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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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