Terms of Use

Date: 30.09.2009

HEATREAT.DE GmbH
Dießemer Bruch 112i
47805 Krefeld
Germany

§1 Area of application

The following terms of use cover all information and services that are provided through the domain www.heatreat.de. HEATREAT.DE is only responsible for contents that have been created and published by themselves.

§2 Registration

HEATREAT.DE offers to its customers the possibility to register on the website www.heatreat.de. The registration is required to use certain services like the expert inquiry or the marketplace to the full extent. During the registration process, the system asks for some obligatory data which is necessary for contractual relationship. Due to this, users are obliged to enter complete and valid information during that process. The registration as such is for free, there is no legal claim to having a user account on www.heatreat.de. In case of violations of these terms of use or abusive usage, the user account may be suspended permanently by HEATREAT.DE. Further monetary obligations only arise from the usage of concrete services. Please read §7 Special terms of use for further information.

§3 Liability

HEATREAT.DE is not liable for contents and programs that are published through the domain www.heatreat.de, including probable resulting damages - particularly consequential damage - unless these damages are caused by gross negligence. This is - among other things - valid for damages that are caused through faulty or incomplete information, deletion of data or viruses. Furthermore, HEATREAT.DE does not assume any liability for the unavailability or disturbances within the website or unauthorized access of third persons to user data (e.g. through a hacker attack). Data which is published by the user are subject to his care. HEATREAT.DE is not liable for the abuse of published data through third parties. In addition the user is obliged to ensure, that he has the full rights of use for all images and texts, which he wants to publish.

§4 Copyright

All information stored on www.heatreat.de is protected by copyright laws. Without written permit, no contents may be copied, reproduced or redistributed. This applies to graphical elements as well as text contents.

§5 Privacy

§5.1 Personal and company data

HEATREAT.DE is obliged to act according to legal privacy regulations. The data entered as a part of the registration on www.heatreat.de (personal or company data) are used to identify customers and process the respective orders. Personal or company data like name, address, email or other contact data are not distributed to third parties. Apart from the disclosure to the Varion GmbH, who is responsible for the marketing of HEATREAT.DE.

§5.2 Statistical surveys

Non-personal data like country of origin or industries can be processed for statistical surveys of the website usage on www.heatreat.de. This data is processed non-personalized and quantitative and may be forwarded to our advertising partners.

§5.3 Cookies

The website www.heatreat.de offers several functions to raise the ease of use of the platform. To enable these functions, small text files that are called "cookies" are saved in your browser. These for instance allow you to set a custom language as well as logging into the platform. The usage of cookies on www.heatreat.de serves purely a higher ease of use and security.

§6 Conclusion of contract

HEATREAT.DE offers various products and services. All offers are non-binding. A contract becomes valid, when an order is either confirmed by HEATREAT.DE in written form or by email or when the order is executed by HEATREAT.DE. The written form is retained by delivery of a fax or an E-Mail. Further information about the offered services are included in §7 Special terms of use.

§7 Special terms of use

For some contents and services on www.heatreat.de, there are additional terms of service in force:

§7.1 Expert inquiry

As a registered commercial user, you can start expert inquiries for various different topics in the field of heat treatment. For this purpose, we provide you with extensive inquiry forms. The data you enter there are used to analyse your problem and to calculate an offer. A consultant may contact you or a call back. A consulting contract however only comes about once you have confirmed the HEATREAT.DE offer in written form.

Concrete conditions like price, inspections on-site, actions to be taken, etc. are defined individually according to your problem as a part of the offer. The thereabouts defined services, assurances and conditions are a contractual part of the purchase order and are valid in addition to these terms of use.

§7.2 Marketplace

The HEATREAT.DE marketplace is a branch directory for the heat treatment industry and allows you to enter as many subsidiaries of your company as you want. A commercial user account is prerequisite to the active usage of the marketplace. Any marketplace entry can be booked with a different tariff.

Each of our tariffs contains a different feature package. Contained features and prices can be obtained during the order process and the current media data. HEATREAT.DE is entitled to change prices and features for its marketplace at any time. Already booked entries continue to be active at the conditions that were valid during the purchase until the end of the minimum term.

