General business conditions for the performance of research services
1. Preliminary note
If no other agreement has been made in writing, all offers or services, as well as all contractual agreements which may ensue between a client and HRI are subject to these general business conditions. The general business conditions of the client as well as other agreements only apply if written agreement is given by HRI beforehand.
2. Performance of research services
2.1 HRI offers the following research services:
2.1.1 Power research: quick research of data and facts on a specific topic, for example, for a presentation or a speech by the client. Such enquiries can be answered within two hours on working days between 8 am and 7 pm.
2.1.2. Dossiers: a thorough collection of material on the subject chosen by the client. A dossier comprises at least 10 DIN A4 pages and is delivered within three working days. If the client wishes, more comprehensive dossiers are possible, but take longer to complete.
2.1.3 Fact checking: a thorough examination of manuscripts, presentations or other texts from the client, checking that all facts which can be looked up are correct, as well as the language. The length of time needed for this service is individually agreed with the client.
2.1.4 Studies: scientifically sound studies are commissioned on the basis of a separate agreement. The general business conditions contained here have no validity for the product “studies.”
2.2 HRI will perform all services with due diligence according to the specific demands of the client. HRI is not obliged to point out facts, circumstances or details or to report about such, if they do not form part of the order placed by the client.
2.3 HRI provides the results of its work in writing or in PDF form as an email.
3. Conclusion of a contract
A contract is concluded when the client has confirmed an offer received from HRI in writing or by email. HRI recommends the use of the enclosed order form, “enc. 1.”If HRI receives different instructions or demands from the client after a contract is concluded, they only become valid if they are expressly reconfirmed by HRI in writing (email or telefax will suffice).
4.1 The prices apply which have been agreed in writing or by email between the client and HRI.
4.2. All payments are to be made within 14 days after the date of invoice without deductions, plus the currently valid value added tax (if applicable). In the case of payment being delayed, HRI charges interest of five percentage points per annum above the basic interest rate of the German Federal Bank.
4.3 Counter claims against HRI can only be set off in the case of undisputed or legally binding demands.
5.1 All services of HRI are performed on the basis of a client’s demands, and in the case of fact checking, on the basis of the information, documents and/or presentations provided to HRI by the client. Neither HRI, nor its staff members or any third parties commissioned with the performance of the services are liable for actions based on unclear, incorrect, incomplete, misleading or wrong information from the client.
5.2 HRI performs its services on the basis of the information which is generally available and accessible at the time of the contract being concluded. Neither HRI nor any third party commissioned to perform a service, are liable for the accuracy or completeness of such information.In particular, HRI is not obliged to carry out its own check and examination of the validity of generally available information.
5.3 HRI has liability if it has acted with intent or gross negligence, according to the law. Liability for simple negligence is limited to the breach of a major contractual obligation (so-called “cardinal duty”).
5.4 The liability of HRI according to the previous clause 5.3 - unless there is intent or gross negligence – is limited to double the agreed fee, and the maximum amount payable is €5,000. Under no circumstances are HRI staff members or third parties commissioned for the performance of services, liable for indirect or direct damages, especially not for unearned profit, lost business, loss of a business concern or the loss of a possibility to conclude new business, for the reduction of a firm’s value or for other losses, damages or costs which can ensue from using research services.
6. Rights of use
All rights to research services are the exclusive property of HRI – unless something different is expressly agreed in HRI’s offer. The client receives a simple, non-transferable right to use the research documents, and this cannot be sublicensed. Such documents may be passed on within the company of a client (also as an email attachment), as long as there is a reference to HRI’s copyright. The right of use is also limited to a period of 12 months after delivery, because of the time-sensitive nature of HRI’s research work. The client is entitled to incorporate research services wholly or partly in his or her own documents, presentations, or other working papers, providing this is done in a form that contains a source reference and the sense is not distorted.
