MB maintains a website at www.meyerburger.com, which provides information about PV systems and how they are set up on real estate. The website is primarily for information purposes, it is generally accessible
and is not intended solely for professionals.
In order to make it easier for those interested in MB photovoltaic products to find a suitable fitter for PV systems, the website includes the function “find a fitter.” The link takes users to an online directory which
responds to queries by potential customers based on property location by identifying registered, locally resident qualified fitters as potential contacts (hereinafter: the “Tool”).
BUSINESS ASSOCIATE operates a qualified specialist company focused on installing PV systems and he/she wishes to be included as an entry in the Tool.
In consideration of these premises, the Parties hereby agree as follows:
§ 1 SUBJECT OF AGREEMENT
(1) MB grants BUSINESS ASSOCIATE an entry in the Tool on its www.meyerburger.com website, free of charge.
(2) The entry shall contain the information requested by MB or provided by BUSINESS ASSOCIATE concerning the BUSINESS ASSOCIATE’s specialist operations and shall display his/her logo, if so requested. BUSINESS ASSOCIATE shall complete a form for MB or a third party designated by MB which contains all of the information to be displayed and, where BUSINESS ASSOCIATE so wishes, he/she shall forward an image file of the logo by separate email. BUSINESS ASSOCIATE confirms that MB may use and publish BUSINESS ASSOCIATE's logo on the website and that BUSINESS ASSOCIATE owns the rights to the logo.
(3) BUSINESS ASSOCIATE acknowledges that MB is under no obligation to maintain the www.meyerburger.com website or the Tool and that MB may at any time, in its sole discretion, modify the functionality of or discontinue the website and/or the Tool. Design of the website and the Tool is also in MB’s sole discretion; BUSINESS ASSOCIATE is not entitled to request display at a specific point in the order of entries or in a particular way in the Tool.
(4) BUSINESS ASSOCIATE acknowledges that by operating the Tool or registering BUSINESS ASSOCIATE in it, MB makes no representation and gives no warranty with regard to marketing effects, such as concerning an increase of market awareness, customer base, orders, sales revenues etc. for the benefit of BUSINESS ASSOCIATE; the Parties are not entering into this Agreement in order to influence procurement decisions or for sales revenue considerations.
§ 2 OBLIGATIONS OF THE PARTIES
(1) BUSINESS ASSOCIATE warrants that all information provided by him/her for publication in the Tool is correct. BUSINESS ASSOCIATE shall inform MB immediately of any changes in text form so that the entry can be corrected if necessary.
(2) BUSINESS ASSOCIATE further warrants that he/she shall comply with all statutory and other applicable requirements (Chamber of Crafts and Trade or the like). If a claim is asserted against MB by third parties alleging that the BUSINESS ASSOCIATE has provided incorrect or inadmissible information, BUSINESS ASSOCIATE shall indemnify and hold MB fully harmless upon its first request.
(3) MB warrants that the website, including the Tool, shall be set up and maintained in accordance with applicable law. This applies in particular to the data protection rules.
(4) MB hereby disclaims liability for claims for damages by BUSINESS ASSOCIATE – regardless of their legal basis – save in the case of gross negligence or willful intent by MB, its representatives or vicarious agents. MB shall not be liable for indirect losses, in particular for consequential losses, or for damages that were unforeseeable at the time of conclusion of the contract, unless MB, its representatives or vicarious agents are at fault in this regard due to their willful acts and/or omissions. The foregoing limitations shall not apply to losses resulting from injury to life, limb or health or in cases in which mandatory liability is imposed by law e.g. in the case of liability for the assumption of a warranty, liability under the Product Liability Act or of a culpable breach of material contractual obligations (cardinal obligations). Cardinal obligations are the essential obligations forming the basis of this Agreement which decisively led to its conclusion and on compliance with which the BUSINESS ASSOCIATE is entitled to rely.
(5) Under any warranty claim, MB’s liability shall in any event be limited to EUR 1,000.00 (in words: EURO one thousand).
§ 3 TERM OF AGREEMENT
(1) This Agreement shall enter into force when signed and is being concluded for an indefinite term.
(2) The Parties shall be entitled to terminate the Agreement at any time upon four weeks' notice. The foregoing shall be without prejudice to the right of termination without notice for good cause.
(3) Notice of termination shall only be valid if given in text form.
§ 4 DATA PROTECTION
(1) The Controller for any data collection and processing carried out in connection with this Agreement is Meyer Burger (Industries) GmbH, Carl-Schiffner-Str. 17, 09599 Freiberg.
The contact details of MB’s data protection officer are as follows:
Meyer Burger (Industries) GmbH
- DATA PROTECTION OFFICER -
Carl-Schiffner-Str. 17, 09599 Freiberg
(3) The data are processed exclusively for the purpose of performing this Agreement. The data are therefore processed on the basis of Art. 6 (1) (b) GDPR.
(4) MB transmits the BUSINESS ASSOCIATE’s data exclusively to sitegeist media solutions GmbH, which creates and maintains the Tool on the website for MB. The data are stored exclusively on servers in Germany or Switzerland and are subject to European standards of data protection. The data will not be sold to third parties or otherwise marketed. The data will be erased after the performance of this Agreement, provided that erasure is not in conflict with any statutory retention obligations.
(5) BUSINESS ASSOCIATE, as a data subject affected by MB's storage of the data, has the right, pursuant to Art. 15 (1) GDPR, to obtain access to the personal data stored concerning him/her upon request and free of charge. In addition, BUSINESS ASSOCIATE has a right to rectification, erasure and restriction of processing of his/her personal data in accordance with Articles 16 – 18 GDPR and in compliance with the prerequisites specified therein and other legal requirements. If BUSINESS ASSOCIATE has made the processed data available to the Controller within the meaning of Art. 20 GDPR and the data processing is undertaken by automated means, BUSINESS ASSOCIATE shall have a right to request a transfer of the data.
(6) The provision of BUSINESS ASSOCIATE's personal data is necessary for the performance of this Agreement. The possible consequence of the non-provision of the data is that the Agreement cannot be performed.
(7) No automated decision-making (including profiling) pursuant to Article 22 (1) and (4) GDPR is carried out.
§ 5 FINAL PROVISIONS
(1) There are no ancillary agreements hereto. Any amendments and/or addenda must be made in writing; the foregoing also applies to any amendment and/or waiver of this written form requirement itself.
(2) This Agreement may not be assigned in whole or in part to any third party without the consent of the other Party. However, the foregoing does not apply to an assignment by MB to an affiliate within the meaning of secs. 15 et seq. German Stock Companies Act [AktG].
(3) The law applicable to all claims arising out of or in connection with this Agreement is the law of the Federal Republic of Germany, to the exclusion of the conflicts-of-law rules. Exclusive jurisdiction for any disputes arising under this agreement shall lie with the courts of Dresden.
(4) Should any provision of this Agreement be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. In such case, the Parties undertake to replace the invalid provision with a valid provision that comes as close as possible to the economic effect of the provision to be replaced and accords with the purpose of the Agreement. The same shall apply to any contractual gaps which are to be filled.
Status April 2021
Meyer Burger (Industries) GmbH