Wave-Conn
general business and utility terms
1.General terms
1.1.Wave-Conn
is an internet service portal operated under
the domain wave-conn.com as well as
different sub domains an aliases of this
domain. The following rules apply to all
contract relations between the user of
Wave-Conn – hereinafter named “user” –
and Wave-Conn, independently on which
Wave-Conn-Web page the user logs
into. Opposed or deviating conditions of
users are only valid if declared as contract
fundamentals and/or certified in writing.
1.2.
Performances
according to 1.1 particularly are:
- Providing contacts to ship
suppliers, port agencies, excursion
agencies, job- and personnel agencies and
different specialized provisioners.
-
Support in all fields of the
hotel- and catering-operation including the
necessary logistics.
-
Support in nautical and
technical fields
-
Advertisement possibilities
1.3.
Performances
mentioned in 1.2. are done through
1.3.1 support via internet
1.3.2 support through a
worldwide net of connections and
1.3.3 support through direct
cooperation with Wave-Conn, through
advising on site and finding solutions in
joint cooperation.
2.Closure of contract
2.1. By registering as user
at Wave-Conn the general business rules are
accepted by the user
2.2. The Wave-Conn-web
pages offer two different types of use. A
free of charge information- and contact
forum to arrange contacts mentioned under
1.2. as well as services mentioned under
1.3.
2.3. Before laying claim to
the services of Wave-Conn the user
has to register himself and is obliged to
give all data requested in the registration
form true and complete and notify
Wave-Conn about changes immediately.
2.4. The matters (i.e.
recommendations, concepts, etc.) provided
pre-contractual to the user by Wave-Conn
are immaterial property of Wave-Conn
and must not be copied or made available to
third parties. If no further consultation
contract is accomplished they have to be
returned or deleted and may not be used.
Furthermore, these business rules apply to
the pre-contractual obligations, especially
the liability limits according point 9, as
well.
2.5. Should the user request
through Wave-Conn a direct
co-operation by consultation on site
and/or the joint cooperation of solutions,
Wave-Conn can accept offers from the
user within four weeks. Offers from
Wave-Conn are without prejudice if not
otherwise agreed in written. In case of
doubt Wave-Conn’s offer or order
certification are authoritative for the
contents of contract. Details will be
arranged with the user in an agreement
contract.
2.6.1 As soon as the user
takes the opportunity to download one of the
documents offered by Wave-Conn a
legal contract comes into existence as the
user requests for documents and contents
which are provided by Wave-Conn; be
it through a download-link, transmission via
email or – if desired and possible – via
fax. Delivery of requested archives and
contents is usually done immediately
after received order.
2.6.2 The user has to assure
that all necessary technical and actual
requirements for receipt of the archives
and contents are in existence. Also it is
matter of the user to provide the necessary
software required to open, process and print
the archives and contents.
2.6.3 It will not have any
influence upon the legal agreement should
the requirements mentioned in 2.6.2 not be
fulfilled.
2.6.4 Wave-Conn offers
support with technical problems of archives
Monday until Friday 10.00 hrs to 18.00 hrs.
For this, Wave-Conn provides the link
http://www.wave-conn.com/contact-form.htm.
A legal claim on support cannot be
derived from it. Approvals of whatever kind
which need a further commitment of
Wave-Conn as determined here, have to be
explicitly certified in writing by
Wave-Conn. Guarantees require an
explicit written confirmation by the
Wave-Conn management.
2.8 Services of third parties
are accessible through the Wave-Conn
portal. Should the user claim any services
of third parties a contract only between the
user and the third parties comes into
existence. Wave-Conn derives no
authorization and no obligation of it.
Something different applies if the services
rendered derive from this relation but are
carried out directly by Wave-Conn and
Wave-Conn explicitly indicates it
(i.e. Scan-Travel-Ticket).
3. Contract-obligation,
-termination and foreclosure
3.1. The user can terminate
his free of charge registration without
giving reasons at any time. The termination
can be done via email, fax or written. At
termination the user name and the
Wave-Conn registered email-address have
to be stated.
3.2. The registration against
payment automatically ends after one year if
not prolonged expressively. After
termination of the registration against
payment the user can avail of the free of
charge services of Wave-Conn if he
registers anew. Regulations in 3.2. of this
terms leave the right of the user of
termination of the contract because of
important reasons unaffected.
