Utilisation agreement

 

Usage agreement of HIW Hamburg Invest Wirtschaftsförderungsgesellschaft for the property service/property portal.

Welcome to our website and thank you for your interest.

The posting of offers requires the conclusion of a user agreement.

HIW Hamburg Invest Wirtschaftsförderungsgesellschaft mbH

Wexstraße 7
20355 Hamburg 

Tel: +49 40 22 70 19 - 63
Mail: info@hamburg-invest.com
Web: www.hamburg-business.com

§ 1 Subject matter of the contract

Hamburg Invest provides commercial and private property providers with the property portal on the Internet at www.hamburg-business.com/en/commercial-real-estate - a platform for marketing commercial property offers. Interested parties can access the advertised properties of the provider via the Internet and thus make contact with the provider.

The object of the agreement is the use of the Hamburg Invest property portal by the provider.

§ 2 Services of Hamburg Invest

2.1 Hamburg Invest has developed the Hamburg property database (hereinafter referred to as the "property portal") as a Hamburg property showcase and makes it available on the Internet at www.hamburg-business.com/en/commercial-real-estate.

Hamburg Invest thus makes it easier for companies to find the ideal commercial property for relocation, growth or change, thereby also helping to create the conditions for both the growth of Hamburg companies and the relocation of new companies to Hamburg.

2.2 Hamburg Invest provides the provider with access to an interface via which it is generally possible to enter third-party property offers in the property portal (hereinafter referred to as "interface"). In principle, property listings can only be entered in the property portal if the provider is in possession of a corresponding property interface (Openimmo e.V. - www.openimmo.de).

Hamburg Invest does not guarantee the compatibility of the interface with the provider's system. The provider is responsible for checking the compatibility between the interface and the provider's system. If third-party services are required to connect the provider's system to the property portal via the interface, the provider is responsible for commissioning these services and bearing the costs thereof. Hamburg Invest will provide the provider with documentation for the interface.

2.3 The Openimmo property interface (Openimmo e.V. - www.openimmo.de) is intended to ensure the smooth exchange of data on property listings. The provider receives an FTP account from Hamburg Invest for this purpose. The data is then stored on the server as XML files by the provider via OpenImmo.

Hamburg Invest may display the property offers transmitted by the provider via the interface referred to in § 2, section 2.2 or, at its discretion, parts thereof in the property portal.

There is no entitlement to the presentation of the provider's property offers in the property portal.

2.4 The purpose of the property portal is to provide potential interested parties with as comprehensive a range of Hamburg commercial properties and commercial space as possible. The provider is aware that not only offers from the provider are therefore displayed on the property portal, but also offers from other Hamburg Invest providers.

If Hamburg Invest receives data for a property from several providers (duplicates), a random system decides whether the provider's data or that of another provider is displayed in the property portal.

2.5 For the uniform presentation of the property offers in the adjustment phase after conclusion of the contract, a coordination process takes place between the provider and Hamburg Invest so that data can be imported smoothly.

§ 3 Services of the provider

3.1 The provider shall create the technical prerequisites for connecting its system to the property portal via the interface described in § 2, section 2.2.

3.2 In order to provide potential customers with information about the properties offered by the provider, the provider shall provide Hamburg Invest with offers for commercial properties and commercial space in Hamburg for integration into the property portal via the interface described in § 2, section 2.2.

The provider may only advertise properties that it markets itself or for which it has a marketing mandate and is obliged to provide Hamburg Invest with truthful information about the property offers.

For each property type, the minimum information such as location (postcode, street and house number), size and price of the property must be provided. For properties for sale, at least one representative photo of the property and a floor plan in standard JPG format should also be provided. The vendor undertakes to include only property-related images and graphics in the property presentation. In particular, the inclusion of company logos, HTML tags, Java Script applications, Internet addresses, etc. in photos and floor plans is not permitted.

The provider shall update the offers made available via the aforementioned interface on a daily basis.

3.3 If the Provider receives enquiries and/or contact data from potential interested parties for commercial property or commercial space in Hamburg, the Provider shall provide the potential customer with expert advice and offer him a property suitable for the customer, insofar as this is available in the Provider's offer.

The brokerage process is handled by the provider, not by Hamburg Invest.

3.4 The provider shall regularly inform Hamburg Invest about the brokerage of commercial property and commercial space in Hamburg that has come about or been promoted as a result of the provider's offer being posted on the property portal or the provider having received enquiries from potential clients from Hamburg Invest.

§ 4 Fees

4.1 Hamburg Invest shall receive a one-off fee from the provider for providing access to the interface to the property portal. The amount is due after the provider has created the technical prerequisites for connecting its system to the property portal via the interface. This amount covers all expenses incurred by Hamburg Invest for the initial integration of the provider into the property portal, as well as the use and the entire data transfer.

4.2 No fee is payable by the provider to Hamburg Invest for the brokerage of properties that came about or were promoted by the fact that the provider's offer was posted on the property portal or that the provider received enquiries from potential clients from Hamburg Invest.

