Legal
The following translation of our general terms of service for companies is for convenience only.
"DAA" refers to contractual products and services of DAA GmbH and/or DAA GmbH.
Preambel
By registering as a corporate customer with DAA, the corporate customer accepts the following general terms and conditions for the use of the DAA corporate area on the respective internet portals of DAA.
All websites on which DAA makes products and services available and on which DAA is listed as operator in the imprint are hereinafter collectively referred to as the "DAA Websites".
These GTC govern the contractual relationship between the corporate customer and the DAA with respect to the use of the DAA Websites, regardless of which of the DAA Websites the corporate customer registers or logs in to.
The corporate customer may access, print out, download or save these GTC at any time, even after conclusion of the contract, under the link "GTC" provided in the DAA company area.
1. object
1.1 In addition to specialist information for interested parties (f/m/d), the DAA websites offer a Germany-wide company list on the respective topic. The company customer registered with the DAA will be listed free of charge on the DAA Websites selected by him/herself in accordance with the industry sector named by him/her and in accordance with his/her catchment area pursuant to 2.2 after approval by the DAA. There is no entitlement to listing. The provision in 1.5 of these GTC remains unaffected.
1.2 Upon request, the DAA also offers additional placements and advertising opportunities on the DAA websites. Details of additional placement are available upon request to kundenservice@daa.net. Additional placements and advertising opportunities require separate contracts between the corporate customer and DAA.
1.3 In the DAA corporate area, the DAA provides information related to inquiries sent by interested parties (w/m/d) to registered corporate customers who wish to make use of such transmission in accordance with the following provisions:
1.3.1 As soon as an inquiry of an interested party (f/m/d) has been received by the DAA-websites, each corporate customer registered there, whose perimeter for customer inquiries and whose main fields of activity correspond to the inquiry, will receive an automatic notification by the DAA, the receipt of which the corporate customer has agreed to by his confirmation of his registration. As a result of this automatic notification alone, no additional costs will be incurred by the corporate customer.
1.3.2 After receiving a notification regarding an inquiry of an interested party (f/m/d), the corporate customer has the option to submit an offer to the DAA regarding the acquisition of the contact data of the respective interested party (f/m/d) at cost under the conditions defined in the notification.
1.3.3 The offer of the corporate customer becomes binding for the corporate customer by clicking the button "Activate contact with costs" or "Activate contact exclusively" in the DAA company area with the content defined by the notification.
1.3.4 The DAA undertakes to accept a maximum of the first five incoming offers of the registered corporate customers determined by the DAA system. Acceptance on the part of the DAA is effected in each case by sending the inquiry of the respective interested party (w/m/d) referred to by the notification.
1.3.5 Insofar as a contract relating to the transmission of contact data of the respective interested party (w/m/d) has come into existence between the DAA and the corporate customer through the acceptance of the DAA in accordance with 1.3 et seq. the respective agreed fee for the transmission of the contact data of the respective interested party (w/m/d) is due for payment immediately. The DAA will invoice this fee or - after separate agreement - collect it by direct debit. The DAA is entitled to send the invoice for the fees in connection with the transmission of contact data of the respective interested party (w/m/d) to the corporate customer exclusively in electronic form.
1.3.6 If the DAA is unable to collect the agreed fee in the case of a separately agreed direct debit procedure, the corporate customer shall bear all costs associated with the failed collection, in particular bank charges and comparable costs, insofar as the corporate customer is responsible for the incurrence of these costs.
1.3.7 The corporate customer agrees to pay the amount immediately due to the DAA upon receipt of the invoice. In addition, the DAA is entitled to claim a fee of Euro 10.00 from the corporate customer for each reminder sent in the event of non-compliance with the agreed payment deadline by the corporate customer, unless the corporate customer proves that the costs actually incurred are lower.
1.4 Any use of the content offered on the DAA-Websites by the corporate customer requires the prior written consent of the DAA.
1.5 The DAA is entitled to remove content - in particular but not exclusively content that violates 3.1.3 - from the DAA-Websites without prior notice. There is no claim to free listing on the DAA-websites.
