Print

General conditions of making a deal for the company Nowatell GmbH

1. Subject of the agreement

1. The given general conditions of deal conclusion for Nowatell GmbH company (hereinafter – «NOWATELL») are in force for any contract relations of NOWATELL. NOWATELL supports the internet-portal www.nowatell.com, which helps enterprises (especially from CIS, Europe and Asia (hereinafter – “Enterprises”)) in establishing business contacts. Goods and services, offered by NOWATELL, are exceptionally intended for enterprisers, described in paragraph 14 of the Civil Code. Proposals on signing contracts with consumers, described in paragraph 13 of the Civil Code, are not provided to or accepted by NOWATELL. The given NOWATELL portal presents structured and actual data about firms, goods and services (of relevant) enterprises in corresponding languages. In particular, NOWATELL prepares profiles for firms, as well as information about goods or services, and places these profiles and the information at the portal. The portal can be accessed and used by authorized users. Moreover, authorized (registered) enterprisers can place their own informational messages at the portal, describing their enterprises, goods or services. They also can use the portal for introduction of their advertisement (for instance, such as banner advertisement). Besides, NOWATELL offers information support as much as full service for enterprises concerned directly at their location.

Enterprises, authorized at the forum, may have arrangements about certain proposals on service provision on contractual basis. The list of services provided by NOWATELL, depending on the individual agreement between NOWATELL and the enterprise, can in particular include the following services:

a) placement of profiles of enterprises by the enterprises themselves at the internet-portal www.nowatell.com in several languages, or

b) preparation and placement of profiles of enterprises according to the parameters, that enterprises select, by NOWATELL at the internet-portal www.nowatell.com, in languages, conditioned by the contract correspondingly, or

c) preparation and placement of firms by enterprises themselves at the internet-portal www.nowatell.com in several languages, or

d) preparation and placement of  presentations of firms according to the parameters, that enterprises select, by NOWATELL at the internet-portal www.nowatell.com , in languages, conditioned by the agreement correspondingly,

e) provision of the  possibility to use the search function for enterprises at the internet-portal www.nowatell.com,

f) placement of messages / advertisements from enterprises at the internet-portal www.nowatell.com,

g) registration of enterprises in national and international economical unions of Europe and Russia at the choice of NOWATELL,

h) introduction of business events, sales exhibitions, congresses for enterprises at the internet-portal www.nowatell.com,

j) presentation of market analysis and economical data for countries of Europe, Asia and CIS.

3. The range of goods and services, offered by NOWATELL, is based on the descriptions of goods and/or services, up-to-date during submission of the proposal for contract signing by an enterprise regarding NOWATELL.

4. All servers of enterprises, providing technical support of NOWATELL home page www.nowatell.com, are connected in the internet with a complicated system structure (architecture). Incoming and outgoing traffic is sent in by different technical systems, which, correspondingly, provide a certain maximal speed of data transmission. Thus, for technical reasons the volume of traffic in the server is limited. Increasing income of traffic from some servers or to them can lead to some problems with these servers and other servers, technically interconnected with them. The problems are conditioned by the impossibility to reach the maximal speed of data transmission in some servers. The speed of data transmission in such cases is technically distributed to the connected servers. The same is in force for profiles of enterprises, presentations of firms, messages / announcements and presentation of the market and economical data analysis, located in the same server; as the traffic volume is increased, its volume is technically distributed.

5. The accessability of NOWATELL’s services before transmission to the Internet (supporting network) during the year at the average comes to 95%. NOWATELL attracts the attention of its clients to the fact that restrictions or limitations can occur regarding the specter of services provided in case the services are out of the sphere of influence of NOWATELL. Such services, in particular, include the actions of third persons, acting not by request of NOWATELL; technical conditions of Internet, which NOWATELL can’t influence, as well as force-majeure cases. Equally the software and hardware, used by clients, or technical infrastructure may influence the provision of services by NOWATELL. As far as such circumstances influence the possibility of use or functional capacity of the NOWATELL’s services, it doesn’t influence the matter of a service, which should be provided by forces of NOWATELL according to the agreement.

