(1) For the business relations (the delivery of goods or the provision of services) between Helios Media GmbH, Friedrichstrasse 209, 10969 Berlin and the subscriber solely those business connections apply which were valid at the time of order. Helios Media does not recognize differing conditions imposed by the subscriber, unless Helios Media expressly accepted their application in writing.
(1) For the duration of this contract, the publishing house Helios Media makes its database European Profile accessible to the subscriber to allow the latter to recall all available information on the online database. Access to the database is provided to the subscriber via the internet from any workplace which satisfies the technical prerequisites.
(2) The publishing house Helios Media is entitled to alter the offered service (contents of the database, structure of the database, user interface, etc.) at any time so long as the fulfillment of the purpose of this contract is not significantly impaired through this.
(3) Under the category "FAQ", the publishing house Helios Media provides the subscriber with instructions for use coupled with a help function. The subscriber is required to observe the instructions given therein on database access, data-recall facility and downloading of contents.
(4) Optionally and incurring costs, the subscriber may participate in a training course offered by the publishing house Helios Media.
(5) The price list (Annex 1) is an integral part of this contract
(1) The publishing house Helios Media makes online access to its database available to its subscribers via the internet.
(2) The publishing house Helios Media assures to its subscribers an average database availability of 97% per annum.
(3) The publishing house Helios Media will regularly, at least on a weekly basis, update the database. Every single dataset will be verified and where appropriate updated at least once in every three month period by the publishing house Helios Media.
The publishing house Helios Media provides the subscriber with a logon address and a password. The subscriber is required to keep the assigned logon address and password secure from others. Where the incorrect password has been entered on three consecutive occasions, the connection will be interrupted. Thereafter, a new dial-in will only be possible after telephone consultation with the helpdesk of the publishing house Helios Media.
(1) The subscriber must observe the technical prerequisites defined by the publishing house Helios Media so as to ensure an undisturbed access to the database and download of its contents [for example Internet Explorer, Java Script]. The subscriber is responsible for the acquisition and maintenance of the required Hardware, Software and links to the public telecommunications network.
(2) The subscriber bears the cost of the installation and maintenance of the internet connection. The publishing house Helios Media is not responsible for the security and holding of data communications transferred across by communication networks of third parties. Nor is the publishing house Helios Media liable for disturbances in the data transmission resulting from technical defaults or problems in the configuration on the side of the subscriber.
(3) The subscriber is responsible for hardware and software he/she has installed, as well as communication channels he/she uses. Such technical failure does not discharge him from his payment obligations towards the publishing house Helios Media.
Within the scope of this database, the subscriber may use a search program. The (technical) properties of this program and the corresponding instructions for use can be found in the "FAQ"-category.
(1) The database European Profile, as well as its individual contents, are copyrighted. All rights in the database and the respective updates, in particular all copyrights and performance warranty regulations, including all rights to publication, reproduction, and circulation, as well as database protection pursuant to §§ 87 a ff UrhG, remain the property of the publishing house Helios Media.
(2) The subscriber may only retrieve and avail him/herself of the contents for his/her personal use and only for the duration of the contract. For this purpose, the norms defined under §§ 53 and 87 c UrhG apply. The circulation of data to third parties is only permissible after prior written consent of the publishing house Helios Media and requires a further subscription.
Circulation of data or data structures in any form or representation, which goes beyond the business purpose and the contract duration; as well as the use of the data or data structures for beneficial use, their duplication or allowing them to be accessed by third parties; is neither entirely nor partially permitted.
The same applies to all documents that may be provided in the future.
(3) The export and/or download of data is only permitted for the purpose of copying over selected contacts into an address book, for alternations or processing, but not for the transfer to third parties.
The circulation of addresses to lettershops or similar service providers is permissible. The latter are bound by the provisions of this contract and are required to delete the data immediately after use.
(4) Moreover, the subscriber is not authorized to alter or to sell the database entries, or to use the data in any other manner which directly or indirectly competes with the publishing house Helios Media.
(5) Agencies or other service providers may use the information available on the database for the processing of customer orders or to carry out their own investigation. Data may not be passed on to, or in any other way used by, customers or other third parties. Such use requires the acquisition of a further subscription.
In the event of infringement by the subscriber on copy and database rights owned by the publishing house Helios Media, the subscriber is liable to pay a contract penalty, which corresponds to the annual subscription fee. Further claims for damages remain unaffected hereby.
(1) It is the subscriber's own responsibility to observe the statutory regulations, in particular those of data protection, when using the data made available to him.
