Terms and Conditions

The following is an excerpt of the Terms and Conditions, and does not include those provisions which relate to the Agent Directory ("Branchenbuch"). The translation is provided for the convenience of English-speaking readers and only the German text is authoritative or has any legal value.

With the use of the services of CDH eService GmbH (hereafter referred to as CDH eService) at www.handelsvertreter.de, you acknowledge and accept the Terms and Conditions. CDH eService performs all services solely on the basis of these Terms and Conditions. Insofar as .de domains are a subject matter for this contract, in addition, the DENIC domain registration terms and conditions, the DENIC domain registration guidelines, and the DENIC direct price list are also effective.

We do not accept terms and conditions of the Advertising Space Buyer which wholly or partially deviate from these Terms and Conditions unless we have expressly agreed to them in writing. These Terms and Conditions are also exclusively in effect when we unconditionally perform our services with the knowledge of contrary terms and conditions of the Advertising Space Buyer.

These Terms and Conditions are also in effect for future transactions between the client and CDH eService, including when the Terms and Conditions are not expressly mentioned. By placing an order, the customer accepts these Terms and Conditions.

The various Top  Level Domains are administered by a number of different, mostly national organizations. Each of these organizations which allocates domains has different conditions for the registration and administration of the Top Level Domains, the accompanying sub-level domains, and the approach to conflicts over domains. Insofar as Top Level Domains are a subject matter of the contract, the respective allocation conditions are additionally in effect. Insofar as .de domains are a subject matter for this contract, in addition, the DENIC domain registration terms and conditions, the DENIC domain registration guidelines, and the DENIC direct price list are also effective.

Contracted Partner

INCREON GmbH, commercial registry number (HRB) 130165, local court (Amtsgericht) Munich, registered location Ismaning, Germany, conducts the organizational services on the Internet platform (for example, marketing, sales, technology, support of Advertising Space Buyers and advertising space services, providing) on behalf of CDH eService, Berlin - Munich, and is jointly responsible.

Providing services are conducted by Factsoft AG,  commercial registry number (HRB) 127116, local court (Amtsgericht) Munich, registered location Munich, Germany, on behalf of INCREON GmbH and CDH eService, and is therefore responsible for the tasks which are connected in the furthest sense with the providing services, and for tasks which are connected in the furthest sense with database and PHP programming and with technical support.

General Definitions

In these Terms and Conditions, "CDH eService" refers to the legal person which operates the Internet platform http://www.handelsvertreter.de. "Advertisements" or "Ads", "Listings", and "Agent Directory" are a part of the Internet platform of CDH eService.

In these Terms and Conditions, "Advertising Space Buyer" refers to the natural or legal person, corporation, or other association of persons which has requested or intends to request an advertisement or listing, or has issued, or intends to issue an order for banner advertising on www.handelsvertreter.de.  Further, "Advertising Space Buyer" refers to one who has entered oneself in the Agent Directory on the platform.

In these Terms and Conditions, "reader" refers to the natural or legal person, corporation, or other association of persons which permits himself to be advertised in the data supplied at www.handelsvertreter.de. "Customer" is every Advertising Space Buyer or reader.

Part A: Agreements

1.0 Subject matter

1.2 Agent Forum ("Vertriebsbörse") (Advertisements and Listings)

The subject matter is the provision of storage space by CDH eService for the placement of an advertisement or listing on www.handelsvertreter.de.

2.0 Duties of CDH eService

2.2 Agent Forum (Advertisements and Listings)

(2.2.1)
CDH eService is a broker of data. These data are transmitted by the Advertising Space Buyer to the Agent Forum and made available to the reader.

(2.2.2)
To permit the Advertising Space Buyer to access the stored advertisements and/or listings at any time, the Advertising Space Buyer assigns himself a username and a password.

(2.2.3)
CDH eService does not in any way assume any guarantee for the correctness and/or the legality of the data transmitted by the Advertising Space Buyer. The Advertising Space Buyer is responsible himself for the content of the transmitted data. CDH eService does not, as a rule, edit the advertisements or listings submitted.

