Status of these General Terms and Conditions: October 18, 2024
Building Radar GmbH
Erika-Mann-Straße 63
80636 Munich
Germany
E-mail: info@buildingradar.com
Phone: +49 89 414172160
Status of these Terms and Conditions: March 12, 2025
(1) Building Radar GmbH (“Provider”) is a provider of a revenue engineering solution. Part of the solution is an online portal for researching existing construction projects worldwide, which is offered as Software as a Service (SaaS). Part of the solution is also an online portal for qualifying and processing leads resulting from project information. The solution supports Contractors in finding specific construction projects and offers users the option of having search results displayed in a structured manner, having notifications sent to them about new construction projects, adding their own notes to their search results and then saving them online. The Provider offers training and education solutions to make Users successful in revenue engineering.
(2) Provider is only the responsible operator of the “Building Radar” platform and is not responsible for the construction projects displayed on the portal.
(1) “Building Radar GmbH” or “the Provider” is the company that provides the “Building Radar” platform.
(2) “Building Radar” is the Internet-based software application offered by the Provider.
(3) “End User” is any natural person who wishes to use Building Radar for purposes which can predominantly neither be attributed to his commercial nor to his self-employed professional activity.
(4) “Contractor” means any natural or legal person or partnership with legal capacity who wishes to use Building Radar in the exercise of his commercial or self-employed professional activity.
(1) These Terms and Conditions apply to all Contractors for registration on Building Radar, for the use and for all business transactions between the contracting parties in connection with the use of Building Radar.
(2) The Contractor’s terms and conditions of business shall not apply, even if Provider does not separately object to their validity in individual cases. Even if Provider refers to a letter containing or referring to a Contractor’s terms and conditions, this does not constitute acceptance of the validity of those terms and conditions.
(1) By providing Building Radar for the Contractor for a fee, the Provider produces SaaS services via the internet in the area of research into construction projects all over the world. Contractors can also add their own notes to search results and save them in their account. If this has been agreed between the contracting parties in individual cases, the Provider shall also regularly adjust the search filters and parameters for the User at the beginning of the contractual relationship and during the execution of the contract in order to enable the customer to find the desired construction projects as quickly and purposefully as possible.
(2) The subject matter of the contract are
(3) The Provider is permitted to involve subcontractors in the provision of Building Radar and the IT infrastructures required for this or in the provision of storage space. The use of subcontractors does not release the Provider from its sole obligation towards the Contractor to perform the contract in full.
(4) The Contractor agrees that the company logo of his company may be used by the Provider for marketing purposes, such as on the website www.buildingradar.com or on advertising materials such as flyers and brochures.
(1) The Provider shall make Building Radar in the current version available to the Contractor via the internet for a fee for the duration of this contract. For this purpose, the Provider sets up Building Radar on a server that can be accessed by the End User via the internet.
(2) The current functional scope of Building Radar is described in the service description made available to the Contractor prior to the conclusion of the contract. The same applies to the required system environment that the customer must have in order to use Building Radar.
(3) The Provider shall immediately eliminate all software errors in accordance with the technical possibilities. An error occurs if Building Radar does not fulfil the functions specified in the service description or does not function properly in any other way, so that the use of Building Radar is impossible or restricted.
(4) The Provider shall continue to develop the software and shall improve it by means of ongoing updates and upgrades.
(1) Building Radar is protected by copyright as a computer program. The data provided via Building Radar represent a database in their summary and enjoy copyright protection as such.
(2) The Contractor is not entitled to make Building Radar available to third parties for use against payment or free of charge. The Contractor is therefore expressly prohibited from subletting Building Radar.
(3) All acts of use not expressly mentioned in the above paragraphs require the Provider’s approval, insofar as there are no legally permissible exceptions to acts requiring approval.
(4) The Contractor is entitled to use all transmitted training documents and other training materials for internal purposes. The Contractor is not entitled to make these documents available to third parties against payment or free of charge. The copyrights and other related rights to these documents remain with Building Radar.
(1) The Provider provides the Contractor with a storage space on a server for storing his searches and enriching them with his own data.
(2) The Provider shall ensure that the stored data can be accessed via the internet.
(3) The Contractor is not entitled to give this storage space to a third party for partial or complete use, against payment or free of charge.
(4) The Contractor undertakes not to store any content on the storage space whose provision, publication or use violates applicable law or agreements with third parties.
