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The General Business Regulations (GBR) of the "SpeditiOnLine" on-line transportation data bank accessible through the www.speditionline.hu, www.speditionline.de and www.speditionline.com webpages, which is operated by VB FOX Information Technology Trade and Service Ltd. and Ingenieurbüro Schäffer (München)
I. Concept and main features of the service According to the present contract parties interpret the concept of the service in the following way: Supplier, VB FOX Information Technology Trade and Service Ltd. and Ingenieurbüro Schäffer (München), by means of cooperation creates and maintains a functional data bank through the Internet, accessible via domains www.speditionline.com and www.speditionline.hu, that operates online (on-demand). In the framework of the Internet service, Supplier provides an opportunity for users of transportation and warehousing data bank to get into the database and use it - after the successful registration -, where User may offer other users or search for freight capacity, freight, and warehouse capacity. The extent of use is determined by the selected level of charges and other conditions. Costs of access to the Internet will be supported by the user. Supplier is not qualified as a mediator of legal transactions between User and third parties, or a contractual partner in legal transactions drawn up within the framework of functional data bank. Signing and fulfilment of legal transactions are not the Supplier's responsibility, only of User's exclusive cost, risk and responsibility. Supplier is not obliged to supervise the content of the input information. II. Drawing up the contract II./1 Registration User must start the registration process by his own decision on www.speditionline.hu, www.speditionline.de or www.speditionline.com websites on-line and confirm the acknowledgement of contents of GBR on-line. Refusing the GBR results in automatic interruption of the registration process. User can only register his data on Supplier's website by filling the registration form of Supplier after the on-line confirmation of acceptance of GBR, thus he assures the completeness and correctness of his data. Ulterior changes of data introduced at registration, must be announced immediately by User to the Supplier. Only the Supplier is entitled to register the changes. II./1 In case of choosing Type 2: 1: After the registration, Supplier sends the contract per fax or in PDF in e-mail along with an invoice for one year. 2: User signs the contract and sends it per fax (to fax number 00 49 89 70009817) to Supplier, along with the copy of the registration of court. 3: In case of paid package Supplier sends invoices 4: Supplier reservs all rights to control User details and withdraw contracts without justification. The contract is valid only after a positive evaluation of the documents. After arrival of the price of use, User's login is enabled and User is sent an e-mail about it. In case of a negative evaluation, Supplier must transfer the full price of use back to the User. II./2 Duration of contract, payment Duration of contract is undetermined. Users must pay a yearly fee during contract, depending on the tariff level chosen from the current price list. (The current price list can be accessed on the home page of our website by clicking on "Current price list".) II./3 Procedure of charge Supplier emits the invoice with VAT (MwSt) for a year in advance. Charge for the duration of application must be paid in advance at all times. If User does not pay the charge of a given year by remittance to the Supplier's bank account within deadine, Supplier is entitled to a temporary interruption of User's access to the system. User is obliged to pay the double of the current base interest of bank as a default interest. User does not possess any sort of claim for damages owing to the temporary interruption of application of system arising out of paying the charge with delay. Supplier reserves the right to change the amount of fee by his own judgement. In this case, Supplier must announce this to User 30 days in advance in e-mail, fax or a letter; thus, User can cancel the contractual relation properly before the modified charges are applied. If User does not cancel the contract after the modification of fees, then the new fees are obligatory for User. Changing the tariff is possible at all times. In case of changing the circle and charges of service, Supplier's current valid price list is authoritative. In case of change to a higher tariff, the charges of the newly chosen tariff come into effect with the first day of the following month. III. Obligations of parties III./1 General obligations of User On the basis of the application contract User gains title to access the functional data bank with the help of password and user name provided by Supplier, and also to provide or search for information according to his business aims. User is obliged to provide the technical solution for updating of database at his own expense. User agrees to make this information accessible for third persons ordering the data bank service. Title of use of data bank is related to contractual users only and it’s transfer to third persons is forbidden. User is obliged to keep the accessible data of data bank confidential, to prevent third persons from illegal use, and to keep the necessary arrangements for prevention. Application of computer mechanism or software and all other conducts that would compromise the data security and operation of www.speditionline.hu, www.speditionline.de and www.speditionline.com websites are prohibited. Users are prohibited to