7. Confidentiality, data protection
7.1 HRI and the client are obliged to keep secret those business and operational secrets they receive from the other contractual partner within the framework of this contract and not to pass them on or use them for his or her own purposes without first obtaining written agreement from the other party. Information received or discovered within the framework of contractual relations will be dealt with confidentially by HRI, unless such information is already publicly known or accessible, or was already known or becomes known to HRI in another way without infringing this rule, or due to a breach of confidence by a third party. Under no circumstances will HRI pass on such content for an editorial report in Handelsblatt or other publications without receiving the client’s agreement beforehand, unless the client has already commissioned such a report.
7.2 If HRI receives personal data for the purposes of implementing the client’s order, HRI commits to adhering to all data protection rules. HRI will only permit those persons access to such data who are being commissioned to implement the order.
7.3 All documents, which contain business or operational secrets or personal data, are either destroyed by HRI on completion of the order, or returned to the client, if he or she so wishes.
8. Final clauses
8.1 Should it be the case that one or more conditions of these general business conditions are found to be either wholly or partially ineffective or cannot be implemented, this does not affect the efficacy or application of the other conditions.
8.2 All contractual disputes between the parties ensuing with reference to these general business conditions, are subject to the law of the Federal Republic of Germany, with the exception of the reference to international private law. Exclusive venue for all disputes with reference to this agreement for commercial clients is the State Court in Düsseldorf.
Tips for using the website
§ 1 Object
These general conditions of use regulate the legal framework for the use of the following websites of the Handelsblatt GmbH and its sub-pages.
They are valid between the user and the Handelsblatt GmbH, Kasernenstr. 67, D-40213 Düsseldorf, represented by the managing directors, hereinafter referred to as “Handelsblatt.” When the user is cleared to use the websites and/or proceeds to use the above-mentioned websites, he or she accepts the valid general conditions of use.
There are particular business conditions for the use of paid content.
§ 2 Copyright law and rights of use
1. The content is protected by copyright law from being copied and misused. The illegal copying, distribution or publishing of website content or its imitation if this exceeds the right of use provided, will be prosecuted by Handelsblatt using civil law, and, if necessary, criminal law.
2. Handelsblatt retains all rights to content.The user is not permitted to copy, change, distribute, print, store long-term, and in particular to use the information for creating a databank; nor may he pass it on to third parties.
§ 3. Liability
1. Handelsblatt does not guarantee that content is always accessible and without mistakes. This applies in particular when access to the content is disrupted by matters outside Handelsblatt’s sphere of influence.
2. Content published by Handelsblatt (e.g. articles, data and forecasts) has been researched very carefully. However, neither Handelsblatt nor Handelsblatt’s service providers, in particular, suppliers of data, can guarantee accuracy, completeness of content or that such content is up to date.
3. Handelsblatt is not liable for the accuracy of content, or data being complete and up-to-date. Similarly, Handelsblatt does not guarantee the usefulness of the data to its users. If claims are made against the user because of alleged legal infringements resulting from his use of the data, Handelsblatt has no liability.
§ 4. Data protection
Please consult our data protection conditions.
§ 5. Final clauses
1. With regard to its services, Handelsblatt is always entitled to make changes, to require payment for them in future, or discontinue them wholly or partially.
2. Handelsblatt reserves the right to make changes to, or expand these general business conditions without prior notice. The user declares himself in agreement with a change if he doesn’t object to it by email within a period of 14 days. Changes do not come into force until the user has been notified by email.
3. The law of the Federal Republic of Germany applies exclusively. The application of UN purchasing law is excluded.
4. Should one of these conditions be ineffective, it does not affect the efficacy of the other conditions. Ineffective conditions are replaced by effective rules which go furthest to fulfil the commercial and legal purpose they strive to meet.
5. Venue for any disputes is Düsseldorf, insofar as the client is a merchant according to the definition of the HGB (German Commercial Code), or a legal entity under public law or public special assets. The same applies if the client is not resident or normally resident in the Federal Republic of Germany at the time of the suit being filed.