These General Business Terms and
Conditions shall apply for all services rendered
by Researcher24 GmbH in the services of Tmsearcher24,
IPRGuard and Researcher24 (hereafter, "Rs24").
Deviations from this may become a contractual component
only through express written agreement.
All services utilized by the Customer shall be calculated upon the basis of the
current price list of Rs24 and in accordance with the current performance specifications
that are available on the Internet. All prices are understood to include the
statutory VAT.
The Rs24 promotion codes (vouchers) have a time-related and/or product-related
validity that is stated upon delivery of the voucher. There are no cash payments
made for a voucher. A voucher can be used exclusively with a completed order
made to Researcher24.
The ordering shall be made electronically through the Internet web site of Researcher24,
by fax or e-mail. At the same time, any transmission errors shall be the responsibility
of the Principal. Rs24 shall reserve the right to reject orders.
The contractual partner is that legal entity which awards the contract. Awarding
the contract in the name of third parties is permissible only with express power
of representation. The obligation of the direct Principal to pay the invoiced
amount shall remain unaffected by the invoicing in the name of third parties.
For its services, Rs24 shall avail itself of databases that are considered to
be reliable. For data supplied by third parties, no guarantee shall be assumed
regarding completeness, updating and accuracy. Rs24 shall likewise make no assurances
or guarantees that the use of its products and services will be able to achieve
certain results.
Processing times for the services offered are based upon the respective product
specifications and are similar to stated approximate values. In the event of
instances of force majeure or operational disruptions for which Rs24 is not directly
responsible, the processing time shall be extended. For consequences that are
derived from such delayed processing time, Rs24 shall assume no liability.
With respect to the similarity product level (similarity search), the Principal
shall be obliged to examine whether the search terms used were selected properly
and comprehensively. In the event that Principals, upon the basis of the data
for the search that has been carried out, are of the opinion that the search
is to be extended, Rs24 shall affect this for the Principal with no additional
costs and transmit the additional search results by e-mail or telephone. In the
event that the Principal fails to carry out the impending examination and make
immediate notification, the Principal shall indemnify Rs24 in this respect from
any further performance and any possible liability derived from the non-extension
of the search.
For the IPRGsc products that Rs24 provides, sources such as particularly the
Internet are resorted to which have no permanent state and are subject to constant
change. In this respect, no guarantee can be made regarding the completeness,
updating and correctness in the IPRGsc statements. Likewise, IPRGsc shall make
no assurances or guarantees that, through the use of its products and services,
certain results can be achieved.
Furthermore, damage compensation claims due to the impossibility of the performance,
breach of an obligation, negligence in the conclusion of the agreement and tortious
acts, both against Rs24 as well as with respect to their vicarious agents shall
be excluded, provided that no intentional wrongdoing or gross negligence has
taken place.
For all other non-excluded claims from this agreement, the service provider shall
be liable only for intentional wrongdoing or gross negligence up to a maximum
amount of five times the fee to be paid for the order. Provided that contract
work law does not specify a shorter statute of limitations, damage compensation
claims of the Principal shall become statute-barred six months after the completion
of the order.
Rs24 shall not be liable for information transmitted by third parties and certainly
neither for its completeness, correctness or updating nor that it is not subject
to third-party claims or that the transmitter of the information has handled
illegally by transmitting the information.
For failures in the distribution network of the Internet as well as server and
software problems of third parties, Rs24 shall not be responsible and not liable.
The performances of Rs24 shall be rendered in such a manner as they are available
currently, without any express or implicit assurances being given, particularly
regarding the existence of copyrights or other rights, the usefulness or suitability
for a certain purpose.
The provision and transmission of search results shall take place at the risk
of the Principal.
The supplied search results shall remain the property of researcher24 GmbH until
the payment in full by the Principal. All copyrights shall be reserved. All services
are intended only for the Customer's own use or, in the event of information
transmission, for its Principal's own use. Any copyright, dissemination and reprinting
for any other commercial use is prohibited.
In accordance with § 33 of the German Data Protection Act, Rs24 points out
that it saves, uses and processes personal data in the execution of the agreement.
If Rs24 commissions third parties for the rendering of the services offered,
Rs24 shall be entitled to disclose the customer data if this is required for
the operational security. The Principal hereby declares that it is in agreement.
German law shall apply.
Kiel, Germany, has been agreed upon as the legal venue.
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