Solarpraxis – Engineering & Praxiswissen für neue Energien

Below you can find the general terms and conditions for magazines, brochures, conferences and services in the engineering of Solarpraxis AG.

1
“An advertising order” in the sense of the following terms and conditions is the contract that regulates the publication of one or more ads in a print ordered by
an advertising company or space buyer for circulation purposes.

2
Ads shall be published in case of doubt within one year of the signing of the contract. If the right to release individual ads is granted within the scope of the
contract conclusion, the order shall be effected within one year upon publication of the first ad, as far as the first ad is released and published within the term
indicated in sentence 1 of this paragraph.

3
When the contract signed, the contracting body may release a higher number of ads than specified in the advertising order within the agreed or in paragraph 2 indicated term also.

4
If an order is not completed due to causes the publisher is not responsible for, the contracting body shall refund the difference between the granted and the
effective purchase corresponding abatement to the publisher. The reimbursement is not applicable if not-fulfilment is due to force majeure in the risk sphere
of the publisher.

5
On calculation of the number of releases, the text millimetre lines are converted into advertising millimetres for pricing.

6
Orders of ads and inserts to be published declaredly and exclusively in specific numbers, specific editions, or in specific spaces of the print shall be forwarded to the publisher in sufficient time so the publisher can inform the contracting body prior to closing date if the order cannot be effected as requested. Rubricated ads will be printed in the respective section without the need for express agreement.

7
To place an ad in a specific part of the text, the text part price shall be paid. The publisher will label clearly with the mark “ad” any ads that may not be readily identifiable as such due to their editorial style with the mark “ad”.

8
The publisher reserves the right to refuse advertising orders – including single releases within a contract, especially ads on title pages – or inserts due to
content, source, or technical form according to the standard objectively justified principles of the publisher if the contents violate the law or official regulations
or publication is unacceptable for the publisher. This applies also to orders placed at representative offices. Advertising and inserts orders are only binding for the publisher on submission and acceptance of the ad motif or a sample of the insert. Inserts that appear to readers as part of the newspaper or magazine due to their format or design or that contain external ads are not accepted. The refusal of an order is forwarded immediately to the contracting body.

9
The contracting body is responsible for a duly entry of the advertising text and the correct template or insert. If the templates are obviously improper or damaged, the publisher demands immediately an alternative template. To guarantee a correct print of templates sent via ISDN or data medium, a supplementary sheet shall be filled in. In case of non-observance, the publisher does not assume any liabilities for the correct print. The publisher guarantees the common print quality for the respective title within the scope of possibilities the templates offer.

10
The contracting body is entitled to discounts, or to reimbursement of a correct ad, if the ordered ad is printed entirely or partially unreadable, incorrect, or
incomplete, but only to the extent to which the ad is affected. If the adequate term for a rectification by the publisher expires or the reimbursed ad is incorrect again, the contracting body is entitled to discounts or cancellation of the order. Claims for damages from a positive breach of claim, default on contract conclusion, and tort claim – including on advertising orders via phone – are excluded. Claims for damages due to impossibility and delay are limited to reimbursement of the supposed damage and payable charges of the respective ad or insert. This does not apply to intent and gross negligence of the publisher, any legal representative, or agent. The publisher’s liability due to damages from absence of warranted characteristics shall remain unaffected. Tradesmanlike, the publisher is not responsible for any gross negligence caused by agents; for other cases, the liability for gross negligence to traders is limited to the extent of supposed damage up to the amount of the respective ad charge. Absent or incorrect printed control information are not grounds for any claims by the contracting body unless expressly agreed otherwise. Complaints shall be asserted – except for unobvious faults – within four weeks upon invoice and proof receipt.

11
Proofs are furnished only on express request. The contracting body is responsible for the correctness of the returned proofs. The publisher includes all error corrections forwarded within the allotted term indicated with the receipt of the proof.

12
If no particular presetting is requested, the common and effective print height according to the type of ad shall be taken as the basis for the calculation.

13
If the contracting body does not render payment in advance, the invoice is forwarded immediately, but preferably a fortnight after the ad’s publication. The invoice is payable upon receipt within the term indicated in the price list, unless any other payment term or advanced payment is agreed individually. Discounts
for early payments are granted according to the price list.

14
On default or payment delay, interest and charges of withdrawal shall be charged, and the publisher is entitled to stop further performance of the current
order pending payment and demand advanced payment for the remaining ads. Upon justified doubts shown regarding the solvency of the contracting body,
the publisher is entitled to condition the publication of further ads on advanced payment of the charges and balance of the open invoice amount, regardless of
the originally agreed payment term, even during the contractual term of ads. All present and future claims of an agency from a contracting body concerning
insertion and possible additional costs shall cede to the publisher. The agency is entitled to withhold the ceded claim as long as the conventionary duty of
payment to the publisher is met. The publisher is generally entitled, despite a cession, to collect receivables independently.

15
On request, the publisher shall furnish a proof of the ad with the invoice. The proofs are furnished according to the characteristics of the advertising orders as the case may be, ads extracts, pages, or complete edition numbers. If a proof cannot be furnished anymore, the publisher will issue a legally binding certificate confirming the publication and circulation of the ad.

