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General Terms and Conditions/br> for TENDERERS
Hessian Announcement Database (HAD)
Invitations to tender by contracting authorities in Hesse

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 Subject of agreement

1. Since 1st January 2011, the searching for tender notices in fulltext on the HAD has been free of charge for all companies, craft enterprises and freelance offices as potential tenderers.
2. For commercial users, a license agreement for using the HAD is required.

3. Since 1 January 2011,the set-up of a qualified profile has been charged as a particular service. It facilitates the selection of announcements and allows the transmission of selected data as an e-mail in the inbox of the user.

4. The Contract Advisory Centre Hesse offers an online access to the content of the HAD. The access and numerous possible usages are described on the website. Depending on the use, temporary access bottlenecks can not be excluded.

5. 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.

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

7. The Contract Advisory Centre Hesse is entitled to exclude customers from using the database, especially in cases of suspected misusage. A misusage is especially the violation of the right of use.

2 Contract duration and conclusion of the contract

For new customers:

After the initial registration,the password will be enabled in order to permit a simple search for a period of one year. The user will be informed about the forthcoming expiry of the period in time and receives a prompt to enter the new contact data. Thereafter, the HAD access will be reactivated. If the contact data are not renewed after one year, the access will be blocked.


2. A continuation of the contract after blocking requires a new initial registration.

3 Chargeable search profile

1. To facilitate the search for notices, the Contract Advisory Centre Hesse provides a special search service. The user creates a personal profile that stores his own service areas permanently and enables him to search for appropriate notices without entering his keywords each time. If desired, the user could replace the active search by a mail service. Then, the selected notices are automatically sent to the given e-mail address daily.

2. The minimum term for a profile subscription is six months. The pricing for the subscription, you can see on the current price list, which is placed on the HAD platform https://www.absthessen.de/preise-had.html It is part of the contract.
The profile can be reactivated if not more than 2 years have passed since the last registration.

3. The contract for using the service profile of the HAD becomes effective with the transfer of the user fee. After receipt of payment, the profile search will be enabled. By notice in writing within a period of 1 month to the end of the service lifetime, the contract can be cancelled. If the contract is not cancelled, it will be extended automatically depending on the chosen contract period for the same period. The user is made aware of the prolongation of the service lifetime and is given an invoice for that period.

4. The chambers take over the cost for their Hessian members. The qualified profile is activated on request free of charge.
5. An instant dismissal by the Contract Advisory Centre is possible in case of misuse and default of payment. Misuse will especially be considered if the duty of care concerning the password is breached.

6. The user has to submit an evidence that he is not liable to pay a charge.

4 Rights of use

1. The search results are only meant for personal use, especially for a professional use by the customer who is searching for public contracts as an applicant/bidder. The user is only allowed to make use of announcements that correspond with his business activities. The download of the notices for posting on a commercially operated database is inadmissible. Exceptions require the written approval of the Contract Advisory Centre Hesse.

2. The electronical multiple use with only one password, and the dissemination of search results to third parties - whether in return for payment or for free - is prohibited. Transfering information of the HAD is only allowed after a separate written agreement with the Contract Advisory Centre Hesse.

5 Liability, duties and obligations of the customer

1. The customer has the right to search for notices in the database HAD He obligates himself, not to misapply his granted rights of using the HAD and to refrain from illegal acts.

2. The customer is responsible for the protection of the password he has received. For damages resulting from misuse or loss of the password the customer received, the Contract Advisory Centre Hesse is not liable . The customer is liable for dysfunctions caused by the improper use of the database. The customer keeps in particular the password a secret, or arranges for a change of the password immediately, if he presumes that third persons has come to know it.

3. The Contract Advisory Centre Hesse is entitled to exclude the customer from the use in case of misuse.

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

6 Copyright

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.

7 Limitation of Liability

1. The Contract Advisory Centre Hesse is not liabe for technical problems, which do not occur within the scope of responsibilities of the Centre, 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 does not guarantee the accuracy of the content of the information that is entered into the system of the HAD by public 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.

8 Secrecy and Data Protectioz

1. The contracting party is hereby informed according to 33 para 1 of the Federal Privacy Act and 4 of the Teleservices Data Protection Regulation, that the Contract Advisory Centre Hesse processes its address in machine-readable form and for tasks arising from the contract.

2. As far as the Contract Advisory Centre Hesse involves third parties to provide the offered services, it is entitled to pass the participant data to the external support as far as it is necessary under this contract.

9 Other Provisions

1. The Contract Advisory Centre Hesse reserves the right to supply the users of the HAD with information on "public procurement" (newsletter) and seminar offers. For this, it uses the address data provided by users. At any time, HAD user can unsubscribe from the news in writing.

2. If a commercial company is a contracting party, the domicile of the Contract Advisory Centre Hesse will be the venue of the parties as agreed.

3. If agreement terms of these general terms and conditions of the Contract Advisory Cetre Hesse for using the HAD are invalid, this shall not affect the effectiveness of the overall contract. Only the law of the Federal Republic of Germany is applied.

4. By using the Hessian Announcement Database HAD, the customer accepts these terms and conditions.


Brigitta Trutzel
Managing Director
Auftragsberatungsstelle Hessen e.V. (Contract Advisory Centre Hesse)


Effective: January 2013