Privacy Policy of NetManagement Transaction Services Inc.

This page has been automatically translated. Please note that in case of any dispute, only the official English version of this website/document will prevail.

These websites, the portal and the offers, information, products and services contained therein are not aimed at consumers, but generally only at institutions, associations, authorities, companies, clubs and traders.

The NetManagement Transaction Services Inc. (hereinafter "NetManagement" or "We" or "Us") is pleased that you have visited our websites and mobile applications (together also "online offer") and that you are interested in our company and our products.

For better readability, the generic masculine is used on our websites. The personal names used in this work refer - unless otherwise indicated - to all genders.

1. NetManagement respects your privacy

The protection of your privacy when processing personal data as well as the security of all business data is an important concern for us, which we take into account in our business processes. We process personal data that is collected when you visit our online offerings confidentially and only in accordance with the legal provisions.

Data protection and information security are part of our company policy.

2. Responsible party

The responsible party for processing your data is NetManagement Transaction Services Inc.; exceptions are explained in this data protection notice.

Our contact details are as follows:

NetManagement Transaction Services Inc.
8 The Green, STE 300
Dover, DE 19901
United States of America

Telephone     ‎+1 (302) 425 1330

eMail   info [at] NetManagement [dot] us

3. Collection, processing and use of personal data

3.1 Categories of data processed

Communication data (e.g. name, telephone number, email address, address, IP address) is processed.

3.2 Principles

Personal data is all information that relates to an identified or identifiable natural person, for example names, addresses, telephone numbers or email addresses that express a person's identity.

We only collect, process and use personal data (including IP addresses) if there is a legal basis for doing so or if you have given us your consent in this regard, e.g. as part of a registration.

3.3 Processing purposes and legal bases

We and the service providers commissioned by us process your personal data for the following processing purposes:

3.3.1 Provision of this online offer

Legal basis: Overriding legitimate interest on our part in direct marketing, as long as this is in accordance with data protection and competition law requirements.

3.3.2 Answering user inquiries via a contact form

Legal basis: Overriding legitimate interest on our part in marketing and in improving our products and services, as long as this is in accordance with data protection and competition law requirements or contract fulfillment or consent.

3.3.3 Answering user inquiries via a live chat

Legal basis: Overriding legitimate interest on our part in marketing and in improving our products and services, as long as this is in accordance with data protection and competition law requirements or contract fulfillment or consent.

3.3.4 To identify disruptions and for security reasons

Legal basis: Fulfillment of our legal obligations in the area of data security and predominantly legitimate interest in eliminating disruptions and the security of our offers.

3.3.5 Self-promotion and third-party advertising as well as market research and reach measurement to the extent permitted by law or on the basis of consent

Legal basis: Consent or predominantly legitimate interest on our part in direct marketing, as long as this is done in accordance with data protection and competition law requirements.

3.3.6 Protection and defense of our rights

Legal basis: Legitimate interest on our part in asserting and defending our rights.

3.4 Log files

Every time you use the Internet, your Internet browser automatically transmits certain information and we store it in so-called log files.

We store the log files for a period of 14 days to identify faults and for security reasons (e.g. to investigate attempted attacks) and then delete them. Log files that need to be kept for evidentiary purposes are exempt from deletion until the respective incident has been finally clarified and can be passed on to investigative authorities in individual cases.

Log files are also used for analysis purposes (without or without a complete IP address) under the conditions of section 3.3.4 “Own and third-party advertising as well as market research and reach measurement to the extent permitted by law or on the basis of consent”.

The following information is stored in particular in the log files:

• IP address (Internet Protocol address) of the terminal device from which the online offer is accessed;
• Internet address of the website from which the online offer was accessed (so-called origin or referrer URL);
• Name of the service provider via which the online offer is accessed;
• Name of the files or information retrieved;
• Date and time as well as duration of the retrieval;
• Amount of data transferred;
• Operating system and information on the Internet browser used, including installed add-ons (e.g. for the Flash Player);
• HTTP status code (e.g. “Request successful” or “requested file not found”).

3.5 Consumers, children and young people

These websites, the portal and the offers, information, products and services contained therein are not aimed at consumers, but generally only at institutions, associations, authorities, companies, clubs and traders.

