1 Scope, general
1.1 These general terms and conditions apply to all present and future business relationships (including their initiation) between Beuth Verlag GmbH, Saatwinkler Damm 42/43, 13627 Berlin (“Beuth”) and the customers of Beuth Verlag ("Customer") in respect of agreements governing the use of Beuth products offered by Beuth. They also apply for customers who are consumers according to § 13 BGB [Bürgerliches Gesetzbuch; German Civil Code].
1.2 Products are, for example, technical rules (in particular DIN Standards and technical rules issued by other bodies), periodicals, books (including Handbooks) or other publications, as well as database works, databases, software and other content offered by Beuth in electronic form (PDF, eBook) or as hard copy, individually or as a collection, on data carriers, by download or online access, obtained through individual orders, online services, update services, data services, loose-leaf publications or other means. The products within the meaning of these general terms and conditions also include services in connection with the products, such as consultancy services, the procurement of technical rules or data, data processing or other services, as well as the seminars, conferences, courses, workshops, webinars, eLearning modules or other training services offered by the DIN Academy.
1.3 Concrete details in respect of the price, terms and conditions and technical aspects of the respective product ordered by the Customer will be agreed by separate agreement or incorporated in the agreement in the same way as these general terms and conditions or - if the Customer is not a consumer - notified to the Customer before he places his order (“additional terms and conditions”). The additional terms and conditions supplement the general terms and conditions for the respective product and have priority over these.
1.4 The terms and conditions of Beuth (general terms and conditions and additional terms and conditions) apply to the exclusion of all others. Deviating, contrary or supplementary general terms and conditions of the Customer must only form part of this agreement if and to the extent that Beuth has expressly given its written consent to their being applicable. This requirement to provide consent applies in each and every case, even, for example, if Beuth performs the service for the Customer without reservation in the knowledge of the general terms and conditions of the Customer.
1.5 Any special agreements with the Customer concluded in individual cases (including collateral agreements, supplementary agreements or modifications) have priority over these general terms and conditions and the additional terms and conditions. Provided there is no evidence to the contrary, a written contract or the written confirmation of Beuth is decisive for the content of such agreements.
1.6 Indications in respect of the application of statutory regulations are for the purposes of clarification only. Thus, even without such clarification, the statutory regulations apply in-sofar as these are not directly modified or expressly excluded in these general terms and conditions or the additional terms and conditions.
1.7 Legally relevant declarations and notifications that are to be submitted after conclusion of the contract between the Customer and Beuth (e.g. fixing of deadlines, notifications of defects, notices of cancellation or reduction), must be in text form to be valid.
1.8 In the case of continuous obligations (e.g. online services, update services, subscriptions, etc.), Beuth reserves the right - with the exception of the provisions governing payment and the scope of services, which may, where appropriate, be modified by specific provisions - to modify the general terms and conditions and/or the additional terms and conditions insofar as this is necessary for objective reasons (e.g. to adjust to changes in legal, organizational, or technical circumstances or for other equivalent reasons) and does not constitute an unreasonable disadvantage for the Customer. The Customer must be informed appropriately in text form at least one month in advance. Within one month after notification, the Customer has the right to cancel the contract which is affected by the changes to take effect as of the time the change comes into force (special right of cancellation). If the Customer does not exercise his special right of cancellation and if he was informed about the legal consequence of this in the notification concerning the change, the respective contract will be continued with the modified provisions.
2 Conclusion of contract
2.1 Offers from Beuth, in particular the content on the websites of the Beuth Webshop or other online services, shall be subject to change and be non-binding. This shall also apply if Beuth has provided the Customer with catalogues, technical documentation (e.g. drawings, plans, calculations, estimates, references to DIN Standards), other product descriptions or documents – including in electronic form. Only the customer order shall be a binding offer of contract.
2.2 If the Customer makes an order via the internet, he can choose products from the range on offer and collect them in a so-called shopping basket using the button “Into basket”. Via the button “Submit order”, the Customer makes a binding offer to order the products in the shopping basket. The Customer can change the data provided when placing the order at any time before he sends the order. When sending the order, the Customer accepts the general terms and conditions, including the additional terms and conditions, which apply for the ordered product. At this point, Beuth will send an order confirmation via e-mail to the Customer in which the order of the Customer is once more indicated and which the Customer can print out.
