TERMS OF SERVICE
1.0 INFORMATION OBLIGATIONS IN ELECTRONIC BUSINESS TRANSACTIONS
The customer platform is operated by
Flexoptix GmbH
Mühltalstr. 153
D-64297 Darmstadt (hereinafter “FLEXOPTIX“)
For more detailed information, see the imprint at http://www.flexoptix.net/en/legal/imprint/.
2.0 DEFINITION OF TERMS
2.1 Customer platform: is the customer platform available at the domain www.flexoptix.net.
2.2 User: is the person who logs on to the customer platform.
2.3 Customer account: is the access to the customer platform set up by the user.
2.4 Customer: is the company in whose name goods and services are ordered.
2.5 Third parties: are any other natural persons or legal entities.
3.0 SCOPE OF APPLICATION
3.1 These terms of service shall apply to any users who logs on to the customer platform.
3.2 Only adults who are legally capable without limitation, and deemed companies within the meaning of § 14 German Civil Code as well as public clients (such as universities and municipalities) may create an account.
3.3 In addition to the following conditions, the General Terms and Conditions of FLEXOPTIX shall apply. Deviating general terms and conditions of the customers are hereby objected to.
4.0 CONTRACTUAL OBJECT
4.1 FLEXOPTIX enables users to access the customer platform via an internet connection. The user shall be responsible for creating the technical prerequisites necessary in the user's scope of responsibility for contractual use of the services.
4.2 The services provided for users on the customer platform generally include:
administration of own master data;
communication with FLEXOPTIX using unencrypted email;
creation of sub-logins for further users of the customer;
requesting quotes for goods or services;
administration of quote requests;
placing orders for goods or services and
administration of orders already placed.
4.3 FLEXOPTIX shall have the right to change the service offer (database content, structure of the database and user interface, etc.) if and as far as this does not impair the core services and this is reasonable for the user or customer under consideration of his interests.
4.4 Availability of the customer platform is limited by required regular maintenance times and by those downtimes for which FLEXOPTIX is not at fault (e.g. force majeure, third-party actions, technical problems or changes to the legal situation). FLEXOPTIX will strive to affect users as little as possible while performing maintenance work.
5.0 REGISTRATION AND CONCLUSION OF CONTRACTS
5.1 Free registration is required to use the customer platform. Registration of the user is a binding request to conclude a contract.
5.2 For proper identification of the user the following information is required:
complete name of the customer, including the legal form;
complete summonable address of the customer;
valid email address of the customer;
if present, VAT ID of the customer;
complete name of the user (natural person);
valid email address of the user;
if applicable, email address to receive electronic invoices by unencrypted email;
phone number of the user.
5.3 After submitting the registration form, FLEXOPTIX will verify the user's email address to protect against abusive registration. Via the so-called double opt-in procedure, the user will receive an email with a verification link. In order to complete the registration process, the user must click this link. After a period of 30 days, the registration will expire and the entered data will be erased.
5.4 If authorized third parties (FLEXOPTIX, already-registered users of the customer or independent trading partners of FLEXOPTIX) perform the registration for the user, he will receive the confirmation email according to item 5.3 directly.
5.5 The contract between the customer and FLEXOPTIX shall be concluded after confirmation of the double opt-in by the user.
6.0 OBLIGATIONS OF THE USER, LEGALLY VALID AUTHORIZATION
6.1 The user commits to providing complete and true information for any details required for registration. The user shall be solely responsible for the content and accuracy of the information. If any changes to the provided data occur during the term of this contract, the user must correct the information without delay in his personal settings on the customer platform. If he is unable to do so, he must inform FLEXOPTIX of the changed data by email without delay (order@flexoptix.net).
6.2 The user must ensure, subject to his own responsibility, that he is effectively authorized to set up the customer account effective for and against the customer. At the same extent, he shall ensure that he is effectively authorized to order goods or services effective for and against the customer.
6.3 Regarding the personal data of other users of the customer, he shall ensure, subject to his own responsibility, that he has the right to use this information for opening sub-logins (additional users) under data protection law.
6.4 In the same manner, the user shall ensure that he is entitled to store personal data of third parties in the customer platform.
6.5 The user shall keep the login credentials to the customer platform secret and store them securely, and must not make them accessible to any unauthorized third party.
6.6 It shall be the user's responsibility to ensure that his access to the customer platform and use of the services available on the customer platform will only take place through him or the persons authorized by him. If it is suspected that unauthorized third parties may have gained knowledge of his login credentials, he must inform FLEXOPTIX without delay.
7.0 RESERVATION OF THE RIGHT TO MAKE CHANGES
7.1 FLEXOPTIX reserves the right to change the services offered free of charge on the customer platform or to offer different services, except if this is not reasonable for the user or customer.