3.6 Transfer of data

3.6.1 Transfer of data to other responsible parties

We will only transfer your personal data to other responsible parties if this is necessary to fulfil the contract, we or the third party have an overriding legitimate interest in the transfer or you have given your consent. Details of the legal bases and the recipients or categories of recipients can be found in the section "Processing purposes and legal bases" (see No. 3.3).

In addition, data may be transferred to other responsible parties if we are obliged to do so due to legal provisions or by enforceable official or court order.

3.6.2 Service providers (general)

We commission external service providers to carry out tasks such as marketing services, programming, data hosting and hotline services. We have carefully selected these service providers and regularly monitor them, in particular their careful handling and security of the data stored by them. We require all service providers to maintain confidentiality and to comply with legal requirements. Service providers can also be other companies in the NetManagement group of companies.

3.6.3 Transfer to recipients outside your country

We may also pass on personal data to recipients who are based outside your country in so-called third countries. In this case, before passing on the data, we ensure that the recipient either has an appropriate level of data protection or that you have given your consent to the transfer.

You can obtain an overview of the recipients in third countries and a copy of the specific regulations agreed to ensure an appropriate level of data protection from us. Please use the information in the “Contact” section (see No. 13) for this purpose.

3.7 Duration of storage; Retention periods

We generally store your data for as long as it is necessary to provide our online offering and the associated services or we have a legitimate interest in further storage (e.g. we may still have a legitimate interest in postal marketing even after a contract has been fulfilled). We then delete your personal data with the exception of data that we must continue to store in order to fulfill legal obligations (e.g. we are obliged to keep documents such as contracts and invoices for a certain period of time due to tax and commercial law retention periods).

4. Use of cookies

Cookies and tracking mechanisms may be used to provide our online service. Cookies are small text files that can be saved on your device when you visit an online service. Tracking is possible using various technologies. We process information in particular using pixel technology or log file analysis.

4.1 Categories

We differentiate between cookies that are absolutely necessary for the technical functions of the online service and those cookies and tracking mechanisms that are not absolutely necessary for the technical function of the online service.

The online service can generally be used without cookies that do not serve technical purposes.

4.1.1 Technically necessary cookies

We understand technically necessary cookies to be cookies without which the technical provision of the online service cannot be guaranteed. This includes, for example, cookies that save data to ensure the trouble-free playback of video or audio content.

These cookies are deleted after your visit.

4.1.2 Cookies and tracking mechanisms that are not technically necessary

We use marketing cookies and tracking mechanisms. We only use these cookies and tracking mechanisms if you have given us your prior consent. The exception to this is the cookie that stores the current status of your privacy settings (selection cookie). This is set based on legitimate interest.

General

The use of marketing cookies and tracking mechanisms enables us and our partners to show you interest-based offers that are based on an analysis of your usage behavior:

Statistics:

By using statistical tools, we measure, for example, the number of your page views.

Conversion tracking:

Our conversion tracking partners place a cookie on your computer ("conversion cookie") if you have accessed our website via an ad from the relevant partner. These cookies usually expire after 30 days. If you visit certain pages of ours and the cookie has not yet expired, we and the respective conversion tracking partner can recognize that a certain user has clicked on the ad and was thus redirected to our site. This can also happen across devices. The information obtained using the conversion cookie is used to create conversion statistics and to record the total number of users who have clicked on the relevant ad and were redirected to a page with a conversion tracking tag.

Social Plugins:

Some pages of our online offering include content and services from other providers (e.g. Facebook, X, Google Maps), which in turn can use cookies and active components. You can find more information about social plugins in the "Social Plugins" section (see No. 7).

Please note that when using the tools, your data may be transmitted to recipients outside your country where there is no appropriate level of data protection. Details can be found in the following description of the individual marketing tools:

Name: Google Tag Manager

Provider: Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA

Function: Management of website tags via an interface, integration of program codes on our websites

Name: Google Ads

Provider: Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA

Function: Placement of advertisements, remarketing, conversion tracking

You can find more information at: https://adssettings.google.com/authenticated

4.2 Management of cookies and tracking mechanisms

You can manage your cookie and tracking mechanism settings in the browser and/or in our privacy settings:

Note: The settings you make only apply to the browser you are using.

