1.1 The following General Terms and Conditions apply for transactions and contractual activities with Fintact GmbH, Rosa-Luxemburg-Straße 27 04103 Leipzig, Germany. Customer terms and conditions, which contradict these conditions shall not apply. Counter-confirmations by the Customer that provide reference to separate terms and conditions of business are expressly rejected. Deviations must be confirmed in writing by Fintact.
The offer contained in these GTCs is exclusively intended for business owners. No Contracts are concluded with consumers.
1.2 In these GTCs, references to “you” and “your” refer to the Customer (the “Customer”) and “we” and “our” refer to Fintact.
2.1 “GTCs” refers to these General Terms and Conditions.
2.2 “Customer Content” refers to all texts, data and other materials that are provided to us by you or on your behalf in connection with the services provided by Fintact.
2.3 “Licence” refers to licences that Fintact grants the Customer.
2.4 “Services” refer to the services to be provided by Fintact as part of these GTCs.
2.5 “Websites” refer to all websites that are identified as being associated with the Customer’s distributors and/or that the Customer provides to Fintact for monitoring.
2.6 “Webpage” refers to the extension pages of an individual Website. Although Fintact does not specifically limit the number of pages that Fintact investigates as part of the services, we reserve the right to limit the scope of the site investigations on certain sites depending on their size and nature (e.g. google.com, yahoo.com or Tube sites).
2.7 “Fintact Contents Page” refers to the software, content, webpages, reports, tracking and management tools as well as other texts, data or programs that are available for you to use, view or download and which you can only access at a unique URL using a user ID and a password, as well as the Fintact legal library and case management system.
2.8 “Fintact Report” refers to the report prepared for the Customer based on the Services provided by Fintact. Reports are available in our case management system.
3.1 Based on the Services agreed in these GTCs, you hereby declare that you are prepared to pay us for the Services that you select. All prices are net, exclusive of statutory value added tax.
3.2 All monthly packages only apply for the month for which they were purchased. They lapse after this period. For example: You buy a 1-month package each month for a total period of 12 months. In this case, the monthly package from January also only applies for January and lapses at the end of the month. The value of the monthly package is described in the pricing page of the website. If you utilize more Services in a month, these are billed separately.
4.1 All rights, titles and interests of the Fintact Contents Page or other data on this page, as provided by Fintact, as well as all drafts, discoveries, inventions, products, processes, improvements, developments, drawings, notes, documents, documentaries, information and other materials, which are prepared, designed and/or developed by or on behalf of Fintact, including, but not limited to, all rights from copyrights, patents, trademarks and common law as well as all other associated property rights (“Intellectual Property Rights of Fintact”) remain the sole and exclusive property of Fintact. All Customer contents or confidential information provided by the Customer remain the Customer’s property.
4.2 We grant you and your legal representatives as well as your internal and external legal counsel a non-exclusive and non-transferrable Licence to access the Fintact Contents Page(s) for your internal business purposes for the term of this Contract. You may not sell the Fintact Contents Page on to third parties, issue sublicences to such third parties or provide the Fintact Contents Page in any other manner without our written consent. However, you may use the contents in communications or legal disputes with suspected infringers. You may print, copy and download the information; and, in the event that you comply with the payment obligations specified in section 3, all rights, titles and claims to the downloaded or printed copies of the Fintact Report(s) prepared specifically for customers shall be transferred to you in full and become your property.
4.3 Fintact retains the intellectual property rights to this report. The Customer is hereby granted permission to lawfully access the contents and use these contents within the scope of the service restrictions and/or confidentiality agreement(s) with Fintact. The Customer must not sell, transfer, sublicence, distribute, commercialise, or otherwise provide the Service or use it as a service benefit. The Customer may not integrate the Service into products or services that the Customer sells.
4.4 Unless otherwise expressly agreed in this Contract, the access to the Service does not grant the Customer any rights to the database, copyrights, trademarks, or other intellectual property of Fintact or a third party. The Service is protected by copyright and other intellectual property rights.
4.5 The Customer is not entitled and shall not permit third parties to adapt, change, modify, reverse engineer or decompile any element of the Service, or intervene in the Service in any other way, without the written approval of Fintact. Fintact may take measures to support the identification of its Service.
5.1 Neither party may use trademarks or brands and/or other protected designations, which have been licensed for the other party or belong to this party (“Brands”) without first obtaining the written consent and approval of the other party in relation to the materials in which they are to be used prior to every use. Neither party may take or initiate an action or other activities that places a part of the rights, titles, and interests of the other party in such Brands into question or impairs or intends to impair these in any manner.
6.1 The parties shall treat all business matters and ideas in connection with contract negotiations and Contract performances as strictly confidential. Data, documents, or information shall not be passed on to third parties without the prior consent of the other party. The declaration excludes lawyers acting in an advisory capacity. However, they must not be released from their professional confidentiality obligation. This obligation also applies for meetings, consulting activities and other collaboration.
6.2 Documents that are made available must be returned immediately after the end of negotiations or the cooperation. Data must be returned immediately after the end of negotiations or the cooperation.
7.1 In the event that you download software from the Fintact Contents Page or other pages provided by Fintact, the software, including all files and images that are included in the software or created by the software, as well as data that was added to the Software (jointly referred to as “Software”), we grant you the Licence for this Software. We do not transfer ownership of the Software to you. You own the medium on which the Software was recorded, but we retain full ownership of the software as well as all the associated intellectual property rights. You are not entitled to redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a form that can be understood by humans without the prior consent of Fintact.