1.6 The corporate customer acknowledges that a 100% availability of the DAA-Websites cannot be realized technically. However, DAA will make every effort to keep the DAA-Websites available as constantly as possible. In particular, maintenance, security or capacity concerns as well as events beyond the control of the DAA (such as disruptions of public communication networks, power outages, etc.) may lead to disruptions or temporary suspension of services on the DAA websites.
1.7 Subject to the provisions in the GTC, the DAA shall not be liable if no contact is established between the corporate customer and the interested party (f/m/d) via the DAA websites despite the transmission of the contact data of the respective interested party (f/m/d) by the DAA.
2. Registration, assurances during registration
2.1 The corporate customer must register in the DAA system (DAA corporate area) before using DAA services.
2.2 As part of the registration process, the corporate customer must provide the postal code of his place of business or one of his places of business. In addition, under "Settings" the corporate customer can choose between various kilometer specifications related to the catchment area he wishes to use (radius for customer inquiries). Using the zip code entered and the selected mileage, a DAA computer program is used to determine a catchment area for the respective corporate customer. By confirming the registration, the corporate customer accepts the catchment area determined for him in this way. The corporate customer is entitled to change his catchment area at any time by changing the mileage under "Settings" in the DAA corporate area (corporate account).
2.3 The corporate customer warrants that all data and information provided by him during registration are true and complete. The corporate customer is obligated to notify the DAA immediately in writing of any changes to his corporate customer data.
2.4 When entering his company data in the DAA company area, the company customer chooses a password. He is obliged to keep his password secret. The DAA will not disclose the password to third parties.
2.5 By completely entering the company data, the company customer makes an offer to conclude the contract on the free use of the DAA services from section 1.1. The DAA accepts this offer by activating the company customer for the DAA services. Subsequently, the corporate customer will be set up an account in the system of the DAA corporate area (corporate account).
2.6 Each corporate customer may only register once and only one corporate account will be created for each corporate customer. If a corporate customer has more than one place of business and/or wishes to be registered more than once, this is not part of the DAA's free services. In this regard, the corporate customer may submit a corresponding request to the DAA using the e-mail address account@daa.net.
2.7 The DAA cannot technically determine with certainty whether an interested party (f/m/d) on the DAA websites actually represents the person the interested party (f/m/d) claims to be. The DAA therefore provides no guarantee for the actual identity of an interested party (w/m/d) and the inquiries made by interested parties (w/m/d). Each corporate customer must therefore satisfy himself/herself of the identity of an interested party (w/m/d). The provision of 3.2 remains unaffected.
2.8 The corporate customer declares that at the time of registration he has not submitted a statement of assets and has not reached insolvency maturity. If the corporate customer provides a statement of assets or reaches insolvency maturity, he shall inform DAA by e-mail to kundenservice@daa.net without undue delay, but no later than two working days after providing the statement of assets or reaching insolvency maturity.
2.9 The company customer declares that at the time of registration he has all necessary official permits and licenses including registrations for all trades which he states in his company account.
3. rights and obligations of the corporate customer
3.1 The corporate customer is obligated to provide
3.1.1 only true and non-misleading information in his corporate account.
3.1.2 to transmit to the DAA-websites only logos, pictures, files and/or texts of his company to which he owns all relevant rights. By submitting the logo, the company customer agrees to the display of the logo on the DAA-websites.
3.1.3 to observe the applicable laws and all rights of third parties when using the contents and services on the DAA-websites. In particular, the corporate customer is prohibited from
- using content that is insulting or defamatory, discriminatory or otherwise in violation of the law, regardless of whether such content relates to other corporate customers, DAA employees or other persons or companies,
- using content that is pornographic or in violation of laws for the protection of minors, or advertising, offering or distributing products that are pornographic or in violation of laws for the protection of minors,
- violating the law (e.g. copyright, trademark law, etc.). to use content protected by law (e.g. by copyright, trademark, patent, design or utility model law) without being authorized to do so, or to advertise, offer or distribute goods or services protected by law without authorization,
- to engage in or promote anti-competitive activities.
