Terms and Conditions
Issuer of these terms and conditions:
Building Radar GmbH
Phone: +49 89 414172160
Status of these General Terms and Conditions: 27.03.2018
(1) Building Radar is an online platform to find existing construction projects worldwide, which is offered as Software as a Service (SaaS). Building Radar supports users 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.
(2) The Provider is only the responsible operator of the Building Radar platform and is not responsible for the construction projects displayed on the Portal.
(1) “Users” are all persons, whether consumers or contractors, who want to use Building Radar or contractors who already use Building Radar.
(2) “Provider” is the aforementioned company Building Radar.
(3) “Building Radar” is the Internet-based software application offered by the provider.
(4) “Consumer” 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.
(5) “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 users for registration on the online platform, for their use and for all business transactions between the contracting parties in connection with the use of Building Radar.
(2) The users’ terms and conditions of business shall not apply, even if the Provider does not separately object to their validity in individual cases. Even if the Provider refers to a letter containing or referring to a user’s terms and conditions, this does not constitute acceptance of the validity of those terms and conditions.
4. Subject matter of the contract
(1) By providing Building Radar for the user for a fee, the Provider produces SaaS services via the Internet in the area of research into construction projects all over the world. Users can also add their own notes to search results and save them in their user 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
- a) the provision of the Provider’s “Building Radar” software for use via the Internet, which is limited in time by the existence of a chargeable usage contract between the Provider and the User, and
- b) the provision of storage space on the provider’s servers.
- c) In individual cases, if this has been agreed upon between the parties, services in the form of regular adaptation of the search filters and parameters for a fast and targeted finding of the desired construction projects.
(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 User to perform the contract in full.
(4) The user agrees that the company logo of his company may be used by Building Radar for marketing purposes, such as on the website www.buildingradar.com or on advertising materials such as flyers and brochures.
5. Software licensing
(1) The Provider shall make Building Radar in the current version available to the user 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 user via the Internet.
(2) The current functional scope of Building Radar results from the service description made available to the user 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.
6. Rights of use of Building Radar
(1) Building Radar is protected by copyright as a language work (computer program). The data provided via Building Radar represent a database in their summary and enjoy copyright protection as such.
(2) The Provider grants the user the non-exclusive and non-transferable right to use Building Radar as a SaaS service for its own business purposes for the duration of the agreement.
(3) The user may only duplicate Building Radar if this is necessary for the intended use of the software. The required duplication includes loading Building Radar into the main memory on the Provider’s server, not however even the temporary installation or storage of Building Radar on data carriers (such as hard disks) of the hardware used by the user.
(4) The user is not entitled to make Building Radar available to third parties for use against payment or free of charge. The user is therefore expressly prohibited from subletting Building Radar.
(5) 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.
7. Allocation of storage space / handling of stored data
(1) The Provider provides the user 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 user 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 user 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 user’s 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 user remains the sole beneficiary of the data entered by him/herself and can therefore demand their individual or partial surrender at any time.
(7) The user’s right to data portability is governed by the corresponding provisions of the EU General Data Protection Regulation (GDPR). The right of the user to demand the surrender of the data expires if the user does not assert this within three months after termination of the contract. After expiry of the expiry period, the Provider is entitled to permanently delete the user’s data.
(8) The user may choose to surrender the data either by handing over data carriers or by transmission via a data network. The user has no right to receive software suitable for the use of the data.
(9) The Provider has neither a right of retention nor the statutory lessor’s lien (§ 562 German Civil Code) with regard to the user’s data.
(1) The user 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 user 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 user. The Provider shall specifically inform the user of the importance of his conduct when sending the invoice.
9. Exclusion of consumers, offer and conclusion of the contract
(1) Only contractors are admitted as users of Building Radar in accordance with § 2 para. 5. Consumers within the meaning of § 2 para. 4 shall not be considered as contractual partners.
(2) The Provider is at any time entitled to demand meaningful proof of a user’s contractorial status.
