Niedersachsen Aviation.NET - your aerospace business network

General Terms & Conditions for the use of Niedersachsen-Aviation.NET

Preface

SAG Süderelbe Projektgesellschaft AG & Co. KG operates in the frame of the state initiative “Niedersachsen Aviation” the web-based portal Niedersachsen-Aviation.NET (hereinafter also “portal”) for marketing, cooperation, products and services and related purposes in the field of aerospace, aeronautics and aviation.

This service is offered to business clients and their staff for business and cooperation purposes only. Users are generally aviation and aerospace companies. They enter the relevant information data directly into the portal and obtain the possibility to conduct target searches for specific products, capabilities and services, in order to compare those services, products and capabilities and to receive contact data to contact the providers of such information. Users are able to provide such data within a searchable database and to make it available for the public.


§ 1 Coverage

These General Terms and Conditions govern the contract between the users and the Internet platform Niedersachsen-Aviation.NET. This contract applies exclusively to companies pursuant to §14 BGB (German Civil Code). Consumers according to §13 BGB are not authorized to register themselves for the platform.


§ 2 Services

(1)  The user of Niedersachsen-Aviation.NET has access to an information and communications platform in the field of aerospace, aeronautics and aviation. Users are able to create a detailed company profile on the platform to describe their specific services, skills, product-related information and to specify cooperation interest.

(2)  The use of services of Niedersachsen-Aviation.NET may be subject to a charge set by an actual price list, which will be communicated at the platform.

(3)  The aim of Niedersachsen-Aviation.NET is to market competences and capabilities of the members and to make connections with business contacts. For this purpose Niedersachsen-Aviation.NET provides technical applications and search support that make it possible to find company profiles and to establish contacts with other users. Niedersachsen-Aviation.NET remains uninvolved in the communication between users and does not moderate the closing of contracts and legal transactions between the users.

(4)  The access to Niedersachsen-Aviation.NET is limited to the registered companies and their staff members only. Divulging any information of the platform or passing on Niedersachsen-Aviation.NET to third parties is generally not allowed and requires a prior separate agreement.

(5)  The user is aware that 100% accessibility of the platform cannot be guaranteed. Maintenance and service work as well as circumstances that are outside of the control of Niedersachsen-Aviation.NET (like i.e. disturbances on the telecommunications network or electrical power outages) could lead to temporary inaccessibility of the platform.

(6)  There is no entitlement to service availability of Niedersachsen-Aviation.NET.


§ 3 Right of Use, Intellectual Property Rights

(1)  All information and content provided by the user in his/her company profile and his/her personal profile are visible and retrievable to all other registered users on the platform and can be researched using special search tools.

(2)  By concluding this contract with Niedersachsen-Aviation.NET, the user grants Niedersachsen-Aviation.NET the right to all types of use for this content that are related to the publication of the information on Niedersachsen-Aviation.NET for the duration of the contract.


§ 4 User Obligations

(1)  The user is responsible for the maintenance and updates to his/her company and personal profile and for all of its information and content. The user undertakes to provide only truthful information about his or her company and the company’s services.

(2)  The User shall observe all applicable laws and all rights of third parties. When adding their own or other content to Niedersachsen-Aviation.NET, the user must ensure that it does not violate currently applicable law or the rights of third parties, or in any other way compromise the reputation of Niedersachsen-Aviation.NET. The user is also specifically prohibited from engaging in the following:

     a.  Unreasonably harassing others (particularly with spam or any other unsolicited mail) (see § 7 of the “German Unfair
     Competition Act”, i.e. the “UWG”),

     b.  Using or promoting any commercial practices considered unfair competition, including progressive customer acquisition
     practices (such as chain distribution systems, multi-level selling or pyramid sales) or

     c.  Carrying out, advertising or promoting structural distribution measures (such as multi-level marketing or multi-level network
     marketing), even if these actions do not specifically constitute a breach of any applicable laws.

(3)  The content of the user and its personal profiles must be related to the company registered. The following content is prohibited:

     a.  Exaggerated use of capitalization or punctuation

     b.  Inadequate content

     c.  URLs that lead to external websites that are not related to the company

(4)  Niedersachsen-Aviation.NET may impose the following sanctions in the event that obligations from this contract, legal regulations or third party rights are violated:

     a.  Deletion of content that the User has published in its Company or Personal Profile,

     b.  Deactivation, temporarily or permanently, of the company or personal profile,

     c.  Termination of the contract.

(5)  Niedersachsen-Aviation.NET reserves the right to impose the sanctions listed under Subsec. 4 of this Section, in particular in the event that the means of payment provided by the user are invalid, or the user does not fulfill a payment obligation on time and/or sufficiently, although a payment reminder was sent one week prior.

(6)  Complaints from other platform users can lead to the temporary deactivation of the user profile.