16
Expenses for the production of ordered printing plates, matrixes, films, and drawings, or considerable modifications of the primarily agreed characteristics
ordered and represented by the contracting body are for the account of the same.

17
A claim on discounts can be deduced from a print run reduction for contracts about repeated ads when the general average of the incipient insertion year of
the first ad runs under the average print run of the last calendar year. General averages are indicated in the price list or otherwise, or – if circulation is not
indicated – the sold average is applicable (for magazines, if necessary the average effective circulation). A reduction of print run is only a discount-justifiable fault if the reduction exceeds 20 %. Furthermore, any discounts and claims for damages are excluded if the publisher gives notice to the contracting body about the descent of the print run so accurately timed that the contracting body is able to cancel the contract prior to the publication of the ad.

18
The publisher keeps and duly forwards offers regarding numeric ads by exercising due diligence. Moreover, the publisher does not assume any liability.
Registered letters and express letters to numeric ads are only forwarded by regular mail. Incoming mail about numeric ads is kept for four weeks. Replies not picked up within this term will be shredded. The publisher returns valuable documents without being obligated to. In the interest and for the protection of the contracting body and in order to exclude misuse of the numeric service, the publisher reserves the right to open the incoming offers for verifying purposes. The publisher is not obligated to convey commercial commitments and mediation offers.

19
Place of fulfilment is the headquarters of the publisher. The County First-District of Stuttgart is place of jurisdiction for any claims from business relationships
(future contracts also) with full-traders, legal persons under public law, or entities of special property regulated by public law, as well as for all claims asserted in the way of the judicial dunning procedure. If the contracting body’s address or general residence is unknown at the time of the commencement of proceeding, or the contracting body takes up address or general residence out of the law application area upon contract conclusion, the seat of the publisher remains agreed place of jurisdiction.

20
Your data will be processed by means of EDP (Advice according to § 26 BDSG, German legislation).

1
“An advertising order” in the sense of the following terms and conditions is the contract that regulates the publication of one or more ads in a print ordered by an advertising company or space buyer for circulation purposes.

2
Ads shall be published in case of doubt within one year after contract conclusion. If the right to release individual ads is granted within the scope of the contract conclusion, the order shall be effected within one year upon publication of the first ad, as far as the first ad is released and published within the term indicated in sentence 1 of this paragraph.

3
On contract conclusions, the contracting body is able to release within the agreed or in paragraph 2 indicated term also a higher number of ads than specified in the advertising order.

4
In case an order will not be completed due to causes the publisher is not responsible for, the contracting body shall refund safe of further statutory
duties the publisher the difference between the granted and the effective purchase corresponding abatement. The reimbursement is not applicable, in case the incompletion is due to force majeure in the risk sphere of the publisher.

5
On calculation of the number of releases, the text millimetre lines are converted pricetypically into advertising millimetre.

6
Orders of ads and inserts that are to publish declaredly and exclusively in specific numbers, specific editions, or in specific spaces of the print, shall be forwarded to the publisher in sufficient time, so that the publisher can inform the contracting body prior to closing date in case the order cannot be effected as requested. Rubricated ads will be printed in the respective rubric, without the need for express agreement.

7
For an ad placement in a text part, the text part price shall be paid. The publisher will label clearly those ads, which may not be readily identifiable as such due to their editorial style with the mark “ad”.

8
The publisher reserves the right to refuse advertising orders – also single releases within a conclusion, in particular ads on title pages – or inserts orders due to content, source, or technical form according to the standard objectively justified principles of the publisher, when the contents violate the law or official regulations, or the publication is unacceptable for the publisher. This applies also to orders placed at representative offices. Advertising and inserts orders are only binding for the publisher on submission and acceptance of the ad motive or a sample of the insert. Inserts, which convey the reader’s impression of being a part of the newspaper or magazine due to their format or design, or which contain external ads, are not accepted. The refusal of an order is forwarded immediately to the contracting body.

9
The contracting body is responsible for a duly entry of the advertising text and the correct template or insert. In case the templates are obviously improper or damaged, the publisher demands immediately an alternative template. To guarantee a correct print of templates, which are sent via ISDN or data medium, a supplementary sheet shall be filled in. In case of non-observance, the publisher does not assume any liabilities for the correct print. The publisher guarantees the common print quality for the respective title within the scope of possibilities the templates offer.

10
The contracting body is entitled to discounts, or to reimbursement of a correct ad, in case the ordered ad is printed completely or partially unreadable, incorrect, or incomplete, however, only in the extent, in which the ad had been affected. In case the adequate term for a rectification due from the publisher shall be expired or the reimbursed ad shall be incorrect again, the contracting body is entitled to discounts or cancellation of the order. Claims for damages from a positive breach of claim, default on contract conclusion, and tort claim – including on advertising orders via phone – are excluded. Claims for damages due to impossibility and delay are limited on reimbursement of the supposed damage and payable charges of the respective ad or insert. This does not apply to intention and gross negligence of the publisher, any legal representative, or agent. The publisher’s liability due to damages from absence of warranted characteristics shall remain unaffected. Tradesmanlike, the publisher is not
responsible for the gross negligence caused by agents; for other cases, the liability for gross negligence to traders is limited on the extent of the supposed damage up to the amount of the respective ad charge. Absent or incorrect printed control information do not present any claims for the contracting body, unless anything different is expressly agreed. Complaints shall be asserted – except for unobvious faults – within four weeks upon invoice and proof receipt. General terms and conditions for ads and inserts in newspapers and magazines.

