1. Scope

1.1 The following terms and conditions apply exclusively to deliveries and services of NR Ingenieurgesellschaft holztragwerke mbH, An der Eickesmühle 26, 41238 Mönchengladbach (Mönchengladbach Local Court, HRB 15397), hereinafter referred to as Ing. holztragwerke, in connection with software programmes provided by Ing. holztragwerke as a software-as-a-service service via the Internet: "AGB-Miete".

1.2 Terms and conditions of business of the user that deviate from these General Terms and Conditions in whole or in part shall not become part of the contract unless they have been expressly agreed to in writing by Ing. holztragwerke.

1.3 With the consent of the user, Ing. holztragwerke is entitled to change the content of the existing contract including these General Terms and Conditions, provided that the change is reasonable taking into account the interests of Ing. holztragwerke and the user. Consent to the amendment of the contract shall be deemed to have been given if the user does not object to the amendment within two weeks of receipt of the notice of amendment or its publication on our website www.ing-tools.de.

1.4 If the user objects to this intended change, Ing. holztragwerke shall have the choice of maintaining the contract under the previous conditions or terminating it at the time the change comes into force.

1.5 The following applies on our Internet pages: By activating the checkbox displayed during the registration process with the text "I have read the Terms and Conditions of NR Ingenieurgesellschaft holztragwerke mbH and agree to them", these Terms and Conditions are deemed to be accepted. The Terms and Conditions can be downloaded at any time from our website at www.ing-tools.de.

1.6 The offer of Ing. holztragwerke is also directed at entrepreneurs within the meaning of §14 BGB. You must provide truthful information about yourself and, if applicable, about your company (such as legal form, identification and contact details, VAT identification number, representation relationships) when first making contact or registering on the Internet and during ongoing use. You declare that the information you provide to Ing. holztragwerke when registering or making initial contact is accurate, correct and up-to-date at all times. Quotation prices to companies are quoted net and are invoiced plus statutory VAT.

1.7 These General Terms and Conditions shall also apply to all future transactions between the contracting parties.

Subject & Terms of Use

2.1 Ing. holztragwerke operates web-based software (a dynamic site with connected databases and servers), which enables applications to be used via the Internet by input via web browsers and queries and printouts to be made via the same medium.

2.2 Ing. holztragwerke grants the user a time-limited, non-exclusive, non-transferable and non-sublicensable right to use the software specified in the contract within the scope of the contractually agreed scope for the duration of the contract concluded in each case. The transfer point of the service provided via an Internet connection is the router output of the data centre used by Ing. holztragwerke to the Internet. If and insofar as not expressly permitted in the General Terms and Conditions of Contract, the user is not entitled to the following actions: (a) Translation, editing. (b) modifying, decompiling, imitating, reverse engineering or creating a derivative work of the Software or any portion thereof; (c) reproducing the Software and Documentation except as expressly permitted in these Terms and Conditions; (d) removing or altering any trademark, copyright or other proprietary notices from the Software and Documentation. These Terms of Use apply generally to any kind of use, in particular also to free services. Furthermore, the user is not entitled to further distribute the software, in particular not to transfer or rent it to third parties, to grant sub-licences to third parties for it, to resell it to third parties or to pledge it.

2.3 The respective current product descriptions are published on the website www.ing-tools.de. Any quality of the contractual software that goes beyond the specifications listed is not owed. Technical data, specifications and performance data in public statements, in particular in advertising material, do not constitute a statement of quality.

2.4 Ing. holztragwerke provides SaaS services and performances on the basis of complex technology, if necessary also by using the services of third-party providers. Ing. holztragwerke intends to continuously develop the SaaS services and performances at its own discretion in order to provide you users with the greatest possible convenience. You acknowledge and agree that the form and nature of the SaaS services and performances provided by Ing. holztragwerke may change to a reasonable extent during the term of the contract.

2.5 Ing. holztragwerke shall remedy any defects reported to it or the failure/partial failure of the software within a reasonable period of time.

2.6 Insofar as you use free services of Ing. holztragwerke or the SaaS services and services selected by you include services or services that go beyond the specifications set out in the product description, these services are provided without any legal claim and are not part of the service contractually owed by Ing. holztragwerke.

2.7 Insofar as Ing. holztragwerke provides free SaaS services or performances, these may be discontinued at any time and without prior notice or made dependent on the payment of a fee to be determined at the reasonable discretion of Ing. holztragwerke. Ing. holztragwerke shall announce these changes at www.ing-tools.de four weeks before the change takes effect. Defect rights, such as withdrawal, reduction or compensation for damages, shall not result from the discontinuation or the levying of a fee.

2.8 In the event of a breach of the aforementioned terms of use, Ing. holztragwerke shall be entitled to terminate the contract in whole or in part. In this case, Ing. holztragwerke additionally reserves the right to assert claims for damages against the user resulting from the breach of contract.

3. Providing the software and login data

3.1 On the user's side, a normal, state-of-the-art PC with an Internet browser (only: Firefox, Safari, Google Chrome) and standard software equipment is usually sufficient as a system requirement. holztragwerke is not responsible for the quality of the required hardware and software on the part of the user or the telecommunications connection between the user and holztragwerke up to the transfer point.

3.2 Ing. holztragwerke does not provide the user with access software. The following Internet browsers in the latest version are suitable as access software: Firefox, Safari, Google Chrome. The user is responsible for the installation and procurement of the access software.

