Normatus

General Conditions of Use for Normatus, the internet platform operated by Jürgen Luchterhandt, Hagener Str. 260, 58285 Gevelsberg, Germany

Preamble

Normatus is a database for commercial users designed to quickly and efficiently connect suppliers and customers on the basis of internationally valid and binding standards or norms.

All internationally valid industry standards are the relevant criteria according to which manufacturers and dealers may register for inclusion. Along with important company information and contact details, the Normatus listing can also include a link to the advertiser’s own website.

Customers and any other interested parties can search under a particular standard and receive a list of registered manufacturers and dealers. This list can be sorted by continent or country. According to preference, enquiries can be sent individually or to all selected recipients with just one click.

This service is specifically provided in accordance with the following regulations:

§ 1 General regulations

(1) Jürgen Luchterhandt provides those who wish to offer their services on the “Normatus” platform the opportunity, within the framework of this service contract, to use the online portal “Normatus.de” (hereinafter “Portal”) in accordance with the requirements of these Conditions of Use. This platform gives advertisers the opportunity to register as manufacturers or dealers with valid standards that are specifically stated in each case. The standards can be from any country but must be recognised as binding standards in the countries concerned.

(2) These Conditions of Use conclude with the terms and conditions that apply between Jürgen Luchterhandt and the advertiser for the services offered by Jürgen Luchterhandt GmbH within the framework of this service contract. Any regulations that deviate from these Conditions of Use are only valid if they are confirmed by Jürgen Luchterhandt in writing. Upon registering, the advertiser acknowledges the binding nature of these Conditions of Use.

§ 2 Services provided by Jürgen Luchterhandt

(1) This platform gives advertisers the opportunity to register as manufacturers or dealers with valid standards that must be specifically stated in each case. Standards may only be advertised if they are recognised in a particular country.

(2) The Portal is accessible 24/7 with 99.9 % uptime. This excludes monthly 3 hour maintenance windows for regular maintenance. Jürgen Luchterhandt is not liable for interruptions to availability of the portal due to faults experienced by the telecommunications provider.

(3) The services ofJürgen Luchterhandt consist in providing the platform and the method by which interested customers have the opportunity to contact advertisers directly by email. They do this via a form that is made available on the Portal. Normatus does not store the contents of the email, but simply the recipient (advertiser), the date and time it is sent and the IP address of the sender (customer, interested party).

§ 3 Contractual relationship to the customer

(1)Jürgen Luchterhandt does not enter into any legal relationship with the customer. Contracts between advertisers and the customer are solely concluded outside the platform. The advertiser is not entitled to place Jürgen Luchterhandt under an obligation of any kind.

(2) Jürgen Luchterhandt does not check the entries placed by the companies or the standards specified by them. It checks neither the existence of the standard, nor its validity, nor the ability of the advertiser to fulfil the standards in question.

§ 4 Admission and access to the Portal, withdrawal of entitlement to use it

(1) A precondition for use of the Portal is the acceptance by Jürgen Luchterhandt of the advertiser’s application. The advertiser is bound by the offer for 14 days. It is deemed to have been accepted by Jürgen Luchterhandt once the account is activated with the sending of the necessary access data by email.

(2) The Portal is only available to advertisers that have been admitted. There is no entitlement to admission to the portal.

(3) The advertiser undertakes to immediately make known all future changes to the data supplied on registering without being asked to do so.

(4) All logins are individually allocated and may only used by the respective authorised advertiser. The advertiser is obliged not to disclose the login and password to anyone and to protect it from unauthorised access by third parties. The advertiser is also responsible for ensuring that the employee login is not disclosed and will instruct its employees accordingly. If the advertiser suspects that there has been any misuse by a third party, it will immediately inform Jürgen Luchterhandt about this. As soon as Jürgen Luchterhandt becomes aware of unauthorised use, Jürgen Luchterhandt will block access to the platform. Jürgen Luchterhandt reserves the right to change the login and password of an advertiser; in such a case Jürgen Luchterhandt will immediately inform the advertiser of this and provide it with new access data.

(5) Jürgen Luchterhandt is entitled to withdraw an advertiser’s admission right or to block access to the Portal if there is a reasonable suspicion that the advertiser is contravening material obligations of these Conditions of Use, in particular those from §§ 5 of these conditions and the advertiser continues to contravene these conditions in spite of having been given a warning and a reasonable deadline. Moreover, Jürgen Luchterhandt GmbH may withdraw the right of admission after the provision of a warning and the setting of a deadline in the following cases:

(6) Further reasons why Jürgen Luchterhandt may withdraw admission rights or block access include in particular:

(a) contravention by the advertiser of § 5 or § 9 of these Conditions of Use and the failure to resolve the situation even after a deadline has been set;

(b) criminal action on the part of the advertiser or the attempt to carry out such action,

(c) ongoing operational disruptions as a consequence of force majeure, which are outside the control of YA SERVICES

(d) should the advertiser provide incorrect or incomplete information on registering, Jürgen Luchterhandt is entitled to block the advertiser without observing any period of notice, if it can be assumed that access would not have been granted to the advertiser by Jürgen Luchterhandt had the correct information been provided,

(e) at the time of conclusion of the contract there was an affidavit or an application had been made for the opening of insolvency proceedings relating to the assets of the advertiser, and the application to open insolvency proceedings was not declined for lack of assets; this also applies in the event that these situations arise during the contractual relationship.

§ 5 Advertiser’s obligations

(1) Offers may not be entered if the information provided is so incomplete that the object cannot be identified or if the offer would be in violation of the legal system applicable to the intended contract, or would contravene legal regulations, governmental decrees or public morals.

