User Agreement
 

with HIW Hamburg Invest Wirtschaftsförderungsgesellschaft for the Hamburg real estate service/real estate portal

We welcome you to our website and appreciate your interest in our services.

The placement of offers requires the conclusion of a user agreement.


HIW Hamburg Invest Wirtschaftsförderungsgesellschaft mbH
Wexstrasse 7
20355 Hamburg 
Germany
Phone: +49 40 22 70 19 - 63
Email: info@invest-immobilien.hamburg
Web: www.invest-immobilien.hamburg

§ 1 Object of the contract

Hamburg Invest offers commercial and private real estate providers the Hamburg real estate portal on the internet at www.invest-immobilien.hamburg – a platform for promoting commercial real estate offers. Interested parties can access providers’ advertised objects via the internet and contact them.

The object of the contract is the provider’s use of Hamburg Invest’s real estate portal.

§ 2 Hamburg Invest services

2.1 Hamburg Invest developed the Hamburg Real Estate Database (hereinafter referred to as the “Hamburg real estate portal”) as a showcase of Hamburg’s real estate market and makes it available on the internet at www.invest-immobilien.hamburg.

Hamburg Invest makes it easier for companies to look for a suitable commercial or industrial property for setting up business, expansion, or relocation. It is also thereby one of the conditions necessary to allow Hamburg companies to grow and others to set up business in Hamburg   

2.2 Hamburg Invest gives providers access to an interface that enables the placement of third-party real estate offers on the Hamburg real estate portal (hereinafter referred to as the “interface”). Real estate offers can only be added to the Hamburg real estate portal if the provider is in possession of a corresponding real estate interface (OpenImmo e.V. – www.openimmo.de).

Hamburg Invest does not guarantee the compatibility of the interface with the provider’s system. The providers are responsible for verifying the compatibility of the interface and their own system. Should third-party services be necessary to connect the provider’s system to the Hamburg real estate portal via the interface, it is the responsibility of the provider to commission these services and bear the related costs. Hamburg Invest will provide the provider with a documentation of the interface.

2.3 The OpenImmo (OpenImmo e.V. – www.openimmo.de) real estate interface will be used to secure a smooth data exchange of real estate offers. For this purpose, Hamburg Invest will give providers an FTP account. The providers can then use OpenImmo to upload the data in XML format to the server.

Hamburg Invest may display real estate offers transmitted by the provider via the interface referred to in § 2, section 2.2, or display selected parts of it in the Hamburg real estate portal.

Providers have no claims regarding the display of real estate offers in the Hamburg real estate portal.

2.4 The purpose of the Hamburg real esate portal is to provide potential interested parties with the most comprehensive range of commercial properties and spaces available in Hamburg. Providers are aware that their offers are not presented exclusively on the Hamburg real estate portal, but are shown alongside offers from other providers of Hamburg Invest.

In the case of Hamburg Invest receiving data from several providers for the same property (duplicates), a system-inherent random principle will decide which provider’s offer will be showcased on the Hamburg real estate portal.

2.5 To guarantee the uniform presentation of all real estate offers in the adaption phase after the conclusion of contract, a consultation process will take place between the provider and Hamburg Invest to ensure the smooth import of data.

§ 3 Services ensured by the provider

3.1 The provider ensures the technical conditions to link his system to the Hamburg real estate portal via the interface described in § 2, section 2.2.

3.2 To give potential customers information on the properties offered by the provider, the provider will give Hamburg Invest offers for commercial real estate and space in Hamburg to be integrated into the Hamburg real estate portal via the interface described in § 2, section 2.2.

Providers may only advertise real estate that they are promoting themselves for which they have been contracted, and they are obliged to provide truthful information to Hamburg Invest about the real estate offers.

For each type of property, the minimum information such as location (ZIP code, street, and house number), size and price of the object has to be specified. For properties on sale, at least one representative photo of the property and a floor plan in the standard JPG format should also be made available. In doing so, the provider will only upload object-specific images and graphics that will be exclusively used for the presentation of the property. Company logos, HTML tags, java script applications, internet addresses, and other promotional material are not permitted in photographs and floor plans.

The provider will update all offers entered via the aforementioned interface on a daily basis.

3.3 If the provider receives inquiries and/or contact data from parties interested in the commercial real estate or space in Hamburg, the provider will offer expert advice to the potential customer and offer him a suitable property in the provider’s portfolio.

All transactions are handled by the provider, not by Hamburg Invest.

3.4 The provider will regularly inform Hamburg Invest about commercial real estate transactions in Hamburg supported or concluded by offers promoted on the Hamburg real estate portal or through requests from potential customers received by Hamburg Invest.

§ 4 Fees

4.1 Hamburg Invest will be paid a one-off amount by the provider for the provision of access to the Hamburg real estate portal interface. The amount is due once the provider has ensured the technical requirements to connect his system to the Hamburg real estate portal via the interface. This amount covers all expenses incurred by Hamburg Invest for the provider’s initial integration into the Hamburg real estate portal as well as for the use and for all data transfer.

