General terms and conditions of business

General terms and conditions of business
the iSearch GmbH

Preamble

iSearch GmbH, (address) (hereinafter "ISEARCH") offers its customers the opportunity to present itself as a company on the Internet to a large number of customers. The internet portal offered by ISEARCH, described in Appendix 1, serves as a platform for the own company profile, which can be evaluated by the internet users. The profile is also integrated on a large number of other websites and thus achieves a maximum advertising effect.

This GENERAL TERMS AND CONDITIONS regulate the contractual relationship between ISEARCH and the customer.

1. scope of application

1.1 The Contract between ISEARCH and the customer is exclusively subject to these terms and conditions (hereinafter "Terms and Conditions"). Any AGB of the customer remain unconsidered.

1.2 If an order is placed via the portal described in Appendix 1, the descriptions on the website do not constitute a binding offer by ISEARCH to conclude a contract.

2. registration and customer account

2.1 In order to be able to set up his own profile on the Internet portal, the customer must first register and create a customer account. For this purpose, the customer must agree to the validity of these GTC. All required fields in the registration form must be filled out. As soon as all necessary master data have been filled in and transmitted to ISEARCH, the company profile will be activated immediately and an access delegation will be assigned. After registration by the customer, ISEARCH will send a confirmation email to the email address provided. This contains an activation link for the company profile. Only after the activation via the activation link the registration is complete and the company profile is activated on the internet. Alternatively, the customer can register by fax. The first registration is done by activating ISEARCH. There is no claim to online access.

2.2 All master data requested by ISEARCH during registration must be complete and correct. The access data to ISEARCH, especially the access password, must be kept secret by the customer and may not be passed on to third parties.

2.3 There is no right to registration. ISEARCH is entitled at any time to reject a registration request or to delete the master data of registered customers without giving reasons, if there is a violation of paragraph 4 or essential principles of these GTC Terms of Use.

2.4 The customer can delete the company profile at any time. ISEARCH reserves the right to delete the activated company profile in case of non-payment of the agreed remuneration despite reminder with an appropriate deadline.

2.5 It is not possible for ISEARCH to check the master data provided by a customer for correctness. Therefore ISEARCH cannot take responsibility for the correctness and/or completeness of customer data. ISEARCH will immediately follow up on justified complaints and, if necessary, eliminate them by taking appropriate measures.

3. services of ISEARCH

3.1 ISEARCH undertakes to present the company profile of the customer for the duration of the contract under the domain described in Appendix 1 on the Internet.

3.2 The company profile is also included on a number of other websites. A detailed list of all websites can be found in Appendix 2 to these GTC.

3.3 ISEARCH also provides the customer with advertising space for a fee. The customer's company profile will be entered in appropriate categories and displayed in the category search of the respective website. Additionally it is possible to book own advertising space on reserved areas of the website. Further information can be found in section 8.2.

3.4 For the accessibility of the company profile an average availability of 98% per year is owed. However, ISEARCH assumes no responsibility for the success of any access to the Site, except where networks operated exclusively by ISEARCH or its contractors, including interfaces to third party networks, are used.

3.5 In order to optimise and improve the performance of the systems provided for the provision of the Services, ISEARCH provides for maintenance windows, which are generally used outside normal business hours, usually Sundays between 1:00 a.m. and 5:00 a.m., if necessary. During these maintenance periods ISEARCH may take its technical equipment out of operation to the extent necessary and to a minimum extent. The customer will be informed in good time by e-mail about the performance of maintenance outside of the above-mentioned maintenance window.

4. duties of the customer

4.1 The portal serves to present companies on the Internet to potential customers. In ISEARCH's view, this requires that visitors to the portal be able to submit ratings for the companies presented there.

Therefore, by registering the user account, the customer expressly agrees that his company can be evaluated by users of the portal on the profile page. This consent will be expressly obtained again by the customer at the end of the registration process.

4.2 In addition, the Customer agrees that a screenshot of his company website may be used in the search results on the Portal and the websites listed in Appendix 2.

4.3 The following rules apply to the posting of content (text, images, videos, etc.):

- Content may not violate laws or essential principles of these GTC.
- In particular, the customer undertakes to ensure that the content he disseminates does not violate the rights of third parties, in particular copyright, personal rights, patent and trademark rights and other rights. He also undertakes to observe the applicable criminal laws and youth protection regulations while using ISEARCH and when creating information, content and advertising. In addition, the customer will not spread any racist, holocaust denying, grossly offensive, pornographic or sexual, youth endangering, extremist, violence glorifying or trivialising, war glorifying, advertising for a terrorist or extremist political agreement, inciting to a crime, defamatory statements, insulting or unsuitable for minors or other criminal contents on ISEARCH.
- Contents may also not violate the rights of third parties, in particular copyright and trademark rights.

