General terms of use for the online offer

State: 09/2010
of DVS System Software GmbH & Co. KG, Freiligrathstraße 6 - 6 a, 58636 Iserlohn - Germany

1. In General

(1) The following general terms of use are valid for all present and future business relationships between DVS System Software GmbH & Co. KG (DVS as detailed below) and their customers for the use of the online offer

(2) The offer affects only customers with commercial or independent occupational activities (employers).


2. Object, Requirements

(1) Object of these requirements is the conclusion of a contract for the use of the software application with costs for the creating of construction designs for packagings offered by DVS via www.dvspack4web.

(2) The use is made via internet to the software application hosted on a server.

(3) The performance spectrum of the online offer results from each current product description.

(4) DVS are entitled to extend, modify and deviate the performance offer of their products in as far as the contract purpose is not or only insignificantly impaired for the customer.

(5) The general internet admission is not object of the contract. The internet admission and the use of a current version of a marketable browser is required for the use of the online offer.


3. Conclusion of a Contract

(1).With his order the buyer mandatorily declares that he purchases the online service offered by DVS with costs.

(2) With order on electronic way DVS will immediately inform the buyer about the receipt of the order. The acknowledgment is no binding acceptance of the order. The acknowledgment can, however, be combined with the acceptance declaration.

(3) The contract between the buyer and DVS comes about with the written acceptance of the contract offer by DVS and the transmission of the admission data.


4. Prices, Remuneration, Terms of Payment

(1) The admission as well as the use of the contents contained in the contract are calculated in accordance with the actually valid product description and the price list.

(2) The admission is company-related and can be used by several staff members.

(3) If no different mode of payment is arranged the invoicing is made monthly with use of the online services. The invoice amount falls due with the invoicing. Payment has to be made without deduction to one of the accounts named in the invoice. If default is made DVS are entitled to lock the supply of further services.

(4) The customer is informed about price changes. After notice of the changed prices the contract continues its validity with changed conditions after the end of the following month.

(5) Price increases entitle the customer to terminate the contract to the end of the following month after notification. The termination must be made in writing.


5. Data Transmission of the Construction Design

(1) The construction design in dxf format can optionally be had from DVS either by download via web page or by e-mail.

(2) If the individual call is with costs according to contract the cost liability for the call starts with the confirmation of the download button. If the download is without success the customer automatically gets a link to the registered e-mail address for a repetition of the download.


6. Rights and Duties of the Customer

(1) For the use of the online services the customer obtains the simple, not solely limited to the duration of the contract and not transferable contractual right of property within the framework of the contract and the following terms. Rights to the contents (catalogs, samples, etc.) are not involved.

(2) The contractual right of property to the construction design created by the customer via online offer has no temporary limitation.

(3) In case of a delay of payment the contractual right of property to the construction design can be withdrawn. The withdrawal for the contractual right of property is also possible if the customer defaults another claim of the online offer.

(4) The customer can continuously dispose of the online services. The availability of the online services can be limited at times from technical reasons, e.g. because of necessary or matters of routine maintenance services.

(5) With entering into the software use contract the customer acquires a user account and obtains a user name and a password for the use of the online offer. Several users in one company have to register themselves individually and each obtain a separate user account with access data. The results of the construction process are sent to the registered users’ corresponding e-mail addresses.

(6) The customer is responsible for the non-disclosure of the log-in data and has to prevent their misuse. He guarantees that his authorized users comply with this obligation. If the customer hears about a misuse DVS must be informed immediately. In case of misuse DVS are authorized to block the access to the database. The customer is held liable for a misuse he is responsible for.


7. Breach of Contract

If the customer or his authorized users break provisions of the contract DVS are entitled to cancel the contract without notice. In case of the use of the online services DVS are also entitled to block the access to the online services with immediate effect. Claims for damages remain unaffected.


8. Period of Validity and Cancellation

(1) The contractually agreed periods of validity are effective for the respective product.

(2) The due and proper notice is ruled out during the agreed period of validity.

(3) If the use contract is not cancelled within the deadline of 1 month of contract termination the use contract is extended to an unlimited use contract with due and proper period of notice of 1 month to the end of the month.

(4) The cancellation is to be made in writing.


9. Data Protection, Confidentiality

(1) Under § 33 Bundesdatenschutzgesetz the customer herewith is informed that in order to implement the contract person-related data are stored in machine-readable form, mechanically processed and, if necessary, forwarded to participating cooperation partners, vicarious agents and service agents to the necessary extent.

(2) DVS process the customer’s collected data to implement the contract, to maintain the constant customer relationship, to back up quality and to advance products by customers’ interviews and to forward information about current offers and prices. The customer gives his agreement to the receipt of e-mails. The customer can withdraw his agreement for the use of his e-mails for advertising purposes any time. Collected data are only passed on to third parties in as far it is necessary for the implementation of the contract.

(3) Inquiries and profiles (current inquiries to a definitely outlined subject) of the customer can also be mechanically stored and processed.

(4) DVS guarantee the confidential handling of the disclosed data. If the forwarding of the customer’s data to a third party is necessary (cooperation partners, vicarious agents, service agents) those are indentured to observe data protection law provisions. This duty continues after termination of the contract.

(5) The customer’s rights are determined according to the regulations of the Bundesdatengesetz  (BDSG) (federal data law).


10. Copyright

The customer accepts that the available information offers are database works in the sense of the copyright created by DVS. The – also in extracts – mimeographing of contents of the online offer is prohibited and requires the express agreement.


11. Warranty Claims and Liability

(1) With defects the customer’s rights are determined under the tenancy law regulations of the Civil Code (BGB).

(2) In case of a breakdown of the database server operated by DVS or the online offer cannot be reached over a considerable period of time (more than 2 hours) during the usual business hours the customer is entitled to a reduction. The reduction is calculated on the basis of the monthly basic payment in proportion of the time nobody can be reached during the usual business hours to the monthly time when contact can be made during the usual business hours. Usual business hours are on workdays Monday till Friday from 7:00 to 18:00 hours.

(3) There are no claims for damages which go beyond the reduction when the online offer cannot be reached.

(4) Packagings that can be constructed via online offer are construction designs on the basis of standard catalogs which depend on the customers’ selection and input of measurements. Because of the standardized construction calculations the customer must check before the production whether the construction is feasible in general. Before production the customer must check himself or have a packaging manufacturer check the construction for accuracy of the measurements, fitting (especially of multiple parts packagings), statics and feasibility (selection of material). DVS does not take on any guarantee for the accuracy of measurements, fitting, statics and feasibility.

(5) Claims for damages which are not founded on DVSs’ wilful and/or grossly negligent breach of contract are excluded. If a damage is founded on damage caused by default or impossibility and DVS and their staff members cannot be blamed of gross negligence, only the direct damage is compensated.


12. Final Provisions

(1) The valid law is the law of the Federal Republic of Germany.The provisions of the UN sales law do not apply.

(2) Place of jurisdiction is Iserlohn provided that the customer is merchant, legal entity under public law or public special assets.

(3) Should a provision of this contract be null and void or challenged the other provisions will remain unaffected.



dvspack4Web is a product of

DVS System Software GmbH & Co. KG
Freiligrathstrasse 6 - 6a

D-58636 Iserlohn

Get further information at

Stand 24.09.2010