(5) The Provider is obliged to take appropriate precautions against data loss and to prevent unauthorised access to the Contractors’ data by third parties. For this purpose, the Provider will make daily backups and install a state-of-the-art firewall.
(6) In any case, the Contractor remains the sole beneficiary of the data entered by him/herself and can therefore demand their individual or partial surrender at any time.
(1) The Contractor undertakes to pay the Provider the agreed monthly fee plus statutory VAT for the provision for the use of Building Radar via the internet and the provision of storage space. The exact terms of payment may be specified in individual contracts between the parties. Unless otherwise agreed, the remuneration is based on the Provider’s price list valid at the time the contract is concluded.
(2) The Contractor must raise objections to the billing of the services provided by the Provider in writing with the Provider within a period of four weeks after receipt of the invoice. After expiry of the aforementioned period, the invoice shall be deemed to have been approved by the Contractor. The Provider shall specifically inform the Contractor of the importance of his conduct when sending the invoice.
(3) If a success-based compensation component or any other type of variable compensation is agreed among the parties (Contractor and Building Radar), a target achievement of 100% will be presumed if no other milestone plan has been agreed on by the parties before End Users started using the platform in the given period, and Building Radar did not cause the delay. If the success-based compensation is tied to the satisfaction of the Contractor with the collaboration, assessed via a questionnaire, a target achievement of 100% will be presumed if this questionnaire is not filled out within 40 days after receipt by all relevant employees of the Contractor. If the Contractor repeatedly does not fill out the questionnaire within this time period of 40 days, a target achievement of 150% will be presumed for the respective period.
(4) If the Contractor decides to terminate the collaboration with Building Radar, Building Radar has the right to charge a flat fee of 12,500 EUR to the Contractor in case the Contractor asks to continue the collaboration (contrary to the termination).
(5) The Provider depends on the active involvement of the Contractor to achieve shared business goals. If a success-based compensation or any other variable compensation component has been agreed upon between the parties (Contractor and Building Radar), the Contractor commits to a minimum usage of the Building Radar platform. The minimum usage is considered fulfilled when the following criteria are met:
(6) Compliance with this minimum usage is checked every quarter. If the contractually agreed start date of use does not coincide with the beginning of a quarter of the calendar year, compliance with the minimum usage is checked for every 3-month interval from the start date of use. If one or more criteria of the minimum usage are not met, the Contractor is obliged to pay 50% of the success-dependent target compensation (success-dependent compensation at 100% target achievement for the quarter, i.e., one-quarter of the success-dependent target compensation for the year) to the Provider, for each quarter or 3-month interval in which the minimum usage was not adhered to. Criterion 8. (5) 3. (“regular monthly review meetings”) is subject to an annual review. If the criterion has not been met in 12-month intervals (one year) after the start of cooperation, the Contractor is obliged to pay 50% of the success-dependent target compensation for the year (success-dependent compensation at 100% target achievement) for each year or 12-month interval in which this criterion was not met. In any case, payments due to violations of this minimum usage by the Contractor shall not exceed 100% of the success-dependent target compensation for the year. If different criteria of minimum usage compared to 8. (5) have been defined by contractual agreement, this provision in 8. (6) applies analogously to these criteria.
(7) If a discount or another reduction on the regular price has been agreed, which has been identified as such in the offer document from Building Radar, this reduction will no longer apply from the first contract renewal.
(8) For Proof of Concept phases within Germany, a flat surcharge of 10% on the net amount will be charged for expenses (travel etc.). For Proof of Concept phases outside of Germany, the Contractor will cover the travel expenses of Building Radar with receipt-based billing. The same applies to all travel and lodging expenses during ongoing collaboration after the Proof of Concept phase (arrival, departure, hotel costs). In receipt-based billing, the Contractor covers expenses with a mileage allowance of 30 cents per kilometer when traveling by car, travel in 1st class when arriving by train, flights in Economy class for flight times under 3 hours and in Business class for flights over 3 hours, as well as hotel costs for each arriving Building Radar employee at a 4-star standard.
(1) Only Contractors may be able to conclude a contract with Building Radar GmbH about the use of Building Radar. Consumers who do not use or wish to use Building Radar in their professional capacity shall not be considered as contractual partners.
(2) The Provider is at any time entitled to demand meaningful proof of a Contractor’s contractual status.
(1) There is no legal claim of a Contractor or an End User to be registered as such for Building Radar and to gain access to Building Radar. The corresponding offer sheet by the Provider is non-binding and without obligation (invitatio ad offerendum).