5. rights of ISEARCH; control of content, blocking and other measures

5.1 ISEARCH is entitled, despite the absence of legal obligation, to check the contents of the customer before publication for negligence and to delete or not activate them in case of violation of these terms and conditions. Furthermore ISEARCH has the right to edit, move or close customer content.

5.2 ISEARCH provides a basically free website. All services offered free of charge are provided by ISEARCH as a voluntary service. In this case the customer has no right to a service, the fulfilment of certain requirements and a constant and uninterrupted availability of the portal. In particular, ISEARCH can at any time, temporarily or permanently, stop its free services without prior, explicit and individual information of the customer.

5.3 ISEARCH is entitled to adapt, improve and further develop the Portal and the websites listed in Appendix 2, as well as to completely discontinue the services provided free of charge, at any time after prior notice.

5.4 ISEARCH has the right to warn the customer at any time without warning and to block the customer temporarily or permanently if there are concrete indications that the customer has violated the regulations according to section 4 of these terms and conditions, legal regulations or rights of third parties. Blocked customers are not allowed to register a new customer profile.

6. rights to content and rights of use of the portal

6.1 All registered customers are granted a simple licence to use the portal and the other websites listed in Appendix 2 upon acceptance of these General Terms and Conditions, which permits the use of the functions and information contained therein for the intended purpose. Any further use, change and/or modification of the software is expressly prohibited. In particular, the customer is not permitted to rent, sell, license, assign or otherwise transfer the rights granted to him by ISEARCH. The customer is expressly forbidden to determine and disclose the source code of the program. If the visitor violates the agreed scope of use, he is obliged to compensate ISEARCH for the resulting damage.

6.2 In particular, content from customers is made available on the portal. These contents are protected by copyright and trademark law or as other intellectual property rights of ISEARCH and/or its customers. Any duplication, processing, distribution and use outside the copyright limits are prohibited.

6.3. The customer grants ISEARCH and all companies associated with ISEARCH a free, non-exclusive, temporally and spatially unrestricted, irrevocable, transferable and sublicensable right of use in all known and not yet known types of use, in particular on ISEARCH and all mobile offers, to all contents which a customer places and/or publishes on the portal or the websites listed in Appendix 2 (in particular texts, pictures and videos), insofar as these are works protected by copyright or other legal protection. The above granting of rights includes all copyrights, database rights, industrial, immaterial or other property rights.

ISEARCH is herewith permitted to use the content provided by the customer such as pictures, texts and videos for its own advertising purposes.

7. protection of intellectual property

7.1 All works, trademarks and other intellectual property rights of third parties used and named by ISEARCH are subject without restriction to the provisions of the applicable copyright, trademark or other intellectual property rights and exclusively to the ownership rights of the respective owner and are only used by ISEARCH with their consent.

7.2 If, in exceptional cases, entitled parties, in particular owners of copyrights, trademark rights or other property rights, are possibly infringed by individual contents on ISEARCH, these suspected infringements can be reported and their removal requested. If the notification is made by the legal owner or a legal representative by means of a specific reference to the content in question, we will remove it immediately in the event of a legal violation. Please send us all necessary information under proof of your legal ownership and, if applicable, a power of representation under kon-takt@isearch.de.

8. remuneration

8.1 Use of the Portal and the websites listed in Appendix 2 shall in principle be free of charge.

8.2 However, customers have the possibility to book advertising services with ISEARCH for a fee. Basically three advertising packages are offered here:

- Approved supplier
- premium supplier
- Partner Provider.

All promotional packages shall include a prominent advertisement also on the websites listed in Annex 2. The specific scope of the advertising services and their prices are determined by the offer page on the portal and the current price list stored there. The customer may use and advertise corresponding seals of ISEARCH for the period of the booked advertising package.

8.3 Insofar as the customer makes use of chargeable services, these are due for payment immediately upon booking. If the customer makes use of chargeable services and there is no payment settlement despite reminder with deadline, ISEARCH can block the chargeable offer or the customer profile altogether.

9. duration

9.1 The contract of use for free services can be terminated by either party at any time without giving reasons.

9.2 The contract for advertising services against payment shall initially run for the minimum usage period booked in each case. Thereafter, the Advertising Contract shall be extended by extension periods of the same duration if it is not terminated by the Customer or ISEARCH in due time.

9.3 The customer and ISEARCH may terminate the advertising contract without giving reasons by giving one month's notice to the end of the minimum usage period booked in the registration process or subsequently to the end of an extension period by letter, fax or e-mail. After the termination of the advertising contract by the customer or ISEARCH, the customer will continue to receive the free of charge usage contract until its termination, but the additional advertising services will be dropped.

