General terms and conditions for the cooperation with providers of studios
1. General, scope
Below are the terms and conditions (GTC) for the studio marketing of market research studios offered by WMM GmbH – Weber marketing and market research (hereinafter referred to as “WMM-Studio”) in relation to the providers of such objects.
2. Services of WMM-Studio
When presented with offerings, WMM-Studio will provide interested parties with details based on the submitted object data via internet. Selecting matching customers and matching offerings is the responsibility of WMM-Studio. WMM-Studio strives to adapt its services to current technical developments and current market developments. Therefore WMM-Studio reserves the right to make changes of the agreed services insofar as such changes do not affect the core services and are reasonable for the contracting party, taking their interests into account.
3. Particulars of the providers
The provider commits itself to place only serious offers and to carefully and truthfully put together the information submitted to WMM-Studio about the offer. Furthermore the provider commits itself to offer solely its own studios or studios that it is commissioned to offer. The provider shall be exclusively responsible for the content and accuracy of the delivered data. In doing so it is obliged to truthfully specify all essential properties and characteristics of the offered object. Moreover it commits itself not to transmit any data which infringe on the rights of third parties (e.g. personality rights, naming rights, trademark rights, copyrights, etc.) or violate existing laws. The provider idemnifies WMM-Studio against all claims asserted by third parties concerning such violations. This also includes the reimbursement of expenses for necessary legal representation.
Offers that solely serve the purpose of attracting the attention of interested parties are regarded as abuse and will be deactivated or deleted by WMM-Studio without prior notice. Such offerings apply for example to the following cases:
a. false and/or incorrect information in the object description,
b. descriptions are misused as advertising space for the own company,
c. the searchers’ attention is being drawn to an offer by vague or even incorrect information (including incomplete offers, incorrect address details or geographical allocations, etc.),
e. the announcement of address data of objects or contact information via WMM-Studio.
4. Non-transferability and confidentiality
The provider’s rights arising fr om the present contract are not transferable. The password which enables the provider to access the personal area and thus to gather data must be treated in a strictly confidential manner and must not be passed on to third parties on no account.
The provider takes appropriate and reasonable measures to prevent third parties from attaining its password.
In addition, the provider undertakes not to pass on object data which have been technically prepared by WMM-Studio to third parties.
5. Rights
All rights (copyrights, trademark rights and other trade mark rights) related to the database, the databank and the content, data and other elements published here rest exclusively with WMM-Studio; potential rights of the provider related to its posted information are not affected by this.
In the context of these conditions of use the provider shall have the right to display individual data sets on its screen, using exclusively the search mask provided by WMM-Studio, and to print it out for permanent visualization. An automated query via scripts or the like is not permitted. Copyright references or other trademark notations on the website of WMM-Studio may not be altered.
The provider may neither use the data obtained through queries in total, nor partly, nor in extracts (a) to establish its own database in any medial way and/or (b) for commercial data processing or disclosure and/or (c) for other commercial use. The linking, integration or other linkage of the entire database or single elements with other databases or meta databases is prohibited.
WMM-Studio also gives permission to adapt the contents, especially if they do not meet the conditions according to number 3 of these general terms and conditions.
6. Use of the information conveyed by WMM-Studio
The provider is obliged to use the conveyed information concerning inquiries about its offer exclusively in the context of the targeted specific studio. Any communication of information to third parties or the use of the information for other purposes is prohibited.
7. Forwarding additional information and offers, complementary circulation of offers
WMM-Studio is entitled, but not obliged, to pass on its own or external additional information or supplemental offerings which may also be related to the intended renting/leasing to providers and consumers. WMM-Studio is also entitled, but not obliged, to undertake a complimentary circulation of offers via cooperating webpages at no charge for the provider.
8. Data storage
The data which are being passed on to WMM-Studio by its customers will be saved and processed by WMM-Studio for previously mentioned purposes and purposes arising from the particular customer’s order. WMM-Studio will thereby adhere to the pertinent data protection regulations.
9. Warranty, liability
Warranty claims against WMM-Studio are lim ited to supplementary performance. In the case of failure of the supplementary performance the provider is entitled to withdraw from the contract or to diminish the renumeration in accordance with § 634 nr. 3 German Civil Code and demand compensation or the reimbursement of futile expenses in accordance with § 634 nr. 4 German Civil Code.
WMM-Studio shall not be liable for any losses caused by disturbance of its operations (e.g. bomb threat), in particular as a consequence of force majeure, upheaval, war and natural events or other events which it is not responsible for (e.g. strike, lock-out, traffic disruption, instructions of higher authorities in Germany or abroad).
10. Renumeration/retention of services
The prices and products of the particular services of WMM-Studio depend on the current price list and the array of products at the time the order is placed. In the case of an automatic prolongation of the contract period the renumeration for the additional contract period is based on the price list of the products which comes into effect two weeks before the beginning of the cancellation period of the customer.
Payments are due immediately upon receipt of the invoice.
In case of delayed or deferred payment legal interest will be charged. In the event of delayed payment WMM-Studio reserves the right to retain its contractual services until the completion of the delay.
WMM-Studio will charge any expenses arising from the recovery of debts or charge backs.
11. Cancellation
Cancellations must be made in writing (via letter or fax).
12. Right of withdrawal
Every consumer within the meaning of § 13 German Civil Code has the right to withdraw from the contractual relationship with WMM-Studio without giving reasons within two weeks after receiving this cancellation policy. The cancellation must be made in writing, e.g. by letter, by fax or email and must be sent to the address given below.
WMM-Studio
WMM GmbH
Weber Marketing- & Marktforschung
Humboldtstrasse 53-55, Haus B
22083 Hamburg
or to the email address support@wmm-studio.de. The period begins at the earliest on the date of the inception of the contract. The timely dispatch of the cancellation letter is enough to meet the cancellation period. If the instruction is communicated after the conclusion of the contract the period shall be one month. Your right of withdrawal expires prematurely if the contract has been completely fulfilled by both parties at their expressed request before you have exerted your right of withdrawal.
13. Amendments to the general terms and conditions
WMM-Studio reserves the right to amend these general terms and conditions at any time with an appropriate announcement period of at least six weeks. The announcement is made through the publication of the amended general terms and conditions on the internet on the webpage of WMM-Studio, specifying the effective date.
If the provider does not object within six weeks after publication, the amended general terms and conditions will be considered accepted. The announcement of the amendment contains an indication on the period of six weeks.
If the provider objects against the amended general terms and conditions within the time stipulated, WMM-Studio is entitled to cancel its contract with the provider on the effective date of the amendment, thereby protecting the legitimate interests of the provider. The respective contents of the provider shall then be deleted from the database. The provider cannot assert any claims against WMM-Studio out of this.
14. Closing provisions
In the event of disputes between the provider and WMM-Studio only German law applies under exclusion of all material and procedural legal norms of other jurisdictions. The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) are also excluded.
Side agreements, amendments or additions to this contract shall be valid only if made in writing. The same applies to the waiver of the requirement of written form.
Exclusive jurisdiction for disputes arising from or relating to this contract for both contracting parties is Hamburg, provided that the provider is a merchant.
Should individual provisions of this contract be or become ineffective, the validity of the remaining provisions of this contract shall not be affected.