2.3 The contract is only concluded when Beuth accepts the offer of contract from the Customer. Beuth will declare acceptance by sending the order confirmation via e-mail, by sending access data for the online service, by provision of the ordered product for shipment or download, or by beginning the provision of services. The text of the contract (consisting of the order, general terms and conditions, additional terms and conditions, and order confirmation) will be sent to the Customer by Beuth on a permanent data carrier (e-mail or hard copy), in the order confirmation via e-mail or in a separate e-mail, however, at the latest at the time of delivery of the product.
2.4 The contract is concluded in the German language. Any version of the general terms and conditions or the additional terms and conditions in another language is for informational purposes only. Where there is a contradiction between language versions, the German version has priority.
3.1 Delivery will take place ex warehouse; this will also be the place of performance for the delivery and any subsequent performance. Upon request and at the expense of the buyer, the goods will be sent to another destination (sales shipment). Unless expressly agreed otherwise, Beuth has the right to determine the type of shipment (in particular, transport company, shipment route, packaging) in relations with customers who are not consumers.
3.2 In the case of a sales shipment, the Customer will bear the transport costs ex warehouse and the costs of transport insurance if such insurance is requested by the Customer. Any customs duties, fees, taxes, and other public charges will be borne by the Customer.
3.3 The risk of accidental destruction or accidental deterioration shall pass to customers who are not consumers at the time the sold item is handed over to the person or institution specified to carry out the shipment (“forwarding company”) (section 447, paragraph 1 BGB). The risk of accidental destruction or accidental deterioration shall only pass to consumers at the time the sold movable item is handed over to the forwarding company if the Customer commissioned the forwarding company to carry out the delivery and Beuth did not previously designate the forwarding company to the Customer.
3.4 If the Customer is not a consumer, Beuth retains title to the sold movable items until complete fulfilment of all claims arising from the entire business relationship with the Customer for whatever legal reason, and upon request of the Customer, Beuth shall, at its own choice, release securities to the extent and insofar as the realisable value of such securities exceeds the claims to be secured by more than 15 %. In relation with consumers, Beuth retains title to the sold movable items until full payment of the purchase price.
4 Download and user account
4.1 To the extent that the Customer orders products in electronic form (e.g. technical rules in pdf format or eBooks), Beuth will make the ordered product available for the user via the user account for one-time download (download) for a period of 30 days. Beuth will inform the Customer via e-mail about the provision and the direct link for download in the Customer’s account. If the Customer wishes to download the product after expiry of this period or if he wishes to download it again, he is obliged to order it and to pay for it again. To obtain access to the user account, the Customer must register with Beuth free of charge. With the provision of the product, it will be deemed to have been handed over and the responsibility of Beuth for data transmission will end.
4.2 The Customer is obliged to respect the usual principles of data security when using a user account, e.g. to keep passwords and access data secret, not disclose them to a third party, and protect them from unauthorized access by a third party, and to ensure that they are changed, where necessary, as well as prevent abuse of their own systems by a third party. The Customer will immediately inform Beuth if there are indications that the access data/passwords are known to an unauthorized third party.
4.3 If a user account is used with the Customer’s access code, the acts of use will be attributed to the Customer. An act of use is not attributed to the Customer insofar as he can prove that this act of use was not carried out by him and that he is not responsible for the abuse.
4.4 Software for displaying or searching the documents is not included in the delivery. The Customer must create the conditions to use the products ordered in electronic form at his own expense and risk.
5 Rights of use
5.1 The Customer acquires non-exclusive, non-sublicensable, and non-transferable rights of use for his own purposes subject to the condition of full payment of the remuneration due and payable, in accordance with the following provisions.
5.2 With regard to separately offered technical rules and other publications in electronic form, the Customer will acquire the right of internal use at a single workstation. Use includes long-term storage as well as making single individual hard copies within the narrow limits stipulated by copyright law. Beuth reserves the right to further limit the scope and number of copies and printouts in an appropriate manner; the Customer will be informed about the limitation when he orders the respective publication.
5.3 The use of technical rules and other publications for their own internal purposes within the intracompany network of the user requires the separate acquisition of a corresponding network licence. The scope of this licence is limited, with regard to its content, to the conditions stated in the network licence (e.g. number of employees and/or sites) and, with regard to time, to the term of the network licence.
