Terms of Service

§1 General

1. The NOVA Building IT GmbH operates on the Internet, inter alia, under the domain "avanova.de" a usable over the Internet software application (hereinafter: service), the entrepreneur and organizations in the creation and management of information and documents in connection with the planning , Procurement and execution of services according to VOB, VOL and VOF supported. Provider of the service is NOVA Building IT GmbH, In der Mordach 1a, 64367 Mühltal ('NOVA').

2. These terms and conditions in their current version apply to all business relationships between the user and NOVA. The regulations made here also apply retrospectively to existing and future business relationships between the user and NOVA. Deviating, conflicting or supplementary terms and conditions of the user (including e.g. terms of purchase, purchase conditions) do not become part of the contract, unless the validity is expressly agreed in writing when the contract is concluded. Any form of reference to the user's terms and conditions is expressly rejected.

§2 Subject of the contract

1. Subject of the license agreement is the provision of the service for the use of the functionalities to the user.

2. The scope of services depends on the service package selected by the user and basically includes the possibility to create and manage various information and documents in connection with the planning, procurement and execution of services according to VOB, VOL and VOF.

3. The user also has the option of downloading documents created via the service in the file formats offered for further processing and for backup purposes

§3 Conclusion of contract

1. The use of the service is only possible in the context of a user contract. The conclusion of a contract for the use of the service is only possible for entrepreneurs, legal persons under public law or special funds under public law.

2. The user is obliged to make only truthful statements about his person and the company when concluding a contract of use and to keep his data up-to-date.

3. NOVA initially offers the conclusion of free, limited-term use contracts that are partially limited in scope and only for testing purposes. Here is already the provision of the registration form by NOVA an offer to conclude such a contract. The user accepts this offer by filling out the form and submitting it with the corresponding button.

4. In addition, NOVA also offers the conclusion of chargeable user contracts. For this purpose, the user can view and select the available service packages in his account in the "My Account" section using the "Order Package" command. This option is already a binding offer to conclude a fee-based contract. The user accepts this offer by confirming this in the last step of the ordering process with the corresponding button "Order package at cost".

5. The user has the option of canceling the order process at any time prior to sending his contract declaration, checking his details and, if necessary, correcting them by changing the corresponding fields. Furthermore, he can check the services selected by him and change them by clicking on the appropriate selection boxes.

6. NOVA will confirm the receipt of the contract without delay by sending an e-mail. For the conclusion of the contract, the German language is available.

§4 Provision of the service

1. The service is provided to the user for free use contracts with registration, for paid user contracts with acceptance of the selected offer.

2. The delivery point for the service is the router output of the NOVA data center. NOVA owes an availability of the service at the transfer point of 98% on an annual average..

§5 Further services from NOVA

1. In addition to the basic functions of the service, NOVA also provides users with other, chargeable additional services.

2. The exact scope of services is defined in the respective service descriptions and can be claimed by the local facilities.

§6 Right of use, rights

1. NOVA grants the user the simple, non-sublicensable and non-transferable right to use the service for its own business purposes during the term of the contract.

2. If and insofar as a database, databases or a database or database works are created on the server of NOVA during the term of the license agreement, all rights to this shall apply to the user. The user remains the owner of the databases or database works after the end of the contract.

§7 Granting of rights of use by the user

1. The subject of the following rights of use are all work items (descriptions and specifications) for tenders created by the user as part of the service (hereinafter: work items). The user has created the work items himself if the work items have not been adopted unchanged from third party tender text systems and if they cannot be clearly assigned to a third party tender text system (e.g. via ID / key).

2. The user undertakes towards NOVA not to create and upload any work items that violate applicable law. In particular, the user undertakes to observe applicable law when creating work items and not to violate any third party rights (e.g. name, copyright and data protection rights).

3. The user grants NOVA an unlimited, irrevocable, transferable, sublicensable, non-exclusive, free of charge right of use to the work items created by the user. NOVA is entitled at any time to use, edit and utilize the work items - after automated and GDPR-compliant anonymization of the origin and the content. This includes, in particular, the right to reproduce, the right to distribute and the right to reproduce, in particular the right to make publicly available.

4. The user waives the right to name the author.

§8 Payment, payment methods

1. As far as the use of the service is charged, the costs are based on the information in the price list.

2. All prices are subject to VAT. All payments must be made in advance and can be made using the payment methods offered.