Purchases can be done through your personal control panel. The payment is processed via PayPal, in Germany also per bank transfer. To avoid abuse, all marketplace entries are checked and activated manually by HEATREAT.DE. The contract duration begins with the activation of the marketplace entry.

The minimum duration of each individual entry is 12 months. This period is automatically extended by 12 months unless you cancel the entry at least 3 months before the end of the current period in written form. Two months before the end of the minimum contract duration, HEATREAT.DE sends out a demand note for the following period. The respective payment can be done through your personal control panel via PayPal, in Germany also per bank transfer. If the payment is not done before the first day of the new period, the respective marketplace entry becomes inactive. The duty of payment however, is not affected. Once paid, the marketplace entry immediately becomes active again.

Tariff changes are possible through the control panel. Upgrades to a higher tariff can be issued at any time. Already booked periods are deducted from the price (rounded to full month). A tariff upgrade resets the minimum contract duration to 12 months.

Downgrades to a lower tariff can only be done at the end of a period. To do this, select your new desired tariff for 12 months after having received the demand note from HEATREAT.DE.

§7.3 Job exchange

HEATREAT.DE offers employers and employees the opportunity to place job searches, job offers and apprenticeship training positions on the site publicly. This service may only be used for the purpose of placing job offers or personal profiles for the sake of recruitment. Any use for purposes other than intended (e.g. for commercial advertisements) leads to the imminent and permanent exclusion from the platform.

1. Job search

As a private user, you may place job searches for free on HEATREAT.DE. The adverts are by default limited to duration of 3 months, but can be cancelled earlier than that.

2. Job offers, apprenticeship training positions

As a registered commercial user on HEATREAT.DE, you have the opportunity to place job offers. For the listing of job offers costs will be charged and can be paid directly via PayPal, in Germany also per bank transfer. The adverts go live immediately after the payment. By default, the duration of adverts is limited to 3 months, but can be extended by further 3 months using PayPal. You may advertise as many job offers at the same time as it suits your needs.

§7.4 Service

HEATREAT.DE offers to create your entries (marketplace, job exchange), as an extra service. Requirement for this is the registration as commercial user. The client states his/her agreement for publishing with submission of the contact form. The client is responsible for the published information. HEATREAT.DE will not assume any liability for the correctness. HEATREAT.DE is authorised to charge fees for this service or to increase existing fees at any time. Commissioned service orders will stay unaffected.

§7.5 Editorial team

Registered users can request for publishing of their press releases on HEATREAT.DE. The client states his/her agreement for publishing with submission of the contact form. HEATREAT.DE reserves the right to edit the submitted texts. There is no legal claim of publishing. HEATREAT.DE is authorised to charge fees for this service or to increase existing fees at any time. Commissioned press releases will stay unaffected.

§7.6 Banner

HEATREAT.DE offers various options of banner advertising. Details and prices can be found in the current valid media data. The minimum duration of one banner advertising is 3 months. With an order the user states his/her agreement for publishing. The user is committed to check all data before submitting. HEATREAT.DE will not assume any liability for content of the banner. To get technical specifications for production and preparation of the banner please contact marketing@heatreat.de

§7.7 Additional Services

Separate terms and conditions apply for additional services of HEATREAT.DE, as consulting and other services etc.

§8 Conditions of payment

All prices are net prices. The current German value-added tax rates have to be added. The invoice amount has to be paid immediately without any deduction.

§9 Changes to the terms of use

HEATREAT.DE reserves the right to change the terms of use at any time. The current version will be published on our website HEATREAT.DE.

§10 Place of fulfilment, place of jurisdiction

1) Place of fulfilment for all deliverables and liabilities of the contact with the customer is, if not agreed differently, Krefeld (Germany).

2) Place of jurisdiction will hereby agreed, with business people and corporate bodies, to be in Krefeld (Germany).

§11 Final regulations

These terms of use and all resulting legal relationships between visitors, customers and HEATREAT.DE apply to German law only. The invalidity of single regulations does not compromise the validity of the remaining terms of use.

In case of invalidity or unfeasibility of a single regulation, all other regulations remain unaffected.