11
Proofs are furnished only on express request. The contracting body is res-ponsible for the correctness of the returned proofs. The publisher includes all error corrections, which are forwarded within the allotted term indicated with the receipt of the proof.

12
If no particular presetting is requested, the common and effective print height according to the type of ad shall be taken as a basis for the calculation.

13
In the contracting body does not render a payment in advance, the invoice is forwarded immediately, but preferably a fortnight after the ad’s publication. The invoice is payable upon receipt within the term indicated in the price list, unless any other payment term or advanced payment is agreed individually. Discounts for early payments are granted according to the price list.

14
On default or payment delay, interests and charges of withdrawal shall be charged, and the publisher is entitled to stop further performance of the current order pending payment, and to demand advanced payment for the remaining ads. Upon justified doubts shown regarding the solvency of the contracting body, the publisher is entitled to condition the publication of further ads on advanced payment of the charges and balance of the open invoice amount, regardless of the originally agreed payment term, even during the run-time of a conclusion of ads. All present and future claims of an agency from a contracting body concerning insertion and possible additional costs shall cede to the publisher. The agency is entitled to withhold the ceded claim as long as the conventionary duty of payment to the publisher is met. The publisher is generally entitled, despite a cession, to collect receivables independently.

15
On request, the publisher furnishes a proof of the ad with the invoice. The proofs are furnished according to the characteristics of the advertising orders, as the case may be, ads extracts, pages, or complete edition numbers. In case a proof cannot be furnished anymore, the publisher will issue a legally binding certificate confirming the publication and circulation of the ad.

16
Expenses for the production of ordered printing plates, matrixes, films, and drawings, or considerable modifications of the primarily agreed characteristics ordered and represented by the contracting body are for the account of the same.

17
A claim on discount can be deduced from a print run reduction on contract conclusion about repeated ads, when the general average of the incipient insertion year of the first ad runs under the average print run of the last calendar year. General averages are indicated in the price list or otherwise, or – in case the circulation is not indicated – the sold average is applicable (on magazines if necessary the average effective circulation). A reduction of print run is only a discount-justifiable fault, when the reduction amounts more than 20 %. Furthermore, are excluded any discounts and claims for damages, if the publisher gives notice to the contracting body about the descent of the print run so accurately timed, that the contracting body is able to cancel the contract prior to the publication of the ad.

18
The publisher keeps and duly forwards offers regarding numeric ads by applying the diligence of a prudent businessman. Moreover, the publisher
does not assume any liability. Registered letters and express letters to numeric ads are only forwarded by regular mail. The incoming mails to numeric ads are kept for four weeks. Replies that are not picked up within this term will be shred. The publisher returns valuable documents, without being obligated to. In the interest and for the protection of the contracting body, and in order to exclude misuse of the numeric service, the publisher reserves the right to open the incoming offers for verifying purposes. The publisher is not obligated to convey commercial commitments and mediation offers.

19
Place of fulfilment shall be the seat of the publisher. The County Court of Berlin is place of jurisdiction for any claims from business relationships (future contracts also) with full-traders, legal persons under public law, or entities of special property regulated by public law, as well as for all claims, which shall be asserted in the way of the judicial dunning procedure. In case the contracting body’s address or general residence is unknown at the time of the commencement of proceeding, or the contracting body takes up address or general residence out of the law application area upon contract conclusion, the seat of the publisher remains agreed place of jurisdiction.

20
Your data will be processed by means of EDP (Advice according to § 26 BDSG, German legislation

The following is an example of „PV Power Plants“ image brochure, 1. Edition (2010):

1. Contractual services to be provided by Solarpraxis AGThe project "PV Power Plants Industry Guide", 1st edition (2010), comprises three sections:  the printed brochure, presentation of the company profile on the website and the national and international distribution of the brochure. Solarpraxis AG shall be responsible for providing the following services:

• Text editing and image processing for representation of the Client's product or technology

• Setting of the Client's technology / product representation to match the uniform layout and appearance of the brochure

• Presentation of the company profile on the brochure website (Solarpraxis AG will maintain the internet portal for a period of at least one year commencing from delivery of the printed brochures)

• Text editing and setting of the editorial presentation of the mechanical engineering industry within the solar sector

• Printing 12,000 copies of the brochure

• Active, national and international distribution of the brochure by Solarpraxis AG

2. Terms of payment
The following terms of payment shall be valid: 50% of the total amount shall be due immediately upon placement of the order. You will receive an invoice separately.

The remaining 50% of the total sum shall be due following delivery of the specimen copies. You will receive the second invoice at that point.

3. Project management
3.1 Contractual services to be provided by the Client
You shall receive a specific document requesting certain materials with this order confirmation. Please read this carefully and ensure that you meet the deadlines specified here.

