General Terms and Conditions of tenderpilot

These General Terms of Use are agreed between tenderpilot GmbH and you.  

Please read (“You”/”Your”/”You”) these Terms of Use (“Terms”) carefully before accepting them by (a) creating a user account on the tenderpilot platform and/or (b) otherwise using tenderpilot.de websites (“Website”). Please refrain from using the Website if you do not agree with all of the Terms. If you are using the Services on behalf of your employer, you hereby represent and warrant that you are authorized to accept these Terms on behalf of your employer. tenderpilot makes the tenderpilot Platform available to you via tenderpilot.de subject to your acceptance of these Terms. Unless expressly provided otherwise, your use of new functional features that supplement or enhance the current Services, in particular the release of new resources by tenderpilot, is subject to these Terms. If there is any inconsistency between (a) these Terms and (b) any other applicable purchase or license agreement between tenderpilot and you, the latter agreements shall govern. You represent and warrant to tenderpilot that you will fully comply with the Terms of Use and the Privacy Policy. Please only use the platform if you agree with the terms and conditions described in this contract.     

§1 Definitions 

In these terms means:  

1. tenderpilot: tenderpilot GmbH, c/o ICO, Albert-Einstein-Str. 1, 49076 Osnabrück, Germany.  

2. Platform, software offered on the websites ‘platform.tenderpilot.com’ and ‘platform.tenderpilot.com’.  

3. Tenderers, also called suppliers, those companies that offer their own products in their own name and on their own account after successful registration on tenderpilot.  

4. Demanders, also called buyers, those companies which, after successful registration on tenderpilot, act as prospective buyers of products offered for sale by the tenderers.  

(5) The Provider and the Customer are entrepreneurs. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity, as well as freelancers, public authorities, public corporations and associations.  

6. Suppliers and customers are called customers, if both are meant.  

(7) A user is any natural person who is authorized to use the platform in accordance with these GTC.  

§2 Subject Matter of the Contract 

1. These contractual conditions apply to the use of the platform.  

2. tenderpilot operates the platform as a virtual marketplace under the protected brand name “tenderpilot”. The platform exclusively serves the purpose of tendering requirements and mediating sales in the business-to-business sector.  

(3) The platform is operated by tenderpilot as a web-based SaaS or cloud solution. In this context, the Customer is enabled to use the software stored and running on the servers of tenderpilot or a service provider commissioned by tenderpilot via an Internet connection for his own purposes during the term of this contract and to store and process his data with the help of the software.  

(4) On the platform, tenderers and customers are brought together for the purpose of initiating purchase contracts. The role of tenderpilot is limited to the provision of the platform required for the initiation of the contract. tenderpilot does not become a contractual partner of the concluded purchase contracts. These are concluded and processed exclusively between the tenderers and tenderers.  

These contractual terms and conditions shall apply exclusively. Contractual terms and conditions of customers shall not apply. Counter-confirmations of customers with reference to their own terms and conditions are expressly rejected.  

By placing your order or by logging in / registering as a user on our platform, you agree to these terms and conditions in the version valid at the time of conclusion of the contract.  

These contractual conditions shall also apply to future contractual relationships.  

8. You can access and print out these terms and conditions at any time, even after the conclusion of the contract, on our website under the link “GTC” and download and save.  

§3 Access and Conditions of Use 

1. tenderpilot may only be used by registered Customers. The Customer may register with tenderpilot by completing and submitting the registration form. By sending the registration, the Customer acknowledges these Terms of Use and assures that all data provided by him during registration are true and complete. The customer is obliged to notify tenderpilot immediately of any changes to their registration data. The registration is only completed when tenderpilot has confirmed the successful registration to the Customer by sending him a user ID and password by E-mail. This confirmation concludes the contract between the Customer and tenderpilot.  

2. You may register only once and create only one user profile. You may not use pseudonyms or pen names.  

3. tenderpilot is solely responsible for deciding on the admission of suppliers and demanders to trade on the platform. There is no entitlement to admission. tenderpilot is entitled to restrict or withdraw the admission of a Customer at any time, irrespective of the legal reason.  

4. tenderpilot exclusively addresses entrepreneurs. Upon tenderpilot’s request, the Customer shall prove at any time that he belongs to this group.  

If and to the extent that you provide personal data of one or more users during registration and/or use, you expressly agree, in addition to these GTC, to our Privacy Policy. This is available at https://www.tenderpilot.de/datenschutz/ and becomes part of the contract.  

6. Only persons who are in a service, employment or training relationship with the customer at the time the contract is concluded may be authorized as users. Direct or indirect use by other persons is not permitted. The Customer warrants that he has obliged each User to comply with these General Terms and Conditions and in this respect exempts tenderpilot from all claims.  

7. You may only use the platform for legally permissible purposes. You may not post or transmit through the Platform any material that (i) infringes or violates the rights of others in any way, (ii) is unlawful, threatening, abusive or defamatory, violates any privacy or publicity rights, or is vulgar, obscene, profane or otherwise objectionable, or (iii) encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any law.  