4.2.1 Disabling all cookies

If you want to disable all cookies, please go to your browser settings and disable the setting of cookies. Please note that this may affect the functionality of the website.

4.2.2 Managing your settings regarding technically unnecessary cookies and tracking mechanisms

When you visit our website, you will be asked in a cookie layer whether you give us your consent to use marketing cookies or tracking mechanisms.

In our privacy settings, you can revoke consent you have already given with effect for the future or give us your consent at a later date.

5. Google, GEOPLUGIN and Bootstrap

5.1 Google Maps

This site uses the Google Maps map service via an API. The provider is Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

To use the functions of Google Maps, it is necessary to save your IP address. This information is usually transferred to a Google LLC server in the USA and stored there. The provider of this site has no influence on this data transfer.

Google Maps is used in the interest of an attractive presentation of our online offers and in making the locations we specify on the website easy to find. This represents an overriding legitimate interest on our part.

You can find more information on how user data is handled in Google's privacy policy: https://www.google.de/intl/de/policies/privacy/.

5.2 Google Web Fonts

This site uses so-called web fonts from the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, to uniformly display fonts. When you open a page, your browser loads the required web fonts into your browser cache in order to display texts and fonts correctly.

For this purpose, the browser you use must connect to Google's servers. This allows Google to know that our website was accessed via your IP address. Google Web Fonts are used in the interest of a uniform and attractive presentation of our online offers. This represents an overriding legitimate interest on our part.

If your browser does not support web fonts, a standard font from your computer will be used.

For more information about Google Web Fonts, see https://developers.google.com/fonts/faq and in Google's privacy policy: https://www.google.de/intl/de/policies/privacy/.

5.3 Geoplugin SAS

This site uses the services of GEOPLUGIN® to improve the usability of our website, to provide language support and to comply with regulations and official requirements.

For this purpose, if the origin of your IP address is unknown to us, the IP address is transmitted to Geoplugin to determine its origin.

Geoplugin transmits the following information about your IP address to us, if known:

• Name of the country and two-letter ISO country code. For example, Germany, DE;
• Currency of the country. For example, EUR;
• Currency symbol of the country. For example, €;
• Call number of the country. For example, +49;

GEOPLUGIN® is a company registered in France with servers in France and the Netherlands and is therefore obliged under European law to comply with the European General Data Protection Regulation (GDPR).

You can find more information on how user data is handled in the GEOPLUGIN® privacy policy

https://www.geoplugin.com/privacy

5.4 Bootstrap

This site uses the services of Volentio JSD Limited ("Bootstrap") to improve the user experience of our website. Bootstrap is a company registered in England and Wales. The Bootstrap files are hosted by us. Access to the Bootstrap servers should therefore not be made, but cannot be excluded. For more information on how user data is handled, please see Bootstrap's privacy policy

https://www.jsdelivr.com/terms/privacy-policy

6. Content Delivery Network from Microsoft Azure

To optimize the loading times of this website, we can use a so-called "Content Delivery Network" (CDN) service, offered by public cloud solutions from Microsoft. The provider is Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399 USA.

The use of the CDN service represents a legitimate interest.

As part of this processing, personal data is transferred to the USA. The transfer is based on European standard contractual clauses in which Microsoft has committed itself to complying with European data protection law for the services it provides.

You can find more information on Microsoft's data protection guidelines here: https://privacy.microsoft.com/de-de/privacystatement.

7. Social Plugins

We use so-called social plugins from various social networks in our online offering; these are described individually in this section.

When you use the plug-ins, your Internet browser establishes a direct connection to the servers of the respective social network. This informs the respective provider that your Internet browser has accessed the corresponding page of our online offering, even if you do not have a user account with the provider or are not currently logged into it. Log files (including the IP address) are transmitted directly from your Internet browser to a server of the respective provider and may be stored there. The provider or its server may be located outside your country (e.g. in the EU or the USA).

The plugins represent independent extensions of the providers of the social networks. We therefore have no influence on the extent of the data collected and stored by the providers of the social networks via the plugins.

