Conditions of Use
Please read the through the entire terms of contract before placing your order as the INFO-MARKT Ltd. terms and conditions are binding and accepted upon sending the order!
General Terms
1. The customer’s terms and conditions, no matter which content or categorisation and notwithstanding that INFO-MARKT Ltd. has not expressly contradicted these terms, can only be applied in those cases where they do not deviate from the terms and conditions of INFO-MARKT Ltd. Amendments and additions require written confirmation.
2. The INFO-MARKT Ltd. services are subject to change. Technical information and prices as well as the descriptions of the item of delivery in offers, leaflets and other information are without obligation. Orders, contracts, contract changes and amendments and any other agreements and statements including the confirmation of characteristics shall only be binding for INFO-MARKT Ltd. when confirmed in written form. This can occur upon invoicing.
3. Amendments and changes to these terms and conditions require written confirmation. Oral agreements are invalid.
4. Should any individual term or condition in this agreement become invalid, this shall not affect the remaining provisions of this agreement.
5. Place of fulfilment is Düsseldorf. Dusseldorf shall also be the place of fulfilment for any current or future claims arising from this business contract between fully qualified merchants, including claims put forward through enforcement proceedings. The same place of fulfilment is valid when the customer has no national place of fulfilment, or moves abode after the signing of the aforementioned business contract or whereabouts are unknown upon filing of court action.
Prices/Payment Conditions
1. The bases for all prices are the price lists current and valid upon placing the order. INFO-MARKT Ltd. can change prices for standing orders and subscriptions upon prior six-week announcement to the end of the contractual period. The price change is deemed accepted by the customer when INFO-MARKT Ltd. receives no answer within the a.m. six-week period.
2. All prices stated in the current and price lists are valid plus the VAT and any packaging. freight and export charges.
3. Invoicing takes place according to the customer’s order and allocated payment period. All INFO-MARKT Ltd. invoices are payable within an 8 day period with a 2% cash discount or within 14 days in full. INFO-MARKT Ltd. customers who participate in the direct debit payment scheme (5% discount on the invoice sum) lose the discount upon filing of an objection without reason. Resulting bank charges are borne by the customers.
4. In those cases of default of payment and after an adequate cure period, INFO-MARKT Ltd. is entitled to withdraw from the contract or claim damages for the non-compliance of contract. Upon arrears, interest to the amount of 8% will be charged for discounting inasmuch as INFO-MARKT Ltd. must not pay a higher amount for a credit taken from a financial institution.
Delivery Terms for European Market Report
1. INFO-MARKT Ltd. contractual products are delivered via subscription aorder. Basis for delivery is a written or oral order, which must be confirmed by INFO-MARKT Ltd. in a separate written confirmation or via invoicing.
2. A subscription begins with the date of order confirmation from INFO-MARKT Ltd. and has a general minimum duration period of one year. The delivery is prolonged automatically for one further year unless one of the contractual partners gives notice of termination at the latest six weeks before the end of the current delivery period. The notice of termination must be sent via registered mail. Notice of termination will be valid only upon timely receipt by the other contractual party.
3. INFO-MARKT Ltd. publications have a publication period that cannot be precisely defined due to necessary short-term research and its progress. Generally, however, the publication dates are mid-month and end of the month. INFO-MARKT Ltd. makes every effort to deliver the issues as quickly as possible. The given delivery dates are carefully reviewed and every attempt is made to adhere to the given dates.
4. In the event that delivery does not occur within four weeks of a confirmed delivery date through inability and upon the expiration of a period of grace, the customer has the right to withdraw from the contract upon giving written notice. Entitlement for damages in excess cannot be accepted.
Refusal/Cancellation of Standing Order/Subscription for the EUROPEAN MARKET REPORT and INFOMARKT Database Products
1. INFO-MARKT Ltd. is entitled to claim for damages in the event of refusal or cancellation of subscription and standing order. The sum for cancellation claim is given in the respective price lists. In the event that no cancellation charge is noted in the price lists, a value of 25% of the purchase price, excluding VAT is the medial charge.The amount of damage charges can be higher or lower, according to whether INFO-MARKT Ltd. can prove a higher or lower damage. Assertion of further damages remains unaffected.
