TERMS OF SERVICES
All services provided by PREDICTA | ME GmbH in the following PREDICTA | ME are only carried out on the basis of the applicable price list and the general terms and conditions. Existing terms and conditions of the customer are not accepted by PREDICTA | ME and do not apply to the contractual relationship between PREDICTA | ME and the customer. This also applies if the terms and conditions of the customer were not expressly objected to after they were sent. The acceptance of the services performed by PREDICTA | ME by the customer shall be deemed acknowledgment of these Terms and Conditions at the same time and hereby presumed waiver of the validity of his own terms and conditions. Special agreements must be made in writing. It always applies at the time of conclusion of the contract valid version of the general terms and conditions.
The prices of PREDICTA | ME are non-binding, unless otherwise stated in the offer. The prices stated in the respective offer of PREDICTA | ME always apply.
The services of PREDICTA | ME are exclusively for the support of the customer in a project that the customer carries out on his own responsibility. PREDICTA | ME assumes no responsibility for a particular result in connection with the provision of the service. Contractual partners of PREDICTA | ME are exclusively entrepreneurs within the meaning of § 14 BGB. There are no contracts with consumers.
Conclusion of the contract, duration of the contract and termination
The contract for the provision of the agreed service comes about by the signature of the customer. The request of a potential customer to make an offer is not obliged to comply with PREDICTA | ME. The contract begins with the date of the signature. The duration of the contract, the period of notice and any automatic renewal will be determined individually, depending on the scope of service. The contract period is based on the agreed term, which is linked to the PREDICTA | ME package booked in each case. All booked services can be canceled free of charge up to 7 days before the beginning of the service period. Cancellation up to 24 hours before the beginning of the service period will result in a cancellation fee of 50% of the price attached to this service package. In case of later cancellation the full price will be charged.
A contract is only concluded by written confirmation of the commissioning by PREDICTA | ME. If the service is provided by PREDICTA | ME without the customer having received an order confirmation beforehand, the contract is concluded at the commencement of the execution of the service.
Termination by PREDICTA | ME may be for good cause, in particular
in the event of filing for bankruptcy or opening of insolvency proceedings against the client's assets or refusal to open insolvency proceedings over the client's assets for lack of assets;
in the case of foreclosures in the assets of the customer;
in case of default of the customer in the settlement of due remuneration claims to the PREDICTA | ME;
in the case of transmission of data for applicant and / or employee analyzes by the customer, which violate legal provisions and / or rights of third parties;
in case of breach of the Customer's obligation to cooperate
General duty of cooperation of the customer
The customer has to ensure that all necessary contributions and information are provided. Data carriers that the customer makes available must be in perfect form and technically sound. If this is not the case, the customer PREDICTA | ME replaces all damage resulting from the use of this data medium. If a customer does not provide a necessary obligation to cooperate, not in time or to the extent required, the consequences resulting from this must be borne by the customer. If certain data, documents, deadlines that are important for the agreed performance are not provided, withheld or not passed on, the customer is solely responsible. PREDICTA | ME is not liable for the culpable failure of the customer.
Customer access to the PREDICTA | ME online portals is password protected and is only available to registered users. Users are all employees of the customer and all other employees who act on behalf of the customer and are authorized to do so. The customer shall ensure that the users registered in his name and order comply with the rules agreed in these terms and conditions.
There is no legal claim to registration by PREDICTA | ME. PREDICTA | ME is entitled at any time to revoke the access authorization of certain users by blocking the access data, without the need for reasons, in particular if the customer or the user does not settle his bill, made in the registration false information, against these Terms or has violated his contractual obligations or his due diligence in dealing with the access data.
In the event of registration on PREDICTA | ME online portals, the customer is obliged to provide correct and complete contact details, in particular address, telephone number, e-mail address, postal address, company and contact person. By registering, the customer guarantees that the information he sends to PREDICTA | ME in the course of his registration or in other interactions is correct and complete and that he does not provide any false or inadequate information about his identity and / or his representation third person makes. If the customer uses inaccurate contact information, in particular wrong name, e-mail address, postal address or other false information, as part of the registration on PREDICTA | ME online portals, he is fully liable for this and must indemnify PREDICTA | ME for damages incurred as a result. Changes to the name or the e-mail address must be communicated by the user to PREDICTA | ME without delay. The user must also ensure that the e-mails sent to the e-mail address provided by him are sent to him.
