General Terms and Conditions1. ServicesThe subject of these terms and conditions shall be the utilisation of the "Online Dental Dictionary" (database) of Richard Giles, (supplier), together with its current scope and contents. During maintenance and updating no warranty shall be given for access to the database. On Sundays and statutory public holidays in Germany, no warranty shall be given for access to the database if technical faults occur at the supplier. 2. Utilisation conditionsThe database shall be utilised personally by the registered user only. In the case of companies, legal persons under public law or special assets of the Federal Government, one person shall be appointed as a registered user. Utilisation of the database by several persons or utilisation in a network shall be agreed separately in writing. 3. Prices and terms of paymentA fee of 20.00 Euro per month shall be paid for the utilisation of the database. The utilisation period shall always be agreed in full months. 3 months shall be agreed as a minimum period for using the database for the first time. If the utilisation period is not terminated in writing 30 days prior to expiry, the contract shall continue for the same period and at the terms prevailing at the date of renewal. The utilisation fee shall be paid in advance for the entire utilisation period. Access shall not be granted until the full amount has been transferred to the supplier's account. The utilisation period shall also start on this date. An e-mail shall be sent to the user regarding granting of access. Access to the database shall be cut off at 24.00 CET or CEST on the date when the utilisation period expires. 4. Rights and obligations of the userThe user shall have unrestricted access to the database during the utilisation period. Access to the database shall be granted at the user's instigation and expense. The user shall bear all the costs thereof, especially telecommunications charges. The customer shall create his/her own log in and a password containing at least 6 characters at the time of registration. The customer shall be responsible for keeping this log in and password secret. If infringement of the obligation to maintain secrecy enables third parties to use the database, the user shall still be liable to pay the fee and shall be obliged to pay compensation for the damage which occurred. 5. Breaches of contractIf the user breaches one of the provisions of the contract, the supplier shall be entitled to cut off access to the database. Compensation claims shall not be affected by this. 6. CopyrightThe supplier shall retain all copyrights. The user shall only utilise and store the results of his/her research for his/her own purposes. Any use over and beyond this provision shall require prior written agreement, especially the production of several copies, the creation of systematic collections, commercial use or copying on more than one data medium. 7. Warranty and liabilityThe user shall report any obvious faults within 10 days after provision of the services. Otherwise, these faults shall be excluded. Compensation claims which are not based on an intentional or grossly negligent breach of the contract by the supplier or his employees shall be excluded. Liability for subsequent damage caused by faults shall be excluded, wherever legally permissible. 8. Court of jurisdiction, place of performance and choice of lawThe court of jurisdiction shall be Bad Homburg if the user is a merchant, a legal person under public law or a special asset of the Federal Government. The place of performance for the services arising from this contract shall be Bad Homburg. Unless Article 29 of the "Einführungsgesetz zum Bürgerlichen Gesetzbuch" (Introductory Act to the German Civil Code - EGBGB) makes provision for an exception, German law shall be agreed as valid. 9. Saving clauseIf one of the provisions of this contract is invalid or can be contested, the other provisions shall not be affected. |