(2) If a potential Contractor is interested in using Building Radar, he can submit a request to the Provider to be accepted as a Contractor via the contact options displayed on his website (https://buildingradar.com/de/uber-uns/kontakt/ or https://buildingradar.com/about-us/contact-us/). The application is examined by the Provider and he is then informed about the admission as an authorised Contractor user of Building Radar or about the refusal.
(3) The request of a potential Contractor can be accepted the Povider by way of separate confirmation and/or by providing access data to Building Radar to End Users associated with Contractor, which means that the Contractor can make use of the services offered to the contractually agreed extent. This concludes the contract between the Contractor and the Provider.
(1) Adjustments, changes and additions to the contractual SaaS services as well as measures which serve to determine and rectify malfunctions will only lead to a temporary interruption or impairment of accessibility if this is absolutely necessary for technical reasons.
(2) The basic functions of SaaS services shall be monitored daily. The maintenance of the SaaS services is basically guaranteed from Monday to Friday 08:00 – 19:00. In the event of serious errors – the use of the SaaS services is no longer possible or seriously restricted – maintenance is carried out within 6 hours of the Contractor’s knowledge or information. The Provider shall immediately inform the Contractor of the maintenance work and shall carry out the maintenance work in the shortest possible time in accordance with the technical conditions. If it is not possible to correct the error within 12 hours, the Provider shall notify the Contractor by e-mail within 24 hours, stating the reasons and the period of time which is expected to elapse before the error can be corrected.
(1) The Contractor undertakes not to store any illegal content on the provided storage space that violates the laws, official requirements or the rights of third parties.
(2) The Contractor is obliged to take appropriate precautions to prevent unauthorised third-party access to the protected areas of Building Radar. For this purpose, the Contractor will, if necessary, inform his employees about compliance with copyright law.
(3) Irrespective of the Provider’s obligation to back up data, the Contractor himself is responsible for entering and maintaining the data and information required for using the SaaS services.
(4) The Contractor is obliged to check his data and information for viruses or other harmful components before entering them and to use state-of-the-art virus protection programs for this purpose.
(5) Contractor will ensure that the End Users are obliged to keep the access data assigned to them, in particular the password, secret and not to make it accessible to third parties.
(6) The Contractor is aware that selected employees of the Provider can constantly access his End User accounts in order to be able to optimise the settings of the search filter and parameters for the End Users. The Contractor hereby expressly permits this access to its End User accounts.
(7) The contents stored by the End Users on the storage space intended for them may be protected by copyright. The Contractor hereby grants the Provider the right to make the contents stored on the server accessible to the End Users via the internet for his queries and, in particular, to reproduce and transmit them for this purpose and to be able to reproduce them for the purpose of data backup.
(8) Furthermore, the Contractor shall support the Provider in the implementation of quality assurance measures, appoint a contact person at the beginning of the contract and a representative of the contact person and make test data available in the event of a justified request from the Provider.
(9) During the maintenance work indicated by the Provider, which, if possible, is only carried out at off-peak times, the Contractor shall temporarily cease using the Portal.
(1) The Provider is responsible for the functional and operational readiness of the SaaS services in accordance with the provisions of this agreement.
(2) The application of § 536a para. 1 and 2 German Civil Code (claim for damages and reimbursement of expenses of the lessee and the lessee’s right to self-correction) is excluded, whereby this applies with regard to § 536a para. 1 German Civil Code only insofar as the defects were not caused by the Provider intentionally or grossly negligently.
(3) In the event that services of the Provider are used by unauthorized third parties using his End User’s access credentials, the Contractor shall be liable for any resulting fees within the scope of civil liability until receipt of the Contractor’s order to change the access data or report the loss or theft, provided that the End User is at fault for the access of the unauthorised third party.
(4) The Provider is entitled to immediately fully or partially block access to Building Radar for the Contractor or End Users associated with the Contractor if there is reasonable suspicion that there platform is used for illegal purposes, in particular if stored data is illegal and/or violates the rights of third parties. A justified suspicion of an illegality and/or an infringement exists, in particular, if courts, authorities and/or other third parties inform the Provider of this. The Provider must immediately inform the Contractor of the blocking and the reason for it. The blocking shall be lifted as soon as the suspicion is invalidated.
(5) Claims for damages against the Provider are excluded irrespective of the legal basis, unless the Provider, its legal representatives or vicarious agents have acted with intent or gross negligence or one of the following exceptions (§ 12 paras. 6 and 7 of these General Terms and Conditions) applies.