5.4 In the case of online services and collections of publications on data carriers (e.g. collections of rules on CD/DVD), the Customer acquires the right to access the contents internally within the company, reading at a single workstation, and to search within the products. The use includes long-term storage as well as the making of single individual hard copies within the narrow limits stipulated by copyright law. Beuth reserves the right to further limit the scope and number of copies and printouts in an appropriate manner; the Customer will be informed about the limitation when he orders the respective products. Access by more than one person (multiple use) requires the acquisition of a company or multi-user licence which limits the access, with regard to its content, to the conditions stated in the licence (e.g. number of employees and/or sites). In the case of online services, the use is limited, with regard to time, to the term of the contract concerning the use of the online service.
5.5 Every use which exceeds the use described in clauses 5.1 to 5.4 above and which is not permitted by mandatory statutory regulations, requires the prior, separate, and express consent of Beuth in text form. This applies in particular to the passing on of the products or their contents as well as the granting of means of access to the products or their contents to a third party, the automated extraction of contents, the creation of systematic collections from the contents, the systematic processing of the products, contents, or search results, in particular by reproducing a part of the databases which is significant in terms of its type and scope, the removal of references to copyright, the making and use of translations or other forms of processing, the making and use of reproductions which are not for the exclusive use of the Customer himself, as well as any other form of commercial use which exceeds the provisions according to clauses 5.1 to 5.4 above, in particular, the commercial provision of information on the basis of the products. Beuth is entitled to take technical measures to prevent unauthorized use. The Customer is not permitted to use any means to overcome or circumvent these measures.
5.6 If the circumstances of the Customer which are relevant for the scope of the licence and which the Customer indicated when he purchased the licence (e.g. number of employees for a network or company licence) change, he shall immediately inform Beuth in writing about the changes in his circumstances.
5.7 At the time of expiry of a licence, the rights granted by the licence shall revert. If products or parts thereof are recorded on data carriers or hardware of the Customer and the Customer is no longer entitled to use them, the records are to be destroyed or completely deleted; the Customer shall confirm this destruction or deletion at the request of Beuth in writing to Beuth.
6 Prices and terms of payment
6.1 The payment to be made by the Customer is laid down in the additional terms and conditions applicable to the product ordered.
6.2 In the case of continuous obligations (e.g. online services, Standards Ticker, subscriptions, etc.), the Customer is obliged to make payment in advance each calendar year. Furthermore, payment is to be made in full once the invoice has been submitted and following delivery or acceptance.
6.3 In the event of delays in payment, a reminder fee of at least EUR 5,00 (unless the Customer can prove that no reminder cost at all or a substantially lower reminder cost than that set has been incurred), plus default interest at the statutory rate, will be charged. If the delay results in demonstrably higher costs for Beuth, Beuth is entitled to claim these additional costs.
6.4 In cases of delayed payment or where there is reason for Beuth to doubt the Customer's creditworthiness or ability to pay, (particularly due to stoppage of payment or insolvency) Beuth is entitled to suspend delivery or demand prepayment. In the case of prepayment the product will be delivered only after receipt of the full invoice amount.
6.5 Customers who are not consumers only have set-off or withholding rights insofar as their claim has been legally established or is undisputed. Where the service or works is defective, the counter-rights of the Customer remain unaffected.
6.6 In the case of continuous obligations (e.g. online services, update services, subscriptions, etc.), Beuth reserves the right to make changes to payment no earlier than the calendar year following that in which the contract was concluded
– insofar as the amount previously payable is not increased by more than 20% within one year and provided the increase corresponds to the increase in costs which Beuth incurs in connection with the production or sale of the products or services concerned (e.g. owing to higher personnel costs, higher costs for the infrastructure used, for licences used, subcontractors commissioned or similar costs) and which cannot be compensated by any cost savings that may have been incurred by Beuth; or
– insofar as the scope of the service has been extended and the increase is not proportionately higher than the extension of the scope of the service.
The customer shall be informed in text form about the increase in payment at least one month in advance. Within one month after notification, the customer has the right to terminate the contract which is affected by the changes to take effect as of the time the change comes into force (special right of termination). If the customer does not exercise his special right of termination and if he was informed about the legal consequence of this in the notification concerning the change, the respective contract that takes into account the change in the amount payable will be continued.
7 Product adjustment
7.1 In the case of continuous obligations, Beuth reserves the right to make changes to the product that is the subject of the contract, particularly to restrict the scope of the service or to make it dependent on higher system requirements:
– for the preemptive remedy of defects that may become known to Beuth with respect to the product and that are independent of its use by the Customer,
– to improve the product’s customer-friendliness,
– for licensing reasons,
– provided the aim of the contract is not or only negligibly affected on the part of the Customer,
– to adapt it to technological progress. The change made for the purpose of adapting it to technological progress assumes that the legal provisions or the technical or scientific findings which are of not only negligible importance for the purpose for which the product is typically used have undergone change.
