ViaNet2 is an information platform as well as an electronic trade portal for business-to-business traffic, offered by Vennari International Business. A network of experienced and competent partners supports ViaNet2, providing advice and action and implementing services in each respective country.
On this trade portal, producers as well as service providers, in the following called “members”, can present their services. Members can view these services or information provided by ViaNet2 or its partners. Visitors of the information platform ViaNet2 have access to a limited area of the portal. Contracts, however, cannot be concluded on the trade portal. The member or the visitor must make personal contact with other member or the respective partner for this purpose.

§ 1 General conduct

All services provided to members by ViaNet2 are carried out exclusively on the basis of the following General Terms and Conditions, in the version effectual in the period of time until the conclusion of the contract. The terms and conditions of members or national and international partners of ViaNet2 which differ from the following are not an integral part of the contract. The differing terms and conditions are effectual only if explicitly agreed upon by the member and ViaNet2.

§ 2 Member, conclusion of contract

2.1 Membership of ViaNet2 is reserved to entrepreneurs. As soon as a prospective member registers and thus becomes a member, he pronounces himself an entrepreneur in his relation to ViaNet2. The General Terms and Conditions are acknowledged at the moment of registration.

2.2 Membership is acquired after registration at ViaNet2. In order to register as a member, the potential member must fill in the registration form created by ViaNet2 and send it to ViaNet2. The potential member guarantees for correctness and completeness of his data and pledges to adjust his data in the login area or to inform ViaNet2, should a change in the data occur. ViaNet2 and its partners regard all internal operations and information acquired through working with the member as strictly confidential, except for the information available online and previously included in the registration form by the member himself.

§ 3 Scope and limits of right of use, convertibility

3.1. Each registered member is entitled to call upon information offer by ViaNet2 and services offered by a third party

3.2. The member is entitled to carry out researches on the ViaNet2 platform and to copy the researched data onto the working storage of his computer or store it on his hard disk. He may employ the accessed data exclusively for his own use. ViaNet2 does not grant the member copyright or any other trademark right for the configuration of the service, especially for the current and future website www.vianet2.com, the ViaNet2 software and all affiliated documents and compositions.

3.3. Variant from this, ViaNet2 is entitled to change the operator interface of the platform anytime.

§ 4 Username / password

4.1 Every member fills in his personal email address as his username in the registration form as well as his personal password which he receives in the confirmation email.

4.2 Username and password may only be used by one natural person at a time.

4.3 The member is responsible for nondisclosure of his password. Should a use of the platform by a third party be allowed for due to violation of the secrecy requirement, the member will compensate for damage caused by such violation. A contractual penalty of 5.000 € is due for each culpable contravention of secrecy obligation. Furthermore, ViaNet2 reserves the right to exercise further damage claims in case of such violation. If an actual amount of loss can be demonstrably numeralized, the contractual penalty is to be chargeable additionally to the damage compensation.

4.4. Should the member lose or forget his password, he must inform ViaNet2 without undue delay. ViaNet2 will block the password and promptly send the member a new valid password.

§ 5 Data protection, nondisclosure and anonymity

5.1 The member is hereby informed as per § 33 Federal Data Protection Act that ViaNet2 stores his complete address as well as other assignment-specific details in a machine-readable form and processes them automatically for purposes resulting from the contract. Assignment-specific details are all data of the member included in his registration mask and in entry mask in his login area. ViaNet2 guarantees confidential treatment of this data.

5.2 In case of suspecting a misuse or violation of contract, ViaNet2 reserves the right to keep track of member’s activities, to make necessary arrangements and if needed, to block member’s access in case of justified suspicion.

§ 6 Commission

6.1 The use of the ViaNet2 platform is free of charge for the registered (standard-registration) members.

6.2 Further optional services exceeding the contractually stipulated service scope and provided to a member by ViaNet2 or its partner after prior consultation will be billed separately. Further costs may arise for use of additional services provided by ViaNet2 and/or its partner. The member will be informed of this by a previous notice or an offer.

§ 7 External links and liability

7.1 ViaNet2 does not take over any responsibility for the quality of services or delivery, acceptance of services, completion of services or provision of return services by partners or a third party. ViaNet2 does, however, commit itself to work towards making the partner render the contractually agreed service after having obtained information on drawback in contract fulfillment.

7.2 ViaNet2 does not take over any liability for the content of websites of third parties which are integrated in the ViaNet2 platform or which are referred to at www.vianet2.com.

§ 8 Warranty

8.1 A member is not entitled to assert a warranty claim on erroneous performance of contractual accessory obligations by ViaNet2 which were caused neither by a deliberate act nor by gross negligence.

8.2 ViaNet2 does not guarantee usefulness of accessed data to the member.

8.3 Within a cut-off-period of one week after providing a service, apparent deficiencies are to be announced to ViaNet2 in written form. The reprehension-duty in case of unapparent deficiencies begins in the moment of their discovery or in the moment when the member must have had discovered them.

§ 9 Statute of limitations

The limitation of time for claims against ViaNet2 for unlicensed action is three years. Contractual or quasi-contractual damage claim against ViaNet2 become time-barred after three years as well, unless the damage was caused by malicious action of an employee or assistant of ViaNet2.

§10 Contract termination, term of contract

10.1 ViaNet2 as well as a member may terminate the license agreement materialized by the registration without stating any reasons. This must, however, be done in written form at least 4 weeks before expiry of contract duration. The time limit is considered as abided if the contractual partner receives the written termination within this period. Verbal termination is considered ineffectual.

10.2 After effectual termination of membership, ViaNet2 will block the username and password after end of contractual duration and delete the member data.

§ 11 Applicable law, place of execution and legal venue

11.1 All legal and contractual relations between contractual partners are liable to law of Federal Republic of Germany, excluding United Nations Convention on Contracts for the international sale of goods, even if member’s office is not registered in the Federal Republic of Germany.

11.2 Place of execution is Schwetzingen. Contractual relationships, as well as privity of contract between ViaNet2 and a member or a partner are liable to German law. Place of jurisdiction is Schwetzingen, Federal Republic of Germany.

§ 12 Additional agreement

Side letters, requirements for written form

12.1 The agreement does not contain any side letters

12.2 Alterations or complements of this contract are valid only after a written agreement. This applies as well to this clause. If a strict written form is required (e.g. official documents or notarial verifications), it is to be kept.

§ 13 Final clause

If one of the contractual conditions is or becomes invalid or should the contract contain a loophole, the effectiveness of the other conditions will not be effected. The invalid condition or the loophole will be replaced by a similar regulation, that would have been choosen by both parties, if the invalidity of the condition had been known