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PTV GROUP Bericht

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PTV GROUP Bericht TERMS OF USE §1 OBJECT OF THE AGREEMENT 1. PTV Planung Transport Verkehr AG, Haid-und-Neu-Str. 15, 76131 Karlsruhe (PTV) operates the route planning service (the "Service"). The fundamental technical features of the Service are described on the website as set out in Appendix 1. 2. The right to use the service is subject solely to these Terms of Use, in combination with PTV Planung Transport Verkehr AG's licence agreements for geographical and traffic data (LGT) and the licence terms and conditions for geodata and additional data (LGA) of PTV Planung Transport Verkehr AG. Their contents can be found at https://www.ptvgroup.com/en/terms-privacy/ Terms put forward by the User shall not form part of the agreement unless PTV recognises such terms in writing. 3. Use of the Service is only permitted for companies as defined in Section 14 BGB. PTV reserves the right to check the user's company status and to request supporting documentation. §2 REGISTRATION, CONCLUSION OF CONTRACT 1. Use of the Service is subject to registration. The registration is an offer by the user to PTV to conclude an agreement on use of the Service ("Licence Agreement") according to these terms of use. PTV reserves the right to accept or refuse this offer. 2. Registration may only be performed by persons who are entitled to legally represent the company for which the use of the Service is to apply. 3. The data requested by PTV when registering ("Registration Data") is to be entered accurately and in full. The user shall be obliged to amend any changes at a later date with regard to the Registration Data immediately. PTV shall use the customer's contact details as provided for the login data for all correspondence sent to the user in connection with use of the Service. 4. PTV shall verify the registration using the SMS/TAN procedure. The Licence Agreement shall be concluded when PTV enables the user's access to the Service. 5. The user must specify a password during registration. The user must treat this password as confidential and protect it against unauthorised access. The password may only be disclosed to those employees who are entitled to use the Service as part of their assigned tasks according to the restrictions regarding licences and/or users. 6. Should the user suspect that the password has been made known to a third party or that a third party is making unauthorised use of the user's access to the Service, the user shall be obliged to change the password immediately and inform PTV in writing without delay (see §13 ). 7. Should PTV have reason to believe that a third party has unauthorised access, PTV shall be entitled to block such access until the issue is resolved. PTV Planung Transport Verkehr AG, Headquarters: Karlsruhe; Executive Board: Vincent Kobesen (CEO), Chairman of the Supervisory Board: Philipp von Hagen; Commercial Register (HRB No.): 109262; VAT No..: DE812666053; District Court: Mannheim §3 PTV SERVICES, RIGHTS TO SOFTWARE AND DATA 1. The Service and data provided by the Service, in particular map data, are protected by copyright. In the relationship between the contracting parties, all rights to the software and data are held solely by PTV and its suppliers. Use of the software and data other than for the intended use of the Service, in particular the systematic exporting of data, the transfer of software or data to third parties and editing, are not permitted. Copyright notices and trade marks may not be modified or removed. Proper use of the Service is set out in the documentation for the Service on the website as described in Appendix 1. This description forms part of these terms of use. 2. The user shall be obliged to keep to the agreed restrictions, i.e. in terms of the number of licences and the number of users. 3. The service shall be available for 98% of the average calendar month. Unavailability can be assumed if the service is completely unavailable due to conditions which lie within PTV's scope of responsibility. Unavailability will not be assumed if the service is not available due to: - force majeure; - incorrect operation or use contrary to the agreement; or - planned maintenance times. 4. PTV may temporarily disable the Service for maintenance reasons ("planned maintenance times"). PTV shall inform the user of planned maintenance times at least two (2) days in advance via the website set out in Appendix 1. The total duration of planned maintenance times may not exceed twelve (12) hours a month. 5. The technical requirements for the use of the Service are described on the website under the Knowledge Base section ("System Requirements") as set out in Appendix 1. It shall be the user's responsibility to ensure that the technical requirements are fulfilled. §4 ADDITIONAL SERVICE 1. In addition to the Service, PTV offers the user a subscription for the calculation of mass data (“Additional Service”). 2. For use of the Additional Service, the user must purchase in advance a certain number of calculations (“Contingent”) in accordance with Appendix 1. Payment for the Additional Service by the user is to be made according to the provisions of §5 (2) – §5 (6) of the License Agreement. Should the user fail to make payment for the Contingent, PTV shall be entitled to disable the user’s access to the Service in accordance with §5 (3) of the License Agreement. 3. After activation, the user can use up the Contingent within twelve (12) months (“Contingent Period”). In case the License Agreement ends before expiry of the aforementioned twelve (12) months, the Contingent Period expires prematurely at the time of termination of the License Agreement. Unused credits of the Contingent lapse without substitute upon expiry of the – possibly shortened – Contingent Period. 4. In case the user uses up the Contingent completely before expiry of the Contingent Period, the user may purchase further Contingents in accordance with Appendix 1 to aforesaid conditions. §5 FEES 1. The user shall pay PTV a fee according to the price list in force at the time of signing the agreement. The price list shall be available on the website as set out in Appendix 1. 2. Payment is to be made in advance for the entire invoicing period. PTV shall invoice the payment within the first week after signing the agreement. The invoice amount due shall be debited automatically within ten (10) calendar days. In the event of payments by invoice, these must be received in the respective account within ten (10) calendar days. 3. Should the user fail to make the payment within the period specified in §5 (2), PTV shall be entitled – after warnings and threats of discontinuation – to disable the user's access to the Service until all invoices have been paid in full. Other claims by PTV due to late payment, in particular the right of termination for good cause, shall remain unaffected. 4. The user may offset payments only against legally valid claims or those recognised by PTV in writing. The user shall only be entitled to exercise a right of retention insofar as the counterclaim is based on the same contractual relationship. PTV AG Nov/18 5. Should the user fall behind with payments, PTV shall be entitled to claim loss of interest to the amount of eight (8) percentage points above the base rate in accordance with Section 247 of the German Civil Code. PTV's right to prove higher damages caused by default shall remain unaffected. 6. PTV has the right to increase the arranged payment once per calendar year to compensate for personnel and other cost increases accordingly. PTV shall inform the user of any increase in payment in writing at least one (1) month in advance; the increase in payment shall only apply for periods for which the user has already made payments. Should the payment increase be more than 5% of the previous payment, the user shall be entitled to terminate the Licence Agreement in accordance with a one-month notice period at the end of a calendar month. The termination is to be declared within two (2) weeks of giving notice. Should the user exercise their right to terminate the agreement, the payment before increase shall be invoiced until the termination comes into effect. PTV shall inform the user with each notice of price increase of the right to terminate the agreement and the deadlines that apply. 7. Should the Licence Agreement end for a reason for which the user is responsible, PTV reserves the right to retain the full payment until the next possible termination date according to §7 . This also applies for any period during which access to the Service is blocked and which is caused by the user. 8. Should the Licence Agreement end for a reason for which PTV is responsible, PTV shall refund the appropriate share of the advance payment. 9. Invoices shall only be issued in electronic form. If payment has been agreed by SEPA B2B or Core Direct Debit, the deadline for preliminary notice shall be shortened to at least one (1) working day. §6 FURTHER OBLIGATIONS ON THE USER 1. PTV shall provide the user with user instruction in the form of help, FAQ and Knowledge Base sections on the website as set out in Appendix 1. The user shall be responsible for adhering to the notes provided there. 2. The user may not use any software or other technical equipment which edits, extends or endangers the Service's functions. In particular, the user may not attempt to access the Service using any other technical means than with a standard Internet browser.
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