7.2 In cases going beyond those in clause 7.1, Beuth reserves the right, in the case of continuous obligations, to change the product which is the subject of the contract only if Beuth notifies the customer of the change at least one month in advance. Within one month after notification, the Customer has the right to cancel the contract covering the provision of the product to take effect as of the time the change comes into force (special right of cancellation). If the customer does not exercise his special right of cancellation and if the Customer was informed about the legal consequence of this in the notification concerning the change, the contract will be continued with the changed product.
8.1 The statutory regulations shall apply for the rights of the customer in the case of defects in quality and title, unless otherwise agreed upon in these general terms and conditions, including the subsequent provisions or additional terms and conditions.
8.2 Beuth shall carry out the contractual performance with customary care in line with the requirements of a publisher. Content provided by Beuth with the products is largely based on that supplied by third parties. In these cases, Beuth shall not be liable for the accuracy, currency or completeness of this content or the selection made. If bibliographic data are used for a product of Beuth (e.g. for its availability or the time of the withdrawal or the replacement of a technical rule or other information concerning technical rules), the information which is registered by DIN Software GmbH in the DITR database (DIN-Software Informationsdienst über Technische Regeln [DIN Software information service on technical rules]) shall be decisive.
8.3 Beuth assumes guarantees for the quality of the services only if this is expressly agreed. Descriptions of the service in advertising materials, on the websites of the Beuth webshop or in the respective product documentation do not constitute a guarantee. In general, Beuth does not assume liability to customers who are not consumers for public statements made by the manufacturer or any other third party.
8.4 Beuth’s liability without fault according to section 536a, paragraph 1, Alternative 1 BGB for defects already existing at the time the contract is concluded shall be excluded.
8.5 With regard to customers who are not consumers, claims for defects become time barred within one year as of the beginning of the statutory limitation period. This does not apply to the customer’s claims for defects arising from an injury to life, body and health or for the liability for any damage based on a wilful or grossly negligent breach of duty by Beuth, their legal representatives, or vicarious agents.
9 Limitations of liability
9.1 In the case of a breach of contractual and non-contractual obligations, Beuth is liable in accordance with the statutory regulations, unless otherwise agreed upon in these general terms and conditions, including the subsequent provisions or additional terms and conditions.
9.2 Beuth shall be liable for damages – on whatever legal grounds – within the framework of liability in tort in cases of intent and gross negligence. In the case of ordinary negligence, Beuth shall only be liable subject to a more lenient standard of liability according to the statutory regulations (e.g. standard of care in one’s own affairs)
– for any damage arising from the injury to life, body or health
– for any damage arising from the breach of a material contractual obligation (obligation the fulfilment of which enables the proper execution of the contract and on the fulfilment of which the contractual partner relies and may rely); in this case, however, Beuth’s liability shall be limited to the compensation of the foreseeable, typically occurring damage.
9.3 Beuth shall only be liable for the loss of customer data and their recovery to the extent that such loss could not have been avoided by appropriate data backup measures taken by the customer.
9.4 The limitations of liability according to clauses 9.2 to 9.3 shall also apply for any breach of duty by or in favour of persons for whose fault Beuth is responsible according to the statutory regulations. They shall not apply if Beuth fraudulently concealed a defect or has assumed a guarantee for the quality of the services, as well as for claims of the customer according to the Produkthaftungsgesetz [German Product Liability Act].
10 Term and cancellation of continuous obligations
10.1 Unless otherwise agreed upon in the additional terms and conditions applicable for the respective product, contracts concerning continuous obligations (e.g. online services, update services, subscriptions, etc.) are concluded with a minimum contract term until the end of the calendar year.
10.2 The contract will be renewed for a further period of one year, unless it is cancelled with a notice period of 3 months before the end of the respective renewal period. The right to cancellation without notice for a compelling reason shall remain unaffected. The cancellation requires the text form.
11 Information on the application of standards
11.1 Anyone can apply DIN Standards. Whoever does so shall ensure that the standard is applied correctly in that specific case. DIN Standards are only one of many sources of information on good technical practice under normal circumstances. They cannot cover all possible cases in which further measures or more restricted actions may be necessary. Nevertheless, they are benchmarks for good practice. The fact that a DIN Standard can only represent the state of technology prevalent at the time of its publication is also to be taken into consideration.