3.3. Wave-Conn can
cancel the contract adhering to legal
standards, if important reasons exist also
without considering the period of notice.
Important reasons are:
- failure to comply with
legal rules by the user
- offence against legal
duties, especially against number 6 of these
rules by the user.
- If the user advertises for
unions or associations under surveillance of
security- or juvenile protection
authorities.
In case of notice because of
important reason the user has no right of
redemption of already paid fees – except the
user cancels because of important reason
which lies within the field of
responsibility of Wave-Conn.
3.4. Requirements for
cancellation of services to render by
Wave-Conn are ruled by individual
contract
or
If the user cancels services
to render not according the under 1.3.3
listed good reasons or Wave-Conn
cancels services because good reason
appeared by the user as well as failure of
services not caused by Wave-Conn,
Wave-Conn maintains the right of title
of the full agreed disposal deducting the
actual employed expenses; Wave-Conn
can be charged only the amount occurred
utilizing further manpower for works having
been acquired or neglected of its
co-workers. For eventual compensation see
number 9.
4. Disclaimer Right
4.1. So far as the user wants
to benefit of the downloads offered on the
Wave-Conn web-page and the ordered data
and contents have been supplied via
download-link and/or email or fax, no
withdrawal of the contract can be made. A
disclaimer right does not exist in this
cases.
4.2 The data and contents are
also considered being put at disposal in
sense of 4.1. if circumstances occur that
Wave-Conn is not accountable for and are
hindering deliverance. The user especially
has to observe obligations mentioned in
2.6.2.
4.3 If Wave-Conn has
not delivered data and contents as mentioned
above, the user can disclaim his order
within two weeks. The disclaimer can be done
formless as follows: via email to
Hanspeter.Kovacs@Wave-Conn.com,
via fax to 0049 40 830195 29 or by mail to
Wave-Conn, Hanspeter Kovacs, Theekamp
10, 22869 Schenefeld, Germany.
4.3. For all “merchandise
offers” German exchange law without
statement of reason in a time period of 14
days of post-mark is applicable.
5. Performance
5.1. Performance by
Wave-Conn is done according 1.2 through
under 1.3 mentioned possibilities.
5.2. The user acknowledges
that a 100 % availability of Wave-Conn
web-pages is not possible for technical
reasons. Wave-Conn always tries to
put its web-pages at constant disposal.
Especially maintenance-, security and
capacity affairs which are not in the sphere
of Wave-Conn’s influence (i.e.
power-cuts, etc) can produce momentary
interruptions or limitations of Wave-Conn
services.
5.3. Details of the different
fees of services rendered by Wave-Conn
are shown and regulated on the Wave-Conn
web-pages in the fields registration and
downloads. The prices shown are binding.
5.4.1. Fees for the
registration as member, advertisement
connection and downloads are due
immediately. Payment is done through the
offered Click & Buy method (link) and its
conditions.
5.4.2 Wave-Conn is not
incorporated into the legal relation between
the user and Click & Buy. Independently
hereof complaints can be made to the
Wave-Conn-service
under +49 (0)040 83019529 or under the
service-link
http://www.wave-conn.com/contact-form.htm
. Wave-Conn will inform Click & Buy
about complaints and forward the user’s data
for clearance. Safety regulations can make
it necessary that the complaint service can
not be claimed until clearance.
5.4.3.
If a payment cannot be retracted because
there is no necessary cover on the account
of the user, the user is responsible to
cover all costs incurring, especially
banking fees of reimbursement of
debit-notes and similar fees.
5.5.
In compliance with 1.3.3 produced
performances and their payment modalities
depend on the concrete assignment setting.
The user decides the assignment setting.
The fulfilment of the assignment has to be
arranged on the basis of mutual consent. If
necessary Wave-Conn can provide a
concept in writing (professional precision
concept). Further details will be
established in the individual contract.
5.6. If authorized,
Wave-Conn publishes in the announcements
listed by the user, advertisements for
employment, presentations for companies and
advertisement banners.
5.6.1. Placement of
advertisement banners is done in the frame
of the contractual arrangement and
Wave-Conn’s estimation, considering the
interests of the user. Wave-Conn
reserves the right to decline or cancel the
placement at any time.
5.6.2 Publication starts at
the point of time accorded in writing. Is no
point of time agreed upon, publication will
start usually 3 to 7 days after payment of
the fee. The user is responsible for the
complete supply of perfect and suitable
means of advertisement.