The Client shall provide a text in US English for the presentation of its technology / product, which shall be used as a basis for the corporate profile. The content of the text should be primarily image and sales-oriented. The length of the text should correspond to the binding specifications stated in the request for materials.

The Client shall supply image material in correspondence with the request for materials. Possible subjects include: shots of production plants with people, pictures of directors or
managers surrounded by their products, projects, production plants or office buildings, pictures from research and development or products.

The Client hereby grants Solarpraxis AG a non-exclusive right of use for the texts and images submitted. This non-exclusive right of use shall be limited to their use in the brochure and in any subsequent reprints, as well as on the www.renewablesinsight.com website.

The Client hereby assures Solarpraxis AG that the materials submitted, such as images, graphics or texts, are not subject to third-party rights that might exclude or limit their use in the said brochure and internet platform. In the event that a claim to that effect is asserted by a third party, Solarpraxis AG is hereby released from liability in relation to any such third-party claims.

In the event that the Client fails to provide these materials within the specified period or in a useable format, Solarpraxis AG may request that they be delivered within five working days. Should the Client fail to comply with this request, Solarpraxis AG shall be entitled to withdraw from the agreement. In this event, Solarpraxis AG shall be entitled to compensation for the expenditure it has incurred in a sum equivalent to the initial payment.

3.2 Procedure for the execution of the project
Solarpraxis AG examines the text, delivered by the client and process the images provided as necessary, and shall design the representation of products and technologyin accordance with the style guide which is specified for the broschure.

Solarpraxis AG shall make the finished representation of products and technology available to the Client for content checking and final approval. Following this, the Client shall be obliged to issue notice of its approval within two working days, or to notify Solarpraxis AG in writing of any specific alteration requests. If no alteration requests are made within this period, it shall be assumed that the Client has granted its formal approval.

The Client may only refuse to grant its approval where the presentation contains significant mistakes.

In the event that the Client presents Solarpraxis AG with an alteration request, Solarpraxis AG shall revise the presentation and re-submit it to the Client for approval. A maximum of two revision stages is possible under this agreement.

Further corrections can only be made in exceptional cases following consultation with Solarpraxis, and only if the course of the project allows it. All work required for this, as wells as changes to texts and designs, that have already been approved,  shall be charged at 98€/ h, on the basis of actual time taken.

Following receipt of the Client’s formal approval of the pages, they shall undergo final proof-reading by a professional editor.

This shall include checking for line-break and setting errors. If neccessary, texts will be adapted to american English.

3.3  Breaches of competition law by companies involved in the project
Solarpraxis AG shall check both the draft texts submitted by companies and the editorially revised texts for obvious breaches of competition law, the rightful interests of the parties involved in the project and compatibility with the aims of the brochure.Superlatives should be avoided, and details regarding market leadership must be verifiable. Should problems arise, Solarpraxis AG shall inform the Client of this and make suggestions for alterations which shall be presented to the Client for approval. Legal advice shall not be provided.

Should it be impossible to reach a mutual agreement on the textual passages and images to be used, Solarpraxis AG shall be entitled to withdraw from the contract. In this event, Solarpraxis AG shall be entitled to compensation for the expenditure it has incurred in a sum equivalent to the initial payment.

4. Specimen copies
The Client shall receive 40 specimen copies of the image brochure. These may be used as the Client sees fit.

5. Rights of use
Solarpraxis AG shall grant the Client the simple right, without temporal or geographical restrictions, to use its company profile. Exploitation of the website and its component parts shall be restricted to use on the Internet. Exploitation of the representation in the printed brochure shall be restricted to its use by Solarpraxis AG within the brochure and within reprints of the corporate presentations. The Client shall acquire the right of use upon making full payment of the total fee.

6. Reprints of corporate and industry presentations
Solarpraxis AG shall provide image brochure participants with the option to request reprints of their corporate presentation and that of the industry.

7. Liability
The liability of Solarpraxis AG and its vicarious agents is limited to 10,000 Euros. In particular, Solarpraxis AG is not liable for breaches of competition law attributable to third parties. The contractual parties hereby assume that this amount is sufficient to cover the type of foreseeable damage typical of such contracts. This limitation of liability shall not apply in the case of damage caused by gross negligence or intent, or in the case of death, injury or damage to health.

The Client shall refrain from making any attempts to prevent the distribution of the brochure. In the event that disputes arise, both parties shall endeavor to find a consensual solution.

8. Abandonment of the project
Should it prove impossible, despite initial expectations, to book a sufficient number of corporate presentations to ensure the financing of the project, or in the event that other circumstances prevent the project from being carried out, Solarpraxis AG reserves the right not to proceed with production of the image brochure. In this case, all payments made to Solarpraxis AG shall be refunded to the Client.