11.2 The application of a standard does not exempt users from the responsibility for their own actions. To this extent, all users act at their own risk. DIN, the German Institute for Standardization and all those involved in the preparation of DIN Standards are excluded from all liability.
11.3 Anyone who, when applying a DIN Standard, discovers an error or the possibility of an incorrect interpretation is hereby asked to contact DIN immediately so that any errors may be remedied.
12 Use of data
The Customer takes note of this, and consents to the registration, storage, processing and passing on by Beuth of user data to companies within the DIN Group for marketing purposes (with the exception of the use of faxes, automated calling systems or electronic mail for promotional purposes). The Customer may, at any time, withdraw his consent that his data (name, title and address only) be made available for marketing purposes. E-mail advertising is not permitted to be used without the Customer's express consent.
In the case of DIN Academy events, the Customer’s name and company/organization will be made available to the other event participants (webinars excepting) in the form of a list of participants. For its webinars, Beuth uses Cisco's cloud-based software "WebEx Event Center" and hosts its din-akademie.webex.com website on Cisco's servers within the EU. For customers to register and take part in the webinar, it is required that their data be made available on this platform. The Customer acknowledges and consents that personal data required for participation in the webinar (e.g. first and last names, e-mail address and invoice address (in cases where the webinar is to be payable) are communicated to din-akademie.webex.com.
13 Right of withdrawal for consumers
13.1 Beuth grants customers who are consumers pursuant to section 13 BGB, a right of withdrawal in accordance with the following provisions. Consumers are natural persons who enter into a legal transaction for purposes that predominantly are outside their trade, business or profession.
13.2 The right of withdrawal does not exist in the case of
– contracts concerning the delivery of computer software in a sealed package if the seal was removed after delivery;
– contracts concerning the delivery of goods which are not prefabricated and for the production of which an individual selection or designation by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
– contracts concerning the delivery of newspapers, periodicals, or magazines, with the exception of subscription contracts.
13.3 Withdrawal information
13.4 Sample withdrawal form
14 Choice of law, place of jurisdiction, consumer arbitration agency
14.1 For the purposes of these general terms and conditions and the contractual relationship between Beuth and the customer, the law of the Federal Republic of Germany applies to the exclusion of international uniform law, in particular UN Sales Law. The statutory regulations on the restriction of the choice of law and the applicability of mandatory provisions, particularly those of the state in which the consumer has his usual place of residence, remain unaffected.
14.2 If the Customer is a business person within the meaning of the HGB [Handelsgesetzbuch (Commercial Code)], a legal entity under public law or is a special fund under public law, then any disputes - including international disputes - arising directly or indirectly from contractual agreements shall fall exclusively under the jurisdiction of the place at which Beuth Verlag has its registered office in Berlin. The same applies if the customer is an entrepreneur within the meaning of § 14 BGB. Beuth also reserves the right, however, to file a suit at the place of performance of the obligation according to these general terms and conditions or individually agreed terms (which have priority) or at the place of general jurisdiction of the customer. Statutory regulations that have higher priority, particularly in respect of exclusive competences, remain unaffected.
14.3 Beuth does not take part in extrajudicial resolution proceedings carried out by consumer arbitration agencies.
Additional terms and conditions relating to the Standards Flat Rate
1. Beuth Verlag GmbH, Saatwinkler Damm 42/43, 13627 Berlin (“Beuth”) provides the customer (“Customer”) with the Standards Flat Rate on the basis of the following additional terms and conditions, which supplement and have priority over the general terms and conditions of Beuth. The Standards Flat Rate is a discounted quota of technical rules that the Customer pays for in full in advance and that he can access via the internet pages of the Beuth webshop in electronic form within the utilization period of 365 days starting on the date on which the account is activated.
2. The quota contains only those technical rules that are available for immediate delivery (i.e. in particular it does not contain rules that are available for preorder), from the following collections: either
– DIN, DIN EN, DIN EN ISO, DIN ISO, DIN IEC and DIN ETS, with the exception of DIN-Standards with VDE/DKE classification and DIN Specifications such as DIN SPEC, PAS and DIN Technical Reports (“Standards Flat Rate DIN”), and/or
– VDI, with the exception of VDI manuals (“Standards Flat Rate VDI”), or
– ISO, with the exception of ISO-Guides, ISO-TTA and ISO Handbooks (“Standards Flat Rate ISO”).
3. During the utilization period, the Customer can purchase one (1) quota only. The Customer can extend the quota he has purchased within the available offers.