8.1 We provide a user ID and a unique password for every workstation Licence within your organisation and for your legal representatives to which access is to be provided to the Fintact Contents Page during the term of this Contract. You provide all the relevant data in the online registration form.
8.2 You shall only forward the User IDs and passwords on to the persons mentioned in chapter 8.1 and ensure that every password is only used by authorised users. You shall not perform any actions that would disable the password security functions of the Fintact Contents Page.
8.3 We guarantee an annual average availability of the Software and the contents page of 96%.
9.1 We declare, guarantee and assure you that we have the unlimited right to issue you Licences to access the Fintact Contents Page within the scope of this Contract and that the Fintact Contents Page and the issuance of such a Licence does not breach any third party rights, including, but not limited to, the intellectual property rights of third parties.
9.2 You give your assurance, guarantee and commitment that you have the unlimited right to identify the verified corporate data and provide this to us as well as to authorise us to review these companies. You give your assurance and guarantee that you are authorised to process personal data and to commission us to process these data within the scope defined in the Contract in compliance with the applicable law.
9.3 The Fintact Reports contain internet information that is prepared and updated by third parties and we do not confirm or approve such information. We cannot guarantee or ensure that the information provided by third parties, which is accessed, collected, downloaded or copied from the Fintact Contents Page is made available to you in good time and/or that this information does not contain any adult material, is not infected with viruses and does not contain other potentially offensive or harmful content. Although we endeavour to include the most relevant information in every Fintact Report, all Fintact Reports, which are prepared in connection with the use of Versatile Customer Underwriting, are based on third-party information that is collected by Fintact and the accuracy of the results is not checked or released. We do not provide any express or implied guarantee in relation to the contents of Fintact Reports, which are provided as part of this Contract, or other information that is contained on the Fintact Contents Page
9.4 The Customer is aware of and consents to the fact that the Fintact Report is prepared to support the boarding and underwriting process of the Customer’s company. It is not a binding recommendation to continue or not to continue with the boarding. It is also not considered a legal opinion and/or management and/or financial advice. The Fintact Service is not intended to be used as the sole decision-making basis and is based on data that is provided by third parties, whose accuracy Fintact cannot guarantee. Fintact accepts no liability for decisions that are made, including business decisions and boarding decisions.
9.5 Although Fintact is committed to maintaining a high-quality, fully functional service, the Service and the services provided by third parties, in their current state, are provided without any express or implied guarantee of any kind. In particular, Fintact does not provide the Customer with any guarantee or assurance in relation to the contents of the Service or the completeness of the Fintact Report. Although Fintact is committed to maintaining the accuracy and quality of the Service, the information provided may be incorrect or outdated. As a result, any use of the Service takes place at the Customer’s risk.
9.6 We cannot guarantee that the Fintact Contents Page will be accessible at a certain speed or a certain performance from another website. We host the Fintact Contents Page using the hardware, software, and connections to the internet that we consider to be adequate based on our sole discretion. We do not provide an express or implied performance or other guarantee in relation to the suitability of the hardware or connection for your purposes for the Fintact Contents Page.
9.7 We are only liable in the event of gross negligence and intent. Damages that are caused by computer failures and transmission interferences when sending emails or by computer viruses are not classified as gross negligence. We take the necessary precautions by deploying appropriate anti-virus software.
Liability in case of slight negligence only applies in the event of a breach of material obligations. In this case, Fintact’s liability for damages is limited to 5,000.00 euros, unless a higher amount is specifically agreed in writing.
10.1 The Customer hereby agrees to compensate, defend and indemnify Fintact and its parent companies, subsidiaries, affiliated companies, directors and employees in relation to all losses, costs, damages, claims or receivables, including adequate legal fees, which are asserted by third parties or which Fintact or its parent companies, subsidiaries, affiliated companies, directors or employees suffer or suffered in connection with the non-compliant use of the Service by the Customer.
11.1 The term of these GTCS commences on the date that it enters into force and remains in place until one of the parties decide to conclude it. The contract relationship derived from the acceptance of these GTCs and subscriptions shall be automatically extended each year unless the client decides to cancel the subscription in written. For sake of clarity it must be specified that the minimal duration of each subscription is one year.
11.2 The right of the parties to terminate the Contract without notice for good cause remains unaffected. In particular, good cause exists for Fintact, if the Customer defaults on more than ¼ of its contractually owed invoice amount.
11.3 If the Contract is terminated, all confidential information must be returned by the parties or, if this is not possible, the information must be destroyed.
12.1 Reference customer. The Customer has the option of participating in the reference customer programme. Fintact is granted the right to name the Customer as one of its customers in publications and on the Fintact Website. Fintact shall first obtain the Customer’s written consent relating to the nature of the information, before naming the Customer in publications or on the Fintact Website. The aforementioned publication must not imply that an agency, partnership, joint venture or other relationship exists between the parties. This applies with the exception of contractual relationships that are entered into in compliance with this Contract and its promotion.
12.2 Technical support is available to the Customer with access to the Fintact system. Support is provided via email from Monday to Friday from 8:00 a.m. to 5:00 p.m. CET in English.