§4 User ID and Password  

1. The Customer undertakes to ensure that his user name and password are protected against unauthorized access by third parties and to ensure that any employees who are provided with access data do the same. Furthermore, he undertakes not to make his access data available to such circles of persons who are not authorized to act on the platform or who cannot be assigned to his company organization. tenderpilot will not pass on your password to third parties and will not ask you for your password at any time outside of the software.  

2. If the Customer becomes aware of any misuse of his access data, he shall notify tenderpilot thereof without delay. The Customer is liable for all damages caused by the misuse of his user ID if he does not prove that the misuse occurred within tenderpilot’s sphere of risk.  

§5 Type and Scope of the Service  

1. tenderpilot will provide you with the Platform in its current version at the router exit of the data center where the server with the Software is located (“Handover Point”) for use. The Software, the computing power required for its use and the required storage and data processing space are provided by tenderpilot. tenderpilot is not, however, responsible for establishing and maintaining the data connection between the IT systems of you and the described handover point.  

2. If the software runs exclusively on tenderpilot’s servers or those of a service provider commissioned by tenderpilot, you do not require any rights of use to the software under copyright law, nor are such rights granted to you. tenderpilot does, however, grant you the non-exclusive, non-transferable right, limited in time to the duration of the contract of use, to load the user interface of the software for display on the screen into the main memory of the end devices used for this purpose in accordance with the contract and to make the resulting reproductions of the user interface.  

3. The contractually agreed service may not be made available to third parties unless this has been expressly agreed by the parties. 

§6 Prices and Terms of Payment  

(1) tenderpilot offers registered users two options of use on its websites:  

  1. a free, but functionally limited version (“Free Version”) as well as  
  1. several paid versions with additional features (“paid version”).  

(2) Details of the charges for the individual paid versions are set out at https://www.tenderpilot.de/die-loesung/. The prices stated there are binding and do not include the applicable statutory value-added tax.  

(3) Each fee is due after invoicing.  

§7 Rights and Obligations of tenderpilot  

  1. tenderpilot provides the Demand Party with the platform on the Internet. Several suppliers are represented on the platform, from whose offer the enquirer can select and order items. The orders placed by the Demand Party are combined into a uniform order process and forwarded to the respective Providers.  
  1. The provision of the online access required to use the platform is not part of tenderpilot’s service.  
  1. tenderpilot itself does not offer any articles on the platform and therefore does not become a contractual partner of purchase contracts concluded on tenderpilot.  
  1. tenderpilot endeavors to keep the platform available for the Customers 24 hours a day, if possible. The accessibility of the platform may be limited or not available at all during maintenance and repair work or for other reasons. This does not affect the contractual compliance of the services provided. tenderpilot is not obliged to notify such downtimes in advance or to inform the Customer about the expected duration. The Customer acknowledges this as being in accordance with the contract.  
  1. You are obliged to notify tenderpilot immediately and as precisely as possible of any functional failures, malfunctions or impairments of the software.  
  1. tenderpilot reserves the right to change the services offered on the platform at any time and without prior notice or to offer deviating services, unless this is unreasonable for the Users.  
  1. tenderpilot is entitled to limit the scope of services to the Customer at any time or to discontinue the operation of the platform with a notice period of 3 months to the end of the month.  

§8 Rights and Obligations of Customers  

  1. The Customers are obliged to provide tenderpilot and all Customers represented on the platform with truthful and accurate information. They must provide all information required by tenderpilot and the Customers for the processing of the purchase contracts to be concluded.  
  1. The customer undertakes to oblige all persons who operate on the platform via his access facility to comply with these General Terms of Use.  
  1. The customer must ensure that no viruses, Trojan horses or other files or programs that endanger the functionality of the platform or the data of other parties are transmitted through his use of the platform.  

§9 Customer Service and Support  

You may submit questions and explanations regarding your contract or tenderpilot’s services at any time via the contact form available on tenderpilot’s website or by e-mail or letter.  

§10 Attribution of Declarations of Intent  

  1. All declarations of intent, business-like actions and other legally relevant statements or actions (collectively “actions”) posted on the platform at the instigation of a demander or a tenderer, transmitted or received by another demander or tenderer are exclusively actions of the demanders or tenderers themselves. They cannot be attributed to tenderpilot.  
  1. tenderpilot does not assume any obligation regarding the provision of services within the scope of the respective individual contract.  