4. On expiry of the utilization period, the right to access any technical rules that are part of the quota but that have not been accessed within the utilization period lapses. The Customer will be informed of this by e-mail prior to the end of the utilization period. Technical rules that the Customer has not accessed will not be reimbursed.
Additional terms and conditions relating to Standards Ticker
1. Beuth Verlag GmbH, Saatwinkler Damm 42/43, 13627 Berlin (”Beuth”) provides the Customer (“Customer”) with the product Standards Ticker on the basis of the following additional terms and conditions, which supplement and have priority over the general terms and conditions of Beuth.
2. Standards Ticker applies to a defined selection of published technical rules that are obtainable from Beuth (“standards selection”), the selection being compiled individually for each Customer. The standards selection contains technical rules that have been either
– selected online by the service tool “Your Standards Ticker” or
– selected in text form (e.g. by e-mail) and confirmed by Beuth within an appropriate time period; in particular the volume of technical rules selected determines the appropriateness of the time period; if the confirmation from Beuth includes a technical rule that the Customer has not selected, the Customer shall notify Beuth of this without delay.
If the Customer only states the main number of a technical rule in his standards selection, all Parts of this technical rule are included in the selection.
3. Beuth excludes a technical rule from the standards selection as soon as it is withdrawn, replaced or as soon as, for any reason, it is no longer published by its issuer or can no longer be purchased via Beuth. As soon as, and insofar as, a technical rule replacing or superseding the excluded technical rule is published and can be obtained from Beuth, Beuth will replace the excluded technical rule in the standards selection by the replacement or superseding edition.
4. Twice yearly, as part of the search for related standards, Beuth will send the Customer a list of technical rules that Beuth suggests including in his standards selection owing to their relevance to the standards this already contains. The suggestion is based on the technical rules in the standards selection, but not on other circumstances (e.g. any circumstances relating to the company or the Customer’s products) even if these are known to Beuth.
5. As part of the Standards Ticker service (basic services), Beuth monitors the Customer’s standards selection on his behalf to check whether, and which, technical rules in the standards selection have been withdrawn or replaced. Beuth will inform the Customer of the monitoring outcome at least once per month by e-mail.
6. As part of the Standards Ticker/doc service, Beuth monitors and provides information according to clause 5 (basic services). In addition, the Customer will purchase technical rules without this requiring a separate order, according to the Standards Ticker ordering scheme. The Standards Ticker order specifies in particular the concrete form in which the documents are to be supplied (as hard copy or - where suitable - electronically, i.e. online or on a data carrier such as a DVD) and the type of licence (single-user or network licence) and the scope of the licence (number of employees and sites) of the technical rules.
7. As part of the Standards Ticker/compact service, Beuth monitors and provides information according to clause 5 (basic services) and the Customer obtains technical rules according to clause 6. In addition, Beuth will provide the appropriate software for the exclusive purpose of managing the technical rules that the Customer obtains within the Standards Ticker service. Provision of this software is limited to the contractually agreed term of the service. The Standards Ticker order specifies the concrete form in which the documents are to be supplied (online/ data carrier such as a DVD).
8. Customers will purchase technical rules at list price, taking the appropriate member discount into account (e.g. DIN member discount). If the Customer has already purchased the technical rules in hard copy, he may purchase the electronic versions at a tenth of the list price.
Additional terms and conditions relating to online services
1. Beuth Verlag GmbH, Saatwinkler Damm 42/43, 13627 Berlin (”Beuth”) provides the Customer (“Customer”) with online services on the basis of the following additional terms and conditions, which supplement and have priority over the general terms and conditions of Beuth. Online services are collections of documents (in particular technical rules such as DIN Standards) on a certain topic or subject area, that Beuth provides the user with for online access. This contract does not cover the sale of documents, but the user's right to access that portion of the database which relates to the online service in question, for the duration of the contract.
2. Beuth undertakes to ensure that the yearly average availability of online services is not less than 99%. Availability does not cover downtimes necessitated by routine maintenance or update work each Tuesday between 17:00 and 24:00 hours. During the period in which the the online service is available, Beuth will maintain the connection between the server hosting the online service and the internet, so that, under normal circumstances, standard connection bandwiths and data transmission speeds are achieved. Beuth is only responsible for the proper functioning of the server and the connection to the internet interface. It must be pointed out that Beuth cannot guarantee trouble-free access to the internet outside its sphere of responsibility.
