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General terms and conditions for the use of DTVP by bidders

GENERAL TERMS AND CONDITIONS FOR THE USE OF DTVP BY BIDDERS

 

§1 SCOPE OF APPLICATION

 

These terms and conditions apply to the contractual relationship between DTVP GmbH and the companies that use the services of the website http://www.dtvp.de (hereinafter referred to as 'users').

§ 2 FUNCTIONS OF GERMAN TENDER PLATFORM

DTVP GmbH operates a web-based portal, Deutsches Vergabeportal (hereinafter referred to as "DTVP" or "platform") on the Internet at http://www.dtvp.de and the affiliated platforms (rlp.vergabekommunal at http://rlp.vergabekommunal.de, vergabe.Niedersachsen at https://vergabe.niedersachsen.de, vergabe.ihk at https://vergabe.ihk.de, vergabe.tk at https://vergabe.tk.de/Satellite, Vergabeportal BW at https://vergabeportal-bw.de and ausschreibungen.giz at https://ausschreibungen.giz.de). DTVP GmbH publishes and provides electronic support for public procurement procedures of public and private clients (contracting entities) on this platform (e-Procurement). In addition, other electronic services are offered and related services provided.

1. Contracting entities may publish all or part of their tenders through the DTVP platform. The contracting entities also have the opportunity to carry out their procurement procedures via DTVP, i.e. also to provide further information on the procedure electronically, or to electronically communicate with bidders via the so-called virtual project space provided within DTVP.
2. In DTVP, users can obtain information about public tenders and, after successful registration, they can participate in the tendering process advertised on the platform to the extent that the contracting authorities electronically handle their procurement procedures via DTVP.

§ 3 ESTABLISHING A CONTRACT

1. The completion of the registration by the user creates a contract for the use of DTVP between the user and the DTVP GmbH. Upon completion of the registration, user charges shall apply in accordance with the current version of the schedule of services and prices. After successful registration, users will receive their login details for the platform by email.
2. If users provide incorrect or incomplete details, DTVP GmbH is entitled to refuse access to virtual project rooms and to immediately terminate the contract and delete the details of the company and its users from the platform’s system. DTVP GmbH reserves the right to check the information provided in the registration form at any stage.
3. DTVP GmbH is entitled to change these General Terms and Conditions, the services provided on the platform and the associated fees at any time. Where changes are made to the General Terms and Conditions, services or fees, DTVP will expressly provide notification of the changes by email or electronically as part of the agreed service and advise users that they may object to the changes in writing within four weeks. If no objection is received by the specified deadline, the contractual relationship will continue under the amended conditions. If a user objects to the changes by the specified deadline, DTVP GmbH is entitled to terminate the contract with immediate effect.

§ 4 USE OF DTVP

1. Users are entitled to use the services offered by DTVP for the duration of the contractual relationship but solely in order to obtain information for themselves or to participate in contract award procedures.
2. With the exception of the rights set out in paragraph 1 above, users acquire no further rights to the DTVP or any other services offered. DTVP GmbH reserves all copyright, name, trademark and other property rights Users are entitled to use the software provided on the DTVP to participate in award procedures. Beyond this entitlement, they acquire no further rights to the software provided.

§5 DURATION OF THE CONTRACT AND CANCELLATION

1. The contract starts on completion of the registration process and remains in force thereafter for an indefinite period.
2. The contract may be cancelled at any stage in writing four weeks in advance to the end of the month, either by DTVP GmbH or by the user.
3. Notice of cancellation must be in writing.

§6 PAYMENT

1. The schedule of prices is available here.
2. The customer will receive an invoice over one year in advance at the end of the free trial period of 30 days.
3. Unless otherwise stated on the invoice, the invoice amount is payable within eight days of receipt of the invoice without discount or other deductions. All payments must include the full invoice number. These, as well as the bank details, can be found on the invoice.

§7 COMMUNICATION VIA THE PROJECT ROOM

Throughout each award procedure, a ‘virtual project room’ is used to accept electronic declarations on the DTVP. Under this agreement, users agree that further communication between themselves and DTVP as the contracting authority may occur electronically via this project room. The system automatically sends an email to the email address provided by a user as soon as a new message arrives in their user account or in the relevant project room on the DTVP. Users are responsible for providing a correct email address. Declarations and messages from the contracting authority are deemed to have been received as soon as information has been provided in the project room.

