Kompass

General Terms and Conditions

§ 1 Scope of the terms and conditions

1. imk MEDIA SOLUTION LTD, Sossenheimer Weg 5-7, D-65929 Frankfurt am Main, hereinafter referred to as "contractor", maintains a business directory, which can be accessed on the internet. The advertiser’s (company) name, address and optionally his services / products will be included in this directory.

2. The insertion of the advertiser’s entry and the provision of services by the contractor will be based exclusively on these general terms and conditions.

3. The general terms and conditions also apply to future contractual relations, unless agreed otherwise in writing in individual cases. Furthermore these terms and conditions also apply to future agreements between the contractor and the advertiser, even if not referred to in future contracts.

 § 2 Scope of services / Subject matter of contract

1. The extent of the services provided by the contractor depends on the packages, options and the contract that the advertiser chooses. 

2. Any services provided by the contractor free of charge may be discontinued at any time or may be subsequently offered against payment. No claim for cost reductions, refunds or damages may be made in respect of these.

 § 3 Contribution by the advertiser

1. The advertiser has an obligation to provide all data and content necessary for the entry on time and free of charge and/or to insert them into the relevant fields in the online registration form. The advertiser shall provide the contractor with all information and documentation necessary for performance of the contract.

2. The advertiser shall grant the contractor all rights to the content to be published on the internet for the entire contract duration, which the contractor requires in order to meet his contractual obligation.

§ 4 Fees and payment terms

1. For services outlined in § 2 the customer shall pay the currently quoted prices in advance.

2. In the event of a delay in payment, the customer shall be sent a reminder. On expiry of the time period specified in the 1st reminder, the contractor shall be entitled to bar the customer’s entry immediately.

3. The customer undertakes to notify his current address, e-mail address and, if applicable, his domain name and any changes thereto.

4. All prices include VAT.

 § 5 Trademark rights

Copyright and other trademark rights, resulting from the database and the business directory, shall accrue exclusively to the contractor.

§ 6 Data protection

The advertiser agrees that the contractor may store the data provided in the business directory database and may use such data within the scope of the business activities and in accordance to data protection regulations.

 § 7 Compliance with legal regulations, release from liability

1. The advertiser is responsible for any data and content he has submitted for publishing in the * lektorat-kompass (kompass editing) / uebersetzer-kompass (kompass translation) / korrektirat-kompass (kompass proof-reading) * business directories.

2. The advertiser shall ensure, that the content published on the internet complies with legal and/or civil rights requirements and is not subject to third party rights that could affect its contractual use. The advertiser releases the contractor from all liability in this respect.

3. The contractor shall notify the advertiser to the extent legally permissible, if third parties or the authorities assert or provide any information to the effect that a breach of legal/civil rights requirements or an infringement of third party rights has been committed by the advertiser.

4. The advertiser shall support the contractor to the best of his abilities in his legal defence, if the breach/infringement with which the contractor is charged is based an infringement in respect of data, copyright, trademark rights and/or other commercial protected rights of third parties, made available by the contractor on behalf of or at the request of the advertiser.

In such case the contractor can require the advertiser to bear the costs of any damages and reasonable legal defence costs.

5. The contractor can decline an application for entry into the business directory, if this is not possible for technical reasons or if the entry infringes internet etiquette, legal regulations or third party rights, offends against morality or unreasonably runs contrary to the interests of the contractor.

6. The contractor shall be entitled to bar access to entries entirely or temporarily, if third parties claim an infringement of their rights due to the publication of the entry or if there are justified doubts as to the legality of the entry. The fee payment remains unaffected thereby.

7. The advertiser holds the contractor harmless against all claims made against the contractor in respect of infringements of rights on the part the advertiser.

 § 8 Liability and limitation of liability

1. The business directory publishes information on the internet. This information may not be copied or distributed in any other way for commercial purposes by the user. imk MEDIA SOLUTION LTD. does not publish the content, but only provides the medium.

All content, which is made accessible to third parties, is information or content provided by the originator, author or distributor and not by contractor. imk MEDIA SOLUTION LTD. is, therefore, not responsible for the content.

imk MEDIA SOLUTION LTD. is not liable for any loss or damage accruing to the customer through information communicated in the context of use of the business directory.

2. The contractor accepts no liability for the information published in the business directory, and in particular for whether it is complete, correct, up-to-date or fit for the purpose intended by the customer. The contractor also accepts no liability for the information provided being free from third party rights or for whether or not the sender has infringed against current laws or other rules. The contractor accepts no liability for events giving rise to damage which occur within the remit of the relevant service provider.

3. The contractor accepts no liability for restrictions on or disruptions to the service due to force majeure or other events which make it fundamentally difficult or impossible to provide the service. These include, for example, failure of communications networks or disruptions that are within the remit of the service provider.

 Furthermore there shall be no liability for temporary system outages.

§ 9 Guarantee

1. The contractor gives a guarantee that the data submitted by the advertiser shall be correctly transferred into the business directory and that the business directory shall be accessible and the data stored in it retrievable on the internet. Excepted from this guarantee are disruptions, which arise due to defects in or interruptions to telecommunication paths and the internet.

2. The contractor shall immediately rectify any material disruptions or errors under his control; negligible problems shall be rectified within a reasonable time period. The contractor may fulfil this guarantee obligation in respect of paid-for services initially by making subsequent improvements or by providing replacement services.  If this proves unsuccessful, the advertiser shall be entitled to request a reduction in the fee or to withdraw from the contract.

3. The contractor accepts no liability for the correctness of the content of the data submitted or for the ability to access the business directory which is not within his control.

4. imk MEDIA SOLUTION LTd. accepts  no liability for services provided free of charge.

 § 10 Contract duration, termination

1. The contract for paid-for services runs for 12 months and can be terminated at any time on two months’ prior notice to end at the end of a 12-month period. Otherwise the contract term is extended in each case for a further 12 months.

3. Termination must be in writing to be effective.

 § 11 Concluding provisions

1. All legal relationships arising from this contract are subject to the laws of the Federal Republic of Germany. The exclusive court of jurisdiction is Frankfurt am Main.

2. All changes and additions to this contract must be in writing in order to be valid. An email sent by the advertiser is deemed to satisfy this requirement provided that the advertiser can supply confirmation of receipt of the email by the contractor.

3. Should a provision of this contract or a provision within the framework of other agreements be or become invalid or impractical, the effectiveness of the remainder of the contract shall not be affected.