Your attention is drawn to the criminal prosecution that may result from a breach of data protection. The subscriber will take all reasonable steps to prevent unauthorized third party access to the data in his sphere.
(2) The subscriber is required to protect his/her access data (e-mail access, username, and password) from unauthorized use. The unauthorized use of the username, password, access data and e-mail access must be reported to the publishing house Helios Media without delay.
(3) The dissemination of the username, passwords or access data to third parties is a substantial breach of contract and entitles the publishing house Helios Media to terminate the contract without notice
The subscriber must not infringe third party rights, and in particular not copy and personal rights, nor to breach any other regulations. He is especially called upon not to send any advertising material by e-mail or fax to his contacts, unless the recipient has given his consent or the subscriber is acting in the course of business and can be completely and concretely assured of interest from the receiver.
Where the subscriber is in breach of duties imposed on him by this contract, (s)he discharges the publishing house Helios Media from all third party claims and is responsible for all expenses which arise for the publishing house Helios Media in connection with the necessary defence costs.
(1) The subscriber pays to the publishing house Helios Media an annual fee, which corresponds to the fee specified in the price list that is included in the contract (annex 1).
(2) The charge is to be paid yearly in advance. The payment will be requested under separate billing from the publishing house Helios Media. The amount is payable within 14 days of receipt of the invoice.
(3) Where a contract is terminated, monthly fees already paid for the period after the termination of the contract are reimbursed within four weeks of the date of cancellation.
(4) If payment is made quarterly an additional charge of 5% will be added to the charge specified in the price list.
(1) The publishing house Helios Media is entitled to collect data regarding the following performance and billing operations: manner of use, contents of transmission, duration of transmission, personal data to identify the user.
(2) The publishing house Helios Media will collect and utilize this data under the principles of data privacy laws.
The publishing house Helios Media is entitled to encode all contents of the datasets made available for download, so as to prevent non-authorized use. The subscriber is not entitled to remove such encoding. The publishing house Helios Media is entitled to enhance the encoding technique in accordance with the best available technology and within the scope of that legally permissible.
(1) Every single dataset will be verified and, where appropriate, updated at least once in every six month period by the publishing house Helios Media.
(2) The subscriber is obliged to inform the publishing house Helios Media of possible defects without delay.
(3) The publishing house Helios media will remedy any discovered defects within reasonable time or provide substitutes.
(4) In the case that contractually agreed use is not fully provided for by the publishing house Helios Media, termination of the contract by the subscriber is only permitted when the publishing house Helios Media has been given sufficient time to remove any defects.
(1) The publishing house Helios Media is not liable for the suitability, accuracy and data capacity of the public transmission lines used, and data communication devices owned by, the subscriber.
(2) The publishing house Helios Media is entirely liable for all defects of title, defective/faulty warranted characteristics, as well as for personal injuries.
(3) The publishing house Helios Media's liability for initially unsatisfactory services (incapacity, delay, impracticality) is limited to foreseeable damage/loss.
(4) In addition, the publishing house Helios Media is liable for acts of intent and deliberate negligence of its statutory representatives and assistants. The publishing house Helios Media is only liable for acts of slight negligence regarding breach of duties integral to the contract.
Liability for acts of slight negligence regarding a duty integral duty to the contract is limited to reasonably foreseeable damages.
(5) Liability under the Product Liability Act remains unaffected.
(1) The minimum duration of subscription is one year. The period of one year terminates with the expiration of the month in the subsequent year. The contract is automatically extended at the end of the year if it has not been terminated with six weeks notice before the end of that year.
(2) The right to extraordinary termination of notice will remain unaffected by the above provision.
(3) Termination of this contract requires notice in writing.
(1) The only law applicable to this contract is German law.
(2) Where the German law refers to foreign legal systems this law is ineffective.
The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
(1) Translations of this contract merely serve as a reading guide. Where a dispute or a question of interpretation arises in relation to this contract, the German Version takes precedence.
(1) Place of Performance for deliveries and services is Berlin.
(2) Where the subscriber is a businessman, a legal entity of the public right or of special public law funds, Berlin is the sole place of jurisdiction
European Profile Trial Subscription: 50 Euros/ 1 month
European Profile Standard Annual Subscription: 75 Euros/month
The subscription gives the subscriber access to all features of the European Profile database. The following data export restrictions apply:
During the trial month, the data export is limited to 100 datasets. Once the standard annual subscription has been confirmed, there is no export limit.
The annual subscription can be cancelled at the end of every calendar year. The cancellation must be made in writing, by November 15th at the latest.
