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TERMS OF BUSINESS

ON BIOTECHNOLOGY EUROPE

   

 

 

   
     

   
 
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   

Business Terms of Biotechnology-Europe:

 

1. General Terms

Biotechnology Europe is an independent, privately owned service.

 

Products descriptions:

 

Information service

 

BIOTECHNOLOGY-EUROPE.com offers for your company completed internet public relations, publication and marketing solutions. In collaborating with BIOTECHNOLOGY EUROPE your information is channelled and multiplied also into our partner networks. One of our mains goals is to integrate the Biotech Sector in Europe to global biotechnology, pharmaceutical and life science activities. Through BIOTECHNOLOGY EUROPE network it will be easy and timesaving to find and target the right contacts and partners in research, collaboration and financing.

 

We offer

An integrated truly global  platform for biotech science and trade – having thousands of qualified hits

An international 24/7 access to customers

Different channels of communication

Cost efficient way to spread news to the biotech community

Opportunity to present news, products, stories, jobs in your own corporate look and feel

BTE makes cross borders research possible

Biotechnology Europe sells information on behalf of companies.

 

Terms and Conditions of Website use:

1. General Terms

a.         BIOTECHNOLOGY-EUROPE.com Online-Service is a service carried out by BIOTECHNOLOGY EUROPE an independend internet based company. It presents an Internet register, where pharmaceutical companies, contract manufacturers (finished products) and service companies as CROs, laboratories etc. worldwide can be put down within several categories. Furthermore job offers can be entered into within different categories. Biotechnology Europe does not claim to be complete and aims exclusively at companies and staff of the pharmaceutical market.     

b.         Biotechnology Europe is directed to visitors of the Service [users] as well as to companies who's data are Put down in the register [participants].  

c.         The following terms of conditions shall regulate the relationship between Biotechnology Europe and the above mentioned persons (b.) even if the wording does not refer to them explicitly. Amending or completing Business Terms and Conditions of the above mentioned persons (b.) are not accepted.

d.         Amendments of this Terms and conditions must be in writing.  

2. Usership     

a.         The Internet Service enables the user to find the information of contents pointed out in No. 1 a. To take up this Service is on user's own risk.  

b.         Use and application of the information is only allowed if user observes the Laws of Poland and especially intellectual property rights as copyright, licences, patents, trademarks etc. as well as data protection rules. Any misappropriate use or appliction is forbidden.

c.         It is especially not allowed to use the complete information of Biotechnology Europe or parts hereof, for commercialized or industrial address- or information services or as base for creation or completition of registers of any kind and in any manifestation (printing, electronically, CD-ROM etc.) as well as Selection of the whole register or parts thereof for any commercial or industrial purpose. The misuse will be pursued by the owner of Biotechnology Europe according to the Laws and in any course of Law possible.         

3. Participation

Biotechnology Europe offers the possibility of a participation in a register entry free of charge and another register entry at the participant's expense in form of commercial advertisement [banner] (commercial participant). The graphical and artistic designing and the classification [incl. creation of rubrics and arrangments of participants within those rubrics] is solely up to Biotechnology Europe. The domain name and ist content can be changed by Biotechnology Europe at any time.      

b.         Generally        

I.          Biotechnology Europe solely decides about an entry applicated for by the participants. A justification of the rejection is not neccessary. An applicator's claim of entry does not exist.        

II.        In case of conclusion of a contract Biotechnology Europe presents the agreed upon data on Internet within one day after complete payment and complete receipt of the data which is to be published [logos, images, advertsements have to be send to Biotechnology Europe by e-mail or on disk as graphical documents]. The company's data will be saved temporarily, published on Internet and deleted after termination of the contract.  

III.       The review of already published data is to be carried out by the participants and is realized by mailings. Of the published data by Biotechnology Europe. Provided that the participants do not send back this form respectively as long as they do not send back a contradiction, the contract continues for another calendar year.    

IV.       Corrections or amendments of existing entries will be carried out on explicit participant's notice even apart from the above in No. 3 a. II. mentioned date. Biotechnology Europe reserves the right to oppose to the changes applied for.   

V.        The participant grants the right to Biotechnology Europe to make the published data available to third parties at their disposal and /or to use such data for own advertising purposes. The rights granted do not enclose to make the logos available to third parties.            

c.         Participation at participant's expense

I.          Commercial participants may enter the data online into the forms created for that purpose. The herewith made offer for a commercial advertisement of the participant will be accepted by Biotechnology Europe by a written confirmation. Biotechnology Europe reserves the right to reject the participant's offer without justification of the rejection.   

II.        Once Biotechnology Europe has accepted the offer, Biotechnology Europe publishes the commercial advertisment for the contractual period of time. The decision of placement of the commercial advertisements is solely up to Biotechnology Europe.      

III.       Biotechnology Europe reserves the right to reject the commercial advertisement delivered by the participant.    

 

d.         Duration of contract / Termination       

 

I.         The participation contract is concluded for 365 days.  

II.        The participant has the right to terminate the contract extraordinary and to have its data deleted, if Biotechnology Europe opposes to legitimate wishes of the participant for amendmants of already published and accepted data. Legitimate are such amendments that have to be observed by Biotechnology Europe legally or for liability reasons.         

III.       The contract can be terminated extraordinary at any time. A reason for an extraordinary termination is especially the misuse of or publishing of wrong data although otherwise stated /asked for amendments by the participant. A reason is furthermore a delay of payment in case of commercial advertisements [banner] or a stop of the services of Biotechnology Europe. The other party can disprove the a.m. assumption respectively pay immediately and continue the publishing of the data by those activities. A prolongation of the contractual period because of the interruptance will not take place.    

e.         Guarantee       

I.          Technical changes in the sense of technical improvements are reserved. Changes according to shape, colour and functions are reserved within the scope of reasonability.          