§8 OBLIGATIONS OF USERS

1. Users are obliged to ensure that any changes to their user data are updated on the DTP. The user data can be managed in the user area under 'User Data'. Users can correct their own data in the ‘Administration’ area of the relevant company account.
2. Users agree to receive information on changes to user and other functions along with other news about the DTVP by email at the address entered on registration.
3. Users shall refrain from any misuse of their authorisation to access the DTVP. Authorised users may use search results and any tender documents they have requested solely for internal purposes. The transfer of search results and tender documents to third parties in any form is not permitted. If a user fails to comply with the above-mentioned obligations, DTVP GmbH is entitled to immediately block access to the system and to exclude the user from participating in electronic award procedures via the DTVP.
4. Users are responsible for ensuring that their systems meet the technical requirements for accessing the platform.
5. Users must ensure that their access data (user IDs, passwords) remain secret and protect them from misuse.
6. If users encounter a malfunction of DTVP that interferes with the tender process, they are responsible for notifying DTVP GmbH without delay so that appropriate measures can be taken to remedy the problem. As a rule, the support contact details named on DTVP are to be used for this purpose.

The notification to the DTVP GmbH does not release users from the possibly existing obligation vis-à-vis a contracting authority, in particular in the case of imminent deadline.

§9 SERVICE DISRUPTIONS AND LIABILITY

1. The DTVP GmbH aims to ensure a minimum monthly availability of at least 99% during normal business hours (Monday to Friday between 06:00 and 20:00). DTVP is generally available 24 hours a day, 7 days a week. The systems and servers used undergo routine maintenance, and adequate back-up measures are in place. However, no guarantee is assumed for the availability or accessibility of the DVTP or for its availability around the clock or at specific times.
Due to the structure of the internet, DTVP GmbH has no influence in particular on the electronic transfer of data and is not liable for the uninterrupted availability, reliability or quality of telecommunication networks, data networks or third-party technical equipment. Users should back up any data they transfer using the platform.

DTVP GmbH cannot be held responsible for any disruptions due to force majeure.

2. DTVP GmbH may block or limit access to the platform if DTVP or its it systems are technically overloaded, or if the service is disrupted, or if either of these scenarios is imminent. In the event of such a scenario, DTVP GmbH will make every effort to restore DTVP to its full operational capacity as soon as possible.

§ 10 DATA PROCESSING

Users should note that DTVP GmbH stores personal and usage-related data in machine-readable form and collects, processes and uses these data in line with the designated purpose of the contractual relationship. All personal data are treated as strictly confidential.

§11 CONFIDENTIALITY

DTVP GmbH undertakes to treat as confidential all information of which it becomes aware within the framework of this contractual relationship and which users have marked as confidential, and not to make it available to third parties, unless this is necessary in order to provide and process the services offered on the platform.

§12 LIABILITY

1. With the exception of damage resulting from injury to life, body or health or relating to guarantees, DTVP GmbH accepts no liability for breaches of contractual obligations caused by ordinary negligence.
2. This does not affect DTVP GmbH’s liability for breaches of obligations whose fulfilment is essential to the proper implementation of the contract and on the observance of which the other party is regularly entitled to rely (primary obligations), in which case liability is limited to compensation for typically foreseeable losses. The above disclaimer applies mutatis mutandis for the legal representatives, staff and other agents of DTVP GmbH.
DTVP is liable for any property and financial damage for which it is responsible up to an amount of EUR 5,000 per loss and only to the extent that its public liability insurance policy covers the corresponding loss. DTVP is not liable for consequential damage, production losses, operational disruptions and lost profit or the loss of information and data.
4. DTVP GmbH shall not assume any liability for the completeness and correctness of information it is given.
5. If users to comply with his duty under § 8 (6) or fail to do so in due time and DTVP GmbH was unable to take appropriate measures to remedy the incident, liability for the resulting damage is excluded.
6. DTVP GmbH assumes no liability for damages that arise in accordance with § 9 number 1 due to lack of availability or lack of accessibility of the DTVP within the scope of 1% and thus outside the minimum availability. This applies in particular to scheduled maintenance work or in cases of force majeure.

§13 OTHER PROVISIONS

1. DTVP may be used solely in accordance with the applicable laws of the Federal Republic of Germany
2. This contract is governed solely by the laws of the Federal Republic of Germany.
3. 3.    If the user is a merchant or a legal entity or special fund under public law, the place of performance and place of jurisdiction for both contractual parties is Cologne.
4. Any deviating or contradictory general terms and conditions of the user shall not apply. This also applies in cases where DTVP GmbH does not expressly object to the user’s terms and conditions.
5. If any of the provisions of these general terms and conditions proves to be wholly or partly invalid, the remaining provisions shall remain unaffected. In such cases, the invalid provision shall be replaced by a valid provision that corresponds as closely as possible to the meaning and purpose of the provision being replaced.

The respective general terms and conditions apply to participation in procurement procedures via the affiliated procurement platforms of the Deutschen Gesellschaft für Internationale Zusammenarbeit (GIZ) at https://ausschreibungen.giz.de and the Techniker Krankenkasse (TK) at https://vergabe.tk.de/SatelliteAGB GIZ Vergabemarktplatz and ABG TK Vergabeprotal.


As of: February 2019