1. General Terms of Service
1.1 DAA Deutsche Auftragsagentur GmbH ("DAA") provides an online source to connect potential customers and suppliers, including but not limited to solar energy or roofing services. The DAA provides the technology and information on its websites but does not explicitly sell any products or provide any installation services or act as an agent of sale or an agent of any merchant or provider of products or services. The DAA does not have and will not assume any responsibility for, or liability related to, any products and services listed on any DAA website (“DAA websites”). In case of a contract formation between a consumer and a merchant partner the DAA is not a party to any agreement. The merchant partner is solely responsible for services and execution of any contracts with customers. The DAA is not liable if no successful referral or contact between a merchant partner and a customer takes place. Further the DAA is not liable for breaches of duties of merchant partners and/or customers. In case of questions, complaints, or claims related to any product or service, contact the vendor directly.
1.2 The following are terms of a legal agreement ("agreement") between you and the DAA. By accessing, browsing, submitting content, and any other use of the DAA websites, you acknowledge that you have read, understood, and agreed to be bound by these terms and conditions, and to comply with all applicable laws and regulations. With the request of a registration for the internal company section on the DAA websites, the registering natural or legal person (the "merchant partner” or "vendor”) agrees to the following terms that apply, explicit but not limited, to the company section of each of the particular DAA websites and every other website of the DAA. All users of the DAA websites, including, but not limited to, vendors or merchant partners, who request an account are subject to the following terms of service.
1.3 If you do not agree to all of these terms and conditions, you may not access, browse, and/or use the DAA websites. The materials provided on the DAA websites are protected by law, including, but not limited to, European copyright law and international treaties.
1.4 These terms and conditions outline the responsibilities and rights of the merchant partner, user, and the DAA and are binding for every website operated by the DAA. Further, the merchant partner or user attest by agreeing to these terms of service that he is entitled to make this agreement as authorized representative of the merchant partner or user.
1.5 These terms of access apply to your access to and use of the DAA websites and do not alter in any way the terms and conditions of any other agreement you may have with the DAA for products, software, services or otherwise, unless otherwise directed by the DAA. If you breach any of these terms and conditions, your authorization to use the DAA websites automatically terminates and you must immediately destroy any downloaded or printed materials and discontinue use of any hyperlinks to the particular website.
2. Site Use Guidelines
2.1 The websites of the DAA act as an online source for residential and commercial customers seeking qualified solar installers and vendors (or other professionals and services) to find and transact with certain third-party installers / contractors and vendors who have registered with and paid a fee to the DAA.
2.2 For merchant partners, the listing and registration in the business directory is free of charge according to the information provided in the registration procedure, especially regarding the claimed branch and catchment area after an approval by the DAA. There is no claim for merchant partners to get listed on one of the DAA websites.
2.3 The DAA provides the option of certain profile settings and a featured profile position of the merchant partner in the business directory. Furthermore the DAA offers possibilities for advertisement for DAA merchant partners. For more information send a request to email@example.com. These services require special contracts and are not free of charge.
2.4 In the internal company section, the DAA provides customer referrals, which can be accepted or declined by registered merchant partners. With the acceptance of a provided customer referral, the merchant partner agrees to pay a referral fee for that particular customer contact.
2.5 In the internal company section of the DAA website, the DAA provides project information based on leads for projects. The projects have been requested by customers through a DAA Website and prior to publication the projects have been approved by the DAA. Registered merchant partners who are interested in accepting this referral service must do so according to the following terms:
2.5.1 As soon as a customer lead is received through a DAA website and the publication has been approved by the DAA, every registered merchant partner, whose area and subsection matches the lead, receives an automatic notification from the DAA. With the registration, the merchant partner agrees to the transmission of automatic notifications from the DAA. This information service is free of charge for the merchant partner.
2.5.2 In every case the automatic notification from the DAA is an invitation for the merchant partner to accept the customer referral. With the acceptance of the customer referral the merchant partner accepts the fee that the DAA charges. The fee will be mentioned in the notification. After the purchase of a customer referral, the merchant partner can contact the customer and make an offer.
2.5.3 The offer of the merchant partner and all notification details and conditions are binding when the button "Establish Contact” in the internal company section of the DAA is used.
2.6 The DAA will accept the first four registered merchant partners who want to establish the contact. If the customer specified a differing number of preferred offers, it will be notified in the automatic notification, mentioned above, and the DAA will accept a maximum of offers analogous to the specified number by the customer. The acceptance of the offers made by merchant partners occurs through sending the corresponding project and personal customer details by the DAA.
2.7 In order to establish connection to a customer and pay the referral fee, the merchant partner has to make a deposit in his DAA account. DAA provides different payment options listed on the deposit page in the internal company section.
2.8 Any usage, permanent electronic or paper wise storage of information provided on the DAA websites is forbidden. If a merchant partner wants to use information from a DAA website an explicit previous allowance from the DAA is required.