3.1.4 After the conclusion of a contract between the DAA and the corporate customer regarding the transmission of contact data of the respective interested party (f/m/d) according to 1.3 et seq. the corporate customer is obliged to contact the interested party (f/m/d) disclosed in the context of the respective transmitted contact data by telephone at the latest one working day after the provision of the respective information. If the corporate customer fails to do so, he shall not be entitled to any rights in accordance with 3.2 with regard to the contact data provided.
3.1.5 Advance payments made to DAA may be used exclusively for the settlement of DAA services. These are in particular but not exclusively the paid transmission of contact data of interested parties (f/m/d). The repayment/refund of advance payments made to the DAA is excluded.
3.1.6 The transmitted contact data of interested parties (f/m/d) may only be used by the corporate customers in accordance with the legal requirements of data protection, in particular the provisions of the DS-GVO and the BDSG. This represents the purpose of initiating a contract in accordance with Art. 6 para. 1 b DS-GVO. Processing and use of the contact data of interested parties (w/m/d) for other purposes, in particular for advertising purposes, is not permitted to the corporate customer, unless processing for other purposes is mandatorily permitted by law. Once these purposes have been achieved, the transmitted data must be deleted immediately. The deletion of the transmitted data must be confirmed to the DAA immediately upon request.
3.2 Rights of the corporate customer
The corporate customer has the right to withdraw from a contract concluded in accordance with 1.3 et seq. of these GTC within a period of 168 hours from purchase by sending an email to kundenservice@daa.net or by using the complaint function in the DAA system, if the corporate customer has demonstrably already had contact with an interested party (w/m/d) within a period of 4 weeks prior to purchase of the contact data of this interested party (w/m/d).
3.3 The following actions are prohibited for the corporate customer:
3.3.1 Use of mechanisms, software or scripts in connection with the use of the DAA websites. However, the corporate customer may use the interfaces or software provided to him/her in connection with the DAA services offered on the DAA websites.
3.3.2 Blocking, overwriting, modifying, copying, unless this is necessary for the proper and contractual use of the services of the DAA-Websites. For example, copying by means of "robot/crawler" search engine technologies is not necessary for the proper use of the services of the DAA Websites and is therefore expressly prohibited.
3.3.3 Distribution and public reproduction of contents of the DAA websites or of other corporate customers.
3.3.4 Passing on the released contact data of interested parties (f/m/d) to third parties without prior permission of the DAA.
3.3.5 Any action that is likely to impair the functionality of the DAA infrastructure.
3.3.6 If the corporate customer violates any of his obligations according to No. 3 of these GTC, the DAA is entitled to immediately delete the content posted by the corporate customer and/or to issue a warning to the corporate customer and/or to block the corporate customer's access to the services of the DAA.
4. changes to the services on the DAA websites
The DAA reserves the right to change the services offered on the DAA websites, to offer different services or to discontinue services.
5. Termination of the Contract
5.1 The corporate customer may terminate the registration for the services of the DAA in accordance with these GTC (No 1. of the GTC) at any time without giving reasons. This expressly does not apply to any other contractual agreement between a corporate customer and the DAA, in particular in connection with separate contracts for the provision of services by the DAA. Cancellation of the notifications can be made in the corporate account under the corporate customer's settings on the topic "Notification Frequency". Cancellation of the free listing on DAA websites must be made in writing by e-mail, fax or letter, unless the GTC provide otherwise. The customer can find the contact details of the DAA in the imprint on one of the DAA websites and/or in his company account.
5.2 The DAA may terminate the contractual relationship related to the registration for its services towards a corporate customer at any time.
6. Responsibility for Content, Data and/or Information of Corporate Customers
6.1 The DAA assumes no responsibility for the content, data and/or information provided by the corporate customers of the DAA websites as well as for content on linked external websites. In particular, the DAA does not guarantee that this content is true, fulfills a specific purpose or can serve such a purpose.
6.2 Insofar as the corporate customer notices any use of the DAA websites that is contrary to law or to the terms of the contract, the corporate customer may report this via e-mail to kundenservice@daa.net.
7. Customer Service/Support
7.1 The corporate customer may submit questions and explanations regarding his contract with the DAA or regarding the services of the DAA in writing by e-mail, fax or letter, unless the GTC provide otherwise. The customer can find the contact details in the imprint on one of the DAA websites and/or in his company account.