Standard terms and conditions for engineering services
for use in business dealings with companies

1.   Scope, documents, and scope of services to be rendered
1.1   These terms and conditions for services shall apply to all contracts between Solarpraxis AG ("Solarpraxis") and its clients in connection with consulting jobs, expert’s reports, engineering services, and similar services, unless expressly agreed upon differently in writing or required differently by mandatory statutory provisions.
1.2   Subject matter of the contract is the agreed-upon consulting service, engineering service, or similar service, but not however a specific resulting outcome of the performance by Solarpraxis. The performance of Solarpraxis is completed with the rendering of the services, regardless of whether or when any conclusions or recommendations detailed in the expert's reports or services are implemented by the client or not.
1.3   Solarpraxis documents that are part of any potential contract offer, such as for example illustrations, technical drawings, cost estimates, specifications of dimensions and weights, are only approximately definitive, unless expressly referred to as binding. Solarpraxis reserves rights of ownership and copyright for these documents. These documents must not be made accessible to third parties and must only be utilized within the context of the contract. If a contract is not awarded, technical drawings and other documents including any generated copies are to be returned to Solarpraxis without delay.
1.4   The scope of the goods and services to be provided is detailed in the written order confirmation from Solarpraxis; the contract will only comprise the goods and services contained therein. Changes to the execution that result in technical improvements without any increase in price are permissible.

2.   Pricing
In the absence of any statement to the contrary, prices stated in the order confirmation are net prices and do not include the statutory turnover tax, customs duties, or charges of a similar nature. If the price is calculated to include charges or fees and if these should increase after the conclusion of the agreement, Solarpraxis shall be entitled to charge the added costs to the client. All other agreed-upon stipulations remain in effect.

3.   Payment and transfer of ownership
3.1   Payments are to be made without any deductions in accordance with the agreed-upon terms of payment. In the absence of terms of payment, payment of the agreed-upon price is due immediately upon receipt of the invoice and shall be paid without deduction. The time to be considered relevant in judging the timeliness of payment is the time when the funds are credited to the Solarpraxis account.
3.2   Title and property in the object of performance only pass to the client once all payments have been received by Solarpraxis.
3.3   Withholding of payments by the client on account of asserted counterclaims and any offsetting against such is only permissible if Solarpraxis has recognized such claims or if such claims have been declared legally enforceable.
3.4   If the client is in arrears with payments, Solarpraxis may postpone the fulfillment of its own obligation until the overdue payments have been received. In all cases of delayed payments by the client, Solarpraxis shall be entitled to demand interest on arrears at the statutory rate. The assertion of claims for further damages remains unaffected.
3.5   In the event that reasonable doubt arises with regard to the client’s solvency or willingness to pay, in particular because of non-compliance with an obligation to pay or because of a subsequent deterioration of the client’s economic condition, Solarpraxis shall be entitled to demand advance payments or the furnishing of security. If the client does not comply with this request after an adequate grace period has been set, Solarpraxis shall be entitled to terminate the agreement with good cause and with immediate effect.
3.6   All taxes, fees, and other charges arising in connection with the services outside the Federal Republic of Germany shall be borne by the client. If any taxes, fees, or other charges related to the discharge of this delivery are charged to Solarpraxis by the public authorities of the client, then the client shall indemnify Solarpraxis.

4.   Time of performance
4.1   Solarpraxis shall to the best of its abilities attempt to meet all announced performance times, whereby the deadlines – unless expressly stated differently – are only non-binding estimated values. A binding completion date for the rendering of services must be expressly agreed-upon in writing.
4.2   Meeting any existing performance deadlines requires the timely receipt of all documents to be made available by the client, in particular of all plans and technical drawings, as well as fulfillment of the agreed-upon payment terms and the compliance with all other obligations. If these prerequisites are not met, the time of performance shall be extended by a commensurate degree.
4.3   Labour disputes, in particular strikes and lockouts as well as unforeseen circumstances that are outside of the realm of influence of Solarpraxis, such as war, civil unrest, or delays of official permits, shall extend the time of performance by a reasonable degree. The above-mentioned circumstances are outside of Solarpraxis’ scope of liability even if they occur during an already existing delay.
4.4   In the event that any performance deadlines are missed for reasons that are within the scope of Solarpraxis' responsibility, and if the delayed performance has demonstrably caused losses for the client, then any further claims relating to the delay are subject to the stipulations of clause 9.

5.   Provisions by the client
5.1   The client shall make available to Solarpraxis all information that Solarpraxis may reasonably require for the performance of its obligations. Upon completion of the services, Solarpraxis shall return to the client a collection of all documents created during the course of the commission for archiving purposes.
5.2   In the event that certain services are to be provided at the client’s location, the client shall make available to Solarpraxis any required infrastructure, duty stations, and operating resources as well as unhindered admittance and access, including to construction sites, in order to allow Solarpraxis the unhindered performance of its services. If required, the client shall make available to Solarpraxis a central document management system. Solarpraxis shall comply with any instructions received from the client regarding safety regulations and occupational safety on constructions sites.
5.3   No remuneration for the services provided by the client is agreed upon.