3. The Customer is obliged to respect the usual principles of data security when using the online service, e.g. to keep passwords and access data secret, not to disclose them to a third party, and to protect them from unauthorized access by a third party, and also, where necessary, to ensure that they are changed, as well as preventing abuse of their own systems by a third party. The Customer shall immediately inform Beuth if there are indications that the access data/passwords are known to an unauthorized third party.
4. If the online service is used with the Customer’s access code, the acts of use shall be attributed to the Customer. An act of use is not attributed to the Customer insofar as he can prove that he was not the originator of this act of use and that he is not responsible for the abuse.
5. Software for displaying or searching the documents is not included in the delivery. The Customer is responsible for satisfying, at his own expense and risk, the requirements for using the online service.
Additional terms and conditions relating to consultancy services
1. Beuth Verlag GmbH, Saatwinkler Damm 42/43, 13627 Berlin (”Beuth”) provides the customer (“Customer”) with consultancy services on the basis of the following additional terms and conditions, which supplement and have priority over the general terms and conditions of Beuth.
2. Beuth provides consultancy services particularly in connection with the management of technical rules on behalf of the Customer. The consultancy services of Beuth Verlag can, for example, be the provision of specialist know- how or support in the form of a needs or feasibility analysis.
3. Insofar as Beuth has not accepted the commission expressly and in writing, the consultancy services do not comprise the checking of information, data or documents provided to Beuth by the Customer, in particular checks for completeness, unambiguity, conclusiveness or factual correctness. Proceedings or events occurring after performance of a consultancy service do not oblige Beuth to update or review the consultancy service performed. Payment is for the services rendered, nor for specific success achieved.
4. Beuth has the right to use the services of third parties for the purpose of performing the consultancy services. Insofar as Beuth uses the services of third parties for the purpose of performing the consultancy services, the obligation of Beuth to perform is subject to the proviso that the third party under contract works correctly and in a timely fashion; if this is not the case, Beuth will inform its Customer immediately and reimburse any payments already made for the services that have not been rendered.
5. The Customer makes available to Beuth, free of charge and in a timely fashion, and without being specifically requested to do so, the totality of information, data and documents relating to the Customer and his company that are necessary or could be of importance for performing the consultancy services. This also applies to information, data and documents that only become known during the performance of the consultancy services.
Additional terms and conditions relating to advertising orders
1. Beuth Verlag GmbH, Saatwinkler Damm 42/43, 13627 Berlin (“Beuth“) provides the Customer (“Customer”) with advertising orders on the basis of the following additional terms and conditions, which supplement and have priority over the general terms and conditions of Beuth.
2. Advertising orders are orders submitted by the Customer for the placement of an advertising medium in order that this can be disseminated in Beuth products, particularly in publications in electronic form or hard copy or on internet pages, such as in online services (e.g. banner advertising). In printed publications, advertising media can also take the form of inserts or supplements. Advertising media which cannot be recognized as such owing to their appearance will be clearly identified as advertising. Entitlement to dissemination in a specific edition of a publication (e.g. of a periodical) or at a specific position only subsists where this has been specifically agreed in writing.
3. Beuth will disseminate the advertising medium only provided this does not contravene laws, official regulations or objections of the Deutscher Werberat (German Advertising Council). If the Customer does not submit the advertising medium when placing the order, Beuth can refuse its dissemination if this is unacceptable to Beuth for technical reasons. Beuth will immediately inform the Customer of its refusal and reimburse any payments already invoiced for the dissemination of the advertising medium.
4. When disseminating advertising media on internet pages (e.g. in online services) Beuth undertakes to reproduce the medium to the respective customary technical standard. Beuth does not infringe this obligation in particular by the communication networks of other operators being disrupted, services on so-called proxies not being fully updated or/and updated not at all, or the ad-server being down for longer than 24 hours (continuous or cumulative) within a period of 30 days after dissemination has begun according to the terms of the contract. If an advertising medium is booked to be active at a fixed time and the ad server is down over a considerable period of time (over 10 percent of the booked time), the Customer is not obliged to pay for the duration of the downtime. Any further claims are excluded.
5. The exclusion of competitors of the Customer requires express written agreement. Exclusion of advertisements in publications can only be effected in respect of the same or facing pages.