2.9 The account of the merchant partner is for business purposes of that specific merchant partner only. The provision of the website and the internal company section by the DAA and the use of these software by the merchant partner does not legalize the merchant partner or anyone else to modify, translate, reverse engineer, decompile, disassemble or create derivative works based on the services, source code, object code, underlying structure, ideas, algorithms or the software.
2.10 In accepting these terms, the merchant partner accepts that it is technically not realizable to provide a 100% uptime of the websites. The merchant partner has no claim for an availability of the website or the internal company section at any time. The DAA will make permanent efforts to realize a constant availability.
3. Account Terms
3.1 The merchant partner must register in the internal company section before receiving any services by the DAA.
3.2 As part of the registration process, the merchant partner must provide the DAA with certain registration information, all of which must be accurate and up to date. The merchant partner may not select or use a name or any information of another person with the intent to impersonate that person. Failure to provide any requested information may delay or prevent the creation of an account.
3.3 With his registration, the user or merchant partner assures that his general use, as well as his use of services available on the DAA websites, do not violate any applicable law or regulation and that he is 18 years of age or older. Failure to comply with the foregoing shall constitute a breach of this agreement, which may result in immediate termination of his account. He shall be responsible for maintaining the confidentiality of his password.
3.4 As part of the registration process, the merchant partner will select a password. The merchant partner is responsible for maintaining the security of the password. The DAA will not pass the password to any third party. The DAA is not liable for any loss that the Merchant Company may suffer through the use of the password by others and agrees to notify the DAA immediately of any unauthorized use of the account or of any other breach of security known with respect to the DAA websites or their account. The merchant partner agrees to report any violations of this agreement by others to the DAA.
3.5 A merchant partner is not allowed to register one company more than once on the DAA websites. If a merchant partner wants to be located at more than one website and is interested in being listed more than once please send a request to firstname.lastname@example.org. This service will be charged.
3.6 The registration of the complete company data of a merchant partner is his offer for a contract between the Merchant Company and the DAA that contains the free use of the services provided by the DAA, according to Term 2. The DAA accepts the offer with the activation of the merchant partners account and can withdraw the allowance at any time.
3.7 The DAA does not warrant that customers on a DAA website are the persons that they claim to be. The DAA does not assume any liability for the actual identity of customers and the leads made by customers. Each merchant partner is responsible for inquiring about the identity of a customer.
3.8 The merchant partner is obligated to contact the customer within one working day via telephone, as announced in the notification provided by the DAA after a successful purchase of a customer lead. If the merchant partner fails to do so the merchant partner has no rights according to Term 3.9
3.9 The merchant partner has the right to cancel an established contact, according to Term 2.5, if at least one of the following cases apply:
3.9.1 The referred customer information is verifiably false, and the merchant partner learned of this within a period of one week after the submission by the DAA.
3.9.2 The real economic value of the project is significantly lower than the information provided by the customer in the contact request, and the merchant partner learned of this within one week after the submission by the DAA.
3.9.3 The project owner already assigned the project to a third party merchant or the project owner decided not to advertise the project anymore. The merchant partner learned of this within a period of one working day after the submission by the DAA. (The one working day period is made in consideration of the fact that customers may assign the project very quickly.)
4. Use Restrictions
4.1 The users and merchant partners acknowledge and agree that any and all DAA or vendor names and logos related to the account and the DAA or vendor and all related product and service names, design marks and slogans, are the property of the DAA, the vendor or their affiliates or suppliers, as the case may be (collectively, the "marks"). By agreeing to these terms of service, the users agree not to use any of the marks in any advertising, publicity or any other commercial manner without the prior written consent of the DAA or the applicable vendor. The users have no title or ownership in the account, the Software or the marks (other than their own mark) and no other rights in the account, the Software, or the marks. All ownership rights remain with the DAA, the vendor, or their third party suppliers, as the case may be. The users agree to comply with all intellectual property laws and shall not encumber any interest in, or assert any rights to, the marks (other than their own). The user may not reverse engineer, reverse assemble, decompile or disassemble, reproduce, modify, transmit, participate in the sale or transfer of, or create derivative works based on any marks, in whole or in part.
4.2 The DAA does not warrant that products or descriptions, or any other content of the Site is accurate, complete, reliable, current, or error-free. Site content is provided for informational purposes only and the DAA shall have no liability for inaccuracy or incompleteness in product or service content, user ratings or commentary, or other content on the Site. The DAA is not responsible or liable for any products, services, information or other materials displayed, purchased, or obtained by the user from the Site. The DAA does not endorse, warrant or guarantee the products or services of any vendor, including, without limitations, any prices, products and product warranties, programs, installation services, or other information posted by vendors.
4.3 The DAA may, but has no obligation to, remove content and accounts containing, especially but not limited to, content that it determines in its sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or violates any intellectual property rights or these terms of service.
4.4 The DAA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the accounts (or any part thereof) with or without notice.
4.5 Copying, downloading, distributing, publishing and storing content of the DAA, with the exception of temporary intermediate storage during the visit of the website, is not permitted without express permission from the DAA.