6. NOWATELL regularly performs maintenance works in its systems, as it guarantees safe operation of the network, keeps the network integral, makes it possible to work in the field of services and data protection. For this purpose it can temporarily stop or limit provision of services according to the client’s demand, so far it is explained by objective reasons. NOWATELL takes an obligation to perform the maintenance works during periods of time, when the system recourses are used to a minor extent. In case longer stops or limitations within provision of services are required, NOWATELL takes an obligation to warn its clients in advance about the manner, scope and duration of such works, so far it is objectively allowed by circumstances and in case such message doesn’t slow down an already started process of trouble-shooting.

2. Presentation of enterprises

The portal www.nowatell.com is mainly intended for authorized enterprises and for NOWATELL use, which allows protecting the content of the portal from the non-authorized access. In case the presentations of firms or profiles of enterprises are located at the portal by enterprises themselves, their legal representatives, employees and other assistants, they are obliged to abide the law of the Federative republic of Germany. Moreover, all authorized (registered) users of the internet-portal are obliged to use the data about other enterprises, represented at the portal, only with legal purposes in accordance with German laws.

3. Data for registration / contract

During registration at the portal or signing a contract with NOWATELL in respect of NOWATELL, enterprises are obliged to provide some data, required for selected proposals or services, as without such data the services of NOWATELL cannot be provided or can be provided to insufficient extent. Signing of a contract involves complete and correct indication of such data.

4. Charges  and ways of payment

Development and/or presentation of profiles of enterprises, presentations of firms and other services, provided by NOWATELL on the contractual basis, implies the payment for use of services by the enterprise.

a. The amount of fee for use of services is established in accordance with the actual price-list, located at the internet-portal or attached to the agreement, which is a part of the contract. The fee for use of services, indicated in the price list, depends on the way of payment under the contract (once per month, once per 6 months, once per year), and also depends on the list of services contracted.

b. Payment for use of services, consequently, depends on the way of preliminary payment under a contract:

  • payment once per month – not later than the 1st day of every month;
  • payment once per 6 months – not later than the 1st day of the first month after 6 months pass;
  • payment once per year – not later than the 1st day of every year, listed in the contract.

2. Payment for use of services should be provided by the enterprise within the prescribed dates directly to NOWATELL.

3. In case NOWATELL is authorized to get the payment according to the invoice, the current expenses are covered by NOWATELL by means of collection of money from the account of the enterprise. Third parties can pay the use of services by PayPal, GiroPay or Yandex Money. The enterprise should take care that the payment for use of services is made within the prescribed dates of payment. Otherwise NOWATELL reserves the right to hold the service.

4. In case the enterprise is not paying the invoices for exclusive reasons, NOWATELL has the right to demand percents for the delay in the amount, defined by the law (paragraphs 288, 247 of the Civil Code).

5. NOWATELL has the right to adequately increase the fee for use of services. Any enterprise should be notified about the rising costs at least in 4 weeks before the planned increase of the fee for use of services.

6. In case the fee for use of services is increased, the enterprise gets a special right to cancel  the agreement. The enterprise can in writing notify NOWATELL about cancellation of the agreement with NOWATELL in two weeks before the planned increase of the fee for use of services. The document about cancellation of the agreement should be obtained by NOWATELL during the same period. In this case the effect of the agreement stops at the moment when the planned increase of the fee for use of services is implemented.

7. NOWATELL in advance prepares an electronic invoice for every payment. Sending of the invoice by e-mail is performed for free. In case the enterprise requires the invoices sent by post, NOWATELL can demand the fee of 5€ per invoice.

8. According to NOWATELL requirements an enterprise can raise only unquestionable and legal counter demands.

9. In case the enterprise has debts (unpaid invoices in NOWATELL), NOWATELL has a right to seize serving it.

10. In case the enterprise has not paid the non-increasing part of the payment for two consequent months or for a period longer than two months, or in case the enterprise has a debt of fee per one month, NOWATELL has a right to cancel the agreement due to an important reason without observation of time limits. In particular, the important reason for cancellation of the agreement by NOWATELL is the starting of a case regarding non-creditworthiness of an enterprise, whether it is open or closed due to absence of property, owned by the debtor.

11. In case the payment is delayed, NOWATELL has a right to add the fee for treatment of every unpaid message in the amount of 10€. The enterprise has to provide a confirmation of the fact that there is no financial loss or it is significantly lower.