The purpose and extent of the collection, further processing and use of the data by the social network as well as your rights and setting options to protect your privacy can be found in the data protection information of the respective social network.

If you do not want the providers of the social networks to receive data about this online offer and possibly store or further use it, you should not use the respective plugins.

7.1 Social plugins with 2-click solution

With the so-called 2-click solution, we protect you from your visit to our websites being recorded and evaluated by social network providers as standard. If you access a page on our website that contains such plugins, they are initially deactivated. The plugins are only activated when you click the button provided.

7.2 Plugins from Facebook

Facebook is operated at www.facebook.com by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA, and at www.facebook.de by Facebook Ireland Limited, Hanover Reach, 5-7 Hanover Quay, Dublin 2, Ireland ("Facebook"). An overview of Facebook's plugins and what they look like can be found here:

https://developers.facebook.com/docs/plugins/?locale=de_DE; Information on data protection at Facebook can be found here: http://www.facebook.com/policy.

7.3 Plugins from X

X is operated by X Inc., 1355 Market St, Suite 900, San Francisco, CA 94103, USA ("X"). An overview of X's plugins and what they look like can be found here: https://developer.X.com/; Information on data protection at X can be found here: https://X.com/de/privacy.

7.4 LinkedIn plugins

LinkedIn is operated by LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA ("LinkedIn"). An overview of LinkedIn plugins and their appearance can be found here: https://developer.linkedin.com/plugins; information on data protection at LinkedIn can be found here: https://www.linkedin.com/legal/privacy-policy.

8. YouTube

This online offering uses the YouTube video platform, which is operated by YouTube, LLC, 901 Cherry Ave. San Bruno, CA 94066, USA ("YouTube"). YouTube is a platform that enables the playback of audio and video files.

When you access a corresponding page on our offering, the embedded YouTube player establishes a connection to YouTube so that the video or audio file can be transmitted and played. Data is also transferred to YouTube as the controller. We are not responsible for the processing of this data by YouTube.

You can find further information on the scope and purpose of the data collected, the further processing and use of the data by YouTube, your rights and the data protection options you can select in YouTube's privacy policy.

9. External links

Our online offering may contain links to third-party websites that are not affiliated with us. After clicking on the link, we no longer have any influence on the collection, processing and use of any personal data transferred to the third party when you click on the link (such as the IP address or the URL of the page on which the link is located), as the behavior of third parties is naturally beyond our control. We accept no responsibility for the processing of such personal data by third parties.

10. Security

Our employees and the service companies commissioned by us are obliged to maintain confidentiality and to comply with the provisions of the applicable data protection laws.

We take all necessary technical and organizational measures to ensure an appropriate level of protection and to protect your data managed by us, in particular against the risks of accidental or unlawful destruction, manipulation, loss, alteration or unauthorized disclosure or access. Our security measures are constantly being improved in line with technological developments.

11. User rights

Please use the information in the "Contact" section (see No. 13) to assert your rights. Please ensure that we can clearly identify you.

11.1 Right to information and disclosure

You have the right to receive information from us about the processing of your data. To do this, you can assert a right to information with regard to the personal data that we process about you.

11.2 Right to rectification and deletion

You can request that we correct incorrect data. If the legal requirements are met, you can request that your data be completed or deleted.

This does not apply to data that is required for billing and accounting purposes or is subject to statutory retention periods. However, if access to such data is not required, its processing will be restricted (see below).

11.3 Restriction of processing

You can request that we restrict the processing of your data - if the legal requirements are met.

11.4 Data portability

If the legal requirements are met, you can request that data that you have made available to us be sent to you in a structured, common and machine-readable format or - if technically feasible - that the data be sent to a third party.

11.5 Right of objection

11.5.1 Objection to direct marketing

You can also object to the processing of your personal data for advertising purposes at any time ("advertising objection"). Please note that for organizational reasons there may be an overlap between your objection and the use of your data as part of an ongoing campaign.

11.5.2 Objection to data processing based on the legal basis of “legitimate interest”

You also have the right to object to data processing by us at any time if this is based on the legal basis of “legitimate interest”. We will then stop processing your data unless we can - in accordance with the legal requirements - prove compelling legitimate reasons for further processing that outweigh your rights.