2. Reservation of Proprietary Rights
All purchased products remain the property of INFO-MARKT Ltd. until full payment of the relevant invoice is made. In the event of overdue outstanding debts for prior business dealings, INFO-MARKT Ltd. has the right to discontinue delivery of any further products until clarification.
Object of Agreement: Use of the INFOMARKT Databases
1. The Databases are updated once per month.
2. Intellectual Property Rights/Rights of Use
INFOMARKT databases, the information published within the databases and the database programme are protected by copyright. The contractual parties herewith agree to adhere to copyright regulations for the use of the INFOMARKT databases. The full intellectual property rights and copyrights of the INFOMARKT databases remain, in relation to the contractual parties, the sole property of the publishers.
3. Scope and Rights of Use
Object of this agreement is exclusively the use of the databases and data published within the INFOMARKT databases. All other types of use and possible uses such as translation, the transfer of data into other databases, further processing and adaptation of the data without prior permission, are herewith prohibited and deemed a violation of the intellectual property rights. The creation of back-up copies is not allowed. INFOMARKT databases may not be used by third parties against payment or free of charge, such as in the case of loan or rent.
4. Password Allocation
Upon ordering the INFOMARKT databases, customers will receive an identification and password from the publishers. Access rights are not given to the company as a whole but to a company representative i.e. a dedicated user. Upon registration with a personal password, the user is granted a monthly access unlimited access (standing order) or a limited access time budget (single order.) Any concurrent access attempts with one and the same password will result in automatic access denial and blocking.Upon activation of the password, the user is also allocated a limited monthly access time period, which can be worked through until the time limit is reached. Sharing the personal password within the company through third parties will result in a reduction of the allocated time budget. In addition, the attempted access of more than one party at a time will result in access denial. The transfer of the identification number and password to third party companies and staff is strictly forbidden and will result in legal action. The publisher has the right to immediately terminate the standing order/subscription and press for damages upon gross breach of the aforementioned rules and responsibilities.
5. Activation and Conditions of Use
INFOMARKT databases belonging to INFO-MARKT Ltd. and are accessed upon the order for individual access or based on subscription/standing orders. The basis for the activation of the INFOMARKT databases is a written or oral order which has been confirmed by a separate written confirmation or an invoice. A subscription/standing order starts on the date given with the order confirmation from INFO-MARKT Ltd. and is automatically prolonged by the given contractual period when neither party gives notice of termination, at the latest, to the six-week period of notice to the end of the current contractual period. Notice of termination must be in written form such as registered mail, per fax with the name and date stamp or per email. Notice of termination will be valid only upon timely receipt by the other contractual party.
6. Legal Rights and Reservation
The publishers reserve the rights to the database information and all accessible database versions until the full purchase price for the use of the a.m. databases is remitted.
7. Warranty and Liability
By way of precaution, the publishers point out that the current technical standards do not allow the database software to be created in such a way that they function in all applications and combinations without fault. The customer is obliged to communicate any defects upon accessing the databases within two weeks of recognition of such defects.
8. Data Retrieval and Information
Die INFO-MARKT Ltd. makes every effort to update the information on its website as frequently as possible. However, despite all efforts, market data may have changed. Liability or a guarantee for the accuracy, topicality and completeness of the information given cannot be ensured. The same applies to the information on other websites, which are referred to via hyperlinks. INFO-MARKT Ltd. accepts no responsibility for the contents of these websites.
9. Tariffs
Upon the ordering of a product, INFO-MARKT Ltd. offers its customers various tariffs for the use of the product database with differing services and conditions. A customer from within a company, organisation or affiliated group cannot order the same database at a different tariff than the initial tariff i.e. the customer can only order a database at a the currently valid company tariff.
10. Third Party Orders
INFOMARKT databases can only be ordered directly from the publisher. Therefore, the purchase and allocation of a password and login cannot be handled via an agent, bookseller or intermediate. Delivery via third party (i.e. the book trade) is not possible. This acquisition source is reserved for printed publications only.
United Kingdom, 1st August 2010
