General Terms of Business Community4you GmbH (as of December 2001)

§ 1 Definitions

We, the contractor Community4you GmbH, Händelstraße 9, 09120 Chemnitz.
You, the customer, ordering party, is any one, who purchases the services and products from Community4you.
Partner, is anyone, who is engaged in business within the scope of a co-operation with Community4you.
Acknowledgement of order, a validation of a detail listed services and products ordered by you, transferred to and was also received by Community4you.
Consultation services, Consulting, service offers, all services or attendance services as well as consultation services described in the offers and acknowledgement of orders of Community4you.
Products, software, all products including all the system software or application system described in the offers and acknowledgement of orders of Community4you.

§ 2 Validity and area of application

We execute all the services, deliveries and offers on our products and services exclusively on the basis of this general terms and conditions.
These are valid for the present business relations between you and Community4you, as well as for all the related and indicated information in advertisement undertakings, price list, brochures, etc. irrespective of whether this was being made per internet, orally or in writing. You acknowledge the validity of these conditions latest at the time of placing your order. General terms and conditions varying from these conditions will not be recognised. Business conditions of the customer with reference to his business conditions or other conditions is hereby being explicitly disagreed.
Community4you is authorised, anytime, to modify the effect of these general terms and conditions anytime for the future.

§ 3 Offers and conclusion of contract

All offers of Community4you are always without engagement and without commitment, except being explicitly stated in the offer or reference is being made to some thing else. Technical and non-technical descriptions, service descriptions, illustrations, drawings as well as other services data and information are only then engaging, if this is explicitly agreed on and in writing.

As far as no information with respect to the validity of the offer is contained in the offers, the offer will therefore have a validity of 30 days. You can place your orders in writing, per internet, per telephone or facsimile. We are reserving the rights, before carrying out an order, to require or demand a written placing of order. Furthermore, Community4you reserves the right to modify products and services anytime, as far as the modified products and services are having the same functionality and performance.

§ 4 Prices and terms of payment.

As far as it is not being specified otherwise, Community4you is restricted and abides by the prices, indicated in the offer, and 30 days as from their dates. Specified prices for the products and services are net prices and thereby do not include taxes, forwarding expenses, insurance charges and installation charges as well as no expenses for services (e.g. travelling expenses and overnight stay expenses.). These expenses will be calculated separately. Community4you reserves the right, in the case of fluctuations in exchange rates, custom duties and taxes, to respectively re-adjust these prices for future business transactions.

Payments take place - according to agreement - either per payment in advance or within a period of 30 days starting from the date of invoice. Community4you is authorised to first of all impute old outstanding money. Community4you is authorised, in case expenses and interest were being incurred, to impute firstly the expenses, secondly the interest and lastly the main claim.

Community4you reserves the right, in case of delayed payment, to withhold deliveries and / or other services till the complete sum has been paid, interest for default at a rate of 4% of the current rediscount rate of the Central Bank as well as reimbursement of the incurred damages as a result of this default will be levied. Checks will be accepted just for the sake of gratification.

The customer is only then entitled to an offset, retention or reduction, if the counter-claim was being ascertained to be final or disputeless.

§ 5 Delivery / Transfer of perils / Retention of title

Time of delivery, as far as it is not explicitly agreed on in writing, will only be roughly stipulated. Community4you is authorised to carry out partial delivery and partial services. The place of delivery is included in the offer, in the acknowledgement of order, in the service agreement or in the license agreement. You have to bear all the related charges in case of default of acceptance. The peril will be transferred to you on delivery.

The right of property of the delivered products and services can be passed over to you only after complete payment of the purchasing price.

You are permitted, within the scope of a proper business transaction, to resell the retained goods, but however transfer all the resulting claims against your sub-purchaser with the complete sum of our payment claims to us. You are going to notify us immediately and in writing of the access of a third party to the retained goods or of the transferred claims and refer third parties to our rights. You are not permitted to possess the retained goods, in case you delay in your payment, stop payment or if the opening of an insolvency procedure on your property has been applied for. In such a case, we are authorised to back out of the agreement or to take back the retained goods or to call off your authorisation to the collection of claims from the resale of these goods and to request information on the sub-purchaser of the retained goods as well as notifying him of the transferred claims and collecting this claims.

§ 6 Warrantee

The legal warrantee is valid for the products and services delivered by Community4you, and with the following restrictions:

In case of insufficiency with respect to the products and services or of errors of assured property, Community4you is authorised, with respect to its choice, to subsequently improve or make a compensational delivery within a reasonable period. In exchange we are therefore authorised to examine our products and services in your or our premises. In case the problem occurs only in the implementation of a product or service, assist us so that the problem can be understood at your or our premises.