3.3 In order to gain access to the programmes provided or supplied, the user is allocated an Internet page (link), user name and password. With this data, access to the programmes of Ing. holztragwerke is granted, insofar as their rights of use allow this.

3.4 This output of the link, the user name and the password is carried out via the e-mail address on which the user has registered or which he has given when initiating the transaction. The password is created automatically and is not stored or retained by Ing. holztragwerke. A password can be issued again.

3.5 The user is responsible for maintaining secrecy. The password is known only to the user. The user can change his password at any time.

3.6 Ing. holztragwerke shall not be liable for any damage resulting from the disclosure of the password, whether intentionally or negligently (e.g. by entering it in a so-called phishing e-mail).

4. Support

4.1 Support is the provision of telephone, written or electronic helpdesk assistance in the event of questions from the user regarding the use and function of the software and the provision of telephone, written or - by separate agreement - electronic assistance in the event of faults in the software. The user is only entitled to the support service offered by Ing. holztragwerke.

4.2 Support services are not included in the use of the software specified in the contract within the contractually agreed scope if they are not explicitly offered.

4.3 If it subsequently turns out that the user was not entitled to support, Ing. holztragwerke is entitled to invoice the user for the costs of the support provided at the respective valid consulting prices of Ing. holztragwerke.

5. Obligations of the user to cooperate

5.1 The user is aware that the proper provision of services by Ing. holztragwerke is dependent on certain obligations to cooperate on the part of the user.

5.2 The obligations to cooperate may consist, among other things and not conclusively, of the user having to name at least one competent contact person for his company in good time, having to provide certain (accounting-relevant) information in good time, having to provide a list of all (access-authorised) employees with certain minimum information.

5.3 Insofar as the user does not properly fulfil these obligations to cooperate, Ing. holztragwerke shall not be liable for any resulting damage.

6. Data protection

6.1 Ing. holztragwerke undertakes to comply with the provisions of the relevant statutory regulations, in particular the BDSG, when collecting, processing or using personal data.

6.2 The user is entitled to demand the surrender of the personal data at any time. In this respect, Ing. holztragwerke has no right of retention. The user is aware that in this case it is no longer possible to fulfil this contract.

6.3 The website www.ing-tools.de of Ing. holztragwerke uses Google Analytics, a web analytics service provided by Google, Inc ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyse how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using the www.ing-tools.de website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

7. Compensation

7.1 The use of the SaaS services, as well as the transmission of the user's data to Ing. holztragwerke via the website www.ing-tools.de shall be for the account of the user.

7.2 The costs of the data transfers of the SaaS services of Ing. holztragwerke via the website www.ing-tools.de to the user are included in the usage fees.

7.3 For some SaaS services, the input and/or storage of data (e.g. for project archiving) is charged extra. These costs are shown in the price lists and invoiced in addition to the usage fees.

7.4 In the event of termination of the contract, the obligation of Ing. holztragwerke to store user data shall end four weeks after the end of the contract.

8. Terms of payment

8.1 The user shall pay for services provided by Ing. holztragwerke after receipt of the invoice within 14 days of the invoice date. The timeliness of payment shall be determined by the date of receipt of the money or the unconditional crediting of the account of Ing. holztragwerke. At the discretion of Ing. holztragwerke, invoices may also be issued in electronic form. The e-mail address for this corresponds to the e-mail address when the user registered on the website www.ing-tools.de.

8.2 If the user does not meet his payment obligations within the period specified in Section 8.1, Ing. holztragwerke may demand interest on arrears at a rate of 8% above the respective base interest rate last published by the Bundesbank in the Federal Gazette from the expiry of the period.

8.3 In the event of late payment, Ing. holztragwerke may demand a one-off payment of 3 euros as default damages for each payment reminder/reminder as compensation for the administrative expenses incurred. The amount shall be reduced if the user proves that the actual expense is lower than the lump sum according to sentence 1.

9. Declaration of waiver

9.1 The software provided under the contracted use can be used to design components and component connections of structures that protect human life. Therefore, it is of utmost importance that the user understands the proper use and limitations of the software. The user understands and accepts that no guarantee can be given as to the accuracy and reliability of the software. The user must explicitly understand the assumptions of the software and have the necessary qualifications to be able to check results independently of the software. The user must check the plausibility of the design results for each design.

10. Jurisdiction, Applicable Law & Severability Clause

10.1 The user may not transfer the rights and obligations arising from the contracts existing with Ing. holztragwerke to third parties without the prior written consent of Ing. holztragwerke.

10.2 The place of performance and jurisdiction for all disputes arising in connection with the contracts and their fulfilment is the registered office of NR Ingenieurgesellschaft holztragwerke mbH in Mönchengladbach-Rheydt.

10.3 The law of the Federal Republic of Germany shall apply exclusively to all legal relationships between Ing. holztragwerke and the user. The application of the UN Convention on Contracts for the International Sale of Goods of 11 April 1980 is excluded.

10.4 If any provision of these General Terms and Conditions of Business is or becomes invalid, unenforceable or incomplete, this shall not affect the validity of the remaining provisions. In place of the invalid, impracticable or missing provision, that provision shall be deemed agreed which the parties would reasonably have agreed if they had been aware of the invalidity, impracticability or incompleteness.

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