11.6 Revocation of consent

If you have given us your consent to process your data, you can revoke this at any time with effect for the future. The legality of the processing of your data until the revocation remains unaffected.

11.7 Right to lodge a complaint with the supervisory authority

You have the right to lodge a complaint with a data protection supervisory authority. You can contact the data protection supervisory authority responsible for your place of residence or your federal state or the data protection supervisory authority responsible for us.

12. Changes to the data protection declaration

We reserve the right to change our security and data protection measures. In these cases, we will also adapt our data protection information accordingly. Please therefore note the current version of our data protection information.

13. Contact

If you would like to contact us, you can reach us using the contact details provided in the "Responsible person" section (see no. 2).

To assert your rights, you can reach us using the contact details provided in the "Responsible person" section (see no. 2).

To report data protection incidents, you can reach us using the contact details provided in the "Responsible person" section (see no. 2).

For suggestions and complaints regarding the processing of your personal data, we recommend that you contact our data protection officer:

NetManagement Transaction Services Inc.
Data Protection Officer
8 The Green, STE 300
Dover, DE 19901
United States of America

or

eMail   dpo [at] NetManagement [dot] us

This page has been automatically translated. Please note that in case of any dispute, only the official English version of this website/document will prevail.

These websites, the portal and the offers, information, products and services contained therein are not aimed at consumers, but generally only at institutions, associations, authorities, companies, clubs and traders.

For better readability, the generic masculine is used on our websites. The personal names used in this work refer - unless otherwise indicated - to all genders.

1. Scope

1.1. Use of these websites / applications / software (hereinafter: "") offered by NetManagement Transaction Services Inc. ("NetManagement") is permitted solely on the basis of these terms. These general terms of use may be supplemented, modified or replaced in individual cases by additional terms, e.g. for the purchase of products and/or services. By registering, also known as logging in, or, if a separate registration/log-in is not required, by starting to use, the validity of these terms of use in their respective versions is accepted.

1.2. Our offer is not aimed at consumers, but exclusively at institutions, associations, authorities, companies, clubs, traders and freelancers.

1.3. When using the , the user must act for a company, i.e. in the exercise of a commercial or independent professional activity, or for a public body.

1.4. The respective company or body is represented by the user and must be held responsible for their actions and knowledge.

2. Services

2.1. NetManagement provides certain information, contract documents, documents, help with filling out forms, services, products and software, possibly together with documentation, for use, retrieval or downloading on the .

2.2. NetManagement provides access, use and contracts for third-party services and products on the .

2.3. NetManagement is entitled to stop operating the in whole or in part at any time. Due to the nature of the Internet and computer systems, NetManagement does not guarantee the uninterrupted availability of the .

3. Registration, password

3.1. The pages/portal/application/software are password-protected. In the interests of business security, access to these pages is only possible for registered users. There is no entitlement to registration by NetManagement. In particular, NetManagement reserves the right to make previously freely accessible websites subject to a registration requirement. NetManagement is entitled to revoke access authorization at any time by blocking the access data without having to provide reasons, in particular if the user

• A consumer is:
• The use is not in the exercise of a commercial or self-employed professional activity, or for a public body;
• Not acting for institutions, associations, authorities, companies, clubs, traders and as a freelancer;
• Has provided false information for registration and/or obtaining the contract or services;
• Has violated these terms and conditions or his duty of care in handling the access data;
• Has violated applicable law when accessing or using the or
• Has not used the for a longer period of time.

3.2. If registration is required, the user is obliged to provide truthful information for registration and to inform NetManagement immediately (online, if applicable) of any subsequent changes. The user will ensure that he receives the emails sent to the email address he has provided.

3.3. During multi-stage registration, the user sets his own user name (email address) and password, or personal identification number/PIN, hereinafter also referred to as "user data"). The user data enables the user to view and change his data or, if necessary, to revoke or extend any consent given to data processing.

3.4. The user ensures that the user data is not accessible to third parties and is liable for all orders, contracts and other activities carried out using the user data. The password-protected area must be left after each use. If the user becomes aware that third parties are misusing the user data, he is obliged to inform NetManagement immediately in writing, if necessary in advance by simple email.

