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Terms

General Standard Terms and Conditions

1. Validity
The following terms apply to direct legal transactions between
AS-Trainer GmbH also referred to as "AS-Trainer" or
"company" and a customer. If the customer purchased the
product from a third party (e.g. retailer), the following conditions
still apply. AS-Trainer supplies the customer with electronic
access to contents - also referred to as "goods" or "products" -
on the basis of the following conditions, which are considered to
be accepted when an order is placed or delivery accepted.  The
following conditions replace any older versions of the General
Standard Terms and Conditions agreed with the customer,
including any conditions with legal predecessors to AS-Trainer.
When a contract includes consecutive deliveries, these conditions
apply to all subsequent deliveries, even if AS-Trainer does not
refer to the conditions in the future. Any deviating conditions of a
customer that the company does not expressly accept in written
form are not binding for AS-Trainer, even if AS-Trainer does not
expressly disagree.  


2. Specification of Services
AS-Trainer GmbH operates an online training system with which
natural persons and legal entities that have purchased access
hereafter referred to as "customer" can perform training
courses, e.g. in the fields of occupational health and safety and
environmental protection. The AS-Trainer website allows the
customer the technical opportunity, to the extent that AS-Trainer
GmbH has granted access, to use the available contents on the
AS-Trainer website or to publish the customer's own contents
depending on the scope of services ordered.
Customers ordering "Premium" access will be granted access to
an editing system to create their own course contents.  


3. Publication of Articles
Any contents published or edited by the customer express
exclusively the opinion of the author of the content and are his
sole responsibility. When publishing material on the AS-Trainer
website, customers are obligated to comply with applicable laws
and with these General Standard Terms and Conditions; the rights
of third parties may not be infringed upon. When publishing
information and contents on the AS-Trainer website, the following
are specifically prohibited:

Publication of personal information such as name, address,
   telephone number, profession or E-mail address. Data on
   persons or companies relevant to the contents of a training
   course pose an exception. AS-Trainer GmbH reserves the
   right to delete any improper articles or contents.

Revealing e-mail or written correspondence or trade secrets
   to third parties.

Publication of immoral or pornographic items, material
   unsuitable for minors, material that glorifies violence or
   incites hate, violence or racial discrimination, or placement
   of a link to sites containing such materials.

Violation of applicable laws or incitement to violate laws, or
   links to such information.

Publication of untrue statements of facts, insults or invectives
   as well as generally vulgar or obscene expression.

In the publication of articles or contents, violation or incitement
   to violate intellectual property rights of third parties, particularly
   copyright and trademark laws.

Advertising for the purchase or sale of online or other training
   systems, or for the purchase of such services other than
   AS-Trainer, and links to websites on which such products or
   services are offered.  

The contents contributed to the AS-Trainer website by customers are not
generally checked and do not represent the opinion of AS-Trainer GmbH.

4. Deliveries and Prices
The remuneration for the use of AS-Trainer consists of an annual basic fee and an additional annual fee for each user. Each annual user fee is for one specific person. The customer may not use the license for one user to train more than one person during the year, unless the first user is replaced by a second user, e.g. due to fluctuation. User fees are to be paid annually and in advance. The prices do not include applicable taxes. AS-Trainer GmbH has the right to adjust the user fees to the current price list. This can occur when the contract is extended pursuant to paragraph 6. AS-Trainer will inform the customer of the user fee adjustment in writing at least one month before the contract is extended. In deviation from paragraph 6, the customer has an extraordinary right of termination of two weeks within receipt of the above notice from AS-Trainer GmbH; the termination must also be in writing. If the customer does not exercise his extraordinary right of termination, the change in user fee announced by AS-Trainer GmbH is considered to be accepted.


5. Exclusion of Set-off
The customer may not offset his claims with claims from AS-Trainer, unless such claims are undisputed or declared legally enforceable.


6. 5   Inception and Extension of Contract, Termination
The contract becomes valid when an offer from AS-Trainer GmbH is accepted by the customer, and it initially applies for one year. The contract is automatically extended for another year, if it is not terminated at least three months before its expiration. The contract may be terminated only in written form.


7. Reservation of Ownership
AS-Trainer is supplied exclusively on the basis of limited user rights; AS-Trainer GmbH retains the right of ownership. If the customer is a retailer, he is authorized to sell the user rights to AS-Trainer to third parties in the course of ordinary business activities. The retailer immediately transfers the purchase price claims from these sales, up to the amount of the respective gross acquisition price invoiced by AS-Trainer GmbH, to AS-Trainer GmbH.


8. System Integrity and Disruption of the AS-Trainer Website
Customers may not utilize any mechanisms, software or other scripts in conjunction with use of the AS-Trainer website that may disrupt proper functioning of the AS-Trainer website. Customers may not implement any measures that may excessively or unacceptably impact the AS-Trainer infrastructure.
Customers may not block, overwrite or modify any contents generated by AS-Trainer GmbH, or in any other way impair operation of the AS-Trainer website.

