Admovi GmbH, as the exclusive representative, shall have the right to distribute its products under the registered trademark PROSONSOFT.
² Supply of educational compact discs or files
§ 1 Selection of products
(1) A buyer shall be able to select and order products on ADMOVI’s GmbH above-mentioned Web site or download it online.
(2) A buyer shall be provided with an individual description of each product on the Web site.
(3) A buyer shall be able to select the necessary products on the Web site using a cursor. Such products shall be placed in a virtual shopping basket and the buyer shall be provided with a list of products and its total price, including VAT, upon completion of the purchase.
(4) Before forwarding the order, ADMOVI GmbH shall first provide the buyer the opportunity to check it and amend its contents, particularly regarding the value and quantity.
(5) The copyrights for the products intended for sale by ADMOVI GmbH shall be reserved. The right of use shall only cover methods of usage expressly defined under an agreement on granting the right of use provided that such is stipulated under general terms and conditions of usage.
(6) All products include the file „Installations.exe” for installation and the following start of the purchased program and a file “Bedienungsanleitung” as PDF document. A “teaching manual” as PDF document is only included in a CD package.
(7) The CDs delivered and the downloads are put under copy protection. The copy protection guarantees optimal executability. It may occur though in rare cases that the executability of the CD/Downloads is limited or that the program cannot be started. The copy protection of the download depends on the hardware configuration of the individual computer and is implemented with a licence key, which is to be activated via internet.
(8) System requirements for running both the CD and the download properly:
Intel Pentium Processor or compatible,
Microsoft Windows 98/ ME/ NT or Windows 2000/XP (Windows XP recommended),
minimum of 64 RAM,
50 MB free hard disk,
VGA-graphics card (800 x 600, 256 colors) or higher,
Soundcard,
CD-ROM Drive,
Internet access (with download)
(9) Due to the size of the program, the downloading time of the ordered courses may vary depending on the customer’s technical configuration. The amount of data per course varies between 35 and 55 MB.
§ 2 Explanations regarding return of purchase
Right to return goods
The buyer shall have the right to return received goods within two weeks/one month without stating the reasons for their return. The stated term shall begin upon the receipt of goods and such explanations. To ensure compliance with the envisaged term, it shall be sufficient to send the goods in a timely manner and request a return receipt for the goods. In any event, return shipment shall be carried out at the expense of and under the responsibility of the offering side. Return shipment or request for a return receipt for the goods shall be addressed as follows:
Name of the company:
Admovi GmbH
Address:
Potsdamer Straße 33
D-14974 Ludwigsfelde
Fax: +49 (0)30 323 01 796
Email: info@prosonsoft.de
Procedure for returning goods
If goods are returned, payments that have been actually made by both parties and any benefits received shall be restituted (e.g., preferences with regard to usage). If there is a degradation of goods, reimbursement for its value may be claimed. This provision shall not apply if a degradation of goods is solely the result of its inspection, for example, carried out by the buyer at the shop. As for the rest, the buyer shall be exempt from indemnification for the value of the goods if he does not use the goods as an owner or take actions that can cause a decrease in their value.
The right to return the goods shall not arise upon execution of agreements for the supply of audiotape and videotape recordings or software if the customer has unpacked the media of the information supplied or the licence key for instalment has been used.
Explanations regarding the right to recall
Right to recall
The buyer shall have the right to recall within two weeks/one month the application for entering into an agreement in writing (e.g., letter, notification sent by fax or e-mail) or upon the return of goods in kind without stating the reasons. The stated term shall start no earlier than from the receipt of such explanations. To ensure compliance with the envisaged term, it shall be sufficient to send the application or return the goods in kind. Notification on recalling the application shall be sent to the address specified above.
Procedure for recalling
If the application is recalled, payments actually made by both parties and any benefits received shall be restituted (e.g., interests). If ADMOVI GmbH`s customer partly or fully fails to restitute payments made, or restitutes it in degradation, the former shall indemnify on behalf of ADMOVI GmbH to the extent applicable. If goods are returned in kind, this provision shall not apply if a degradation of goods is solely the result of its inspection, for example, carried out by the buyer at the shop. As for the rest, the buyer shall be exempted from indemnification for the value of the goods if the former does not use the goods as an owner or takes actions that can cause a decrease in their value. Goods that can be shipped in kind by parcel shall be subject to return shipment.
Special instructions
The right to recall vested in the customer shall be revoked earlier if its partner under the agreement has commenced providing services with the customer’s express consent before the term provided for recall has lapsed or the customer solely has failed to comply with it (e.g., downloading affected through communication channel, etc.).
²². Online Academy
§ 3 Granting the right of use
ADMOVI GmbH shall grant the user access to an online attachment module/ the online academy for the period of three months, to be subject to the following terms and conditions. After this period of time, the access authorization expires. Longer periods of use must be agreed in writing.
