Terms and conditions

/Terms and conditions
Terms and conditions 2020-01-14T10:01:07+01:00

“Terms of use” mapservices area WebCADdy

Wenninger Geoinformatik (Ing. Büro für Geoinformatik Dipl. Ing. Helmut Wenninger) offers its customers a hosting service that offers the possibility of displaying, thematically and visualizing their own information on a selectable map base. A monthly hosting fee is charged for developing the necessary software and providing the infrastructure (web server and web space). The prices are calculated from the number of properties used or flat fees. The flat fee prices apply to monthly usage and are collected via a payment service (e.g. PayPal). Set data always remain the property of the customer. The service can be canceled on a monthly basis.

Service providers who represent the interests of WebCADdy for certain regions or industries act as independent merchants and charge their services directly to their customers. As soon as you have been confirmed as an intermediary by Wenninger (WebCADdy intermediary status), you will be provisioned according to your status. For the status "intermediary", proof as an IT service provider or geoinformatics service provider must be provided. The amount of the discount depends on the commitment. An exclusivity will not be granted. However, customer protection is granted for a reasonable transitional period (12 months). In the event of outstanding payments, Wenninger reserves the right to provide direct customer support.

Wenninger assumes no guarantee for the background maps used, these are always subject to the respective license terms of the owner. Usually the open street map and the common license, which allows free use. Other data such as google maps, bingmaps or data from third parties (also official data) are subject to the regulations of the respective owner. If the customer enters his own data in the portal, he can define his own license terms under "Map properties" and display them via a link.

All data and passwords for controlled access are subject to German data protection law. Wenninger cannot access the passwords. All customer GEO data can only be viewed by the customer and his authorized access person or the Wenningen chief administrator and chief developer, unless the customer releases them directly for processing by external clerks.

Jurisdiction in case of dispute is Munich. For all topics not covered by the terms of use, the general terms and conditions apply.


Terms of use mapservices section WebGIS

Wenninger Geoinformatik (Ing. Büro für Geoinformatik Dipl. Ing. Helmut Wenninger) offers its customers a hosting service that offers the possibility of displaying, thematically and visualizing their own information on a selectable map base. A monthly hosting fee is charged for developing the necessary software and providing the infrastructure (web server and web space). The prices are calculated from the functionality booked, the required background maps and the required web space and are displayed immediately. The prices apply to monthly usage and are collected after the free trial period (30 days) via a payment service (e.g. PayPal). The service can be canceled directly in the portal or via email within the 30-day test period. After the trial period, the service will continue to run for at least one year and can then be canceled on a monthly basis.

Service providers who create, maintain and possibly even further develop a portal on behalf of customers act as independent merchants and charge their services directly to their customers. As soon as you have been confirmed as an agent by Wenninger (agent status), you will be given a discount according to your status. For the status "intermediary", proof as an IT service provider or geoinformatics service provider must be provided. The amount of the discount depends on the commitment. Exclusivity can only be granted in special cases (with special developments), since the configurator is publicly accessible. However, customer protection is granted for a reasonable transitional period (24 months). In the event of outstanding payments, Wenninger reserves the right to provide direct customer support. If additional services are due, such as surveying and data acquisition, aerial photography or special programming, these will be calculated using special price lists or corresponding offers.

Wenninger assumes no guarantee for the background maps used, these are always subject to the respective license terms of the owner. Usually the open street map and the common license, which allows free use. Other data such as google maps, bingmaps or data from third parties (also official data) are subject to the regulations of the respective owner. If the customer enters his own data in the portal, he can define his own license terms under "Map properties" and display them via a link.

All data and passwords for controlled access are subject to German data protection law. Wenninger cannot access the passwords. All customer GEO data can only be viewed by the customer and his authorized access person or the Wenningen chief administrator and chief developer, unless the customer releases them directly for processing by external clerks.

Jurisdiction in case of dispute is Munich. For all topics not covered by the terms of use, the general terms and conditions apply.


Terms and Conditions (GTC)

1. Recognition of delivery and license conditions

Contracts for deliveries and work are concluded exclusively on the basis of the following conditions. They are recognized by placing an order or accepting the delivery or for deliveries. Deviating conditions of the customer, which we do not expressly recognize in writing, are non-binding for us in any case, even if we do not expressly contradict them. All verbal, telegraphic or telephone agreements require our written confirmation to be binding.

2. Offer and order
Our offers and services are subject to change in terms of price, delivery and delivery times. Correct and timely delivery is reserved in any case. The validity of the offer is 4 weeks unless explicitly agreed otherwise in the offer.