(3) There is no legal claim of a user to be registered as such for Building Radar and to gain access to Building Radar. The corresponding offer of the provider is non-binding and without obligation (invitatio ad offerendum).
(4) If a user is interested in using Building Radar, he can apply to the provider to be accepted as a user 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 of a user is examined by the provider and he is immediately informed about the admission as an authorised user of Building Radar or about the refusal.
(5) A user may be admitted by separate notification and in particular by providing access data to Building Radar with which the user can make use of the services offered to the contractually agreed extent. This concludes the user contract between the user and the provider.
10. Interruption/impairment of accessibility
(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 user’s knowledge or information. The Provider shall immediately inform the user 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 user 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.
(3) The annual average availability of Building Radar is 99.00% including maintenance work; however, availability may not be impaired or interrupted for more than three consecutive calendar days.
11. Duties of the user / access to the user account
(1) The user 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 user is obliged to take appropriate precautions to prevent unauthorised third party access to the protected areas of Building Radar. For this purpose, the user will, if necessary, inform his employees about compliance with copyright law.
(3) Irrespective of the provider’s obligation to back up data, the user himself is responsible for entering and maintaining the data and information required for using the SaaS services.
(4) The user 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) The user is obliged to keep the access data assigned to him, in particular the password, secret and not to make it accessible to third parties.
(6) The user is aware that selected employees of the Provider can constantly access his user account in order to be able to optimise the settings of the search filter and parameters for the user, for example in fulfilling § 4 para. 3 letter c). The user hereby expressly permits this access to his user account. Should the user exceptionally not allow this right to access his user account, he is aware that he can only use the services of Building Radar to a limited extent in this case.
(7) The contents stored by the user on the storage space intended for him may be protected by copyright and data protection laws. The user hereby grants the provider the right to make the contents stored on the server accessible to the user 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 user 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 user shall temporarily cease using the Portal.
12. Warranty / liability / blocking
(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 the user’s access data, the user shall be liable for any resulting fees within the scope of civil liability until receipt of the user’s order to change the access data or report the loss or theft, provided that the user is at fault for the access of the unauthorised third party.
(4) The Provider is entitled to immediately block the storage space if there is reasonable suspicion that the 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 user of the block and the reason for it. The block 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) exists.
(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 user has failed to perform data backups and thereby ensure that lost data can be restored with reasonable effort.
13. Term and termination
(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.
(3) Building Radar can increase the prices of its products and services by up to 7% upon renewal without notice.
(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.
14. Data protection / secrecy
(1) In the absence of other written agreements, the contracting parties are themselves responsible for compliance with the relevant and valid data protection regulations for you.
(2) The Provider processes users’ data electronically. This is done on a regular basis on the basis of the facts of permission in Art. 6 Para. 1 b) GDPR and accordingly insofar as this is necessary for the fulfilment of the contract with the user or for the implementation of pre-contractual measures with the user and this is done at the request of the person concerned or the company concerned.
(3) At the request of a user, the Provider may conclude an order (data) processing agreement with the user if the user processes personal data via Building Radar or stores such data in Building Radar.
(4) 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.
(2) Building Radar will inform the user about this step in good time before any intended change to the General Terms and Conditions.
(3) If the user does not object to the intended changes to the General Terms and Conditions within a period of four weeks after gaining knowledge of the intended changes, these are deemed to have been approved and accepted if the user has been expressly informed of the aforementioned consequences in advance.
(4) Should a user object to the intended changes to the General 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.
16. Naming of the contractor
Building Radar GmbH is allowed to mention the contractor’s company name as customer as well as use the contractor’s logo on Building Radar’s website and marketing materials.
17. Place of jurisdiction, choice of law
(1) The place of jurisdiction for all disputes with a user in connection with the services offered or provided by the Provider or the use of the online portal is the registered office of the Provider.
(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.
18. Written Form Requirement, Severability Clause
(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.