Right of use granted the user within the term of validity hereof shall specifically provide for the following:
- Online access to the ADMOVI GmbH training course to be subject-matter hereof including provision of respective passwords, and service of signed declarations on consent and acceptance of obligations;
- The possibility to order (online) training materials for educational purposes from a data processing device (computer) belonging to the user or third party;
- Processing of questions and examinations provided for under the training program, the possibility to participate in interim and final tests if envisaged in the training course;
- The availability to support communication by e-mail by the user or an employee specified under a supplementary agreement with instructors in charge of the training program, if the supplementary agreement has been executed;
- Producing copies for educational purposes (only in print) if necessary for user’s performance in the training process
The provision of functioning hardware necessary for usage constituting the subject matter of the agreement on the online training course, and complying with other technical conditions, shall be ensured solely by the user.
ADMOVI GmbH shall reserve the right to adjust training material to prospective changes in science and practice on a short-term basis. Changes in course contents connected therewith shall be grounds for the user to demand the provision of any services if subsequently the training process remains substantially unchanged.
²²². General Provisions
§ 4 Pricing
(1) At the time of an order, listed prices specified on the Web site shall apply.
(2) The prices are from the location of the ADMOVI GmbH including the VAT currently applicable in Germany exclusive of costs for shipping and handling, which are shown separately.
§ 5 Shipment costs
Costs for shipping goods are listed separately depending on the delivery method and quantity and are to be paid by the buyer.
§ 6 Terms and conditions of payments
(1) ADMOVI GmbH shall invoice the buyer for the goods purchased by him, such invoice shall be served upon delivery of the said goods. ADMOVI GmbH shall arrange deliveries upon prepayment or against payment by credit card. Potential fees arising from bank transfers or credit card payment are to be paid by the customer. Arrangement for another method of payment may be reached by executing a separate agreement.
(2) Prices indicated in the invoice shall at any time constitute the prices for the end-use buyer and include current VAT regulated by law in Germany.
(3) Upon late payments, ADMOVI GmbH shall have the right to deny permission for access. The user shall have the right to counterclaim ADMOVI GmbH only in an undisputable manner or under claims law. The user can waive its obligations only under a counter-waiver in connection herewith.
§ 7 Guarantees and responsibilities
(1) A customer shall inform ADMOVI GmbH regarding product defects and transship them at the expense of ADMOVI GmbH. Provision of the offering side’s guarantees shall be regulated under §§ 433ff of the Civil Code (BGB). The guarantee provided in business dealings shall be valid for one year. ADMOVI GmbH shall at its sole discretion repair the product or replace it for free.
(2) Customer debts shall be accrued in aggregate.
(3) ADMOVI GmbH shall guarantee that the online training course, which is the subject matter hereof, upon compliance with preliminary provisions provided hereunder by the user with respect to employees specified in a supplementary agreement, may be used in its full capacity for 24 hours a day within the full term hereof.
(4) ADMOVI GmbH shall provide respective online training course software, functioning without failures, which may deprive or decline in its value or availability for its usual application or as stipulated hereunder. A minor decline in its value or availability shall not be considered.
(5) The user is aware that a course program that is absolutely without errors may not be developed using state-of-the-art technologies and may not be provided and made through digital communication means.
(6) Upon a failure in its technical facilities, ADMOVI GmbH shall make its best efforts to isolate it as promptly as possible using all available technical and productive capacities. If a similar failure lasts in an individual case for more than three days, the parties to a contract shall consider its prolongation hereof.
(7) Long-term responsibility for failure as defined above shall be excluded with respect to ADMOVI GmbH unless voluntary acts or gross negligence arise.
§ 8 Force majeure circumstances
(1) In the event that ADMOVI GmbH fails to provide obligatory services as a consequence of force majeure circumstances (e.g., war, natural disasters, disconnection from communications networks, etc.), it shall be exempted from performing its obligations for the time that such circumstances exist.
(2) If ADMOVI GmbH fails to complete the order or deliver goods for more than one month as a consequence of force majeure circumstances, the customer may unilaterally terminate this agreement.
§ 9 Protection of information
ADMOVI GmbH shall comply with each and every requirement of the laws on protecting information, and in particular, the legal provisions of the Act on Protection of official information transmitted through telecommunications networks.
§ 10 Final provisions
(1) The language hereof shall be German.
(2) If any of the provisions hereof are null and void or become invalid, this shall not affect the validity of the remaining provisions. ADMOVI GmbH and the customer shall replace the invalid provision with a provision expressing as fully as possible the will of the parties hereof with respect to its business.
This AGB wording was approved as of 09.05.2005.
