General Terms and Conditions

For the Use of the Online Materials Databases StahlDat and StahlDat SX in the Entire Product Range.

You can download Terms and Conditions  here.

1. Service Provider

Verlag Stahleisen GmbH (hereinafter referred to as 'Stahleisen')

Sohnstraße 65, 40237 Düsseldorf,

Represented by 

Frank Toscha, Managing Director,

VAT identification number: DE 8 1111 5962

Commercial Register HRB 9, Düsseldorf District Court,

 The above-named entity is the provider of the online materials databases StahlDat und StahlDat SX, as well as of all other online databases that are provided at the addresses www.stahldat.de, www.steel-data.eu, and www.stahldaten.de (hereinafter referred to as 'Address').

Above named entity is also the contracting party to the client.

2. Scope of Application

2.1 The following terms and conditions govern the use of the online materials databases StahlDat and StahlDat SX provided at the Address in their current versions as well as the use of all other online databases provided at the Address by Stahleisen (all mentioned databases are hereinafter referred to as 'Database'). The Database facilitates digital access to data and facts pertaining to steel materials and related technologies. The precise scope of services rendered shall be defined by the client-selected Database versions and modules, and relevant licences. 

2.2 The following terms and conditions shall not apply to the delivery of other products, particularly with regard to periodicals and/or other media. Such delivery shall be subject to separate terms and conditions.

3. Conclusion of Contract

The contract on the use of the Database by the client (Database User Agreement) shall become effective in the following manner: 

3.1 Upon registration at the Address and successful user account verification, the client may order the desired Database versions and modules online using the online order form, or by phone, letter, or fax. Having received the order, Stahleisen shall send an order confirmation containing a description of the ordered Database versions and modules (hereinafter referred to as 'Order Confirmation') to the email address provided by the client. In the event of ordering via the online order form, the client shall expressly accept and agree to the General Terms and Conditions contained herein by clicking a marked box (showing a tick mark). In the same window, the client will find a marked link for downloading and, if desired, for printing said terms and conditions.

Together with the Order Confirmation, the client will receive an access code, allowing log in and Database access within the ordered extent.

3.2 Upon request, Stahleisen will be happy to offer multi-user licences to the client at favourable terms. In such an event, the Database User Agreement shall become effective at the time when the client logs in with the access code for using the Database, and no later than upon the client's receipt of the invoice.

4. Access to Database

4.1 The client shall be able to access the Database by use of personal passwords. In exceptional cases, access may be permitted in a different manner based on a separate agreement.

4.2 The use of the Database takes place in a virtual user environment on the Stahleisen webserver or a designated third party, where the client can log in with the access data disclosed to such client. For proper use of the Database, the client's equipment might be required to accept cookies, both session cookies and permanent cookies. Another technical requirement is a current, widely used browser, as well as sufficiently fast broadband internet access. DSL or a higher speed connection is recommended.

4.3 The client shall be obligated to keep the provided access data confidential and to prevent the use thereof by third parties. In the event of misuse, Stahleisen shall be entitled to deny access. The client shall be liable for any misuse of access data provided to such client. The client may allow the use of the Database to one or more of his employees (hereinafter referred to as 'Personal User"). In such an event, the client agrees to ensure that the Personal User of the Database complies with the non-disclosure obligation regarding the access data. The client agrees to provide Stahleisen with a valid email address for each Personal User, to be updated as necessary for accuracy. This shall particularly apply in the event that access data provided to the client is distributed to a different Personal User.

5. Scope of Service / Availability

5.1 Stahleisen agrees to use all reasonable efforts to ensure that the Database is up to date at all times. However, the Database is not a product that remains stationary, allowing retrieval in an unchanged system environment with the same content and the same system requirements over a lengthy period of time. The Database is much rather subject to continuous technological and content-related maintenance, updating, and development.  

5.2 Stahleisen shall be entitled to continually and without prior notice carry out modifications and updates of the Database content. This shall include the right to remove, in whole or in part, data, and data collections from the Database. In continual Database maintenance, Stahleisen partially depends on information from third parties, such as applicants for new entries etc.  

This might cause delays in content updating. Some documents posted on the Database are automatically selected and converted by computer programmes. It cannot be ruled out that errors occur, that changes are not entered, or that entered content will not display at the client's query. In individual cases, it is recommended that the client, on the client's own responsibility, verify the data from the Database for completeness and currency prior to utilisation.