(7)  The user is solely responsible for ensuring that the hyperlinks it includes do not lead to third party content that violates currently applicable law.


§ 5 Data Protection

(1)  The user is aware that any information or content that he/she provides in his/her company and personal profile is visible to and retrievable by all other registered users. Data provided by the user is partly visible to and retrievable by the public as well.

(2)  Furthermore Niedersachsen-Aviation.NET collects and processes personal data only as far as it is necessary for the fulfilment of the contract, for the operation of services and for invoicing purposes. Niedersachsen-Aviation.NET is in compliance with the relevant data protection laws.


§ 6 Registration, Payment Terms

(1)  Registration is required before the platform can be used as a member. During the registration process the user receives a self-defined username and password. The user shall keep the password confidential and prevent third parties from gaining unauthorized access to it.

(2)  The prices for use are taken from the Niedersachsen-Aviation.NET current price lists. All prices indicated are annual net prices and are understood to be in addition to the respective legal sales tax (VAT) in effect.

(3)  The fees are due to be paid according the regulations made in the current price list.

(4)  The invoice will be forwarded in written form, or, if requested, forwarded in written form per mail.

(5)  If the fees cannot be successfully collected then the user carries the resulting costs, in particular bank fees, returned direct debit fees or similar.

(6)  The user is authorized to offset costs with counter claims or to assert retention rights only if the counter claims are asserted indisputably and legally binding, or if they are accepted by Niedersachsen-Aviation.NET.


§ 7 Liability

(1)  Niedersachsen-Aviation.NET shall have unlimited liability only (a) in case of intent and gross negligence, (b) in case of culpable breaches of duties resulting in injury to life, the body or health.

(2)  Niedersachsen-Aviation.NET shall be liable for slight negligence only if a duty is infringed, which is of essential importance for the purpose of the contract (“cardinal duty”). In case of slightly negligent infringement of a cardinal duty, liability shall be limited to the amount of the foreseeable typical damage of the contract. Unless otherwise agreed, twice times the price payable under this contract shall be deemed foreseeable damage typical of the contract.

(3)  Apart from in cases of intent and gross negligence, liability for lost profit and other purely pecuniary losses is excluded. No claims for damages against Niedersachsen-Aviation.NET shall exist if a simple vicarious agent infringes non-essential contractual duties by gross negligence. Liability for data loss shall be limited to the typical recovery expenses which would have been incurred had backup copies been made regularly and commensurate with the risk.

(4)  Niedersachsen-Aviation.NET is not liable for damages due to disruptions outside of their sphere of influence (i.e. acts of God, industrial action, electrical power outage, failure of public communication network lines).

(5)  The user is liable for the content of his/her company / personal profile. If Niedersachsen-Aviation.NET is hold liable for this, the said user has the obligation to reimburse and hold Niedersachsen-Aviation.NET free and harmless for all damages and costs occurred through this.


§ 8 Amendments

(1)  These General Terms and Conditions as well as the price list can be changed by the Niedersachsen-Aviation.NET at any time.

(2)  The user will be informed of any changes in written form (e-mail) at least one month before they come into effect.

(3)  In the event of changes, the user has the right to terminate the contract without notice at the time the changes come into effect.

(4)  The General Terms and Conditions apply as stipulated in the modified version if the user does not terminate the contract or continues to use the platform incontestably after the changes have come into effect.


§ 9 Duration of Contract, Termination

(1)  The contract is entered into for an indefinite period of time and can be terminated by either side one month in advance from the end of the calendar month.

(2)  Termination of the contract for cause remains unaffected.

(3)  Termination of the contract must be made in written form.

(4)  Payment of fees made in advance and unused user fees will be refunded proportionately by full months. That is to say that for every remaining month in which the platform is no longer used following a legally effective termination, 1/12 of the pre-paid annual fee respectively will be refunded.


§ 10 Place of Fulfillment

Place of fulfillment for all services and obligations from the contractual relationship with the user is Hamburg, Germany.


§ 11 Severability Clause, Modifications

(1)  Should single clauses in these General Terms and Condition be or become ineffective, then the remaining clauses remain unaffected.

(2)  Unless otherwise stated or agreed upon, changes or modifications to these conditions must be made in writing.


§ 12 Applicable Law, Jurisdiction

This contract shall be governed by the laws of the Federal Republic of Germany with the exception of the CISG (United Nations Convention on Contracts for the International Sale of Goods) of 11 April 1980. The courts of Hamburg shall have exclusive jurisdiction over all disputes arising out of and in connection with this contract.


Contact

Business office of Niedersachsen Aviation
Breite Straße 7
30159 Hannover (Germany)
Phone: +49 (511) 357 792 70

North Location
Veritaskai 4
21079 Hamburg (Germany)
Phone: +49 (40) 355 103 - 424

info(at)niedersachsen-aviation.de
www.niedersachsen-aviation.de