shall not apply.

In addition, the "General Notes" attached to the respective event programs apply, if available.

For software license, service and purchase contracts, TEDATA's General Terms and Conditions of delivery and Payment from the General Terms and Conditions for Purchase and License Contracts of TEDATA GmbH shall apply exclusively.

 

§ 2 Registration/registration confirmation

The participant can register via the Internet, letter, fax or e-mail. Receipt of the registration will be confirmed by e-mail. However, this confirmation of receipt does not yet lead to the conclusion of the seminar contract and to a binding registration. Only when TEDATA has checked the registration and confirmed by e-mail that the participant's registration is binding does the seminar contract between the participant and TEDATA come into effect.

 

§ 3 Cancellations

Cancellation of participation in an event by the participant is possible for a processing fee of €100 up to 2 days before the start of the respective event via the Internet, letter, fax or e-mail. Thereafter or in the event of non-participation, the full participation fee shall be due unless a substitute participant from the same company is provided. Rebookings will be treated in the same way as cancelations.

 

§ 4 Cancellation of events

If it is not possible to hold the event due to force majeure or for other organizational, technical or economic reasons (e.g. due to illness of the speaker without a replacement speaker being available, or e.g. due to internet disruptions), TEDATA is entitled to cancel the event. The participants will be informed immediately. In this case, the event fee will be refunded. Any further claims, in particular compensation for travel and accommodation costs and loss of working hours, are excluded. Liability in accordance with § 10 remains unaffected by this.

 

§ 5 Changes to the course of the event

TEDATA reserves the right to replace announced speakers with others and to change the course of events or to replace, rearrange or cancel individual presentations at an event, provided this does not affect the overall character of the event.

 

§ 6 Rejection of an application

TEDATA may reject a registration for an event without giving reasons.

 

§ 7 Due date and payment, default

The amount of the participation fees can be found on the relevant website or in the relevant event brochure. All prices are subject to VAT.

The participation fee is due without deduction on the day of the seminar at the latest. Each participant receives a set of event documents (PDF) and a certificate of participation (only for seminars, training courses and workshops)

If the participant is in default of payment, TEDATA is entitled to charge interest on arrears at a rate of 5% above the statutory prime rate per annum. If the participation fee has not been received by TEDATA by the start of the event, TEDATA has the right to deny the participant participation in the event.

 

§ 8 Copyrights

The event documents are protected by copyright. TEDATA provides the event documents to the purchaser only for the intended use.

The modification of the event documents and the use of modified versions, making them publicly accessible, in particular on the Internet or in other networks, and their use in internal databases are not permitted. Reproduction - even in extracts -, passing on to third parties free of charge or against payment or any other use of the event documents is only permitted with the express written consent of TEDATA.

Photos and film footage taken at the event will be published in articles in TEDATA publications, in publications of MDESIGN Vertriebsgesellschaft mbH (Königsallee 45, 44789 Bochum), in other newspapers and magazines and on the Internet.

 

§ 9 List of participants and video and audio recordings

TEDATA undertakes to treat the data provided by the participant confidentially. We use the data collected during registration within the applicable legal limits for the purpose of providing our services. Participants will appear on the list of participants for the booked event, stating their name, position in the company, company and location. TEDATA is entitled, but not obliged, to record the event using video and audio media. The participant agrees to being filmed and/or photographed during the event and that these image and sound recordings may be distributed and publicly displayed in all known media, including the Internet.

 

§ 10 Liability

(1) TEDATA's contractual and statutory liability for damages due to slight negligence, regardless of the legal grounds, is limited as follows:

TEDATA's liability for breach of material contractual obligations is limited to the amount of foreseeable damages typical for this type of contract;

TEDATA shall not be liable for breach of non-essential obligations arising from the contractual relationship or for slight negligence in other respects.

(2) The aforementioned limitations of liability shall not apply in cases of mandatory statutory liability (in particular under the German Product Liability Act) or in cases of culpably caused bodily injury. Furthermore, they shall not apply if and insofar as TEDATA has assumed a guarantee.

(3) Sections 10.1 and 10.2 shall apply accordingly to TEDATA's liability for futile expenses.

(4) The participant is obliged to take appropriate measures to prevent and minimize damage.

 

§ 11 Assignment, right of set-off and retention

(1) Any assignment or transfer of claims, rights or obligations arising from the contractual relationship by the participant requires the prior written consent of TEDATA.

(2) The offsetting of counterclaims of the Participant against TEDATA or the withholding of payments due to such claims is only permitted if the counterclaims are undisputed or have been legally established.

 

§ 12 Applicable law

(1) These general terms and conditions and their interpretation shall be governed exclusively by German law.

(2) The provisions of the UN Convention on Contracts for the Sale of International Goods (CISG) shall not apply.

 

§ 13 Place of jurisdiction

If the participant concludes the seminar contract as an entrepreneur, the place of jurisdiction is the registered office of TEDATA GmbH.

 

§ 14 Severability clause

If a provision of this contract should be invalid, the validity of the rest of the contract shall remain unaffected by this. The invalid provision shall be replaced by a valid provision which reflects the economic intentions of the original provision as closely as possible.

Bochum, August 2020