General Terms and Conditions of Use and Business of AutoDo GmbH.
§ 1 Scope of GTC
1.1 The following General Terms and Conditions regulate the use of the services offered by AutoDo GmbH. Deviating, conflicting or supplementary General Terms and Conditions of Use shall not form part of the contractual relationship with AutoDo GmbH, unless AutoDo GmbH expressly agrees to their validity in writing. Any conflicting General Terms and Conditions of Use are hereby expressly rejected.
1.2 These GTC apply to all future business relations, even if they are not expressly agreed.
1.3 Any deviating agreements in a separate written order take precedence over the provisions of these GTC.
§ 2 Services
AutoDo GmbH offers vehicle manufacturers and dealers a wide range of services in connection with marketing their vehicles on the Internet.
Among other things, vehicle manufacturers and dealers have the opportunity to participate in the AutoDo vehicle database which, as an online system, can be used as a sales workplace.
It is also possible to enter a limited number of advertisements (max. 500 per sales office) in the Internet vehicle database of AutoDo! and to make use of further extensive Internet services. Depending on the agreement and the subject matter of the contract, the data will be passed on to other automobile exchanges.
However, the subject matter of the service primarily arises from the content of the concrete order.
§ 3. Prices and Price Changes
3.1 Unless otherwise agreed in writing, the services shall be used on the basis of the AutoDo GmbH price list applicable at the time. The prices shown in the price list are net prices. They do not include the value-added tax applicable after the performance of the service.
3.2 The user will be informed by AutoDo GmbH of price adjustments during the term of the contract at least 4 weeks before they take effect. In this case, the user has the right to terminate the contract without notice effective at the time the price increase takes effect. The termination must be received in writing by AutoDo GmbH no later than 2 weeks after announcement of the price change. If the user continues to use the services of AutoDo GmbH after the price change comes into effect, he agrees to the price change. The account is then settled on the basis of the changed prices.
§ 4 Payment
4.1 The fees are calculated monthly with a payment term of 10 days. If a SEPA Direct Debit Mandate has been issued, the amount is debited on the first banking day of each month.
4.2 The user is not entitled to offset counterclaims against payment claims of AutoDo GmbH, unless the counterclaims are undisputed or have been determined by a court of law.
§ 5 Termination, Renewal Fee
5.1 The contract can only be duly terminated by both contractual parties at the end of the minimum contract term. The term of the contract and the periods of notice result from the respective order, unless otherwise agreed. The contract is extended by another 6 months in each case, unless it is terminated with a notice period of four weeks at the end of the minimum contract term.
5.2 Notice of termination must in any case be given in writing or by sending an e-mail to support (a) autodo.de.
5.3 Each party is entitled to terminate the contract without notice for good cause. The right to termination without notice remains unaffected and arises in particular if the customer is in default for two consecutive months with the payment of the agreed fees or a not insignificant part thereof or if he is in default with the payment of the prices over a period of more than two months for an amount that reaches the monthly price for two months. In the above cases, AutoDo is also entitled to refuse access to the available services in whole or in part.
5.4 In the event that the contractual relationship between the parties is resumed after termination of the contract, AutoDo is entitled to charge a renewal fee in accordance with the current price list.
§ 6 E-mail enquiries via ADcontacts!
The user agrees that all e-mails sent to the AutoDo! e-mail quality system (ADcontacts!) that are received from non-verified contact forms of the vehicle exchanges or that do not contain a direct vehicle enquiry (e.g. unsolicited offers or e-mails containing viruses) are irretrievably deleted by AutoDo!.
§ 7 Data Protection
The user is aware and agrees that the data provided by him will be stored electronically in compliance with the data protection laws applicable in the Federal Republic of Germany and will only be passed on to the corresponding partner exchanges.
§ 8 Copyrights and Rights of Use, Advertisements
8.1 All information, trademarks, texts, programmes, images and logos created or processed by AutoDo GmbH are protected by copyright and are subject to the exclusive right of use of AutoDo GmbH. Further processing and use in all types of media is only permitted with the prior written consent of AutoDo GmbH. Excluded from this is the overview of new and used cars of AutoDo's own vehicles, which every customer may install in his own homepage without consulting AutoDo GmbH.
8.2 The advertisements designed by AutoDo GmbH become the intellectual property of AutoDo GmbH. They may not be further processed on other websites or in other media, neither individually, nor in their entirety without the written consent of AutoDo GmbH, which requires the written form. Any further processing and use in media of all kinds is only permitted with the prior written consent of AutoDo GmbH.
