Terms of Use
1. Description of Service
Subject of these conditions is the use of the abenetis-Text-, Data- and
Services-Collection. The conditions are not valid for interim- or consulting projects.
abenetis (in the following called "provider") is entitled to change or to alter the
provided serivces or the content, as long as the aim of the contract for the
user is not or insignificantly reduced.
The user is responsible for the connection to the server of the database and has to take
the occuring costs for it. The provider keeps the right of alteration of the
access, due to technical changes.
The access to the data-collection will be made generally possible to the user. The
access could be reduced or not possible, due to maintenance at the server, the
database or due to heavy internet traffic or other causes. The provider does
not takes any warranty for the permanent availability of the services.
2. Fees, Payment Conditions, Refunding Policy
The Subsription fee for the user are shown at the registration form and at the subscription
informations provided for download. All other items which are sold, contain all information
including the price at the place where they are published. If not other stated prices exclude
the German VAT of 19%. If VAT is applicable it will be added to the subscription amount.
abenetis provides a questionaire when users subscribe to the service. The questionaire
must be answered correctly to evaluate if VAT has to be applied or not. German businesses
and users must pay the German VAT. European companies did not have to pay German VAT, if
they provide a valid VAT-ID-Number, otherwise VAT must be applied to the subscription fee, too.
In case of alteration of prices, the user will be informed by the provider. The
notification will be as soon as possible, to give the user the option to
terminate his subscription within a appropriate time.
The subscription fee is due after completion of the registration, even without
providing an invoice. The fee is due in advance. The invoice will
be send to the user by email. The user has to make the subscription fee available to
the provider within a period of 5 days after completion of registration. If the provider
does not have received a payment within this period, he is allowed to block the access to the subscription area.
This also applies to recurring payments for subscriptions.
Payments have to be made through one of the payment processors abenetis is using
to settle payments. abenetis does not request or stores any credit card information
of any user.
Refunding Policy
Refund of subscription fees are made at the discretion of the management. Subscriptions automatically
terminate at the end of the entered subscription period. abenetis will
inform the subscriber about the end of subscription. Subscriptions could be renewed.
In case of cancellation of Subscriptions prior to automatic Subscription Termination, only the fees of the remaining subscription periods (on a monthly basis) is subject of refund.
Subscription Fees for month which already started are not refundable.
If you have questions about our Refunding Policy, please contact our
Customer-Service.
3. Rights and Duties of Users
The user has the right to search within the content.
Each customer provides an individual password, which the user is responsible for to
keep it secret.
Will the use of the password be possible for third parties, due to violation of
the secrecy, the user owes the subscription-fee and has to carry the claims
from the violation of duties. If third parties get notice of the access data of
the user, or if they get lost, the user informs the provider immediately, to
receive new access data.
4. Copyright, Terms of Use
The provider keeps all author and other patent rights at all to abenetis belonging
web pages inclusive contents, layout, source text and software, as far as these
do not originate from other sources, which are accordingly designated. All
authors -, use and other patent rights at the content remain with abenetis.
The provider transfers the individual user the right to use contents for its
personal use in the private as within the vocational range. It is not entitled
to make the content available in the Internet, in Intranets and in Extranets to
utilization. The rights of third are to be protected thereby. Source data or
legends may not be changed or deleted. On the used information the reference to
abenetis or the provider is to be left or attached.
Any commercial use or duplication and passing on to third party - even in parts -
requires the previous express, written permission of the provider.
If a user participates actively with own contents or by own expressions in a forum
or over free forms for input with abenetis, then the user grants the right to
the provider for the publication, passing on, duplication, change and other use
of contents. The aforementioned use actions are remuneration-free for the
provider. The provider reserves itself thereby the unrestricted right to
examine contents to change, to reject or possibly not publish.
Each user can order and cancel the free "Newsletter". The warranty
conditions specified down apply. The data of the mandatory fields queried in
the form for announcing are used exclusively for the purpose of the
personnelized Newsletter dispatch. The voluntary data serve for anonymizated
internal purposes of analysis for the improvement of services. All data are
treated according to the data protection act confidential and with the largest
care.
5. Violation of contract
Violates the user regulations of the contract, the provider is allowed to close
the access of the user to the services. Compensation claims by the provider stay untouched.
6. Termination
Each user could terminate the service at any time. The customer has the possibility
to terminate his membership by sending an email to
customer-service.
The subscription will end automatically ater 12 month from the date of entering the
subscription.
If the subscription are on an anual basis, the subscription year starts with the date
of entering the subscription. A subscription year has 12 month, if a subscription was
entered based on anual payments. The subscription-year starts with the day, when
the subscription has been entered.