CDH eService reserves the right to no longer made available to readers transmitted data which are not within the bounds of public taste or which are illegal – also upon mere suspicion of such – and to transmit them to security authorities. Services may be expanded, shortened, or subjected to other changes. The invoicing of advertisements follows according to the current valid price list. In the case of a cancellation of an advertisement or listing by the Advertising Space Buyer, no return remittance and/or refund of fees will be issued.

CDH eService further reserves the right to delete links to web sites on other servers and/or delete  completely designed advertisements without giving reasons and without notifying the Advertising Space Buyer and to make entries from particular Advertising Space Buyers impossible.

3.0 Duties of the Advertising Space Buyers

3.2 Agent Forum (Advertisements and Listings)

(3.2.1)
The Advertising Space Buyer warrants that the data communicated by him are correct and complete. Er further warrants to immediately inform CDH eService of respective changes to the communicated data and upon the corresponding request of CDH eService to again confirm the current correctness within 15 days from receipt. This applies in particular to name and postal address, e-mail address, and telephone and fax numbers of the Advertising Space Buyer.

(3.2.2)
Should interruptions arise during the use of the server, the Advertising Space Buyer will be informed immediately of these interruptions.

(3.2.3)
The Advertising Space Buyer is obliged to keep access data in accordance with Number 2.2.2 confidential vis-à-vis unauthorized third parties. In particular, username and password are to be stored such that the access to these data by unauthorized third parties is impossible, in order to rule out a misuse of the access through third parties.

(3.2.4)
The persons who use the contractually stipulated services with the knowledge and will of the Advertising Space Buyer are not considered as unauthorized third parties in the sense of Number 3.2.3.

(3.2.5)
The Advertising Space Buyer agrees to indemnify the provider from any and all claims of third parties which result from the illegality of content which the Advertising Space Buyer has stored on the storage area which is the subject of this contract. The indemnification also includes the agreement to indemnify completely CHD eService from legal and accounting fees (e.g., court and attorney fees).

5.0 Prices and Payment

5.2  Agent Forum (Advertisements and Listings)

(5.2.1)
The prices for advertisements and listings of CDH eService are fixed prices. The period selected by the advertising service buyer is the basis for the invoicing.

(5.2.2)
CDH eService reserves the right to increase the fees for the services it offers as it reasonably sees fit. CDH eService is entitled to further fee increases when the last price increase dates back at least six months.

(5.2.3)
CDH eService will invoice the Advertising Space Buyer the contractually owed fees for the period of advertising placement time selected by the Advertising Space Buyer. Invoices are due net for payment immediately from the invoice date. The payment possibilities are prepayment, direct debit (only in Germany) and credit card (using WorldPay). When placing an advertisement, the Advertising Space Buyer must choose one of these payment possibilities. A possible demand of the Advertising Space Buyer not to publish one or more advertisements does not discharge the Advertising Space Buyer from his duty to pay.

(5.2.4)
Should the Advertising Space Buyer default on payments due, the Advertising Space Buyer is obliged to pay late payment charges in the amount of 8% per annum. The basic rate of interest on late payments set forth by law is in all cases the minimum interest. CDH eService reserves the right to immediately block the Internet site of the Advertising Space Buyer, and also the Advertising Space Buyer of the reseller.

(5.2.5)
In the case of promotions, the prices indicated for promotions are only valid for the run time of the respective promotion. The periods of notice are, however, as described under "Periods of Notice". Should the period of an ordered promotional service automatically be renewed, from the beginning of the renewal, the normal prices, no longer the promotional prices, are in effect.

(5.2.6)
The claim for payment of handelsvertreter.de is based on the making available of the contractually stipulated services. Whether the Advertising Space Buyer actually then makes use of these services does not inasmuch play a role. A remittance in the case of a cancellation is within the discretion of the operator and must be individually reviewed.

(5.2.7)
handelsvertreter.de has no direct influence on the reaction of readers to the placed advertisements and listings and can therefore not assume any liability for the number of any contacts. Further, handelsvertreter.de rejects any guarantee of success for the establishment of a contact between the Advertising Space Buyer and any readers.