6.   Rendering and completion of services by Solarpraxis
6.1   Unless agreed upon differently, all goods and services are EXW Berlin (INCOTERMS 2010).
6.2   The project language for Solarpraxis services is German. All documents and drawings shall be delivered in the German language. Translations into other languages are to be agreed upon in writing for each respective case.
6.3   Solarpraxis and the client each shall name contact persons for conducting each commission, who are authorized to issue binding statements. At regular intervals, Solarpraxis and the client shall conduct discussions in order to optimize their cooperation and to coordinate resource requirements as early as possible.
6.4   Solarpraxis shall put only qualified and specialized personnel (employees as well as freelance personnel of Solarpraxis) in charge of providing the services. Unless stipulated differently in writing, the client is not entitled to demand that the services be provided by particular individuals or employees.
6.5   In the absence of any different agreements, the regular daily deployment time of personnel shall be eight hours.  Upon request by the client, Solarpraxis will – for a limited time period – make available additional personnel or offer longer daily deployment times, in order to meet the interests of the client to a satisfactory degree. In this case, the particular conditions and additional remuneration shall be stipulated separately.
6.6   Solarpraxis may call upon qualified subcontractors for the rendering of the services. In this case Solarpraxis shall ensure that only qualified personnel are deployed. The deployment of subcontractors does not affect the responsibilities of Solarpraxis.

7.   Scope of services to be rendered; regulations and statutes
7.1   If additional costs arise for Solarpraxis due to incorrect or incomplete information or as a result of hindered access or other circumstances, for which Solarpraxis does not bear any responsibility, Solarpraxis shall be entitled to reimbursement of the these additional expenses and possibly to a corresponding adjustment of the time schedule for rendering the affected services of the respective commission.
7.2   If the client submits a change of services to be rendered, Solarpraxis shall within 7 days submit an offer for the implementation of the desired changes of services to be rendered.  If Solarpraxis submits a change in rendered services, it shall already at the time of the submission of the change in rendered services list the changes to the existing contractual agreement that would be necessary in case of the implementation of the changes. The agreed-upon cost rates for calculating the added costs associated with a change in rendered services shall be stipulated by mutual agreement in accordance with the compensation provided herein.  The client shall provide a decision in writing on whether to proceed or not within 5 days from the receipt of an offer or a change in rendered services.
7.3   Solarpraxis ensures that its services are in compliance with all relevant laws, rules, regulations, and standards at the time of the respective commission. In the event that changes are implemented after the order placement, Solarpraxis and the client shall come to a mutual agreement about necessary changes to the affected services.
7.4   In as far as changes of the abovementioned nature affect the time schedule of the commission, the time schedule shall be adapted in a mutually agreeable manner. If necessary, Solarpraxis shall present possible accelerating measures along with any added expenses required to implement them.

8.   Liability for defects
8.1   Solarpraxis warrants that it will render its services in accordance with the accepted state of technology at the time of order placement and that it will render these services with the due care and diligence of a professional engineering services firm in the field of "renewable energy".
8.2   Apparent defects must be reported to Solarpraxis by the client in writing immediately, but no later than within two weeks after receipt of the services; hidden defects must be reported immediately after their discovery. If the client fails to submit this written notice, all claims related to these defects are excluded.  
8.3   Defective services shall be reworked within a reasonable time period at Solarpraxis' expense. If the client does not provide the necessary time and opportunity to perform the rectification of defects, Solarpraxis shall be exempted from liability for any consequences arising from this.
8.4   In the event that the rectification of defects fails, the client may demand – allowing for exceptional special cases considered by the laws – a reduction of the fee or at their choice a rescission of contract.  In all other cases a right to reduction of fee is excluded.
8.5   Liability for defects is limited to claims that are asserted within 18 months of the rendering of the respective services.  With respect to reworked or replaced goods and services, liability shall be limited to defects for which a complaint has been filed in writing within 24 months of the start of the original time limit. Upon expiration of the abovementioned time limits all claims of the client will fall under the statute of limitations. Claims for damages are subject to the statutory time limits.

9.   Joint and several liability
9.1   Claims for damages by the client that are based upon ordinary negligent violations of the contractual, pre-contractual, post-contractual, or statutory obligations of Solarpraxis are excluded regardless of the legal basis or the nature or extent of the arisen damages.  In the event of culpable fundamental violation of contractual obligations, Solarpraxis shall be liable even in case of ordinary negligence, however liability shall be limited to the damage reasonably foreseeable for the particular contract.
9.2   For damages caused to anything not comprised in the object of performance, Solarpraxis can not be held responsible – regardless of the particular legal basis, except:
9.21   in case of intent and gross negligence,
9.22   in case of culpable injury to life, body, or health,
9.23   in case of malicious silence regarding defects, or for defects that were guaranteed to be absent,
9.24   in case of defects of the object of performance, in as far as product liability laws stipulate liability for personal injury and property damage on privately used objects.
9.3   The limiting conditions of this clause 9 are also applicable for any claims put forward by the client in regard to expenditures. Any further-reaching claims for damages are excluded.