§11 Warranty / Liability  

  1. tenderpilot does not assume any liability for the correctness and completeness of the information and declarations provided by a demander or tenderer.  
  1. tenderpilot cannot exclude with complete certainty that the person designated as the demandor or offer or in the declaration of intent delivered or received by tenderpilot actually exists. In this respect, the real authorship of a declaration of intent always remains doubtful. The customer acknowledges this as being in accordance with the contract. The Customer who submits or accepts an offer therefore acts at his own risk regarding the existence of the Contractual Partner, unless tenderpilot is guilty of intent or gross negligence.  
  1. tenderpilot also cannot exclude the possibility that a user ID may end up in the hands of a person not authorized by a Customer to make a declaration of intent. This risk is borne by the Customer himself. Any liability of tenderpilot according to the rules of messenger without messenger power is excluded, unless tenderpilot is charged with intent or gross negligence.  
  1. Disclaimer. You agree to indemnify and hold tenderpilot, its officers, agents, branding partners, alliance members or other partners and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your User Content, your use of the Services, including use by your employees, your connection to the Services, your violation of the Terms, or your violation of any rights of another.  
  1. tenderpilot shall be liable for damages resulting from an intentional or grossly negligent breach of duty as well as fraudulent intent on the part of tenderpilot, its legal representatives or its vicarious agents. Insofar as tenderpilot is liable for a grossly negligent breach of duty according to sentence 1, the liability for damages towards companies is limited to the foreseeable, typically occurring damage.  

Furthermore, tenderpilot is also liable for damages caused by simple negligence, as far as the negligence concerns the violation of such essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the Customer may regularly rely (cardinal obligations). In this case, however, the liability is limited to the foreseeable, typically occurring damage.  

Furthermore, tenderpilot shall be liable without limitation for damages to life, body and health for which it is responsible and which are based on a negligent or intentional breach of duty. Furthermore, tenderpilot is also liable within the scope of this guarantee, insofar as tenderpilot has given a guarantee.  

Any further contractual or statutory liability is excluded – unless it is mandatory by law – regardless of the legal nature of the asserted claim.  

Insofar as tenderpilot’s liability is excluded or limited, this shall also apply to the personal liability of its employees, workers, representatives and vicarious agents as well as their liability for their conduct.  

  1. Disclaimer of Warranties. The material and information provided on this Platform is provided “as is” and without warranties of any kind, express or implied. You expressly agree that your acceptance and use of this Platform is at your sole risk. To the fullest extent permitted by law, tenderpilot disclaims all warranties, express or implied, including, but not limited to, warranties of title, implied warranties of merchantability and fitness for a particular purpose with respect to the use of the Platform. tenderpilot does not warrant that the Website, computer systems or software will be uninterrupted or error-free.  

§12 Intellectual Property and Copyright Notice  

This website is controlled and operated by tenderpilot. Our proprietary materials on this website, including without limitation images, text, pictures, audio files, video files, and the selection, coordination and arrangement of such materials (collectively, the “Intellectual Property”), are protected by copyrights, trademarks, service marks or other proprietary rights owned either by us or by third parties who have granted us a license to their Intellectual Property. All other trademarks, service marks and trade names used on the Site belong to their respective owners. We permit you to download a temporary copy of all or part of the Intellectual Property onto a single computer for the purpose of viewing and browsing the Intellectual Property, unless otherwise specified. Material from this website and from any other website owned or operated by tenderpilot may only be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way to the extent expressly permitted in these Terms of Use. Any use or modification of tenderpilot’s intellectual property in any form, including, but not limited to, use on another website or in a networked computer environment without express permission is a violation of our copyright and other proprietary rights and is strictly prohibited.  

§13 Termination of the Contract, Refund of Prepaid Fees  

  1. 1. You can terminate the Free Version at any time and without giving any reason.  
  1. 2. The paid versions can be terminated by you or tenderpilot without giving reasons with a notice period of three (3) months to the end of the month.  
  1. The termination can be declared by e-mail or letter to tenderpilot or to you. When giving notice of termination, the company name and the e-mail address registered on our platform must be stated.  
  1. The right of both parties to terminate the contract for good cause shall remain unaffected. An important reason for termination by tenderpilot exists in particular if the continuation of the contractual relationship until the expiry of the statutory period of notice is not reasonable for tenderpilot, taking into account all circumstances of the individual case and weighing up the interests of both parties. Important reasons are in particular the following events:  
  1. In case of good cause tenderpilot may also impose the following sanctions against you irrespective of termination:  
  1. In the event of termination of the contract or blocking of access in accordance with this clause, you shall no longer be entitled to a refund of any fees already paid in advance.  

Furthermore, tenderpilot shall not be liable to you or any third party for any termination, modification or suspension of the Services.  

§14 Place of Jurisdiction – Place of performance 

1. Place of jurisdiction is Osnabrück; however, tenderpilot is also entitled to sue the Customer at the court of his place of residence.  

2. The law of the Federal Republic of Germany shall apply.  

3. Place of performance is Osnabrück.  

tenderpilot reserves the right to change, amend or remove any part of these Terms and Conditions at our discretion at any time with reasonable notice, which notice may include posting such changes on our website for 30 (read: thirty) days and/or sending you notice by email. You agree to check the Website for changes to these Terms and to keep us informed of such changes via your then-current email address (if you provided us with an email address during registration). Continued use of the Platform by you following the posting of changes to the Terms, including the Privacy Policy, will constitute acceptance by you of those changes.