5. Data about the enterprise

1. Enterprises agree that their private data and data about their business will be collected and used in frames of relations under contracts for reaching the aims of contracts. Moreover, enterprises agree that the data, voluntary provided by them, for publication at the portal and other places can be professionally used by NOWATELL, especially in purposes of advertisement.

2. Enterprises instantly inform NOWATELL of any changes and additions in their data in case this can affect reaching the aims of the contract.

3. NOWATELL  collects and uses all data, obtained due to signing of a contract, as well as all information about enterprises, marked as “by any means, not to use at the internet-portal or other places” exclusively in accordance with  actual statements on protection of information within the limits of contractual relationship and for reaching the aims of the contract.

6. Responsibilities

1. The responsibility of NOWATELL for damage, which can be caused by its legal representatives, employees, authorized persons and other assistants within the limits of a contract in case they fail to fulfill the contractual obligations or bring an administrative offence, is limited to intent and (criminal) omission.

Such limitation of responsibilities is not in-force in case of death, damage (injuries, accidents) and health damage, as well as in the sphere of responsibility, described by the law about the responsibility for the (provided) production. In each of such cases NOWATELL takes responsibility as the party in fault. To the same extent NOWATELL is responsible as the party in fault in case significant contractual obligations are not fulfilled, if these obligations can in principle provide appropriate fulfilling of contractual conditions, and which the contracted partner can regularly rely on; in this respect the responsibility is limited with typical and predictable kind of damage for a certain agreement.

2. NOWATELL is not responsible for the damage, caused by other authorized users of the internet-portal. To the same extent NOWATELL is not responsible for the damage, which occurs when enterprises introduce changes to the data without preliminary approval with NOWATELL.

3. Moreover, NOWATELL is not responsible for the damage, which can be caused to enterprises due to adjustment or disturbance interferences in the telecommunication system or internet connection.

4. Within the scope of the Law about telecommunication, paragraph 44a of this law is not covered, unless the parties have come to a different kind of agreement on this matter.

5. Content of www.nowatell.com is developed by NOWATELL with maximal thoroughness. However, NOWATELL can’t guarantee the correctness, completeness and topicality of the submitted data. Use of the data from the site is performed by a user to own risks. Specially marked articles do not always contain the opinion of NOWATELL, but more often reflect opinions of corresponding authors. NOWATELL is responsible for the data, located by its employees in the site www.nowatell.com, concerning the market analysis and economical data. The responsibility is limited to the damage, which according to a certain agreement, can be caused by its legal representatives, employees, authorized persons and other assistants in case they do not fulfill contractual agreements or cause administrative offence, if their actions are considered to be intentional or to be (criminal) omissions. In case presentations or introductions of third enterprises, NOWATELL doesn’t accept any responsibilities, if only the damage hasn’t been caused by its legal representatives, employees, authorized persons and other assistants, acting with intent or (criminal) omission.

6. Analysis of the market and economical indexes, provided in www.nowatell.com, are not considered to be the data, described in the Law about trading in securities.

7. The enterprise compiles guaranty copies of all data, which it locates in the server of NOWATELL, on other data carriers out of the NOWATELL’s sphere of impact, whether they repeat or vary (have amendments). In case of data loss the enterprise should without compensation again locate the information to the server of NOWATELL.

8. NOWATELL is not responsible for self-developed introductions, presented by the company in the site www.nowatell.com in case there are translation mistakes (for instance, in presentations), for incorrectly listed dates (of business meetings) like holding of sales exhibition, as well as for wrong introductions in news letters or electronic letters (E-mail) of NOWATELL, unless the damage was caused by its legal representatives, employees, authorized persons and other assistants, acting with intent or (criminal) omission.

7. Duration of the contract and its cancellation

1. The contract with NOWATELL about the appropriate use of the internet-portal is signed for a period of 12 months, unless the text of the agreement says.

2. The contract can be cancelled one month before its expiration date. Otherwise the contract is prolonged «by default» for the next year correspondingly. In case of further cancellation see sentence 1 of this paragraph.

3. The contract can be cancelled without observation of the period for cancellation in case the parties have important reasons for that and come to an agreement. For example, it can occur when the enterprise cannot pay for the services even after the reminder from NOWATELL.

