General terms and conditions
1. The REAL ESTATE BRAND BOOK Verlag solely does business on the basis of these General Terms and Conditions. Agreements deviating from them must always be made in writing to be effective.
2. The REAL ESTATE BRAND BOOK Verlag handles its responsibilities in terms of a consulting service. In its treatment of a respective issue, the REAL ESTATE BRAND BOOK Verlag makes use of scientifically recognized methods in market research.
3. The REAL ESTATE BRAND BOOK Verlag fundamentally makes offers in the form of recommended studies or examinations. These offers reflect the issue, the examination process – methodology, scope of performance – and the fore- seeable time required and the fee. If the REAL ESTATE BRAND BOOK Verlag makes an offer that goes beyond the scope of a general recommendation, it shall notify the prospective recipient, before developing the recommended study, of the extent to which such developing requires special study documents (e.g. questionnaires, sample plans, documentation, etc.) and what the charged fee will be. It can charge the specified fee if the prospective client does not ob- ject despite appropriate notification and the granting of a reasonable deadline for making a decision. This shall not affect the copyright of the REAL ESTATE BRAND BOOK Verlag.
4. The fee specified in the offer fundamentally includes all the services that are to be rendered by the REAL ESTATE BRAND BOOK Verlag for the execution of an order in accordance with the recommended study; it includes the delivery of three copies of the report in German. For the client‘s special wishes, e.g. for the delivery of additional copies of the report, the presentation of results by the client and the development of preliminary and interim reports, the REAL ESTATE BRAND BOOK Verlag can charge a reasonable additional fee.
5. The content and scope of the order placed with the REAL ESTATE BRAND BOOK Verlag is governed solely by the written agreements made between the REAL ESTATE BRAND BOOK Verlag and the client. Changes to the volume of the order after the conclusion of the agreement must also be made explicitly in writing. If the client would like changes or additions and they result in additio- nal costs for the REAL ESTATE BRAND BOOK Verlag, the institute is authorized to adjust the fee accordingly. The same applies if additional costs are incurred due to other reasons for which the REAL ESTATE BRAND BOOK Verlag is not responsible.
6. The REAL ESTATE BRAND BOOK Verlag fundamentally does not grant exclusivity for specific product fields, objects of study or study methods. Excep- tions require an agreement in writing in which the term of exclusivity and the additionally calculated fee are set.
7. The agreed fee serves as the financing for the study project; for this reason, a prepayment is fundamentally required. If not agreed otherwise in writing, 50 % of the fees are due upon placement of the order and 50 % upon delivery of the results of the study. In addition to the agreed fees, the REAL ESTATE BRAND BOOK Verlag charges the statutory value added tax at its respective amount. Fees are to be paid immediately after the issuing of the invoice and without any deduction for payment.
8. Fundamentally, the client shall receive the study recommendations and the study reports solely for his own internal use. Publication of the content, also only in part, by the client requires prior consent in writing from the REAL ESTATE BRAND BOOK Verlag. The same applies to any other dissemination of information about or from the research work done by the European Real Estate Brand Institute to third parties (customers, suppliers, field workers, etc.) whether this involves its duplication or printing, storage and processing or distri- bution from information and documentation systems.
9. Property rights and copyrights to the study design and the material resulting from the execution of the order (study recommendation and reports, questi- onnaires, data carriers), etc. belong solely to the REAL ESTATE BRAND BOOK Verlag. The client‘s copyright to the documents that he prepared remains unaffected hereby.
10. The REAL ESTATE BRAND BOOK Verlag is obligated to treat all informati- on from the client as strictly confidential and to use it solely for the execution of the order. If possible due to the arrangement of the study, the client may agree with the REAL ESTATE BRAND BOOK Verlag that the study results are solely placed at his disposal, i.e. that he is assured the exclusivity of the results. This, too, however, does not affect the right of the REAL ESTATE BRAND BOOK Verlag to use the methodological and scientific findings from the study for its own purposes.
11. The client is authorized to view the original collection material at the offices of the REAL ESTATE BRAND BOOK Verlag. The anonymity of the informants, however, may not be violated. If measures that are required for the protection of anonymity result in costs, they must be borne by the client.
12. The REAL ESTATE BRAND BOOK Verlag, if not expressly agreed otherwise in writing, shall store collection material for one year and data carriers for the length of two years after delivery of the study report. The client may agree with the REAL ESTATE BRAND BOOK Verlag that a doubly anonymous dataset will be transferred in return for the charging of a special fee.
13. The REAL ESTATE BRAND BOOK Verlag will conduct and evaluate the ordered study with the required due diligence. The REAL ESTATE BRAND BOOK Verlag cannot, however, guarantee the achievement of certain study results or research goals. Complaints about the study, particularly its methodological arrangement and evaluation, may only be based on a culpable violation of the due diligence obligation to which the REAL ESTATE BRAND BOOK Verlag is subject. Findings that are first obtained in conducting the study may not justify any violation of the obligation to due diligence in the design of the study. If the REAL ESTATE BRAND BOOK Verlag culpably violates its due diligence obligati- on, it is obligated to rectify the defect. If rectification is not possible or cannot be completed by a subsequent reasonable deadline set by the client, the client may reduce the fee by a reasonable amount. Further claims for compensation of direct or indirect damage, irrespective of the kind, which the client incurs in connection with the examination conducted for him, are excluded if the REAL ESTATE BRAND BOOK Verlag has not acted with intent or in a grossly negligent way.
14. If examination results are not delivered on time due to reasons for which the REAL ESTATE BRAND BOOK Verlag is responsible, the client may set a reasonable subsequent deadline and withdraw from the agreement after its ex- piration to the extent that the services specified in the order have not yet been rendered. Further claims, particularly those based on compensation for damage due to delay are excluded if the REAL ESTATE BRAND BOOK Verlag did not act with intent or in a grossly negligent way.
15. The REAL ESTATE BRAND BOOK Verlag‘s compensation obligation for damage that is its responsibility, irrespective of the kind, is limited in each case by the total amount of the fee that was agreed for the related order.
16. The client is liable for all direct and indirect damage that is incurred by the REAL ESTATE BRAND BOOK Verlag or third parties from the application or use of products provided by the client; exempt is damage that the REAL ESTATE BRAND BOOK Verlag caused culpably.
17. The REAL ESTATE BRAND BOOK Verlag assumes that the client, like the REAL ESTATE BRAND BOOK Verlag itself, does not work with the technology of L. Ron Hubbard and is not a member of the International Association of Sci- entologists (IAS), not a member of the World Institute of Scientology Enterprises (WISE) and not a member of the Scientology Church. The REAL ESTATE BRAND BOOK Verlag also assumes that the client does not do business on behalf of other sects or political groups.
18. The place of performance and – if the client is a registered merchant, legal person under public law or a legal entity under public law or does not have a general place of jurisdiction in Germany – then also the place of jurisdiction is the headquarters of the REAL ESTATE BRAND BOOK Verlag in Berlin.
19. In the case of invalid provisions, the parties shall arrange a provision that comes as close as possible to the economic purpose and intent of the original provisions. Otherwise, the provisions in the General Terms and Conditions of the Contract for the Rendering of Services shall apply.