5.1 The DAA, in its sole discretion, has the right to suspend or terminate any merchant partner’s account and refuse any and all current or future use of the account, or any other service of the Company, at any time for any reason, including, but not limited to, violation of these terms of service. Such a termination of a merchant partner’s account will result in the forfeiture and relinquishment of all content in said account.
5.2 The merchant partner has the right to terminate the registration for the services of the DAA at any time for any reason in accordance with these terms of service. This is explicitly not applicable for other contractual agreements between merchant partners and the DAA, including, but not limited to, cooperation contracts and contracts that govern charged services. Merchant partners may cancel their accounts in the internal company section in the company settings.
6. DISCLAIMER OF WARRANTY
THIS SITE, INCLUDING ALL SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION, IS PROVIDED "AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE DAA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, MERCHANTABILITY OF COMPUTER PROGRAMS, DATA ACCURACY, SYSTEM INTEGRATION, AND INFORMATIONAL CONTENT. THE DAA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE OPERATION OF THIS SITE, THE USE, VALIDITY, ACCURACY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE OR ANY OTHER SITES LINKED TO THIS SITE. THE MATERIALS OF THIS SITE MAY BE OUT OF DATE, AND THE DAA MAKES NO COMMITMENT TO UPDATE THE MATERIALS AT THIS SITE. THE DAA DOES NOT AND CANNOT GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THIS SITE, IF ANY, WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. THE DAA DOES NOT WARRANT THAT THIS SITE, SOFTWARE, MATERIALS, PRODUCTS, OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THIS SITE, SOFTWARE, MATERIALS, PRODUCTS, OR SERVICES WILL BE CORRECTED.
7. DAA Customer Service
7.1 The merchant partner can submit questions and explanations about his contract with the DAA or services provided by the DAA via email, fax, or post, unless these terms of service provide other instruction. The merchant partner takes the contact details from the contact page available on the DAA websites.
7.2 Claims of Intellectual Property Violations: If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you may notify the DAA via email.
8. LIMITATION OF LIABILITY
IN NO EVENT WILL THE DAA, ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED AT OR IN THIS SITE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF RELATING TO THE USE, INABILITY TO USE, OR RESULTING FROM THE USE OF THIS SITE, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF THE TRANSMISSIONS OF DATA, ANY WEB SITES LINKED TO THIS SITE, THE MATERIALS, SOFTWARE OR OTHER INFORMATION CONTAINED IN ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACTS, STATUTES, REGULATIONS, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF THE USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to indemnify and hold the DAA, its subsidiaries, affiliates, officers and employees, and service providers harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your use of the Site, the violation of this agreement by you, or the infringement by you, or other user of the Site using your computer, of any intellectual property or other right of any person or entity. The DAA assumes no responsibility or liability whatsoever for such content or actions that is deemed offensive, false, harmful, or deceptive.
The DAA Deutsche Auftragsagentur GmbH is committed to the protection of the privacy of your personal information. The DAA shall collect, process, and use your Personal Data in accordance with the laws and statutes on data protection of the Federal Republic of Germany and the European Union.
11. Applicable Laws and Miscellaneous
11.1 This agreement may be assigned in whole or in part by the DAA. This agreement may not be assigned in any manner by you without the express, prior written permission of the DAA. This agreement shall be governed by and construed in accordance with the German Law excluding the Private International Law and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
11.2 You hereby irrevocably waive any and all right to trial by jury in any legal proceeding arising out of or relating to this agreement or the activities contemplated by this agreement.
11.3 Should particular provisions of these Terms and Conditions be or become ineffective, other provisions will in no case lose their effectiveness. The contractual partners are obliged to replace an ineffective provision with an effective one which contains the intended purpose. This also applies to contractual gaps.
11.4 Place of fulfillment is the location of the DAA. Place of jurisdiction is, if legally admissible, the location of the DAA.
12. Revisions to this agreement
12.1 The DAA reserves the right at any time and from time to time to update and change these terms of service, except in the case that this would have unsuitable effects for the merchant partner. In no case will additional costs for the merchant partner occur.
12.2 The DAA will notify companies of changes to these terms of service. If the merchant partner does not refute the validity of the new terms of service within two weeks after the notification, continued use of an account shall constitute consent to such changes. The DAA will notify the merchant partner about his right of objection and the signification of the objection period.
12.3 Unless otherwise agreed, the merchant partner can submit all notices by email or post to the DAA. The DAA may send notices to the merchant partner by email, fax, or post to the address the merchant partner specified in his registration on the DAA website.
12.4 If any term or regulation of these terms of service are or become invalid, the remaining terms of service are still valid and do not become affected. The contracting parties pledge themselves to replace any invalid term or provision with a valid term or provision with which its commercial purpose is as close as possible to the commercial purpose of the original invalid term or provision. The same shall apply to lacunae.
12.5 Advanced payments will be proportionally refunded if charged services are not fulfilled by the DAA. In no case will additional costs for the merchant partner accrue.