(6) The Provider is liable without limitation for damages caused intentionally or negligently from injury to life, body or health by the Provider, its legal representatives or vicarious agents or to the extent of any guarantee assumed.
(7) The Provider shall only be liable for slight negligence if one of the essential contractual obligations has been violated by the Provider, its legal representatives or executives or vicarious agents. Essential contractual obligations are such obligations which form the basis of the contract, which were decisive for the conclusion of the contract and on the fulfilment of which the contractual partner may regularly rely. The Provider shall only be liable for foreseeable damages, the occurrence of which must typically be expected.
(8) The Provider shall not be liable for the loss of data insofar as the damage is based on the fact that the Contractor has failed to perform data backups and thereby ensure that lost data can be restored with reasonable effort.
(1) The commencement of the contract is based on the provisions of § 9 para. 5.
(2) Unless otherwise specified in the valid accepted offer, the contract has a minimum term of 12 months. It is extended by the same term after expiry of the minimum contract term or an extension year, but at least by 12 months unless one of the parties terminates the contract in writing with a notice period of 3 months in advance: Notices of termination by Contractor must be sent to customersuccess@buildingradar.com
(3) Building Radar can increase the prices of its products and services by up to 7% per year upon renewal without notice. If the contract is for multiple years, the price may be increased by 7% for each year of the multi-year contract upon renewal. If Building Radar chooses not to increase prices in any given year, it reserves the right to apply a cumulative price adjustment in subsequent years. The cumulative adjustment would reflect the total potential price increase that could have been applied across the prior years, based on 7% annual increments.
(4) The right of each contracting party to terminate the contract without notice for important reasons remains unaffected. The Provider shall in particular be entitled to terminate without notice if the User fails to make due payments despite a reminder and setting a grace period or violates the contractual provisions on the use of the SaaS services. In any case, termination without notice presupposes that the other party receives a written warning and is requested to eliminate the alleged reason for termination without notice within a reasonable period of time.
(1) The Provider processes all personal data collected, stored, or otherwise processed by the User when using Building Radar only on behalf of the Contractor. Such data processing is performed in accordance with the Data Processing Agreement (DPA) concluded between the Provider and the Contractor. The Data Processing Agreement is part of the binding agreement between the parties and can be requested from the Building radar team. Please reach out to our Customer Success lead Laurenz Kalthoff (l.kalthoff@buildingradar.com)
(2) The parties undertake to maintain strictest confidentiality about all confidential transactions, in particular business or trade secrets, which come to their knowledge during the initiation, execution or termination of this contract by the other party, and not to pass on and/or exploit the knowledge gained on confidential data. Documents or data relating to confidential processes must be stored or stored in such a way that unauthorised third parties cannot view them if possible.
(1) The Provider has the right to change the terms of use in the event of a valid reason, in particular in the event of a change in the legal situation, a change in the court rulings, a change in the functionalities, an expansion of the range of services and/or a change in market conditions, provided that the change is reasonable for the Contractor. Furthermore, the reason for the change must be expressly stated to the Contractor.
(2) Building Radar will inform the Contractor about this step at least four weeks before any intended change to the General Terms and Conditions.
(3) If the Contractor does not object to the intended changes to these Terms and Conditions within a period of four weeks after being informed of the intended changes by the Provider, these changes are deemed to have been approved and accepted.
(4) Should a User object to the intended changes to these Terms and Conditions and not wish to continue the contract under the new conditions, he is entitled to terminate the contract extraordinarily. If the User does not terminate the contract due to the changes, the general terms and conditions of the Provider in the previous version shall continue to apply until further notice.
The Provider is allowed to mention the Contractor’s company name as customer as well as use the Contractor’s logo on its website and marketing materials.
(1) The place of jurisdiction for all disputes with Contractor in connection with the services offered or provided by the Provider or the use of the online portal is Munich.
(2) The contracting parties agree to the application of the law of the Federal Republic of Germany with regard to all legal relationships in connection with the services offered or provided by Building Radar or from the use of the Portal.
(1) Verbal collateral agreements in the form of amendments, supplements and additions to this contract require a written agreement to be effective. The same applies to a waiver of the written form requirement itself.
(2) In the event that any provision of these Terms and Conditions should be invalid, this shall not affect the validity of the other provisions.
(3) An invalid clause shall be replaced by the statutory provision.