10.   Confidentiality
10.1   Solarpraxis and the client undertake to treat all confidential information in a confidential manner as described in the following. "Confidential Information" as understood in the context of this commission are all technical, business, or other information that relate to technology, engineering know-how, chemical processes or substances, ideas or sketches, technical drawings, discoveries in material science, patent documents, experimental reports, samples, collaboration partners or clients or suppliers, marketing or branding strategies, plans or other business or company secrets of the respective other party that were directly or indirectly transmitted or made available by Solarpraxis to the client (and in reverse) in oral, written, graphical, or other manner. All Confidential Information must be treated in strict confidence by the receiving party and unconditionally must be kept secret from third parties.  The receiving party also is not permitted to pass on any Confidential Information to third parties in amended form or to change, exploit, or further develop the Confidential Information for the receiving party’s own scientific or commercial purposes.
10.2   The following types of information are not considered Confidential Information:
(a)   information that demonstrably is made available to the receiving party by a third party without violation of this agreement, or
(b)   information that demonstrably already was known or accessible to the receiving party, or
(c)   information that demonstrably at the time of receipt already was public knowledge or publicly accessible, and/or subsequently became publicly accessible without any violation of this agreement or any other obligation to maintain secrecy.
10.3   All of the Confidential Information made accessible to the receiving party in any shape or form shall remain the property of the respective other party.  Unless agreed upon differently, the receiving party shall - upon request from the other party, but no later than one year after completion of the commission – return to the providing party without charge the entirety of the written Confidential Information including any generated copies as well as data carriers including the source programme.
10.4   The receiving party may not infer any licensing or patent rights for itself from the receipt of the Confidential Information, unless this is agreed upon separately in writing. Any type of copyright compensation is considered paid and settled as part of the commission.
10.5   The obligation to maintain secrecy is in force during the term of the commission and for a period of two years afterwards.

11.   Industrial property rights
11.1   If during the performance of the order Solarpraxis utilizes patents, utility models, or other industrial property rights, or in as far as industrial property rights are affected by the performance of the contract, then Solarpraxis assures the client of its rights to use and pass on these rights within the context of the project.  Solarpraxis has the choice of either securing at its own expense a right of use for the client or of changing the services so that no property rights are infringed upon but the services still meet the agreed-upon specification.
11.2   If any secret or valuable technical discoveries, information, expertise ("Know-how"), or patentable inventions ("Inventions") are developed during the rendering of the services by Solarpraxis, all rights to the Know-how or the Inventions shall fall to the party that has made the Inventions or has obtained the Know-how. The respective other party is granted a free-of-charge, non-exclusive, and non-transferrable right of use for the purpose of this order.
11.3   If the scope of rendered services comprises software, the client shall be granted a nonexclusive right to use the supplied software including its documentation.  The provided software is to be utilized on the products provided for that purpose. Using the software on more than one system is not permissible.
11.4   The client may revise or translate the software to the legally permitted degree and may convert from object code to source code.  All other rights in the software remain the property of Solarpraxis or the respective software supplier.  The granting of sublicenses is not permitted.
11.5   The client shall use the service provided by Solarpraxis exclusively for his own purposes. In as far as results of work performed by Solarpraxis are subject to copyright protection, Solarpraxis shall retain its authorship while the client shall be granted a non-exclusive and not-transferable right of use of these results.

12.   Applicable law and place of jurisdiction
12.1   The legal relations of the parties are subject exclusively to the laws of the Federal Republic of Germany with the exclusion of private international law. Application of the UN Convention on Contracts (CISG) is also excluded.
12.2   Place of jurisdiction for all disputes is Berlin. Solarpraxis retains the right to also file suit in any location where the laws provide jurisdiction for the client.

13.   Assignment of rights
Both the client and Solarpraxis can only assign their contractual rights to third parties by mutual consent.  Assignment of Solarpraxis’ claims for payment is permissible for financing purposes.

14.   Other stipulations
14.1   In the event that binding law prohibits the application of individual stipulations, the validity of the remaining stipulations shall not be affected.
14.2   Solarpraxis hereby expressly objects to any general standard terms and conditions that may be forwarded by the client. Amendments or supplements to these stipulations and to possible other agreements between the parties require the written form to reach effectiveness.

Revision date: March 2010

Registration is possible up to up to 3 working days before the conference starts. After that it will only be possible to register directly at the event and pay by credit card (at “late bird”- price).

You will receive a confirmation and an invoice shortly after submitting your registration. The payment is due on our account with receipt of the invoice (in EURO). Any bank fees must be paid by the applicant. In case of registrations during the last two weeks, please be prepared to deposit a confirmation of payment, issued by your bank, at the registration desk or to pay by credit card before the conference starts.

The organizer reserves the right to refuse admission if the payment has not arrived verifiably before the start of the conference.

Cancellations received in writing up to 6 weeks before the start of the conference will have to pay a 20% administration charge. In case of cancellations after this date or non-attendance the full participation fee is due.
A substitute delegate can be nominated at no extra charge, up to 72 hours before the conference starts or at the registration desk at the conference.

We reserve the right to change the speakers and other parts of the conference program.

Legal notice:
According to §22 (rights to one's likeness) of the German "Act on the Protection of the Copyright in Works of Art and Photographs", pictures (photographs) may only be distributed or put on public display with the express consent of those depicted. However, Section §23, paragraph 3 makes an exception of pictures of gatherings, public processions, and similar activities such as public events, in which the depicted people have taken part. Should you not agree to the possible publication of such pictures, please contact us in advance. This also applies to filming and sound recordings.