In the case of a termination of subscriptions by the user, prepaid subscription-fees
will be refunded as stated in No. 2 above. The entrance of the user to the subscription-area or
services which have been terminated will be closed at the expiration of the
pre-paid subscription period.
The data stored with abenetis, are deleted after a reasonable period after the
termination has been given to abenetis and the subscription period has ended.
7. Liability / Exclusion of Guarantee
abenetis is responsible only for own faults, which resulted from deliberate behavior or
rough negligence. For all other cases of faults or damages, for example such
from higher forces, from the operation of business, the use of contents or the
use of services, abenetis is not responsible. The adhesion for consecutive
damages of any kind is impossible.
abenetis examines contents prepared by her after best knowledge and indicates
appropriate literature places or links. She does not take over any adhesion for
the legal interests, which arise as a result of the further use of contents by
the individual user.
The german county court of Hamburg has decided with it's judgement from May 12,
1998 File No. 312 O 85/98 that if you install a link to another website you
may also be liable for its contents. You only could avoid this liability in
dissociate your self from the contents of the other websites.
Since numerous links are available on the abenetis website, which abenetis has no
influence on the organization as well as the contents in each case, it
dissociates itself hereby expressly from the content of the linked websites.
This declaration includes all links installed on our Website.
The selection and the use of the CONTENT take place in exclusive responsibility of
the user.
The user could reclaim the supply of a faultless copy of the content, if the content has
a substantial lack. abenetis is free to decide how to resolve the claim of the
user. Further claims of the user, in particular because of escaped profit or
damages, are impossible. This does not apply, as far as the cause of the damage
is based on rough negligence or deliberate behavior of abenetis.
In all other respects abenetis is not responsible and takes over no warranty or legal
responsibility for a successful
use of the CONTENTS and the services concerning their economy for the purposes
of the user. The adhesion is also impossible, if the user gave personnel
specific data in the context of the use of services to abenetis, since the
execution of measures and recommendations lies not in the sphere of influence
of abenetis.
abenetis does not take over an adhesion for the error free executability within the
system environment of the user. An adhesion of abenetis might take place only,
if the error is based on a roughly negligent or deliberate behavior of abenetis
or its executing aides. An adhesion for consecutive lack damages is impossible
in each case.
Nevertheless abenetis is grateful for all referrings to errors or further improvement
suggestions. abenetis will be endeavored to eliminate errors or ambiguity and
convert improvement suggestions in such cases, if they are of general interest.
abenetis takes no adhesion for services and achievements of other providers, whom the
user took up using a link at the abenetis website to the other provider.
Exclusion of Guarantee
The provider does not give any guarantee about the completeness, the accuracy or
exactness of the provided content and services or the use of services. The
content especially does not represent a consultation or recommendation.
The provider has no legal obligation to keep the enterprise as such or upright in a
special form. A requirement/claim on constant availability of services does not
exist. In order to guarantee technically perfect functionality, partial Cookies
are used.
abenetis not takes over any guarantee for contents, which were conveyed of third
parties. With injury of author -, competition or other patent rights the user
exempts the provider from all requirements, which are caused due to transferred
contents of a user, which are made valid against the provider. The provider
reserves itself the defense of above mentioned law offences.
8. Right of Contradiction/Withdrawal
If you are an entrepreneur as stated in ยง 14 BGB (Germany Civil Code) and if you act on behalf of your commercial activity, you do not have any right of Contradiction or Withdrawal.
As abenetis only provides services for businesses, no right of contradiction or withdrawal is offered.
9. Private Data Protection
Referring to 33 BDSG (German Civil Code of Data Protection): The user data are only
saved for internal use. The use of user data at neutral service companies will
be done according to the regulations of the German Protection of data privacy
law.
With registration the user agrees, that his name and Email-Address is saved at the
abenetis webserver. Furthermore the user agrees to occasionally receive
information from abenetis about new content or services. The agreement could be
terminated by formless notice by E-Mail, Fax or regular Mail.
The user data will be usually deleted one year after termination of the contract, if not
a legal regulation requires a longer period of storage (e.g. Tax Law).
10. Complaints
Complaints about the content or about services are to be addressed to the contact
information shown at the content or the service.
Furthermore complaints could be addressed to:
Fax +49 (0)721 - 151 - 214940
E-Mail
Customer-Service
11. Other Regulations
The provider could adapt the business conditions and terms of use. If one of the
terms mentioned should be or become ineffective, then this does not affect the
validity of the remaining terms. The provider will then replace the ineffective
regulation by a new one.
Verbal or other secondary arrangements need to have written confirmation by abenetis
to be considered as agreed.
It applies the law of the Federal Republic of Germany. Court jurisdiction and
place of fulfilment is Singen (Hohentwiel), Germany.
Last updated: June, 2010
About abenetis
E-Mail
info@abenetis.com
Internet
www.abenetis.com