3. Patent and copyrights, license terms
We reserve the right of ownership and copyright to maps, data, drawings, drafts, descriptions and the source codes of the entire software and similar documents including internet publications and visualizations. They may not be made accessible to third parties without our written consent. Copying, redistribution and digitization of geodata in software products and web mapping services is also prohibited without our express consent. Printing, use and further use in your own services as well as products obtained in the download process, in particular data and software, is generally only permitted in accordance with the licensing and fee regulations and the settlement of the invoice due. All data and services used in your own products must be provided with a reference to the copyright of Wenninger or its suppliers, e.g. “copyright Ing.Büro Wenninger, CADdy Geomatics GmbH etc. If the use of our data results in the violation of any protective, patent or copyright rights of third parties, we cannot be held liable for this. For projects that are published in the geoportals WebCADdy and WebGIS or where their technology is used, the respective “Terms of Use” also apply.

4. user fees
For all products, no matter whether devices, data and services charges are charged according to the current price lists. The price lists are part of the order.

5, Deliveries and delivery times
All delivery times given by us are considered as approximate.
The delivery period begins with the date of issue of the confirmation and is adhered to if the goods, service or service has been handed over by the end of the delivery period or if the goods are ready for dispatch. In no case will exceeding of the delivery periods justify claims for damages or a right of withdrawal from the contract.

5. Shipping of goods, cards and data
Shipping usually takes place from the registered office of our company. For data and software products can also be distributed via the Internet. All shipments, including any returns, are for the account and risk of the purchaser, unless otherwise agreed in writing. The risk passes to the purchaser as soon as the goods leave the factory / warehouse / server. If the dispatch or delivery is delayed at the request of the purchaser, the risk shall pass to the purchaser already from the day of readiness for shipment. Freight, packaging and insurance costs as well as any storage costs shall be borne by the purchaser. For breakage, damage or loss of the goods on the transport route, including the Internet, is not liable if the customer refuses to pay the invoiced transport costs.

6. Prices and payment
Our prices are net from the registered office of our company. Invoicing usually takes place with delivery of the goods.

Payment due dates:
After written agreement or according to order confirmation / delivery note.
For software and deliveries, 2 will be granted% cash discount if paid within 8 days, unless otherwise agreed.
Services / repairs immediately net without deduction.
Orders for which fixed prices are not expressly agreed will be charged at the list prices valid on the day of delivery.
The set-off or withholding of payments due to any counterclaims is not permitted. If the agreed payment period is exceeded, we charge default interest of 1,25% per month.
If, due to circumstances for which we are not responsible, finished equipment or systems can not be delivered or put into service, the payment must be made as if delivery or commissioning had taken place at the scheduled time. Invoices for commissioning are to be paid after delivery net cash or can be collected by cash on delivery.
The repayment of the payment due to complaint or counterclaims of the customer and the offsetting are excluded in any case.

7. Retention of Title
The goods remain our property until full payment or until the fulfillment of all our claims against the customer. When processing the delivered goods, we become the owner of the newly manufactured items. The buyer may only resell the delivered goods or the items resulting from their processing in the ordinary course of business. He assigns the claims resulting from the resale or for any other legal reason to us as security. He is authorized to collect the assigned claims as long as he fulfills his obligation to pay us in accordance with the contract.
Any access by third parties to the goods subject to retention of title or to claims assigned in advance must be reported to the customer without undue delay, handing over the documents required for intervention. Any intervention costs shall be borne by the purchaser.

8. Warranty and liability
Complaints for deliveries of any kind must be made in writing without delay, at the latest within 10 days after receipt of the goods. Our warranty is limited to the choice of us for the replacement of the defective item or the remuneration of the invoice value of the not replaced or used object or service. Complaints about services and services, especially for web services, can be made due to the different technologies in browsers and with providers and are pursued as far as technically feasible by us. Claims for damages and the right of availability can not be guaranteed. Costs of any kind, for example for damages resulting from false or incorrect forecasts, card contents or damages directly or indirectly attributable to the statements supplied by us are excluded. In the case of equipment warranties, we assign all manufacturer's warranties to the customer. Any warranty on our part is void in such cases, if the manufacturer does not meet his warranty obligations.

9. resignation
The customer is only entitled to withdraw from the contract within the scope of the statutory provisions. If we for any reason withdraw from the contract, no claims for damages can be asserted against us.

10. Additional agreements, partial effectiveness
Verbal agreements are not valid. This also applies to the waiver of written form.
If the above terms and conditions are partially ineffective, then both the contract and the terms and conditions remain in effect.

11. Jurisdiction and place of fulfillment
The place of performance for all obligations arising from the contractual relationship is the respective registered office of our company.
The place of jurisdiction for all legal disputes arising from the contractual relationship as well as its occurrence and effectiveness is also the registered office of our company.
The entire contractual relationship is subject to the law of the Federal Republic of Germany.

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