6. The Customer grants Beuth those unlimited rights of reproduction and dissemination and other competences associated with copyright to the advertising media that are necessary for dissemination of the advertising medium in accordance with the order. In the case of dissemination in electronic publications or on internet pages, this also includes the right to transmit, broadcast, abstract from a database and access by means of all known technical procedures and all known forms of online media. The Customer guarantees Beuth that the dissemination of the advertising medium does not infringe the rights of third parties or statutory regulations. The Customer is obliged to release Beuth of any first demand claims that may be submitted against Beuth in connection with the dissemination of the advertising medium as requested, in particular potential infringement of the rights of third parties or statutory regulations. In addition, the Customer will bear the costs necessary for publication of a rectification. These will be in accordance with the applicable advertising rates.
7. The Customer will supply Beuth with the advertising medium in machine-written form or written in block letters, according to the technical specifications and including those technical media data specified by Beuth. The Customer will supply advertising orders that are to be disseminated on internet pages (e.g. banner advertising) not later than 3 working days prior to their placement; as long as the Customer has not supplied the advertising medium by the start of the campaign, Beuth can put a default banner of its choice in its place, in which case the ad impressions of the default banner will be invoiced to the Customer.
8. Supplements must be supplied properly packaged, undamaged and exactly folded. Since loose inserts are placed in the medium by machine, Beuth only then guarantees they will be properly inserted in the publication. Beuth will not check the number of copies of supplements supplied - signing the delivery ticket does not therefore infer confirmation of the numbers delivered. Incomplete or incorrect information on the delivery tickets may result in errors in the dissemination of the inserts. Beuth Verlag will not be liable for any such errors. Beuth does not guarantee the supplement will be placed in a specific position within the publication.
9. Beuth will not check the supplement that has been supplied for the correctness of its content, particularly with regard to spelling and grammar. Proofs will only be delivered at the express wish of the Customer and generally only where advertisements are at least one-quarter of a page in size. If the Customer does not return the proofs at the latest within a week after receiving them, they are deemed ready for dissemination unless the Customer has been notified of a different deadline. The Customer will be expressly notified of this deadline upon delivery of the proofs. Costs incurred as a result of substantial correction work will be separately invoiced to the Customer by Beuth.
10. Beuth will retain any advertising media supplied to it for a period of up to 3 months after their final dissemination.
11. Where an advertising medium is disseminated on internet pages (e.g. in online services), Beuth will provide the following information:
– the number of ad impressions for the advertising medium within a reporting period of 7 days
– the downtimes of the ad server if these are longer than one continuous hour.
Additional terms and conditions relating to the DIN Academy
1. Beuth Verlag GmbH, Saatwinkler Damm 42/43, 13627 Berlin (“Beuth“) provides the Customer (“Customer”) with services in connection with DIN Academy events on the basis of the following additional terms and conditions, which supplement and have precedence over the general terms and conditions of Beuth. DIN Academy events are seminars, conferences, courses, workshops or webinars, including those that are specifically designed for a concrete customer (e.g. in-house seminars or on-the-job training).
2. The Customer can cancel his/her reservation in writing at any time before the start of the event (cancellation). For cancellations submitted up to 21 days before the start of the event, the participation fee need not be paid. For cancellations submitted later than 21 days before the start of the event, the participation fee is payable in full, unless the Customer nominates someone else to take his/her place and who will pay the participation fee. Alternatively, the Customer may attend a different event within one year, in which case an administrative surcharge of € 50 plus VAT will be charged.
3. Beuth reserves the right to cancel an event at short notice for important reasons beyond its control (particularly illness on the part of the instructor/speaker, or an insufficient number of registrations) – but no later than six working days before the start of the event. Where possible, the Customer will be given the option of booking an alternative event. In this case, no rebooking fee will be charged. If the Customer declines this offer, any payments received will be refunded. No further claims, particularly for damages, shall derive from the cancellation. Beuth will not reimburse any costs incurred from the cancellation (for example, cancellation or rebooking fees to be paid by the Customer for any means of transport or any overnight stays).
4. Beuth reserves the right to substitute or cancel individual lectures, speakers and/or content of an event, as long as such action does not substantially adversely affect the overall character of the event. Likewise, Beuth can change dates and/or locations of the event, except where there is no valid reason to do so and the legitimate interests of the Customer are substantially adversely affected.
5. The event may be documented by means of photographs, video and/or sound recording. The Participant consents that photographs, video and/or sound recordings of the event in which the Participant is identifiable may be used in whole or in part for all current and future media, particularly for the purposes of quality assurance and reporting. Documentation of webinars is excepted. No contributions from customers (image, sound or chat) will be recorded for use as webinar documentation.