General Terms and Conditions
§ 1 Scope
These General Terms and Conditions (hereinafter “Terms”) apply to all contracts between Philipp Dylka, sole proprietorship, Lokstedter Weg 39, 20251 Hamburg (hereinafter “Provider”) and its customers (hereinafter “Customer”) regarding the use of the TenderScope service provided at tender-scope.de. The offering is aimed exclusively at entrepreneurs within the meaning of § 14 BGB (German Civil Code).
§ 2 Description of services
TenderScope is a software-based service that aggregates public tenders from various procurement platforms in the DACH region and scores and prepares them using automated procedures based on the profile stored by the Customer. The Provider owes the provision of the platform, not the success of a bid submission or the award of a contract. The information presented is obtained from external sources; no warranty is given for its completeness, accuracy or currency.
§ 3 Conclusion of contract
The presentation of the services on the website does not constitute a binding offer. The contract is concluded when the Provider confirms the registration or order, or when access is activated.
§ 4 Prices and payment terms
The prices stated on the website at the time the contract is concluded apply. Use takes place within the framework of a monthly subscription that is billed in advance. New customers can use the service for a free trial period of 14 days; a payment obligation only arises after the trial period ends, provided the contract has not been terminated beforehand. Unless otherwise stated, all prices are exclusive of statutory value added tax.
§ 5 Term and termination
The contract runs for an indefinite period and is renewed for a further billing month at a time. The Customer can terminate the subscription at any time with effect from the end of the current billing period; there is no minimum contract term. Termination is possible at any time during the free trial period. The right to extraordinary termination for good cause remains unaffected.
§ 6 Customer obligations
The Customer is obliged to keep their access credentials secret and to protect them from access by third parties. The Customer ensures that the information they store is accurate. Passing on access to third parties is not permitted without the Provider's prior consent.
§ 7 Availability
The Provider endeavours to keep the service available as much as possible but does not owe uninterrupted availability. Maintenance work, force majeure and disruptions outside the Provider's control may temporarily limit availability.
§ 8 Liability
The Provider is liable without limitation for intent and gross negligence, as well as for damages arising from injury to life, body or health. In the case of simple negligence, the Provider is liable only for the breach of a material contractual obligation (cardinal obligation) and limited to the foreseeable damage typical for the contract. Otherwise, liability is excluded. Liability for the economic success of using the service is excluded.
§ 9 Final provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the Customer is a merchant, the place of jurisdiction is the Provider's registered office. Should individual provisions of these Terms be invalid, the validity of the remaining provisions remains unaffected.