5.6.3. It is Wave-Conn’s
liability to follow the users
instruction for changes in his announcement
within the accorded period of advertisement
and if the changes are not unreasonable in
their contents. All changes altering the
identity of the announcement are excluded.
Changes that can be made without major
effort through Wave-Conn are free of
charge. If this is not the case Wave-Conn
will inform the user of the costs and
undertake the changes only after receipt of
a confirmation in writing or by email.
Wave-Conn
is not obliged to save the advertisement
after expiration of the
advertisement-contract.
6. Participation of the user
6.1. The user has the
obligation to bring off only veritable
statements to Wave-Conn and other
users.
6.2. Upon use of
Wave-Conn’s services and contents, all
rights, also of third parties have to be
observed.
6.3. The user is particularly
not allowed,
-
to use descriptions
containing insults or defamations,
independently if they concern Wave-Conn,
its users or other persons or companies
-
advertise, offer or
distribute contents with pornographic
material or offending juvenile court laws
-
inconvenience other users
through intolerable actions (i.e. SPAM)
-
use of contents protected by
law (i.e. copyrights, trade-marks, Patent
Act, registered savour- or custom-brands)
-
set actions against
competition, like progressive
customer-advertisement
-
set actions having a bad
influence on the functionality and
infrastructure of Wave-Conn.
7. Rights
7.1. Wave-Conn obtains
all copyrights and/or other rights of all
announcements made available and published.
Through payment of fees by
the user, among other things for the making
a HTML-layout possible by Wave-Conn
and if not otherwise agreed upon in written,
no transfer of copyrights or other is made
to the user. As far as the published
announcement by Wave-Conn is being
used by the user himself or an agency on his
behalf – including the HTML-text -, the user
gives Wave-Conn all rights to use the
advertisement in all ways relating to the
publication of the announcement.
Wave-Conn is particularly entitled to
fend off illegal interferences of copyright
through third parties and put claims for
damages in force. An obligation hereto does
not exist.
7.2. If not agreed upon in
writing, the user has the right of usufruct
with the aim to deal with his internal
business cases. Making of copies,
transcripts or reproductions of entrusted
documents is only admissible for personal
use, if not agreed upon otherwise in a
separate contract.
8.1. All copy-, usufruct and
other rights of the data and contents of
downloads stay with Wave-Conn. The
user is only permitted personal use of the
data and contents and has no right to make
it available in the internet or otherwise to
third parties, be it against payment or free
of charge, if data or contents do not aim
so. Commercial reproduction and sale of the
data and contents is prohibited.
8.2. Branding and copyright
of Wave-Conn must not be removed from
the data and contents, whereby rights and
duties of 8.1. are not affected.
8. Responsibility for
contents, data and/or information of the
user
8.1. Wave-Conn does
not assume responsibility of data and/or
information and their contents, as well as
contents of linked external web-sites
supplied by user.
Particularly no guarantee is
given for the factual evidences of the
contents of these sites, their aims and if
they are appropriate.
8.2. The user carries all
responsibility concerning the content made
available for publication, its accuracy and
legal allowance. Wave-Conn has no
obligation to screen advertisements for
impairment of rights of third parties. The
user has the obligation to exempt
Wave-Conn from claims of third parties
which could arouse against Wave-Conn
from the execution of the advertisement
order. Active and direct linking to external
career-sites, ads for employment and
solitudes is only permitted after separate
contractual agreement.
9. Liability and exemption
clause
9.1. Wave-Conn is
liable in cases of premeditation,
negligence at inadequacy or other
circumstances having been concealed
maliciously or in cases of having certified
their absence or having certified a
guarantee of quality or other guarantee
according to legal regulations; this also
applies to eventual liability of fulfilment
assistants and/or legal representatives.
Furthermore Wave-Conn
can only be held liable if life, body or
health are endangered or breach of essential
contract responsibilities. Compensation for
the breach of essential contract
responsibilities is limited to the
foreseeable damage of contract.
9.3. Liability referring the
guarantee of product remains intact.
9.4. Further claims,
especially a liability for independent
causes, are exempt.
9.5. Wave-Conn
reserves the right of an exonerate proof
also in the case of negligent conduct of its
assistants of performance and/or legal
representatives. Wave-Conn is not
liable for damages caused by third parties.
Objection of contributory negligence
remains intact.