(2) System integrity The advertiser is not entitled to use mechanisms, software or other procedures in connection with the use of its website which might interfere with the functioning of the Portal. The advertiser may not take any action which might have the consequence of placing an unreasonable or unduly heavy burden on the infrastructure of Jürgen Luchterhandt.

(3) Jürgen Luchterhandt accepts no liability for the functioning of external systems even if these explicitly use the interfaces of Jürgen Luchterhandt.

§ 6 Remuneration, data storage

(1) The services which are provided by Jürgen Luchterhandt are initially free of charge. However, the company reserves the right to make the service subject to the payment of a fee. In such a case, the company would write to the advertiser three months before the commencement of the obligation to pay a fee informing it that the service was no longer free of charge and stating the exact amount of the fee. The advertiser would then have the opportunity to inform the company in writing whether it wished to use the service under the new conditions or not. Should it not wish to do so, the advertiser will be blocked as soon as the obligation to pay a fee comes into effect.

(2) Jürgen Luchterhandt does not store any data concerning the parties searching the platform or the contacts made.

§ 7 Liability of Jürgen Luchterhandt

(1) Jürgen Luchterhandt is liable without limitation for damages caused by intent or gross negligence. The same applies to culpably caused damages which result in injury to life, limb or health or which are due to the wilful concealment of a defect. Jürgen Luchterhandt is liable in cases of product liability in accordance with the German Product Liability Act. The liability of Jürgen Luchterhandt for damages in the event of a slightly negligent violation of a significant contractual obligation is limited to the amount of damages foreseeable and typical for the respective contract. In this case Jürgen Luchterhandt is not liable for lost profit, indirect damages, consequential damages and third party claims. Substantial contractual obligations in the context of this provision include, alongside the main contractual obligations, also those obligations whose fulfilment actually enables the proper execution of the contract and upon the observance of which the client should be able to regularly rely. Jürgen Luchterhandt accepts no liability for the loss or destruction of data unless this has been caused by grossly negligent or intentional violation of contractual or legal obligations. In this case Jürgen Luchterhandt is only liable up to the amount of the typical cost of restoring the data, that is incurred in spite of regular, state-of-the-art data storage and whilst the advertiser was adhering to its obligation to provide its own security measures. Apart from this, Jürgen Luchterhandt accepts no liability, irrespective of the legal basis.

(2) Insofar as it is possible for data to be forwarded via the platform to third party databases, websites, services etc. through the insertion of links or hyperlinks, for example, Jürgen Luchterhandt is liable neither for the accessibility, the continued existence or the security of these databases or services, nor for the content of the same. In particular, Jürgen Luchterhandt is not liable for their legality, correctness, completeness or up- to-dateness etc.

§ 8 External content, viruses

(1) Jürgen Luchterhandt does not adopt the content of external websites as its own under any circumstances.

(2) The advertiser will exempt Jürgen Luchterhandt from any claims which third parties might assert against Jürgen Luchterhandt due to the violation of their rights or due to violations of the law as a result of offers and/or content placed on the platform by the advertiser. In this respect, the advertiser also assumes the costs for the defence of Jürgen Luchterhandt including all court costs and attorneys’ fees.

§ 9 Other obligations of the advertiser

(1) The advertiser is obliged to set up and maintain the required data backup facilities during the entire term of the contract. This refers essentially to the careful and conscientious handling of logins and passwords. The advertiser is obliged to immediately inform Jürgen Luchterhandt of any technical modifications in its area if they are likely to impact negatively on the platform’s service provision or security and to cooperate in the investigation of attacks on the platform by third parties to the extent that such cooperation on the part of the advertiser is necessary.

(2) The advertiser is obliged to refrain from taking any measures that might endanger or disrupt the operation of the platform and from accessing any data which the advertiser is not entitled to access. Furthermore, the advertiser must take care to ensure that the information it transfers via the platform and the data it enters are not infected with viruses, worms or Trojans or any other form of malware. The advertiser undertakes to compensate, Jürgen Luchterhandt for all damages that arise from the failure to adhere to these obligations and, in addition, to hold Jürgen Luchterhandt harmless from all claims, including attorneys’ fees and court costs, asserted by third parties against Jürgen Luchterhandt as a result of the failure of the advertiser to adhere to these obligations.

§ 10 Assignment

Any partial or complete transfer to third parties of the advertiser’s rights arising from the contract with Jürgen Luchterhandt is excluded.

§ 11 Quality assurance, action in the event of customer complaints

(1) Jürgen Luchterhandt is entitled to carry out quality assurance (QA).

(2) In the event of anomalies that come to light as a result of quality assurance procedures or by some other means, e.g. as a result of complaints from customers, the advertiser will be informed and will be given the opportunity to provide feedback and rectify matters. If the accusation is not nullified, Jürgen Luchterhandt reserves the right to block the advertiser.

§ 12 Copyrights

The content placed on the website may be neither copied, distributed nor used or duplicated in any other way without the prior agreement of the copyright owner. The layout of the website may only be duplicated and/or used on other websites with the prior written agreement of Jürgen Luchterhandt.

§ 13 Final provisions

(1) The law of the Federal Republic of Germany applies.

(2) The place of jurisdiction for all legal disputes is Gevelsberg, Germany.

(3) In the event of individual provisions of these Conditions of Use being or becoming ineffective and or contradicting statutory provisions, this will not affect the validity of the remaining conditions. The contracting parties shall replace the ineffective provision by mutual agreement with a legally valid provision that comes as close as possible to the economic purpose of the ineffective provision. The aforementioned regulation also applies in the event of any loopholes.

(4) Any General Terms and Conditions of the customer are excluded.