We accept no liability for personal injury or any damage to property either during travel to or from the venue, or during the conference itself.

The production of audio and video recordings is prohibited without the written approval of the conference organizer.

Es posible registrarse por escrito y online hasta 3 días laborables antes de la conferencia. Dentro de las 72 horas antes de la conferencia, sólo podrá registrarse directamente en el lugar de celebración de la conferencia (el precio de la inscripción en este caso será el precio "Late Bird") a la hora de entrar.

Recibirá una confirmación de su inscripción junto con la factura poco después de haberse registrado para asistir a la conferencia. La cuota de inscripción debe ser abonada cuando reciban la factura (en EURO). Los costes de la transferencia bancaria serán por cuenta del remitente.

En caso de que la transferencia bancaria sea realizada con menos de 14 días de antelación a la conferencia, por favor entregue una copia de la transferencia bancaria en el momento de registrarse en el lugar de celebración o estén preparados a pagar con tarjeta de crédito antes de entrar a la conferencia. Es imprescindible haber realizado el pago para la entrada a la conferencia. Nos reservamos el derecho de admisión en caso de que el pago no haya sido efectuado antes de la conferencia.

En el supuesto de anulación de la inscripción más de 6 semanas antes de la conferencia habrá que pagar un 20% de la cuota de inscripción en concepto de costes administrativos. En caso de no cancelar la inscripción, o hacerlo dentro del periodo de 6 semanas antes de la conferencia, habrá que pagar el 100% de la cuota de inscripción de la conferencia. Las cancelaciones siempre deben ser realizadas por escrito.

Si usted no puede asistir, tiene la opción de que un sustituto venga en su lugar, si no habrá más gastos administrativos aparte del cambio del nombre, comunicándonos sus datos al menos 72 horas antes de la conferencia o directamente en el lugar de celebración.

El organizador se reserva el derecho de modificar el programa por razones ajenas a su voluntad.

Advertencia legal:
Según §22 (Derecho sobre la propia imagen) de la ley alemana de derecho del autor de artes, se pueden publicar o ostentar retratos (fotos) solamente con el permiso del retratado. Según §23 párrafo 3, esto no es vigente tratándose de retratos de asambleas, desfiles y eventos similares, en los cuales hayan participado las personas retratadas. En caso de que usted no esté de acuerdo con la publicación de dichas fotos, le rogamos nos contacte.

En caso de que usted no esté de acuerdo con la publicación de dichas fotos, le rogamos se ponga en contacto con nosotros. Esto también es aplicable a las grabaciones de audio y vídeo.

No nos hacemos responsables de posibles lesiones personales ni daños a la propiedad ocurridos durante el transcurso de la conferencia, ni durante los desplazamientos a la misma.

Están prohibidas las grabaciones de vídeo y audio en toda la conferencia sin el consentimiento expreso y por escrito del organizador.

L’iscrizione scritta/online deve pervenire almeno 3 giorni lavorativi prima della conferenza. Dopodiché è possibile iscriversi solamente sul posto per il prezzo “Late-Bird”.

Una volta ricevuta la vostra iscrizione, Vi invieremo una conferma e la fattura relativa.

Le quote d’iscrizione vanno pagate senza detrazioni, immediatamente dopo aver ricevuto la fattura.

Le spese per il bonifico sono a carico del mittente. Il pagamento deve risultare sul conto della Solarpraxis AG (in EURO) almeno 14 giorni prima della conferenza. Qualora il pagamento venga effettuato più tardi, si prega di presentare la ricevuta di versamento allo sportello di registrazione o pagare direttamente con carta di credito in loco. Gli organizzatori hanno il diritto di negare l’accesso alla conferenza in caso di mancato pagamento.

In caso di storno dell’iscrizione fino a 6 settimane prima della conferenza, verrà trattenuta una penale pari al 20% della quota di partecipazione. In caso di storno in data successiva, o di assenza del partecipante iscritto, sarà esigibile il pagamento dell’intera quota. Gli storni devono essere sempre comunicati per iscritto. Il trasferimento a un sostituto del diritto di partecipazione è gratuito, qualora non ne derivino spese amministrative oltre alla modifica del nome, e se ci viene comunicato almeno 72 ore prima dell'inizio della conferenza.

In casi eccezionali ci riserviamo di effettuare cambi di relatore e modifiche ai contenuti.

Avviso legale:
Secondo il § 22 (diritto alla propria immagine) della legge tedesca sul diritto d’autore per le opere d’arte, ritratti fotografici possono essere divulgati solo con il consenso della persona rappresentata. Tuttavia, ai sensi del § 23 comma 3, sono escluse da questa regola le immagini di assembramenti, cortei e altri eventi assimilabili come per esempio  pubbliche conferenze, a cui hanno partecipato le persone rappresentate.

Se siete in disaccordo con la pubblicazione di tali immagini, vi preghiamo di contattarci. Questo è anche valido per l'audio registrazione.

Non ci assumiamo alcuna responsabilità per danni alle persone e dei beni in arrivo e partenza da e per il luogo così come in loco della conferenza.

La produzione di registrazioni audio e video senza il consenso scritto degli organizzatori è vietata.