3. Insofar as the parties agree on the method of payment "direct debit", the user grants NOVA a single SEPA-based mandate / SEPA mandate for recurring payments and liabilities of varying amounts in order to collect the respective claim due. The deadline for the pre-notification will be shortened to 1 day, as far as permissible. The user assures to provide for the cover of the account.

4. Costs incurred as a result of non-payment or reversal of a payment order will be charged to the user as long as the non-payment or the chargeback was not caused by NOVA.

§9 Duties and obligations of the user, backup copies

1. The user chooses access data for the purpose of using the service. The user is obliged to keep this access data secret and to inform NOVA immediately about the loss or unauthorized use of the access data by third parties.

2. The user may use the service only for his own entrepreneurial purposes. The use of the service to send advertising of any kind, in particular via the provided e-mail functions is not permitted.

3. To use the service, the user must have an Internet connection, an Internet-enabled device and a current Internet browser, the costs of which he has to bear.

4. The user is obliged to regularly, but at least daily, to save the data stored in the service, namely the created or managed documents by download.

5. As far as the service provides interfaces to systems of third parties, the duty to check the incoming or outgoing data for consistency; Completeness, accuracy and timeliness exclusively to the user.

§10 Privacy

1. The parties shall observe the respectively applicable data protection regulations, in particular those valid in Germany.

2. If the user collects, processes or uses personal data of third parties, he is responsible for ensuring that he is entitled to do so in accordance with the applicable provisions of data protection law and, in the event of a breach, indemnifies NOVA against claims of third parties.

3. NOVA provides a sample contract data processing contract that can be requested and completed by the customer at any time.

4. further details refer to the current privacy policy under https://avanova.de/Privacy referred

§11 Liability

1. In the case of intent or gross negligence, the parties shall be liable to each other without limitation for all damages caused by themselves and their legal representatives or vicarious agents.

2. In the event of slight negligence, the parties shall be liable without limitation in the event of injury to life, limb or health.

3. In addition, a party is only liable if it has violated a material contractual obligation. Material contractual obligations are those duties which are of particular importance for the achievement of the objective of the contract, as well as those obligations which, in the event of culpable violation, could jeopardize the achievement of the purpose of the contract. In these cases liability is limited to compensation for foreseeable, typically occurring damage. The no-fault liability of NOVA for damages pursuant to §536a BGB for defects existing at the conclusion of the contract is excluded, the above paragraphs remain unaffected.

4. Liability under the Product Liability Act remains unaffected.

§12 Term, termination

1. The contract for free use begins with the conclusion of the contract, runs for the specified period and can be terminated by any of the parties without notice and automatically expires 14 days after registration.

2. The term of the contract for a paid use of the service begins with the acceptance of the selected offer and runs for the agreed period. The contract can be terminated by the use of the functions provided online by the user without observing a notice period at the end of the term. Otherwise, the termination requires at least the text form; this also applies a period of 1 working day to the respective end of the term.

3. The term of a contract for a fee-based use of the service is automatically extended by the chosen term if it is not terminated on time.

4. If the user unilaterally suspends the use of the service before the expiry of the period of notice, he will not be reimbursed the costs of an unused remaining period of his contract.

5. NOVA may terminate the contract without notice if the user for two consecutive months with the payment of prices or a significant part of the prices or in a period that extends over more than two months with the payment of a fee in the amount of an amount that reaches the fee for two months, is in default. In this case, NOVA may additionally demand a lump-sum compensation due immediately in one sum amounting to one quarter of the monthly basic flat rate remaining until the end of the regular contract period. The user reserves the right to prove a lesser damage.

§13 Changes to these terms and conditions

1. NOVA shall have the right, at its reasonable discretion, to change the terms of the service to be provided in consideration of the technical requirements and market conditions, as far as this is reasonable for the user.

2. Changes to these terms and conditions are published in the service. Changes to the terms and conditions, which do not fall under paragraph 1, the user is informed in text form. The changes take effect if the user does not object to the respective changes at the latest 14 days after receipt of the change notification. The user is informed about the meaning of his silence together with the change notification.

§14 Final provisions

1. The law of the Federal Republic of Germany applies. The provisions of the UN Sales Convention do not apply.

2. If the user is a merchant, legal entity under public law or special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is our place of business. The same applies if the user does not have a general place of jurisdiction in Germany or if his domicile or habitual residence are unknown at the time the complaint is filed.

As of April 2020