General terms and conditions of business
General terms and conditions of business for the use of individual portals of the brand GloMaP.com , Hamburg. Version: 1st August 2010
The general terms and conditions of business applicable to the use of the services of GloMaP.com are set out below. If you have any questions, please send us an e-mail to email@example.com. Please read the information below carefully. Any contradictory terms and conditions of business only apply if GloMaP.com has accepted these in writing. GloMaP.com reserves the right to make changes to these general terms and conditions of business at any time.
CK Technology Solutions GmbH owner of the brand GloMaP.com (hereinafter referred to as ‘GloMaP.com.’) provides, over the internet, individual, private, virtual e-sourcing portals (= portals) to parties (hereinafter ‘users’) who can use these as communication systems in procuring logistics services. The users are clients of GloMaP.com and charge GloMaP.com with the task of setting up such a portal for use. In respect of transportation and logistics service providers, freight carriers, shipping companies and others involved in transportation (contractors or suppliers), they act as clients and use the portal to initiate freight transactions and/or for the procurement of freight and transportation/logistics services.
The services of GloMaP.com are available to those who have procured a portal for use from GloMaP.com as well as to the invited and approved service providers (suppliers). Only these authorised suppliers can participate in tender invitations of the client on the portal provided to him for use. (Closed user group).
2. Commission fee
2.1 For the setting up of the portal for a user, GloMaP.com is entitled to a licence fee, a maintenance fee, a URL/SSL fee and a fee for connection and training of users on this portal, provided no other agreement has been reached. These fees are payable by the user provided no other agreement has been reached.
2.2 For freight/transportation services set up on the portal and/or logistics invitation to tender performed via the portal, GloMaP.com is entitled to a commission and/or project fee which, unless otherwise agreed, is to be paid in the form of a rate of commission or as a flat-rate fee. Unless otherwise agreed, the commission due is to be paid in euros. The level of the commission is set in the individual agreement in each case. The invoice amount is payable within 10 days of date of invoice provided no individual payment conditions have been agreed.
2.3 If, exceptionally, the contractor is subject to obligatory commission, he and the client are obliged to inform GloMaP.com immediately about all transportation/tender invitations actually performed and which arise from the closed transportation agreements using the portal.
3.1 GloMaP.com is liable to users of the portals only in the event of intent or gross negligence. The obligation to compensate for damages is limited in each case to a maximum total of twice the commission of the transaction in question.
3.2 GloMaP.com assumes no liability for the accuracy of data of third parties or for the proper fulfilment of contracts arising from offers on a portal of GloMaP.com. If claims are made by third parties against GloMaP.com in relation to data of the client, the client undertakes to indemnify and hold harmless GloMaP.com from these claims and all costs involved in defence against such claims.
3.3 GloMaP.com cannot guarantee continual, uninterrupted or completely secure access to its services. GloMaP.com therefore assumes no liability for interruptions or faults in technical provision of its services or any possible impairment of user systems.
3.4 GloMaP.com undertakes to observe the relevant data protection regulations.
4. Application by the client
4.1 GloMaP.com supports the client with its expertise as a logistics adviser and helps in setting up the portal for use and performing the respective tender invitations.
4.2 No description, detail or specification given by the client relating to freight or a tender invitation on a portal set up and provided by GloMaP.com is to be deliberately misleading or fraudulent or violate the copyright, patent rights, trademark rights, trade secrets or other proprietary rights or rights under public or private law of third parties. There must be no violation of the law, statutes or regulations, import or export regulations, consumer protection laws, fair trade or anti-discrimination regulations.
5. Application by the contractor
5.1 To use the portal of a client, a contractor must be a registered member of a portal. All registered members receive an ID number and a user name from GloMaP.com on behalf of the client.
5.2 All registered contractors may bid for the freight/tender invitations made visible to them by the client.
5.3 The setting of time limits for access by client/GloMaP.com is possible.
5.4 In no case is GloMaP.com liable for freight and/or cargo. Neither does GloMaP.com assume any other liability for freight/cargo risks.
6.1 Notifications are deemed issued immediately upon the sending of an e-mail. This does not apply where the sending party is notified that the e-mail address of the recipient is not ready or able to receive e-mails.
6.2 All agreements between the parties to the contract must be made in writing to be effective. All changes and additions to agreements, including the annulment of the requirement of the written form, must in turn be made in writing. Notifications by e-mail are deemed to fulfil this requirement of the written form.
7. Severability clause and place of jurisdiction
7.1 If a stipulation of the contract or of these general terms and conditions of business becomes ineffective, the remaining stipulations of the contract or of these general terms and conditions of business are not affected.
7.2 If the client and/or contractor is a businessman within the meaning of the German Commercial Code, the place of jurisdiction deemed agreed for all transactions between GloMaP.com on the one hand and contractors and/or clients on the other hand is Hamburg. The applicable law is German law. Clients and contractors are of course free to make their own agreements on place of jurisdiction and applicable law for transactions agreed among them. It is expressly stated that the applicable law section of these terms and conditions of business does not apply to these transactions.