8. Jurisdiction, place of obligation performance

Unless no other special written agreements have been made, the place of obligation performance and consideration of the case is held in the location of NOWATELL (Dresden).

9. Effect of the contract

NOWATELL provides all services agreed according on the basis of the general conditions of the contract signed. They have exclusive force, any conditions objecting them are not considered, unless NOWATELL has in writing agreed to them.

These general terms of making a treaty also have force in cases, when NOWATELL accepts bail of such objecting conditions, knowing about them.

NOWATELL can change these general conditions of making a treaty during a period, enough for informing all parties concerned. In case the enterprise doesn’t object the changes, made during a sufficient period of time by NOWATELL, the change is considered to be accepted. The sufficient period of time is considered to be one month since the message was delivered. NOWATELL notifies enterprises that a change comes into force unless they do not object it during the established period of time. A text form of the message is enough for an enterprise. Complete text of general terms of signing an agreement with NOWATELL is represented in the site www.nowatell.com.

10. Reliability trial

The enterprise agrees that the company NOWATELL of the holding SCHUFA HOLDING AG, located: Kormoranweg 5, 65210 Wiesbaden, or serving enterprises, providing similar services on reliability trial, get reference data on this matter from it. It allows the company NOWATELL of the holding SCHUFA and these serving enterprises to transmit data on delays of payment according to the contractual schedule according to the Federal law about protection of data, after estimation of all interests, involved into the situation.

SCHUFA and these serving enterprises store and transmit the data to their partners in the internal market of the EU, so that this information could be used for assessment of credit ability of physical persons. Contracted partners of SCHUFA and these serving enterprises are, firstly, credit institutions, societies, dealing with credit cards and leasing. Besides, SCHUFA and these serving enterprises provide reference data on trading enterprises, enterprises in the sphere of telecommunications and similar, who provide services and credit supplies. SCHUFA and these serving enterprises have access to personal data in case when there is a legal and reasonable interest to it. To reveal debtors, SCHUFA and these serving enterprises announce address data. At possession of reference data SCHUFA and these serving enterprises can provide their partners with the volume of the estimate risk on this credit, counted basin on their data array (ball method). The enterprise can get a reference document from SCHUFA and similar enterprises, containing the data about this enterprise itself.

11. Absence of responsibility for exterior links

As the site of NOWATELL www.nowatell.com contains links to sites of third persons (so called “exterior links”), the responsibility for this site stays with their owners or the enterprises, and is not assumed by NOWATELL.

NOWATELL cannot influence topical and potential organization or content of sites, which one can access from the site of NOWATELL. That is why NOWATELL absolutely distances itself from any content of exterior links, located at its homepage.

Permanent control of exterior links when there are no data on law violation is unacceptable for NOWATELL. However, in case the company is informed about the case of law violation, such exterior links are immediately removed from the site.

This explanation is in force for all exterior links, located in the homepage of NOWATELL.

12. Application of the German law

Parties agree on exclusive application of the German law.

13. Copyright / Patent right

Copyright on images and articles in the homepage of www.nowatell.com mainly stays with the corresponding provider. That is why they cannot be copied or published without the permission of the corresponding provider. Regarding images and articles owned by NOWATELL, they cannot be copied or published without the permission of the company NOWATELL. In case NOWATELL publishes images and/or articles, whereas the copyright stays with third parties, NOWATELL places links to certain copyright holders in the page «Impressum» (Date line) in its homepage. Copying or publication of these images and articles is not permitted without preliminary approval by the copyright holders.

14. The manager on data protection

The manager on data protection /the post of responsibility:
Nowatell GmbH
Caspar-David-Friedrich-Str. 10
01219 Dresden
This e-mail address is being protected from spambots. You need JavaScript enabled to view it

15. Final statements (updates)

Changes, additions and additional agreements to these general terms of contract signing are made in writing, excluding the cases when the general terms are changed from the side of NOWATELL, in accordance with p.9 of these general terms of contract signing, when a message from NOWATELL in the text form is enough.

16. Remark about keeping of the contract effect

In case some conditions from these general terms of contract signing are (or have become) invalid, it doesn’t influence the effect of other conditions.

23.06.2009