4.2 For transactions that were promoted or came about through the provider’s offers being listed on the Hamburg real estate portal or through the provider receiving requests from potential Hamburg Invest customers, Hamburg Invest will not charge the provider.

4.3 Hamburg Invest has the right to ask providers for appropriate contributions to costs linked to the further development of the Hamburg real estate portal. Should Hamburg Invest make use of this right, it shall notify the provider of the costs involved. The provider has the choice to declare his consent or to terminate the contract without prior notice.

4.4 The provider is not entitled to a payment of fees and/or remuneration and/or ancillary costs and/or to demand any other charges from Hamburg Invest. In particular, this applies to objects offered by the provider and communicated to third parties. This does not result in any claim against the Hamburg Invest on compensation of the provider's service.

 

 

 

 

 

 

 

 


§ 5 Duration of real estate offers

5.1 The term of an offer is three months. Each provider receives the option for renewal for a further three months. If this option is not accepted after the expiry of the offer, the offer will be automatically deleted on the server.

5.2 If the selected object is no longer on offer, the provider is obliged to delete the offer immediately. If this is not the case, Hamburg Invest is entitled to delete the offer. If the provider who has been already notified by Hamburg Invest once again fails to delete objects leased or sold, Hamburg Invest has the right to prohibit the use of the Hamburg real estate portal by the provider and to block his registration.

§ 6 Third-party rights

6.1 The provider shall ensure that the services provided to Hamburg Invest are free of third-party rights. In particular, the provider guarantees that no third-party rights are linked to the data integrated into the Hamburg real estate portal by the provider via the interface referred to in § 2, section 2.2. Therefore, the provider commits himself to providing the data via the above interface free of third-party rights.

6.2 The provider shall indemnify Hamburg Invest in the event of the assertion of such claims by third parties from legally binding costs and damages, provided that Hamburg Invest immediately informed the provider in writing of the claim, the provider has been granted the possibility of defence, and Hamburg Invest provide him with all assistance possible in his defence.

6.3 Hamburg Invest is entitled to block the offers posted by the provider as soon as there is a concrete suspicion of unlawful content or violations of this user agreement. The provider shall be notified without undue delay, stating the reasons, and giving him the opportunity to remove the illegal content or to present the legality and, if necessary, to prove it. The ban will be lifted as soon as the suspicion has been refuted or eliminated.

§ 7 Rights of use / Publications

7.1 The provider grants to Hamburg Invest the non-exclusive right to unlimitedly being able to use, transfer, edit, supplement and modify (right of use) the data transmitted by the provider, irrevocably by itself or through third parties, via the interface mentioned in § 2, section 2.2 without the cooperation of the provider and without the costs for the display of the offers in the Hamburg real estate portal.

7.2 Publications on the contractual service and commercial advertising by the provider with the contractual object are only permitted with the prior written consent of Hamburg Invest. The consent of Hamburg Invest may only be refused on justified grounds.

§ 8 Liability

8.1 The provider is liable for the proper rendering of his contractual service as well as its defectiveness. In all other respects, the liability provisions are governed by the statutory provisions.

8.2 The provider is aware that, according to the state of the art, it is not possible to create a software program that is completely free from errors or to guarantee uninterrupted access to resources provided by the internet. The provider cannot therefore claim a constant availability of the Hamburg real estate portal.

8.3 Hamburg Invest is not liable for the brokerage of commercial real estate or space entered by the interface specified in § 2, section 2.2 into the Hamburg real estate portal.

§ 9 Contract period

9.1 This agreement becomes effective upon signature by both parties. It is concluded indefinitely and can be terminated by either party with a notice period of two weeks to the end of the month.

9.2 Hamburg Invest has the right to terminate the contract without notice if it no longer operates the Hamburg real estate portal. The provider has the right to terminate the contract without notice once Hamburg Invest makes use of its right according to § 4, section 4.3.

9.3 The right to terminate without notice for good cause remains unaffected.

9.4 Terminations must be declared in text form (§ 126 b of the German Civil Code (BGB)).

§ 10 Other provisions

10.1 This contract shall consist of this agreement. General terms and conditions are not part of this contract.

10.2 Amendments and additions as well as verbal side agreements to this contract have not been made. For reasons of proof, the written form is compulsory for amendments to the contract. This also applies to the written form requirement itself.

10.3 Should any provisions of this contract be or become ineffective or should there be a gap in the contract, the validity of the remaining provisions of the contract shall remain unaffected. The contracting parties shall act in such a way that the intended purpose is achieved and do all that is necessary to correct the partial invalidity or to fill the gap. Instead of the ineffective provision or the filling in of the gap, an appropriate, legally permissible regulation is to take effect that comes closest to what the contracting parties would have wanted if they had considered the partial invalidity or gap.

10.4 The provider is obliged to keep all commercial and business matters of Hamburg Invest known to him in connection with the collaboration secret and not to pass them on to third parties. This applies irrespective of whether the relevant information or data has been expressly marked as confidential or not. The contents of the present contract shall also be treated as confidential in the above sense. The obligation shall remain in force even when the contract is terminated.

10.5 The law of the Federal Republic of Germany applies to the implementation of this contract.

10.6 The court of jurisdiction is Hamburg.

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