Terms and conditions for use of a Project Sharepoint

1         Definitions, subject matter and scope

(1)    OMNIA GmbH, Sternstraße 1, 85622 Feldkirchen (Munich) (hereinafter referred to as „Provider“) provides the services solely on the basis of these terms and conditions.

(2)    The User of the service (hereinafter referred to as User) is any persons or organisation applying for access to the Sharepoint and cover any beneficiary of the service, contractual partners of the Provider in regard to the provision of the service as part of a Common Project (clients and cooperation partners), and third parties seeking access.

(3) The project which constitutes the reason for the establishment of the Sharepoint, usually through a consultancy agreement between the Provider, or a cooperation partner of the Provider, and one of the Users or an organisation represented by one or more Users, will be referred to as Common Project in the following.  

 (4)    The Provider does not recognize any User’s terms and conditions that deviate from the ones stated here, unless the Provider has expressly agreed to them in writing beforehand. These terms and conditions also apply if the Provider provides its services, without reservation, in the knowledge of conflicting or deviating terms and conditions of the User.

2         Service obligations of the provider

(1)    The service obligations of the Provider result from the service agreement, which pursuant to Article 4 of this agreement is established on the basis of online approval by the User. Other promises, performance agreements, or ancillary agreements are only effective if they are confirmed in writing by the Provider beforehand.

(2)    The Provider hereby provides a technical solution (MS Share Point / Project Sharepoint), for the purpose of serving as the common data management as well as the joint processing of data / content during the project period for the Common Project for which the Provider was hired by the User. For this purpose, the Provider determines a folder structure that the User can access. The User should be able to use the folder structure to upload / edit relevant content / files / websites (or similar), etc.

(3)    The Provider is entitled to expand its services in order to adapt the service in view of technical progress and / or to make improvements. This is especially true if the adjustment is necessary to prevent misuse or the Provider is required by law to adjust the service.

(4)    If the Provider provides the services free of charge, the User has no claim for fulfilment. The Provider is entitled to discontinue the services provided without compensation with reasonable notice, or to offer them only for a fee. In such a case the Provider will inform the User in due time, in order to enable the User to secure the data / contents through other means.

(5)    The Provider is not obliged to provide any technical support to the User. The Provider does not provide any direct support for the User, unless otherwise agreed in writing.

(6)    Unless otherwise agreed, the Provider is not obliged to secure the User’s data or content provided by the User.

(7)    The Provider assumes no responsibility or legality for the content posted on the Project Sharepoint both in relation to the User and/or third parties.

(8)    No later than 6 months after completion of the Common Project, the Provider will irretrievably delete all content / files / websites, etc. stored on the Project Sharepoint. The Provider will inform the Users about the start and end of this period.

3         User responsibility and obligation

(1)    The User assures explicitly that publication and provision of all content / files / websites on the Project Sharepoint is not in violation of German, foreign domestic, or international law or against common decency or in violation of any rights of third parties. This includes particularly, but not exclusively, laws relating to copyright, trademark, data protection and competition.  If the User is acting contrary to these conditions, the Provider shall have the right to cease the provision of services immediately or to block access to the information provided by the User.

(2)    The User is obliged to set up and manage his servers in such a way that the security, integrity, and availability of the networks and data of third parties or the Provider are not endangered.

(3)    The User assures that any documents or details provided shall be correct and complete. The User shall inform the Provider without delay about any changes in the provided personal / staff details or changes to any other data that is relevant for the provision of service to which these terms and conditions apply.

(4)    The User shall make back-up copies of any data that they upload to the server of the Provider. Such copies must not be saved on the servers of the Provider and shall serve to ensure a fast and economic retrieval of data in case of a system failure. In case of loss of data, the User shall re-upload the respective data free of charge to the servers of the Provider and restore the respective configurations.

(5)    The User shall change their password at least every 3 months and keep them strictly confidential. The User will inform the Provider without delay if they become aware of a situation in which the password has become known to unauthorised third parties.