8. indemnification
8.1 The corporate customer indemnifies the DAA against all claims, including claims for damages, asserted by other corporate customers or other third parties against the DAA due to an infringement of their rights by the contents posted by the corporate customer on the DAA websites. The corporate customer further indemnifies the DAA against all claims, including claims for damages, asserted by other corporate customers or other third parties against the DAA due to an infringement of their rights by the corporate customer's use of the services of the DAA websites. The corporate customer shall bear all reasonable costs incurred by DAA due to an infringement of third party rights, including reasonable costs incurred for legal defense. All further rights as well as claims for damages of the DAA remain unaffected.
8.2 If the rights of third parties are infringed by the content of the corporate customer, the corporate customer will, at the option of the DAA, procure the right to use the content at the corporate customer's own expense or make the content free of property rights. If the rights of third parties are infringed by the use of the services of the DAA websites by the corporate customer, the corporate customer will immediately discontinue the use in violation of the contract and/or the law upon request by the DAA.
9. data protection
The DAA is aware that it is extremely important for corporate customers to handle all personal data that corporate customers transmit to the DAA in a particularly sensitive manner. DAA therefore complies with all relevant legal data protection requirements (German data protection laws, European data protection directives and any other applicable data protection law). In particular, DAA will not disclose the personal data of corporate customers to third parties without authorization or otherwise bring it to the attention of third parties. Details of the processing of the corporate customer's personal data are set out in the DAA's Privacy Policy, which can be accessed from any of the DAA websites.
10. rights to content
10.1 By posting the company data or any other contribution, the company customer grants the DAA a spatially unrestricted, irrevocable and transferable right of use to the respective content, which entitles the DAA to any kind of exploitation, in particular to permanent storage both on its own pages and on the websites of cooperation partners as well as for other marketing. The granting of the right of use in accordance with No. 11 is limited in time to the duration of the registration of the corporate customer on DAA websites.
10.2 The copying, downloading, dissemination and distribution as well as storage of DAA content, with the exception of temporary intermediate storage in the course of visiting the websites, is not permitted without the express consent of the DAA.
10.3 The DAA receives company ratings from its users. The DAA has the temporally and geographically unrestricted and exclusive license to further use the company evaluations for any purposes online as well as offline. The DAA reserves the right not to display the rating on the website or to display it only for a limited period of time, as well as to shorten or change it. Ratings do not necessarily reflect the opinion of the DAA. Evaluations must be related to projects that have been forwarded to the corporate client via DAA. The DAA reserves the right to review evaluations or to delete them without giving reasons.
11. Final Provisions
11.1 These General Terms and Conditions apply exclusively. General terms and conditions of business of corporate customers shall apply only to the extent that the DAA has expressly agreed to them in writing.
11.2 The DAA reserves the right to amend these General Terms and Conditions at any time without stating reasons, unless this is unreasonable for the corporate customer. DAA will notify corporate customers of changes to the GTC in a timely manner. If the corporate customer does not object to the validity of the new GTC within two weeks after notification, the amended GTC shall be deemed accepted by the corporate customer. In the notification, the DAA will inform the corporate customer of his right to object and the significance of the objection period. The notification can be made by e-mail as well as in the DAA company area and company account.
11.3 Unless otherwise agreed, the corporate customer may submit all declarations to the DAA by e-mail or send them to the DAA by letter. The DAA may transmit declarations to the corporate customer by e-mail, by fax or by letter to the addresses which the corporate customer has indicated as current contact data in his corporate account.
11.4 Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. The contracting parties undertake to replace an invalid provision with a valid provision that comes as close as possible to the economically intended meaning and purpose of the invalid provision. This shall apply mutatis mutandis in the event of gaps in the contract.
11.5 The place of performance is the registered office of the DAA.
11.6 To the extent permitted by law, the place of jurisdiction is the registered office of the DAA, currently Am Sandtorkai 73, 20457 Hamburg.
11.7 German law shall apply to the exclusion of international private law and the UN Convention on Contracts for the International Sale of Goods incorporated into German law.
Status: 01.10.2021