§ 9 Liability
9.1 The vehicle data is optimised by AutoDo GmbH in the interest of the users. The user must check the processed data immediately after publication and raise any objections with AutoDo GmbH. Otherwise, the processed version shall be deemed to have been approved.
AutoDo GmbH is not liable for damages caused by advertisements appearing modified through no fault of AutoDo GmbH. AutoDo GmbH is not liable if advertisements are deleted at a certain time through no fault of AutoDo GmbH. AutoDo GmbH assumes no liability for damages that arise because advertisements are not, or are not completely, transmitted to the partner exchanges.
9.2 AutoDo GmbH merely transmits information. The user is solely responsible for the correctness and completeness of the data entered or imported, including images, logos and other graphic templates. The same applies to the acquisition of rights to this data. AutoDo GmbH is not obliged to check the content made available by the user, in particular not as to whether it is suitable to achieve the purpose pursued with the advertisement.
The user releases AutoDo GmbH from any liability with regard to copyrights and other rights of use of third parties that may be violated by the publication of the data provided by the user.
AutoDo GmbH is not liable if the data published by it is passed on, changed, duplicated, used, deleted or processed in any other form through no fault of its own and/or without approval. In particular, AutoDo GmbH is not responsible if the data transmitted to partner exchanges on behalf of the user is passed on to third parties - e.g. web crawlers or search engines - on the basis of the rights granted by the user himself. In this respect, the user expressly indemnifies AutoDo GmbH against third-party claims arising from the unauthorised transfer and/or modification of the data.
When the vehicle data are to be retrieved from other databases (e.g. DAT-Schwacke), only standard equipment features are available. The user must inform AutoDo GmbH separately of any special equipment features.
The data is stored on an external server in a central data centre. AutoDo GmbH therefore accepts no liability for computer system failures through no fault of its own.
9.3 AutoDo GmbH provides the user with personalised access codes for the use of the AutoDo vehicle database. The user must ensure that only authorised users have access to the database and that the access codes are not passed on to third parties. AutoDo GmbH is therefore not liable for the misuse of access codes by third parties.
9.4 In principle, AutoDo GmbH is only liable for damages to the user that AutoDo!, its legal representatives or vicarious agents have caused intentionally or through gross negligence, or that are caused by the violation of an obligation by AutoDo! that is of essential importance for the achievement of the contractual purpose.
9.5 Except in cases of intent or gross negligence, any liability shall be limited to the amount of damages typically foreseeable at the time the contract was concluded.
9.6 The aforementioned exclusions and limitations of liability do not apply in the case of express guarantees by AutoDo GmbH and in cases of damages resulting from injury to life, limb or health as well as in the cases of mandatory legal regulations.
§ 10 Changes to the General Terms and Conditions of Use and Business
AutoDo GmbH reserves the right to amend or supplement these General Terms and Conditions of Use and Business, provided that such amendments or supplements are reasonable for the user, taking into account the interests of AutoDo!.
AutoDo! will notify the user in writing or by e-mail of any changes to the General Terms and Conditions of Use and Business. The amended General Terms and Conditions of Use and Business shall become part of the contract of use that exists between AutoDo GmbH and the user, unless the user objects in writing to the validity of the amended General Terms and Conditions of Use and Business within four weeks after receipt of the notification from AutoDo! Failure to object is therefore regarded as consent to the amendment of the existing contract of use. If the user objects in due time, AutoDo GmbH is entitled to terminate the contract 2 weeks after the supplementary Terms and Conditions have been announced.
§ 11 Place of Performance and Jurisdiction
These General Terms and Conditions of Use and Business as well as all legal relationships between AutoDo GmbH and the users shall be governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
The exclusive place of jurisdiction for all current and future claims arising from the business relationship with a merchant within the meaning of the German Commercial Code, including bills of exchange and cheques receivable, shall be Burgdorf. Furthermore, Burgdorf shall be deemed to be the place of jurisdiction if the user does not have a general place of jurisdiction in Germany or if he moves his place of residence abroad after conclusion of the contract.
§ 12 Final Provisions, Severability
Should individual provisions of these General Terms and Conditions of Use be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The invalid provisions shall be replaced by such valid provisions which first and foremost correspond to the invalid provisions as closely as possible and secondly and to the statutory provisions.
As of: January 2017