The customer is obliged to carefully store his access data (user name, password) obtained during the registration on PREDICTA | ME online portals. The customer is not entitled to pass on or transfer these access data to third parties or to make them accessible by other means. If the customer has intentionally or negligently caused the use of his access data by a third party, he shall indemnify PREDICTA | ME from any damage caused by the unauthorized use of the access data. If the customer becomes aware that third parties misuse the user data, he must notify PREDICTA | ME immediately. In this case the user data will be blocked immediately by PREDICTA | ME.
The customer can demand the deletion of the user data at any time. The deletion must be requested in writing or by telephone. In the event of deletion, PREDICTA | ME will delete all user data and all other personal data stored as soon as they are no longer needed. Unaffected, PREDICTA | ME reserves the right to store analysis results in anonymised form for research and quality assurance purposes.
PREDICTA | ME is entitled not to execute orders placed by the customer due to their content and / or their form and / or their technical design and / or to remove already performed evaluations. This applies in particular if the content of the order placed by the customer is contrary to legal and / or official regulations and / or against the good customs and / or abusive and / or the publication of the evaluations transmitted by the customer for PREDICTA | ME for other reasons unreasonable. The customer's obligation to pay remains unaffected. PREDICTA | ME is obliged to remove such content transmitted by the customer only within the scope of the legal provisions and / or at the request of the customer. Insofar as PREDICTA | ME is claimed for inadmissible content and / or other legal violations for which the customer is responsible, the customer is obliged to do exempt PREDICTA | ME from corresponding claims; this also includes the costs of legal action. The customer affirms that it only transmits data that it is entitled to use in compliance with all data and personal rights protection provisions.
Intellectual property rights and copyrights on all PREDICTA | ME online portals and on all analyzes remain with PREDICTA | ME. In particular, all trademarks, titles, copyrights, trademarks and other industrial property rights remain with PREDICTA | ME. No ownership rights, licenses or other rights in the online portals, analyzes and processes created or used by PREDICTA | ME are transferred to the customer.
Customer acknowledges that PREDICTA | ME's methods, analytical procedures and analysis processes and processes are secret information of PREDICTA | ME ("Secret Information") that enjoy competition (as trade and business secrets) and copyright protection. The customer hereby undertakes to keep secret information strictly confidential, not to reproduce it, not to disclose or disclose it to third parties and to use it exclusively in connection with the use of the portals and the analyzes. The duplication and use restriction also applies accordingly to copyrighted information that is no longer secret.
The customer is not permitted to print test content or to pass it on to third parties or duplicate it in any other way. He is also not allowed to modify the processes in any way, as well as to enter, store or send hyperlinks and content to which he is not authorized.Furthermore, the customer is prohibited from having the analyzes implemented or implemented in environments other than the test platform.
The remuneration is determined in a contract. All services are at the prices and special conditions of the respective service contract. The prices quoted are binding. Unless otherwise agreed in individual cases, the prices are "net", plus the legally required value added tax of z.Z. 19%.
All invoices are payable without deductions without exception within 14 days after receipt of the invoice by bank transfer or cash. Upon expiry of this period, default occurs without the need for a separate reminder. After exceeding the payment date, PREDICTA | ME is entitled to default interest of 9 percentage points p.a. without further reminder. above the base rate acc. Section 288 (2) BGB. The assertion of further damages due to delay remains reserved. PREDICTA | ME is entitled to suspend all services during the delay until full payment. Furthermore, PREDICTA | ME reserves the right to assign the claim to a collection agency.
PREDICTA | ME is entitled to first offset payments against older debts of the customer.If costs and interest have already arisen due to default, PREDICTA | ME is entitled to offset the payment first against the costs, then against the interest and finally against the main services.
If the workload is considerably higher than the estimates in the offer due to the customer's improper duty to cooperate, PREDICTA | ME is entitled to increase the remuneration accordingly.
The customer is obliged to check the delivered service within three days of receipt.Complaints are only accepted within this time. Should defects in the services provided by PREDICTA | ME be demonstrated which PREDICTA | ME is responsible for, PREDICTA | ME is entitled to remedy these deficiencies at its own expense.
The customer and PREDICTA | ME as well as possibly commissioned third parties are obliged to treat all information confidentially; the privacy secrecy in the sense of the BDSG is to be maintained.