You are authorised, so long as the subsequent improvement or compensational delivery has failed, to demand a discount of the purchasing price (reduction) or cancellation of the contract.
Community4you does not specially render danger for services:
whose targets were accordingly achieved
the suitability of the product and services for a specific application
insufficiency, which occurs as a result of faulty installation by you or by a third party you authorised, interference or modification of the products and services by you or by a third party you authorised, as well as insufficiencies which can be attributed to operational errors and external influences.

You must immediately inform us in writing, per e-mail or facsimile - within 5 working days - after delivery or reception of the services, of the insufficiency. Insufficiencies that could not be discovered during thorough checks, within the above mentioned period, are to be notified immediately on discovery.

You will be having guarantee claims, with respect to software products and corresponding services, only if the reported insufficiencies are reproducible or can be pinpointed to be machine-made. You have to report the insufficiency in a comprehensible form and by indicating the information for its recognition in writing. You are to assist Community4you, as much as possible, in the eradication of these insufficiencies or in their reproduction. If necessary you guarantee Community4you access to the environment of the problem in your premises. The guarantee for software expires for such programmes and data, which were being modified with respect to the state in which they were delivered, except the customer proves, with respect to the eradication of errors, that the interference is not the cause of the error. Community4you can demand payments for his efforts and expenses, if he was active in the eradication of an error although there really was no error or insufficiency or if the customer did not create the conditions agreed on in these terms and conditions.

The above mentioned items are terminatory. Guarantee claims beyond these are excluded.

§ 7 Liability

We are unrestrictedly liable for wilful acts or gross-negligence. For errors of warranted properties or as far as contractual duties are being violated, we are liable for the incurred damages including the indirect damages, and limited to a two-fold of the value of the respective order. Liability is excluded as far as there were existing measures of reducing the damage on your part, but which were not being applied, e.g. application of data protection according to the rules.

For damages with respect to defects of title ( intellectual property rights) especially due to violation of copyrights by a third party, the ordering party is unlimitedly liable. Community4you will exempt you from claims of third parties with respect to violation of intellectual property rights provided you immediately inform us in writing of such claims and you provide us with all the necessary defence measures (e.g. conduct of a case, termination of compromise settlement, etc.). You will hereby assist Community4you as much as possible. Community4you will either modify violating products and services or replace them with non-violating products or reimburse you the purchase price excluding utilisation remuneration.

All other rights and claims, irrespective of their legal basis, are excluded. This is also valid for the application of indirect damages (consequential damages, such as lost profits ).

Claims made according to the product liability law remain, with respect to the above liability restrictions, unaffected.

§ 8 Software

The regulations of the respective license agreement in addition to these general terms and conditions are valid for the software, irrespective of whether they were being created or produced by Community4you or being delivered by a third party as a product or service. These are attached to the respective products or delivered with them. You are explicitly acknowledging the license agreement.

§ 9 Force majeure

Community4you is not responsible for the non-fulfilment of the of contractual duties, provided the non-fulfilment is based on obstacles out of his sphere of influence. These are, for instance, natural disaster, territorial measures, etc. Agreed periods are prolonged. Each party is then authorised to terminate the contract without respecting the cancellation period in case the obstruction lasts more than two months. Extensive claims are excluded.

§ 10 Customer's participation

You agree to provide us with all the necessary information, to give us access to products and services as well as necessary co-orperartional activities so as to assist our services. You must eliminate, before the implementation of the warrantee services, all the products, modules and components, which were not being delivered or installed by Community4you, as well as create safety copies of date, files and programmes.

§ 11 Secrecy

The contract parties will handle all company or business secrets of the other business partners known to them within the scope of the business relations as strictly confidential, even after termination of the contract.

§ 12 Applicable rights, place of jurisdiction, partial voidness

The German law is valid for these business relations as well as for the privity of contract between the customer and Community4you. The UN - purchase law will be excluded, provided it is being adopted by the German law for foreign customers.

The exclusive place of jurisdiction of all disagreements resulting directly or indirectly from this contractual relationship is Chemnitz.

Should individual conditions of these business conditions be ineffective, so will the effectiveness of all the other conditions or agreements remain untouched.

§ 13 Miscellaneous

You are not authorised to transfer claims of this agreements.

Contract termination is to be made in writing and is to be posted per registered mail.