5.3 Stahleisen shall not be responsible for the client's system environment. The client agrees to ensure such client's equipment meet the requirements necessary for the use of a relevant Database. Stahleisen reserves the right to modify and/or adjust to new technologies the system environment in which data is retrieved, as well as other system requirements. Stahleisen shall be careful not to allow system requirements that exceed the current state of technology. In the context of technological development, however, technical requirements for Database access might change. In such an event, it shall be the client's responsibility to provide for technical requirement adjustments necessary for compatible access and transmission.  

5.4 Stahleisen agrees to use all reasonable efforts to protect the Database from any kind of malware. However, Stahleisen cannot guarantee that, particularly while downloading, documents or parts thereof get infected by malware or the like with the potential to cause errors, data loss, or other damages in the client's system environment. The client shall protect his own system environment by means of appropriate defence measures, such as installing current, reliable antivirus software. Stahleisen shall not be held liable for damages to the client caused by intrusion of malware that Stahleisen is not responsible for.  

5.5 The Database is designed to be made available 24 hours per day, every working day, Sunday and holiday. However, momentary downtimes due to Database and system environment maintenance and upgrades are unavoidable. Downtimes due to unexpected system failures that Stahleisen is not responsible for (e.g. required system backup in the event of an attack by malicious software, a third party, etc.) are also unavoidable.

5.6 Stahleisen reserves the right to place a reasonable amount of any kind of ads within the Database system environment. These ads will be clearly visible to the client and include both self-advertising and third-party advertising.

6. Price and Payment

6.1 The fee for the use of the Database shall be as stated in the schedule that is valid on the date of contract conclusion. The fee for the use of the Database shall be due and payable annually in advance. The first invoice shall be issued during the first month of use of the Database and will cover the time until the end of the first year of use of the Database.

All fees are exclusive of the applicable VAT. The prices invoiced by Stahleisen are due and payable immediately upon receipt of the invoice.

6.2 In the event of extensions of the Database used by the client that are significantly larger than the agreed size, Stahleisen may increase the fee by a reasonable amount with timely notice, if the client does not object. The additional charge will be invoiced from the time of the fee adjustment.

7. Liability for Defects, Limitation of Liability

7.1 Stahleisen diligently examines the data posted on the Database. Factual errors and transmission failures cannot be completely ruled out. Uninterrupted Database availability and contractual characteristics cannot be guaranteed. In no event shall Stahleisen be liable for any erroneous Database information from manufacturers or references to erroneous third-party information. In the event of a Database flaw, the client shall without delay notify Stahleisen thereof in writing or by email. Timely and efficient elimination of defects requires exact defect reproducibility based on the client's report. Upon receipt of a notice of defect, Stahleisen shall use all reasonable efforts to eliminate such defect within a reasonable time period.

7.2 Any and all liability that Stahleisen may have shall be exclusively for fault by Stahleisen, its statutory agents, managerial staff, or vicarious agents. This also applies to liability for defects pre-existing at the time of contract conclusion. The liability of Stahleisen shall be limited to the amount for loss and damages customary and predictable for the relevant violation of due diligence. This shall not apply to intent and gross negligence and neither shall it apply to intent and gross negligence by statutory agents or vicarious agents. Furthermore, same shall not apply to negligent non-fulfilment of material contractual obligations, i.e. obligations that the client can rightly rely upon in the context of the purpose of the contract. Same shall also not apply to breach of warranty, incurring procurement risk, culpable cause of death, injury to body or health, and in the context of liability according to the product liability law.

7.3 Liability of Stahleisen for slight negligence causing loss of client data and/or programmes shall be limited to the customary recovery expense that would have incurred at regular and appropriate data backup by the client. 

7.4 The Database content is diligently examined and prepared to the best of our knowledge. However, Stahleisen does not warrant the accuracy, completeness, or currency of the content. In that respect and in accordance with 7.2 and 7.3, Stahleisen shall not be held liable for damages that could be attributed to the use of the Database, its content and related information.

8. Copyright and Rights of Use

8.1 The Stahleisen Database is protected by copyright. Stahleisen grants the client a non-exclusive, non-transferable, non-sub licensable, temporary right over the duration of the Database User Agreement to use the relevant Database, (hereinafter referred to as 'Licence'), if applicable, with a number of personally assigned workstations as specified in the Database User Agreement. The use of the Licence in excess of the above described scope, such as multiple accessing, particularly via internet, is not permitted.

8.2 The client agrees to use the Database solely for his own purposes. It is strictly prohibited to allow unauthorised third parties to have access to the Database, or disclose Database content to unauthorised third parties.