9.4 The right to extraordinary termination for good cause remains unaffected. An important reason is in particular

- Infringement of legal regulations by the customer
- serious breach of contractual obligations by the customer
- Threat of damage to ISEARCH's reputation if the client's company profile is maintained
- serious infringement of the rights of other customers, e.g. by interfering with their business operations.

9.5 If there is an important reason, ISEARCH can also arrange for the deletion of the customer's content or blocking of the company profile independent of a cancellation.

9.6 Payments already made will not be refunded to the customer in the event of justified termination without notice, insofar as the customer has culpably initiated termination without notice.

10. Liability and warranty

10.1 Any liability of ISEARCH, regardless of the legal basis, is excluded to the extent permitted by law. ISEARCH is only liable in the case of damages caused intentionally or negligently or in the case of breach of essential contractual obligations (so-called cardinal obligations). Cardinal obligations are those whose fulfilment is essential for the proper execution of the contract and on whose observance the contractual partner may rely. In the latter case, liability shall be limited to the damage typical for the contract and foreseeable at the time the contract was concluded.

10.2 The above limitations of liability shall not apply in the case of mandatory legal regulations (e.g. product liability law), in the case of the assumption of an express guarantee by ISEARCH or for damages resulting from injury to life, body or health of a person.

10.3 If a case of force majeure exists, ISEARCH is not liable.

10.4 ISEARCH does not guarantee the availability of the Portal or give any assurance about the minimum availability of the Portal. For various reasons there may be partial or complete restrictions on availability. A liability of ISEARCH due to limited availability of the system through no fault of ISEARCH is excluded, regardless of the legal reason.

10.5 All content, contributions, advertisements, evaluations or other content on the portal and the other websites listed in Appendix 2 originate from customers or users, unless otherwise indicated. Any liability, assumption of guarantees or warranty for the accuracy of the content posted by customers or users by ISEARCH is excluded. The respective customer, user or originator is solely liable for all information contained therein as well as for any legal consequences arising from it. This information is foreign content for ISEARCH. The customer himself is liable for claims by third parties and undertakes to indemnify ISEARCH from claims, costs and claims for damages of third parties, including necessary legal costs on first request.

11. note on data protection

11.1 ISEARCH points out that through the profiling process, personal data of customer employees may also be stored in electronic form. In the context of the use of all services offered by ISEARCH we are entitled to collect, process and use the data provided by the customer as far as this is necessary to provide our services. If necessary, the customer will obtain the necessary consent of the employee concerned. In any case, ISEARCH shall observe the regulations of the Federal Data Protection Act and all other legal provisions on data protection.

11.2 The customer has the possibility to ask ISEARCH at any time for the personal data stored by him and to have it changed or deleted, as long as this does not make it impossible to carry out the contractually owed service.

11.3 Any disclosure or other transmission of personal data of the customer to third parties shall only take place within the framework of the statutory data protection provisions or with the express consent of the customer.

12. final provisions

12.1 The law of the Federal Republic of Germany shall apply to these General Terms and Conditions for domestic contracting parties, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Insofar as the customer is a consumer, this shall only apply if no mandatory consumer protection regulations are circumvented. However, it is pointed out that contracts with consumers are not concluded. This is exclusively a B2B offer.

12.2 The place of jurisdiction is Möhnesee, if the customer does not have a registered office in Germany. Deviating from this, ISEARCH can also assert claims at the general jurisdiction of the customer. Any exclusive place of jurisdiction remains unaffected.

12.3 Should any provision of these terms and conditions be invalid, this shall not affect the validity of the remaining provisions. The contracting parties shall endeavour to agree on another condition in place of the invalid condition, which comes as close as possible to the invalid condition in terms of meaning, technical, economic and financial aspects of the invalid condition.

12.4 ISEARCH may amend these terms and conditions at any time without giving reasons. If ISEARCH makes changes to these terms and conditions, these changes will be notified to the customer by email. An amendment of these terms and conditions can be objected to within a period of four (4) weeks after receipt by the customer. If the customer objects to a change of the terms and conditions, ISEARCH can either choose to continue to apply the previous terms and conditions or terminate the user relationship with a notice period of four (4) weeks. ISEARCH will inform the customer about the consequences of a change of the terms and conditions and the resulting rights. If the customer does not object in due time, changes to the GTC shall be deemed to have been agreed from the beginning.

© 2016. iSearch GmbH. All rights reserved.

A N L A G E 1

webhosting.com

A N L A G E 2

currently none.
(11/2016)