Contents stored on the AS-Trainer website may not be copied, distributed or duplicated in any way without prior consent from the owner of the rights.
This also applies to copying in the sense of "robot/crawler" search engine technologies or with any other automatic mechanisms.


9. Limitation on Liability
AS-Trainer GmbH will assume no liability regardless of any legal grounds. This also applies to liability of employers, representatives and vicarious agents.

AS-Trainer works continuously to include the newest and most important contents in the thematic blocks that it publishes. However, the wide range of hazards and burdens of the occupational world make it impossible to address all contingencies. In this respect, no liability will be assumed for damage that may be caused by insufficient knowledge on the part of the employees. This exemption from liability does not apply:


If damage is intentional or the result of gross negligence

To personal injury that can be attributed to breach of duty
   on the part of AS-Trainer GmbH or to intentional or
   negligent breach of duty on the part of a legal
   representative or vicarious agent of AS-Trainer GmbH

To claims founded on product liability laws.  

Liability for claims resulting from consequential damage, particularly for lost profit, will be assumed only in cases of intent or gross negligence on the part of legal representatives, top managers or other vicarious agents of AS-Trainer GmbH. If AS-Trainer GmbH violates obligations essential to the contract, liability for compensation is limited to the damage that typically occurs.

 

10. Use, Contents
AS-Trainer GmbH makes every effort to incorporate the latest knowledge when designing its products. AS-Trainer GmbH cannot expressly warrant the accuracy or the lack of errors in content and technical aspects. AS-Trainer GmbH also cannot guarantee that its products can be used for or applied to a certain purpose. Selection of products as well as their application and use is solely the responsibility of the customer.

 

11. Scope of Use and Copyrights
AS-Trainer GmbH grants customers the simple right to the supplied programs exclusively for their own use. AS-Trainer GmbH retains all other rights beyond this. The customer is obligated to implement state-of-the-art measures to ensure that third parties do not obtain unauthorized access. The software made available may not in any way be modified (e.g. decompiling or applying reverse engineering to break it down). The customer may not sell or gift the program or any of the accompanying materials to third parties. The program may not be rented or leased out. With the exception of the rights of use granted by this contract, the customer has no rights to the program supplied.  

 

12. Data Protection
AS-Trainer GmbH compiles, transmits, saves and uses the customer's personal data in the company's own computer systems as well as for external data processing service providers. Current information on this data can be obtained from AS-Trainer GmbH Datenschutz (data protection) 20095 Hamburg. AS-Trainer GmbH assures compliance with the German Data Protection Act. AS-Trainer GmbH particularly assures the customer that the rights specified in 6 and 7 can be exercised at any time. This does not release the customer from his obligation to comply with all stipulations of the German Data Protection Act. To protect the customer's valuable, stored know-how, the following data protection measures should always be implemented:

SSL encrypted Internet connection

2-factor identification of the AS-Trainer administrators

Antivirus software

Firewall

Daily backups

The customer will be offered additional, comprehensive safety regulations for employees and system administrators; he can then specify the details of such safety features himself:

Passwords: minimum length, character definition (required
   capital letters, numerals, special characters, preclusion of
   universal phrases or user names), duration, change
   options for users

Limitation of access to certain IP addresses

No liability will be assumed for loss of data that occurs despite these measures, e.g. caused by a fault that could reasonably be prevented or by simultaneous occurrence of faults not related to one another. We recommend that our customers use suitable methods to secure all data to be entered into the system themselves.

 

13. System Requirements
For the AS-Trainer to work as intended, a properly functioning Internet connection as well as the following hardware are needed:

CPU speed: 1 GHz or better

512 MB RAM or more

Minimum screen resolution 1024 x 768 pixels

Supported browsers:

Apple Safari, version 2 and higher

Mozilla Firefox, version 2 and higher

Microsoft Internet Explorer, version 6 and higher

Browser features:

JavaScript activated

Cookies allowed

128 bit SSL encryption

Additional software:

Adobe Flash Player, min. version 9.0.124.0

Adobe Reader or comparable product for
   vieweing .pdf files

Subject to change.

 

14. Application of the Law, Place of Jurisdiction, Final Provisions
Only the laws of the Federal Republic of Germany apply, to the exclusion of the stipulations of the Uniform Law on the International Sale of Goods and the Uniform Law on the Formation of Contracts for the International Sale of Goods. Hamburg, Germany is the place of performance. If the customer is a fully qualified merchant or legal entity under public law, the sole place of jurisdiction is Hamburg, Germany.Oral supplementary stipulations, including setting aside the requirement for written form, must occur in writing to obtain validity.

 

Hamburg, 26.04.09

AS-Trainer GmbH
Schopenstehl 22
D-20095 Hamburg
Germany

Tel. +49 40 41 91 93 99
Fax +49 40 41 91 93 98
Email info@as-trainer.com 
Web www.as-trainer.com