6.0 Guarantee and Liability

CDH eService is a broker of data and information. The integrity of data and information can in no way be guaranteed by CDH eService. For this reason, CDH eServices is not liable for loss which arises through incorrectly displayed or defective data. CDH eService is liable at most in the amount of the paid costs for services made use of. Claims in excess of this (e.g., lost profits) cannot be asserted.

(6.1)
For defects of its services in accordance with Numbers 1 and 2 of this agreement, CDH eService is liable according to the requirements of legal regulations.

(6.2)
CDH eService is not liable for the operability of the telephone connections to its server, and is not liable in the event of power outages and for the outages of servers over which it has no control.

(6.3)
In the case of slight negligence, CDH eService is liable only for the injury of fundamental contractual obligations (cardinal obligations). Apart from that, the pre-contractual, contractual, and non-contractual liability of CDH eService is limited to malice and gross negligence. The limits on liability are also in effect in the case of the indebtedness of a fulfilment partner of CDH eService.

(6.4)
CDH eService does not assume any liability for the content provided in the Internet as well as for loss resulting from its use.

7.0 Run Time, Cancellation

7.2 Agent Forum (Advertisements and Listings)

(7.2.1)
The contract is concluded for the period of the placement of the advertisement. The run time for every service in the Agent Forum offered subject to a charge is a maximum of three (3) months. After this, the advertisements will automatically be deleted.

(7.2.2)
The provisions of this section shall not affect the right to terminate the contract for good cause.

(7.2.3)
A good cause for the cancellation of this agreement is in particular present when the Advertising Space Buyer

(a) is more than 20 calendar days late with the payment of the charges,
(b) violates the conditions for the award of a contract or the guidelines for award of the contract.

(7.2.4)
Every cancellation must be in writing to be effect; telefax is also acceptable.

8.0 Data Security

(8.1)
CDH eService hereby draws attention in accordance with § 33 Federal Data Protection Act (Bundesdatenschutzgesetz, BDSG) to the fact that personal data are stored in connection with the processing of the contract.

(8.2)
CDH eService expressly notifies the Advertising Space Buyer that according to the current state of the technology, data protection for data transmissions in open networks, such as the Internet, cannot be entirely guaranteed. The Advertising Space Buyer knows that the provider can see at any time from a technical standpoint the website stored on the Web server and possibly also other data of the Advertising Space Buyer stored there. Other participants in the Internet are possibly technically in a position to interfere in an unauthorized manner in network security and to monitor the message traffic. The Advertising Space Buyer is entirely responsible for the security of the data transmitted by him into the Internet and of the data stored on Web servers.

(8.3)
Agent Forum (Advertisements and Listings): In the case of advertisements in the Agent Forum quoting a box number, the data assigned to the box number are stored by CDH eService. However, they are not transmitted.

(8.4)
Additionally, we hereby draw attention to the Data Protection Statement of handelsvertreter.de.

9.0 Statement Regarding Links to other Sites

The site of CDH eService may contain links to other independent third-party sites and graphics in the Internet ("Linked Sites"). For all these links as well as for all other notices on other or from other Internet sites, the following applies: The operators of www.handelsvertreter.de have no control over the content of the Linked Sites. Therefore, CDH eService expressly distances itself from all content of all these Linked Sites.

10.0 Final Provisions

(10.1)
German law is to be applied in all respects to this agreement.

(10.2)
Insofar as the Advertising Space Buyer is a merchant as defined by German law, a legal person governed by public law, a special fund governed by public law, or does not have legal venue in Germany, for all disputes arising out of or in connection with this contract, the jurisdiction or venue is agreed to be Munich, Germany.

(10.3)
If any of the provisions of these Terms and Conditions be void or unenforceable or lose their validity through a later occurring circumstance, the validity of the other provisions remains in effect. Such provisions shell be replaced with a valid provision that best embodies the intent of these Terms and Conditions.