9.6. Wave-Conn is
furthermore not liable for damages which can
be prevented by the user through
precautions, i.e. sufficient securing of
data.
9.7.1 The user exempts
Wave-Conn from all claims, including
indemnity claims that other users or third
parties may bring forward against
Wave-Conn because an infringement of
rights caused by contents on the Wave-Conn-web-sites
supplied by the user. The user also exempts
Wave-Conn from all claims, including
indemnity claims that other users and third
parties present against him on using the
Wave-Conn-website contrary to duty. The
user undertakes to carry all costs arising
from above mentioned scenarios including all
legal costs involved.
9.7.2. In case of
infringement of rights by the user
Wave-Conn reserves the right to obtain
the necessary rights for utilization or
arrange for patent free utilization of the
contents. The user has to stop an
infringement of rights of other users or
third parties caused by him immediately
after Wave-Conn’s demand to do so.
9.8. Wave-Conn attends
all offered downloads, supplied data and
data made available with greatest diligence.
However, Wave-Conn can give no
guaranteeing that contents and data are
suitable for the concrete needs of the user.
The user chooses data and contents on his
own authority, responsibility for the wrong
choice of the user is excluded.
9.8.1. Data and contents of
downloads only serve as basis and in no case
replace seeking legal advice. If the
user does not seek legal advice before using
data or downloads and a claim arises from
it, Wave-Conn is exempted of all
claims.
10. Terms of Limitation
10.1. All titles of the user
– be it of whatever claim - fall under the
statute of limitation after 12 months. This
does not apply to cases of § 438 Abs.1 Nr.1
BGB.
10.2. Term of limitation
according to Abs.1 of this paragraph starts
with the point of time determined in § 199
Abs. 1 BGB. It becomes effective at the
latest with expiry of 5 years of beginning
of a claim.
10.3. In cases of points 9.1.
through 9.3. legal terms of termination are
valid for all claims.
11. Safeguard of data and
information
11.1. The contract-partners
are obliged to safeguard all knowledge and
confidential information as well as trade
secrets of both parties acquired in the
frame of the their agreed contracts and
their contents regarding all orders
implemented without limitation. Trade
secrets of Wave-Conn are as well all
contractual labour results and fulfilled
services.
11.2. The user is only
allowed to forward matters of contract to
his co-workers or other third persons if it
is necessary in the frame of his
authorization of utility. Furthermore he
safeguards all matters of contract. He will
inform all persons he grants access to
matters of contract of the rights of
Wave-Conn on matters of contract and
their duty of safeguard and oblige them in
writing to do so.
11.3. The user assures to
have created all pre-conditions for
Wave-Conn to adduce the agreed services
without infringement of legal rules.
11.4.1. Safeguarding and
processing of users data through
Wave-Conn is done strictly obeying the
data processing rules. User data will only
be kept in order to fulfil the contract - if
the user has not explicitly given his
accordance for a further use of it.
11.4.2. The user can at any
time demand information on what data
Wave-Conn has kept about him and how
this data is being used. Henceforth, the
user can at any time withdraw his given
authorization for his data. Information
demand and withdraw of authorization can be
done formless under:
http://www.wave-conn.com/contact-form.htm,
via fax 0049-40 830 195 29 or postal to
Wave-Conn, Hanspeter Kovacs, Theekamp
10, 22869 Schenefeld, Germany.
Wave-Conn
will handle this personal
data according the rules of BDSG and other
relevant safeguard rules.
11.5. Wave-Conn is
entitled to enter the user in its client
reference list after previous written
consent.
§ 12 Final conditions
1. Wave-Conn can
transfer rights or obligations arising from
contracts in entirety or partial to third
parties without written consent by the user.
2. Exclusive jurisdictional
court for all claims from and because these
rules or single made contracts as well as
all disputes arising of the realization,
settlement or closure of contracts is
Hamburg - as far as permitted legally.
3. For the contractual
relations of the parties of a contract only
German right applies – under explicit
exclusion of the UN-Purchase right or other
international accordance.
4. Legal successors of the
user are bound to the obligations of
contract as well.
5. All enclosures of these
AGB, especially individual contracts are
part of the contract.
6. Closure of contract, like
all other changes of contract and/or
completions have to be done in writing to be
effective. This also applies to renunciation
of the requirement of written confirmation.
Verbal accordance is not touched.
This is a free translation.
In case of legal disputes only the original
German version will have legal force.
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