use and hand on the data of third persons and other users becoming accessible by use of www.speditionline.hu, www.speditionline.de and www.speditionline.com websites, for any promotional or other purpose. User is not entitled to copy, multiply or use the content of website in any other way without the explicit permission of the legal owner. Without the preliminary permission of Supplier, copying and distribution of functional data bank of all sorts or any other use of the representation are prohibited. User is entitled to use the service besides keeping the directions of the present General Business Regulations and current legislation, and obliged to abstain from such conduct of all sorts that can be qualified as abuse of law. User is only entitled to copy the present General Business Regulations within bounds of protection of law interest. Any further use is prohibited, particularly on other websites. III./2 General obligations of Supplier Supplier is obliged to provide the ordered service continuously according to the conditions of the present contract. Under continuity parties mean access of 24 hours a day. Data bank is produced and maintained by Supplier and it is under independent legal remedy. Supplier does not guarantee complete flawless functional database or access of website or uniform level of service. For the necessary period of servicing and removal of disturbance Supplier can disable access for even 24 hours without informing User or let him to lay claim to the refund of time proportional charge. If the period of access disabling is more than 48 hours within a calendar month or the yearly average of access is less than 99%, Supplier is obliged to repay the time proportional charge. Parties do not consider inevitable and temporary halts (server maintenance) arisen from Internet operation or unavoidable external reasons as disconnection of continuity. Resulting from such reasons Supplier is not responsible for repaying charge or damages. Supplier reserves the right to change the operational principle of service and the optical representation of data bank biased without letting User to claim any kind of demand. Supplier is not responsible for contents, correctness and topicality of information given by User or for the suitability of aims of other users. Supplier does not guarantee to establish legal transaction by using the service or take responsibility for solvency of other users and he is not obliged to supervise it. Providing the service on Supplier's part cannot be interpreted as a result obligation. User must acknowledge that Supplier should provide the possibility of searching and taking up data in database and of connection for unlimited number of registered users at the same time. Supplier is responsible for treating and protecting User's data as trade secret according to law of data protection and rules of civil law and criminal law. IV. Modification and cancellation of contract Supplier is entitled to change the present General Business Regulations at any time without reasons. Supplier is obliged to inform User about this in email, and if User does not definitely protest against the change within 2 weeks after receiving it, then the change is considered accepted on Supplier's part. If the contract is valid for undetermined period of time, either party is entitled to cancel it any time with 6 weeks' term of notice at the end of a particular calendar month without reasons by statement written to the other party. Term of notice starts the day on which the other party received the cancellation. Supplier is entitled to block the access for 14 days' period of supervision, in case that User: a) broke the valid law, the present General Business Regulations and/or the contract during use of service During the period of supervision, proved that any of the acts listed in paragraphs a-f) exist, then Supplier is entitled to cancel the contract with immediate effect and the responsibility of costs of forbiddance and investigation is User's. In other cases, Supplier repays charge for time of forbiddance. V. Data security and protection Supplier is obliged to preserve data of the functional database with increased trade care as it can be expected from him. User acknowledges that data of other users that he got possession during the application of service cannot be shared with third persons. User is only entitled to use these data within the circle and duration determined by the reporter of data. Supplier guarantees that data given by User will not be preserved or used after duration determined by him and after receiving his referring statement, and will be deleted from his registry. VI. Further directions Supplier reserves the right to contract affair contract with different conditions of the present General Business Regulations including the application of altered tariffs. At the same time of the contract User appoints the person who maintains relation with Supplier by electronic mail or who can make a statement for changing the admission code. User is obliged to announce the alteration of this person and his access data. Parties make a statement that during the validation and fulfilment of their rights arisen from the present contract they proceed with honest intentions based on the principle of intended purpose of practice of law. Parties intend to arrange controversial issues arisen from the contract in a peaceful way above all, also acknowledge the exclusive authority and competence of the District Court of München in case of failure and their legal dispute can be settled according to dispositions of German Civil Code.
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