3.5. After receipt of the notification in accordance with section 3.4, NetManagement will block access to the password-protected area with these user data. The block can only be lifted after the user has submitted a separate request to NetManagement or after a new registration.

3.6. The user can request the deletion of his registration in writing at any time, provided that the deletion does not conflict with the processing of ongoing contractual relationships. In this case, NetManagement will delete all user data and all other stored personal data of the user as soon as they are no longer required.

4. Rights of use of offers, contract documents, information, software and documentation

4.1. The use of the offers, contract documents, information, software and documentation made available on is subject to these terms and conditions or, in the case of updates to offers, contract documents, information, software or documentation, to the relevant license and contract terms and conditions previously agreed with NetManagement. Separately agreed license and contract terms, e.g. when downloading contract documents, offers, software, take precedence over these terms and conditions.

4.2. NetManagement grants the user a non-exclusive and non-transferable right to use the information, applications, software, services, products and documentation made available on to the extent agreed or, if nothing is agreed, to the extent that it corresponds to the purpose pursued by NetManagement in making them available and transferring them.

4.3. The application/software is provided in machine-readable form. There is no right to the release of the source code. This does not apply to source codes of open source software whose license terms, which take precedence over these terms and conditions when passing on open source software, require the release of the source code. In this case, NetManagement will provide the source code against reimbursement of costs.

4.4. Neither offers, contract documents, information, applications, software nor documentation may be passed on, distributed, rented or otherwise made available by the user to third parties at any time. Unless mandatory legal provisions permit otherwise, the user may not change, reverse engineer or translate the contract documents, offers, software or their documentation, nor may he extract parts of them. The user may make a backup copy of the application/software if this copy is required to ensure future use on the basis of these terms of use.

4.5. The offers, contract documents, information, the application, the software and the documentation are protected by copyright laws as well as international copyright treaties and other laws and agreements on intellectual property. The user will respect these rights, in particular not remove alphanumeric identifiers, trademarks and copyright notices from the contract documents, offers, information, software, documentation or copies thereof.

4.6. Sections 69a ff. of the Copyright Act remain unaffected.

5. Intellectual property

5.1. Notwithstanding the special provisions in Section 4 of these Terms of Use, contract documents, offers, information, applications, software, brand names and other content may not be modified, copied, reproduced, sold, rented, used, supplemented or otherwise exploited by without the prior written consent of NetManagement.

5.2. Outside of the rights of use or other rights expressly granted herein, the user is not granted any other rights of any kind, in particular to the company name and to industrial property rights such as patents, utility models or trademarks, nor is NetManagement obliged to grant such rights.

5.3. If the user submits ideas and suggestions on the s, NetManagement may use them free of charge to develop, improve and sell the products and services from its portfolio.

6. Obligations of the user

6.1. When using the , the user may not

• Violate common decency with his or her usage behavior;
• Allow third parties, in particular third parties from outside the industry, to access, use or view the content;
• Violate industrial property rights and copyrights or other property rights;
• Transmit content containing viruses, so-called Trojan horses or other programming that can damage software;
• Violate regulations, official requirements, laws (including international law) and sanctions;
• Engage in illegal activities such as corruption, bribery, robbery, extortion, drug trafficking, unauthorised arms trafficking, tax evasion or money laundering;
• Enter, save or send hyperlinks or content to which he is not authorised, in particular if these hyperlinks or content violate confidentiality obligations or are illegal; or
• Distribute advertising or unsolicited emails (so-called "spam") or inaccurate warnings about viruses, malfunctions and the like or encourage participation in competitions, snowball systems, chain letters, pyramid games and similar campaigns.

6.2. NetManagement may block access to the at any time, in particular if the user violates his obligations under these terms and conditions.

7. Hyperlinks

The may contain hyperlinks to third-party websites. NetManagement assumes no responsibility for the content of these websites, nor does NetManagement claim ownership of these websites and their content, as NetManagement does not control the linked information and is not responsible for the content and information provided there. Their use is at the user's own risk.

