General Terms and conditions
for using the online database HAD
of the Contract Advisory Centre Hesse (Auftragsberatungsstelle Hessen e.V.)


Preamble:

The Hessian Announcement Database (HAD)

(HAD) is a web-based database. It is run and developed by the Auftragsberatungsstelle Hessen e. V. (Contract Advisory Centre Hesse)on behalf of their supporting organisations, the 10 Chambers of Industry and Commerce, the three Chambers of Crafts, the Chamber of Engineers,the Chamber of Archtitects and Urban Planners in Hesse and the State of Hesse.
The supporting organisations of the Contract Advisory Centre Hesse are solely responsible for the operation and functioning of the HAD as publishers of the database.

The claim to record all public tender notices in Hesse is supported by the Hessian Procurement Decree of 1 Nov. 2007, as amended which obliges all public entities in Hesse to announce their public procurement notice on the Internet platform of the HAD. This includes private clients who are obligated by a public funding approval to apply public procurement law.

1. Using the HAD software and publishing tender notices on the HAD is free of charge for procurement entities. The customer is responsible for his contents.

2. The Contract Advisory Centre Hesse reserves the right to modify and improve the said services. Such information will be announced and documented on the web under the link 'Updates' https://www.had.de/vergabestellen-update.html. The Contract Advisory Centre Hesse reserves the right to post information on this subject by so-called Online-News.

3. The Contract Advisory Centre Hesse reserves also the right to make the information contained in the database available to other online services in the context of licence agreements. On request the HAD commits itself to forward European procurement procedures to TED, without ensuring the admissibility or correctness of content.

4. The Contract Advisory Centre Hesse provides a hotline during normal business hours that answers questions regarding technical support and procurement procedures.

1. The Contract Advisory Centre Hesse is entitled to exclude the customer from the use in case of misuse, this also applies to the suspected case, if the customer can't refute the reasons for the suspicion. In particular, violating the right of use and distributing of unautorised contents is regarded as misuse.

2. Basically, the customer himself is responsible for establishing the technical requirements which are necessary to use the access and transfer opportunities.

All copyrights and other protective rights to the database, the database software or database content remain reserved, unless individual contract-exclusive rights are bestowed on the user. The same applies correspondingly to the protective rights of third parties to database contents. The copyright belongs to the Contract Advisory Centre Hesse.

1. The Contract Advisory Centre Hesse is not liabe for technical problems, which do not occur within the scope of responsibilities of the ABSt, for damage caused by acts of violence or caused by misuse of the system. The same applies to incorrect information (including viruses), with the resulting damage as far as authorized persons and not authorized third parties entered them into the system of the HAD and published them on the HAD.

2. Moreover, the Contract Advisory Centre Hesse is only liable in case of intent and gross negligence. Negligently caused damage will only be covered by liability, if it is causally justified by a breach of contractual cardinal obligations.

3. The Contract Advisory Centre Hesse reserves the right to remove information from the system that contain obvious errors. It is up to the Centre to return it to the sender.

4. The Contract Advisory Centre Hesse does not guarantee the accuracy of the content of the information that is entered into the system of the HAD by entities. In particular, no warranty is given to the effect that the retrieved information is suitable or sufficient for any particular purpose of the user. The contracting parties know that the HAD is an information system that can't be controlled by the provider in respect of the incoming and immediately available information on the web.