7.2 FLEXOPTIX further reserves the right to change the services offered on the customer platform or offering deviating services,
(a) as far as FLEXOPTIX is obligated to make the offered services correspond to applicable law, in particular if the applicable law changes;
(b) as far as FLEXOPTIX meets a court ruling or authority decision targeted against it;
(c) where the respective change is necessary to close existing security vulnerabilities;
(d) if the change is only beneficial for the user or customer; or
(e) if the change is purely technical or procedural in nature, without any essential effects for the user or customer.
7.3 Changes that only have an inessential influence on the functionality of the customer platform shall not be deemed changes within the meaning of the above items. This shall specifically apply to changes of a purely graphic nature and the mere changes to the arrangement of functions.
7.4 FLEXOPTIX reserves the right to change these terms at any time without stating reasons, except if it is not reasonable for the user or customer. FLEXOPTIX will inform the user about any changes to the terms in time. If the user does not consent to the new terms, further use of the customer platform is excluded. FLEXOPTIX will inform the user of the consequences of refusal in the notice.
7.5 FLEXOPTIX further reserves the right to change these terms,
(a) if the change is only beneficial for the user or customer;
(b) if the change is purely technical or procedural in nature, except if there are any essential effects for the user or customer.
(c) as far as FLEXOPTIX is obligated to make the terms correspond to applicable law, in particular if the applicable law changes;
(d) as far as FLEXOPTIX meets a court ruling or authority decision targeted against it; or
(e) as far as FLEXOPTIX introduces any additional, entirely new services, offers or service elements that require a service description in these terms, except if the previous contractual relationship is affect adversely by this.
The new usage terms can be accessed on the customer platform.
7.6 The right to termination according to item 9.0 shall not be affected.
8.0 COSTS
8.1 General use of the customer platform is free of charge.
8.2 Before ordering any goods or services subject to fees, the user will be informed about the arising costs.
9.0 DURATION OF THE CONTRACT, TERMINATION, ERASURE OF DATA
9.1 The contract shall commence on the day of activation of the customer account.
9.2 The contract shall be concluded for an indeterminate period of time. It may be terminated at any time with a period of notice of one (1) working day if there is no order pending.
9.3 This shall not affect extraordinary termination for cause by either party. Cause for extraordinary termination shall be present if continuation of the contract relationship until the end of the contractual period of notice is not reasonable for the terminating party under consideration of all circumstances of the individual case and under consideration of the interests of both parties.
9.4 Termination towards FLEXOPTIX shall be stated in text form.
9.5 Upon entering into effect of the termination, the contractual relationship and the access to the customer platform will be blocked.
9.6 FLEXOPTIX will delete or anonymize any personal data generated in the scope of use irretrievably at the end of 30 days after the effective termination date and after the end of any statutory archiving periods.
10.0 BLOCKING ACCESSES, RETENTION RIGHTS OF FLEXOPTIX
10.1 FLEXOPTIX has the right to temporarily or permanently block access to the customer platform, if there are any specific indications that the user violates these conditions and/or applicable law or if FLEXOPTIX has any other legitimate interest in doing so. FLEXOPTIX will consider the legitimate interests of the user appropriately in its decision.
10.2 In case of temporary or permanent ban, FLEXOPTIX shall deactivate the customer account and inform the user about this by email.
11.0 WARRANTY AND LIABILITY
11.1 FLEXOPTIX shall only be liable for the services provided free of charge, if the user or customer incurs any damage due to the contractual use of the free contents and/or services, and only in case of intent (including malice) and gross negligence of FLEXOPTIX.
11.2 Apart from this, the warranty and liability shall be according to the legal provisions.
12.0 DATA PROTECTION
FLEXOPTIX shall treat personal data confidential and according to the statutory data protection provisions. For more details on this, see the privacy policy at https://www.flexoptix.net/en/legal/data-protection/
13.0 APPLICABLE LAW, CHOICE OF JURISDICTION, CONTRACTUAL LANGUAGE
13.1 Any legal relationships between the parties shall be subject to the law of the Federal Republic of Germany, under exclusion of the laws on international purchase of movable goods. For consumers, this choice of law shall only apply as far as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his common place of residence.
13.2 If the customer is an entrepreneur, legal entity of public law or public-law special fund, the exclusive place of jurisdiction for any disputes from this contract shall be the place of business of FLEXOPTIX. This shall apply accordingly if the customer has no general place of jurisdiction in Germany or the EU or if the place of residence or common place of abode is not known at the time the claim is raised. The right to call on a court in any other statutory place of jurisdiction shall not be affected by this.
13.3 The contractual languages available are German and English.
As of: May 2018