8. Liability for performance, material and legal defects

8.1. If offers, contract documents, information, applications, software or documentation are provided free of charge, liability for performance, material and legal defects of the offers, contract documents, information, software and documentation, in particular for their correctness, freedom from errors, freedom from third-party protective rights and copyrights, completeness and/or usability - except in the case of intent or malice - is excluded.

8.2. The information on the may contain specifications or general descriptions of technical possibilities of services and products, which may not always be available in individual cases (e.g. due to product or service changes). The desired performance characteristics of the services and products must therefore be agreed on a case-by-case basis when purchasing or concluding a contract.

9. Other liability, viruses

9.1. NetManagement's liability for performance, material and legal defects is governed by the provisions in Section 8 of these Terms of Use. Otherwise, any liability of NetManagement is excluded, unless liability is mandatory, for example, under the Product Liability Act, due to intent, gross negligence, injury to life, body or health, due to the assumption of a guarantee of quality, due to fraudulent concealment of a defect or due to the violation of essential contractual obligations. However, compensation for damages due to breach of essential contractual obligations is limited to the foreseeable damage typical for the contract, unless there is intent or gross negligence.

9.2. Although NetManagement always endeavors to keep the virus-free, NetManagement does not guarantee that it is virus-free. Before downloading offers, contract documents and other documents, information, software and documentation, the user will ensure that appropriate security measures and virus scanners are in place for their own protection and to prevent viruses on the .

9.3. The above provisions in sections 9.1 and 9.2 do not involve a change in the burden of proof to the detriment of the user.

10. Compliance with export control regulations

10.1. When passing on offers, contract documents, documents, information, applications, software and documentation provided by NetManagement to third parties, the user must comply with the applicable provisions of national and international (re-)export control law. In any case, the user must observe the (re-)export control regulations of the Federal Republic of Germany, the European Union and the United States of America when making such a transfer.

10.2. Before making such a transfer, the user will in particular check and take appropriate measures to ensure that

• He is not violating an embargo of the European Union, the United States of America and/or the United Nations - also taking into account any restrictions on domestic business and any prohibitions on circumvention - by making such a transfer to third parties or by making other economic resources available in connection with information, software and documentation provided by NetManagement;
• Such information, software and documentation provided by NetManagement are not intended for any prohibited or authorised armament-related, nuclear or weapons-related use, unless any necessary authorisations are available;
• The regulations of all relevant sanctions lists of the European Union and the United States of America regarding business transactions with companies, persons or organisations named therein are complied with.

10.3. If necessary to carry out export control checks by authorities or by NetManagement, the user will, upon request, immediately provide NetManagement with all information about the final recipient, the final destination and the intended use of the information, software and documentation provided by NetManagement as well as any export control restrictions applicable in this regard.

10.4. The user fully indemnifies NetManagement from all claims asserted by authorities or other third parties against NetManagement due to the user's failure to comply with the above export control obligations and undertakes to compensate NetManagement for all damages and expenses incurred in this connection, unless the user is not responsible for the breach of duty. This does not involve a reversal of the burden of proof.

10.5. The fulfillment of the contract by NetManagement is subject to the proviso that there are no obstacles to fulfillment due to national or international foreign trade law provisions or embargoes and/or other sanctions.

11. Subsidiary agreements, place of jurisdiction, applicable law

11.1. Subsidiary agreements must be in writing.

11.2. If the user is a company, not a consumer, the place of jurisdiction is Delaware, USA.

11.3. The individual pages, services and/or products of are operated and managed by NetManagement Transaction Services Inc.. The pages, services and/or products take into account the requirements of the respective country in which the responsible company is based. NetManagement assumes no responsibility for the fact that offers, contractual documents, documents, information, services, products, applications, software and/or documentation from may also be accessed or downloaded from locations outside the relevant country.
If users access from locations outside the relevant country, they are solely responsible for complying with the relevant regulations under the relevant national law. Access to offers, contractual documents, documents, information, applications, software, services, products and/or documentation on from countries in which such access is illegal is not permitted. In this case and if the user wishes to enter into business relations with NetManagement, the user should contact NetManagement representatives in the respective country.

11.4. the law of the State of Delaware (USA) applies, excluding the UN Convention on Contracts for the International Sale of Goods.