8.3 The client shall not permanently store, digitally archive, or print out material portions of the Database. This shall not apply to printing and/or project-related archiving of retrieved content and/or analyses, including but not limited to documents, parts of documents, analyses, images, listings, and other illustrations from the Database, to a reasonable extent and for private or internal business purposes.

8.4 The client shall be entitled, to a reasonable extent and in extracts, to pass on the above mentioned content and analyses to a third party (e.g. project customers) and/or to insert the same in project descriptions, individual offers and the like, provided that those portions from the Database are not material.

8.5 The client agrees not to make any changes to the extracts from the Database, including but not limited to obscuring or removing any copyright notices, trademarks, serial numbers, and/or other programme identifiers from contents and analyses retrieved from the Database.

9. Data Protection

Stahleisen complies with the German Data Protection Act. Stahleisen collects, stores, and processes personal client data for the purposes of the Database User Agreement. The current data protection provisions of Stahleisen shall apply and can be found here

10. Correspondence

Stahleisen shall be entitled to contact the client for contractual purposes at the mailing or email address the client provided with registration. In the event of an address change, the client shall, without delay, notify Stahleisen thereof.

11. Assignment of Right to Use Database

The client agrees not to assign to a third party any right granted under the Database User Agreement without the prior written consent of Stahleisen.

12. Term and Termination

12.1 This Database User Agreement shall commence on the date the client is enabled access, and no later than the date the invoice is received by the client. The term of the Agreement shall be for the period of one year. Unless otherwise agreed, the Database User Agreement shall be renewed automatically for one more year, except notice of termination is given no later than 6 calendar weeks prior to the expiration of the Agreement. Any notice of termination requires written or electronic form (§ 126 b, German Civil Code). The right of extraordinary termination shall remain unaffected thereby.

12.2 Termination of the Database User Agreement shall cancel the client's right of use and shall entitle Stahleisen to deny client access to the Database.

13. General Provisions

13.1 Both the Database User Agreement and the present General Terms and Conditions are exclusively subject to German Law to the exclusion of the conflict rules of the private international law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

13.2 Any and all modifications and amendments to the Database User Agreement or these General Terms and Conditions must be in written form in order to become effective.

13.3 Provided that the client is a registered trader or a legal entity under public law, venue for any and all disputes from and/or related to the Database User Agreement and these Terms and Conditions shall be the seat of Stahleisen.

13.4 In the event that any of the provisions of these General Terms and Conditions is or becomes invalid, the validity of the remainder of the Database User Agreement shall continue in full force and effect, unless continued compliance with the terms of the Database User Agreement constitutes unreasonable hardship for one of the contracting parties in accordance with § 306 (3), German Civil Code.

14. Instructions on Cancellation, Right of Cancellation, Consequences of Cancellation

Right of Cancellation

As a consumer, you may withdraw your contractual declaration without stating any reasons within one month in text form (e.g. letter, fax, email). The period of time begins upon receipt of the notice of the right of cancellation in text form, at the time of the services being rendered, but not prior to the date of the Agreement and not prior to the fulfilment of our duties to furnish information in accordance with Art. 246, § 2, in conjunction with § 1 (1) and (2), Introductory Law of the Civil Code, and our obligations according to § 312g (1) Sentence 1, German Civil Code, in conjunction with Art. 246, § 3, Introductory Law of the German Civil Code.

To protect your right of cancellation, a timely mailing is advisable.  

The cancellation notice shall be addressed to:

Verlag Stahleisen GmbH

Sohnstraße 65

40237 Düsseldorf

Fon+49 211 6707-542

Fax+49 211 6707-555

info@stahldaten.de

 

Consequences of Cancellation

In the event of an effective cancellation, both parties agree to return what has been received in performance of the Agreement, and deliver the benefits derived from such performance (e.g. interest), if applicable. In case you are unable, partially unable, or only able to return in deteriorated condition the performance received and the benefits derived from such performance, you agree to compensate the appropriate value thereof. This may result in your responsibility to still meet the contractual financial obligations for the period up to the cancellation.

Obligations to reimburse payments shall be fulfilled within 30 days. This period commences for you on the date of mailing the notice of cancellation, and for us on the date of receipt thereof.

 

Special Warning

Your right of cancellation will lapse prematurely, if the Agreement, at your express request, has been completely implemented by both parties prior to your exercising your right of cancellation.

 

Verlag Stahleisen GmbH Sohnstraße 65

40237 Düsseldorf

www.stahldat.de

www.steel-data.eu

www.stahldaten.de

Fon+49 211 6707-550 Fax+49 211 6707-555

stahldat@stahl-zentrum.de