II.        Biotechnology Europe does not guarantee the availability of its Internet-Homepages (except from the fact that Biotechnology Europe is responsible for the breakdown) and the correctness and completeness of the register entries/commercial advertisements.  

III.       Biotechnology Europe removes defects/faults up to its free choice either by repairing or republishing. User's and participant's rights are excluded in so far as insignificant defects/faults are concerned.      

IV.       In case the repair/republishing fails, the participant of the commercial advertisement (news,banners,jobs, events, journals). In case the repair/republishing fails, the participant of the commercial advertisement (news,banners,jobs, events, journals) may claim reduction of his payment or cancellation of the contract up to his free choice.         

V.        The participant has to communicate (announce) obvious defects/faults within two weeks after announcement of completion; otherwise the claim of guarantee is excluded. To meet the deadline, the forwarding of the communication is relevant; the forwarding in time is to be proved by the participant.       

VI.       Does the participant miss to investigate the entry/commercial advertrisement (news, banners, jobs, events, journals) in time, the entry/commercial advertisement (news, banners, jobs, events, journals) is treated as approved, as long as the defect/fault was recognizable during the investigation. Defects/faults that are recognized later have to be communicated (announced) immediately as well; otherwise the entry/commercial advertisement (news, banners, jobs, events, journals) is treated as approved. The announcement of defects/faults has to be communicated in writing and to describe the defect/fault in detail.

4. Liability of the participant    

a.         The participant assures to be able to dispose of all the rights that are neccessary for the realization of this contract and the publishing of the entry/commercial advertisement (news, jobs, events, journals), especially according to interlectual property rights as industrial protection-, copy- and other rights.  

b.         The participant is solely responsible for the content of his entry/commercial advertisment (news,banners,jobs, events, journals). He is obliged to prove the contents published within Biotechnology Europe and to eventually correct them. For this purpose the particioant may order a print out of the published data as long as he does not have an own Internet acess. The participant releases Biotechnology Europe from all claims of third parites according to breaches of Law,especially competition Law, copyright- , nameprotection- and brandprotecion- and medicinal advertisement Law of his contents. This release includes costs of defendings in legal actions. It is furthermore ths duty of the participant to check those legal aspects before publishing.        

c.         User and participant are not allowed to copy,duplicate, reproduct or publish the Biotechnology Europe Internet sites (or parts thereof) without approvement of Biotechnology Europe.           

5. Liability of Biotechnology Europe 

a.         Subject to the following rules, Biotechnology Europe  is liable for intentionally or gross negligently caused breaches of duty. Biotechnology Europe is not liable for simply negligently caused breaches of duty either caused in personam or by legal representatives or by assistants for fulfilment. In case of simply negligently caused breaches of essential duty ("cardinal duty") the liability of Biotechnology Europe is restricted in respect of the amount to the foreseeable damage.

b.         The a.m. restrictions of liability do not apply in cases of liability that is granted by law without being responsible, esp. product liability code or in cases of responsibly caused damages of live, body and health.       

6. Prices         

a.         The price of the commercial advertisements (baanner) are separately agreed upon within the participation contract.            

b.         Is the commercial advertisement (banners), produced by Biotechnology Europe, Biotechnology Europe is entitled to invoice either a lump sum of € 180,- for the production or alternatively invoice € 60,- per hour.         

c.         Later changes of the commercial advertisements [banner] will be invoiced with € 60,-. The minimum charge is € 60,-.          

d.         Independent from the terminating party or the reason for terminating the contract, Biotechnology Europe will in neither case refund the participant with already tributed payements.    

e.         All prices are exclusive value added tax.         

7. Payment      

a.         Special payment arrangements are subject to the participation contract.          

b.         The invoice amount has to be paid fully in advance for the agreed period of time. Invoicing will be immediately after publishing on Internet. The invoice amount is payable immediately after invoicing without any cash discount.   

c.         In case of delay of payment the participant is obliged to pay delay-interest of 8 % over "discount rate". Biotechnology Europe reserves the right to claim and prove a higher damage because of delay of payment. The participant is entitled to prove that Biotechnology Europe  did not suffer any or a lower damage. In any case Biotechnology Europe  is obliged to pay the legally granted interest.    

d.         In case of delay of payment Biotechnology Europe is entitled to postpone the publishing of the user's data at Biotechnology Europe  until the full payment of the invoice amount by the user. In case the user still has not paid the full amount after setting a further adequate deadline, Biotechnology Europe  is entitled to terminate the contract [No. 3.d.III.] and delete the data.

e.         Biotechnology Europe is entitled to to claim 50 % of the original invoice amount as expense allowance The assertion of further rights of Biotechnology Europe because of delay of payment is reserved.       

f.          The participant is entitled to balance the costs out against each other only if the participant's claims are indisputable, accepted by Biotechnology Europe or established with legal force (by court). A right of the participant to withhold the payment is only possible if based on the same contractual relationship.

8. Final conditions       

a.         The material Law of the Republic of Poland shall apply. The UN Convention regarding contracts of international supply of goods shall not apply.   

b.         Court of jurisdiction for the performance of both parties is Warsaw, Poland exclusively as far as the participant is businessman or legal person of public Law or public special property. The same applies if the participant does not have a general place of presence in Poland            

c.         Should one or more of the conditions become invalid as a whole or in parts, or should there be a gap in regulations, the rest of these conditions remain valid.          

d.         The data of the participants will be saved seperately as stock and accounting data within valid rules of data protection.      

The user agrees that his or her statements from the feedback form of BIOTECHNOLOGY EUROPE may be used for advertisement purpose and there for may serve as a reference or testimonial.

 

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