(6)    The User commits itself not to use the resources made available by the Provider for any acts or omissions that would violate any legal provisions or rights of third parties or would be against common decency. Such acts or omissions include in particular, but not exclusively, the following:

(a)    Unauthorised invasion into external computer systems (e.g. Hacking);

(b)    Obstruction of external computer systems via sending or forwarding of data streams and/or e-mails (e.g. DoS-/DDoS-attacks/spamming/mail-bombing);

(c)     Searching for open ports and accesses to computer systems (e.g. Port Scanning).

(7)    The Provider does not assume liability for claims for compensation of third parties resulting from violations of the aforementioned obligations by the User. The User shall not hold the Provider responsible for any claims for compensation by third parties resulting from the User’s violation of any of the above-mentioned obligations.

(8)    The Provider is entitled to charge the User for any legal expenses that result from a violation as described above.

4         Contract formation, contract duration, termination

(1)    The contract is concluded upon submission of the online registration form by the User. An explicit written or oral declaration is not required. The contract is concluded between the company / organisation that is represented by the User or to which the User belongs. The person concluding a contract as described above assures that they are acting as a legally empowered representative with a valid mandate to act in the name and on behalf of their company / organisation. If the person himself acts as an entrepreneur in his own name, the contract is concluded with him personally.

(2)    As far as not agreed differently, the contract duration starts upon submission of the online registration form and terminates 6 months after the end of the Common Project. The Provider will inform by email about the end date of the Common Project and the end of the 6 months period.

(3)    A concluded contract can be terminated at any time by unilateral notice from a party that is bound by such contract without the need to give any reasons for termination.

(4)    In case of termination of the Common Project, the User is entitled to demand that data that was uploaded by him shall be deleted. For this purpose, the User shall provide a comprehensive list of the files that the User believes need to be deleted.

5         Warranty

(1)    The User is obliged to inform the provider without delay about defects concerning the functionality or security of the deployed SharePoint solution. The User shall undertake all reasonable measures to support the Provider in its efforts to remedy the defects especially with regard to data security.

(2)    The Provider points out that also with the best available technology it is not possible to develop hardware or software that can and will always operate without defects or that can be protected against any kind of manipulation from or malicious act by third parties. The Provider does not guarantee that the provided hard- and software satisfies the requirements of the User, is suitable for certain applications and, furthermore, that it is free of system crashes, defects and malware. The Provider only guarantees that the hard- and software provided by the Provider functions under normal working conditions and with adequate maintenance in accordance with the specifications of the producer.

6         Liability of the Provider

(1)    The Provider is only liable pursuant to the following provisions.

(2)    The Provider is liable for intent and gross negligence in accordance with the statutory provisions.

(3)    In case of negligence the Provider shall only be liable in the event of a breach of a material contractual obligation, the fulfilment of which enables the proper performance of the contract in the first place, and on whose compliance the User can regularly rely. In these cases, the Provider shall only be liable for those damages that are foreseeable and typical for the contract.

(4)    In case of negligence, liability for all other damages, especially consequential losses, indirect losses or lost profit is excluded.

(5)    The above limitations do not apply to injury to life, limb or health, as well as liability under the Product Liability Act.

(6)    The exclusions and limitations of liability of the Provider also extend to the employees, representatives and other agents of the Provider.

(7)    Within the scope of the application of the German Telecommunications Act the liability provisions of § 44a of the German Telecommunications Act remain unaffected in any case.

7         Data protection

The Provider collects, processes and uses personal data of the User according to the applicable legal data protection provisions. Additional information can be found in the data protection declaration of the Provider, available here: https://www.omnia-energy.eu/disclaimer.

8         Hold harmless clause

In their internal relationship, the User commits itself to hold the Provider harmless against potential claims of third parties that result from illegal acts of the User or from incorrect data provided by the User. This is particularly the case for copyright, trademark, data protection and competition laws and for violations of article 3(6) of these terms and conditions.

9         Applicable law and court of jurisdiction

(1)    The applicable law is the law of the Federal Republic of Germany.

(2)    Any dispute or claim arising out of or relating to these terms and conditions and the services governed by them shall be brought exclusively in the competent court in Munich, Germany. Additionally, the Provider is entitled to sue the User at his general place of jurisdiction.