4.3 Hamburg Invest has the right to share the costs of further development of the property portal with the provider to a reasonable extent. If Hamburg Invest exercises this right, it shall inform the provider of the costs to be borne by the provider. The provider has the option of declaring its consent or cancelling the contract without notice.

4.4 The provider has no claim against Hamburg Invest for payment of fees and/or remuneration and/or ancillary costs and/or other remuneration. This applies in particular in the event that properties offered by the provider are brokered to third parties. This does not give rise to any claim by the provider against Hamburg Invest for remuneration for the provider's services.

 

 

 


§ 5 Term of property offers

5.1 The term of an offer is three months. Each provider has the option to extend the term by a further three months. If this offer is not accepted by the provider after the extension has expired, the offer is automatically deleted from the server.

5.2 If the listed property is no longer on offer, the provider is obliged to delete the offer immediately. If this is not done, Hamburg Invest is authorised to delete the offer. If the provider again fails to delete properties that have already been let or sold after having already been requested to do so by Hamburg Invest, Hamburg Invest has the right to prohibit the provider from continuing to use the property portal and to have his registration blocked.

§ 6 Third-party rights

6.1 The provider warrants that the services provided for Hamburg Invest are free from third-party rights. In particular, that there are no third-party rights to the data entered into the property portal by the provider via the interface referred to in § 2, section 2.2. The provider therefore undertakes to provide the data made available via the aforementioned interface free of third-party rights.

6.2 In the event that such third-party claims are asserted, the provider shall indemnify Hamburg Invest against legally imposed costs and damages, provided that Hamburg Invest has informed the provider immediately in writing of the claim, the provider is given the opportunity to defend itself and Hamburg Invest provides the provider with all possible support in its defence.

6.3 Hamburg Invest is authorised to block the offers posted by the provider as soon as there is a concrete suspicion of illegal content or violations of this user agreement. The provider will be informed of this immediately, stating the reasons, and given the opportunity to remove the illegal content or to demonstrate and, if necessary, prove its legality. The blocking shall be cancelled as soon as the suspicion has been invalidated or eliminated.

§ 7 Rights of use / Publications

7.1 The provider grants Hamburg Invest the non-exclusive right to irrevocably use, transfer, edit, supplement and amend the data transmitted by the provider via the interface referred to in § 2, section 2.2 without the cooperation of the provider and at no cost for the presentation in the property portal, either itself or through third parties, without restriction in terms of space, time or content (right of use).

7.2 Publications about the contractual service and commercial advertising by the provider with the contractual service are only permitted with the prior written consent of Hamburg Invest. The consent of Hamburg Invest may only be refused for justified reasons.

§ Section 8 Liability

8.1 The provider shall be liable for the professional provision of its contractual services and for any defects therein. In all other respects, liability is governed by the statutory provisions.

8.2 The provider is aware that it is not possible, given the state of the art, to create a software programme that is completely free of errors or to guarantee uninterrupted access to resources provided via the Internet. There is therefore no entitlement to the availability of the property portal.

8.3 Hamburg Invest is not liable for the brokerage of commercial property or commercial space entered into the property portal by the provider via the interface specified in § 2, section 2.2.

§ 9 Contract term

9.1 This contract becomes effective upon signature by both parties, is concluded for an indefinite period and can be cancelled by either party with a notice period of two weeks to the end of the month.

9.2 Hamburg Invest has the right to terminate the contract without notice if Hamburg Invest no longer operates the property portal. The provider has the right to terminate the contract without notice if Hamburg Invest exercises its right under § 4, section 4.3.

9.3 The right to terminate without notice for good cause remains unaffected

9.4 Cancellations must be declared in text form (§ 126 b BGB).

§ 10 Other provisions

10.1 This contract consists of this contractual document. General terms and conditions are not part of this contract.

10.2 No amendments, supplements or verbal collateral agreements have been made to this contract. For reasons of proof, amendments and additions to the contract must also be made in writing. This also applies to the written form requirement itself.

10.3 Should provisions of this contract be or become invalid or should a loophole be found in the contract, this shall not affect the validity of the remaining provisions of the contract. The contracting parties must act in such a way that the intended purpose is achieved and everything necessary is done to remedy the partial invalidity or fill the gap. The invalid provision shall be replaced or the loophole filled by an appropriate, legally permissible provision that comes as close as possible to what the contracting parties would have wanted if they had considered the partial invalidity or loophole.

10.4 The provider is obliged to keep secret all operational and business matters of Hamburg Invest of which it becomes aware in connection with the order and not to disclose them to third parties. This applies regardless of whether the information or data in question is expressly labelled as confidential or not. The contents of this contract are also to be treated as confidential in the above sense. This obligation shall remain in force even if the contractual relationship ends.

10.5 The law of the Federal Republic of Germany shall apply to the execution of this contract.

10.6 The place of jurisdiction is Hamburg.

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