Warranty and Limitation of Liability
PREDICTA | ME is liable only for intentional or grossly negligent culpable violations of the contract. The burden of proof of fault lies with the customer. The liability of PREDICTA | ME for consequential damages, pure financial losses, loss of profit, loss of interest and damages from claims of third parties is excluded. PREDICTA | ME assumes no liability for late delivery, transmission or registration of data due to technical faults, regardless of their originator.
PREDICTA | ME has no control over how the information presented in the offer and contract is used by the customer. Therefore, PREDICTA | ME can not be held responsible for any lost benefits, contracts or other direct or indirect damages that may arise from such information. It is also expressly stated that no particular success or result is due.
The customer must ensure that the user only uses the portals in such a way and carries out all analyzes only in the manner provided for in these terms and conditions, the contract and the corresponding instructions of the individual analyzes. If, for reasons for which PREDICTA | ME is not responsible, the user does not carry out the analysis, does not do so completely or does not do so honestly, there will be no reimbursement from PREDICTA | ME.
The customer is aware that due to maintenance work, security reasons or other reasons, temporary interruptions of the availability of the test platform may occur. If there is an interruption in the availability of the test platform for reasons beyond the control of PREDICTA | ME (for example due to power failure or disruption of the public communications network), PREDICTA | ME assumes no liability.
Warranty rights of the customer are further excluded with only minor deviation from the agreed condition or insignificant impairment of the usability of the service of PREDICTA | ME.
PREDICTA | ME is entitled to supplementary performance after justified complaint of defect. Only if the subsequent fulfillment fails, the customer is entitled to reduction or resignation. If the service is divisible, the customer is only entitled to rescind the corresponding partial service.
Unless otherwise stated above, the liability of PREDICTA | ME is excluded, in particular for
Damage caused by the loss and / or misuse of Customer's access data obtained during the registration process on the Online Portal;
The creation of contacts with suitable portal users based on the analyzes and / or other services;
Incorrect and / or incomplete and / or illegal content on pages linked to the Online Portal;
Obstacles of performance in the form of force majeure, war, natural disasters, traffic and operational disturbances, official measures and labor disputes.
Liability for links to other websites
With regard to the content of third-party websites that are linked to the PREDICTA | ME pages and on whose contents PRREDICTA | ME has no influence, PREDICTA | ME gives no guarantee. Responsible for the content of these pages is the respective operator. If pages of PREDICTA | ME are linked, these will be checked in advance and only linked, as long as no indications of possible legal violations are recognizable. However, there is no constant control of the respective pages and their contents. If there are concrete indications of an infringement on linked sites or if such PREDICTA | ME becomes known, the corresponding links will be removed immediately.
PREDICTA | ME is not liable for lost, damaged and incompletely received mail or e-mails. Even for timely dispatched mail and e-mails that still do not arrive on time, is - regardless of the causer - no liability. Resultant consequential damages are not recognized.
The parties are obliged to treat as confidential all information and data received from the other party under the contract and not to disclose it to third parties. This does not apply to information that is or has become generally available or that was demonstrably known at the time the contract was concluded. Companies, which are connected with a party within the meaning of §§ 15 AktG, are not third parties in this sense, as well persons and enterprises, which were commissioned for the fulfillment of the contract by a party and which are obligated to secrecy in the same way. This secrecy obligation continues after termination of the contractual relationship.
Data provided by the customer will be stored and processed in a machine-readable form in accordance with the provisions of the Data Protection Act for the purposes of contract execution. A passing on to third does not take place.
PREDICTA | ME is entitled to terminate the contract with immediate effect for important reasons. An important reason is the violation of the contract by the customer.
Changes and additions
Changes and additions must be in writing.
Jurisdiction is the seat of PREDICTA | ME. For these terms and conditions German law applies. The provisions of the Civil Code apply.
Invalidity, Invalid Provisions.
Should individual agreements of this contract be ineffective, the validity of the other contractual agreements and the purpose of the contract shall remain unaffected. Instead of the ineffective provision, the contracting parties undertake to agree on an effective provision that comes as close as possible to the meaning and purpose of the invalid provision.
The customer is not entitled to offset own claims, of any kind, against claims of PREDICTA | ME or in connection with the contract. In spite of any existing claims against PREDICTA | ME, the customer is not entitled to retain the fulfillment of his contractual obligations. The customer expressly agrees that as part of the provision of services by PREDICTA | ME personal data of PREDICTA | ME will be collected, stored, processed and used.