GENERAL TERMS AND CONDITIONS

Bisnode D&B Southern Market d.o.o.,
Likozarjeva ulica 3, 1000 Ljubljana

(hereinafter: the Operator)

1. Subject matter

The General Terms and Conditions regulate the relationship between the Operator and the subscriber for the use of Dun & Bradstreet Access to Internet – DBAI and the ordering of Dun & Bradstreet Business products.

The content of these General Terms and Conditions is a constituent part of the contractual relationship between the Operator and the subscribers. The subscribers are obliged to fully comply with these General Terms and Conditions, as well as the limitations listed below.

2. Databases

The Operator provides for the maintenance of data in the form of databases. When deciding on the scope and method of use of the databases, the Operator also takes into account the scope of obtained rights to third persons regarding the use of individual databases.

The Operator will indicate the source of information in the framework of its products and services. The subscribers are obliged to strictly comply with and use the agreed method of indicating the sources of data used by the Operator in individual databases, products or services.

The Operator is the exclusive holder of the related rights of the database producer.

3. System availability

The Operator maintains the Dun & Bradstreet global information databases by making them available for use 24/7/365, as a rule. The Operator reserves the right to short interruptions in the access due to technical reasons of maintenance and equipment replacement. For the reasons related to maintenance, the Operator also reserves the right to longer interruptions in the access, but as a rule only on Sundays.

4. Method of administration

The use and access will be provided 24 hours a day throughout the year, except in cases laid down in Article 3 of the General Terms and Conditions.

5. Violation of the rules of use

The Operator reserves the right to limit or terminate the use of a password in the event of suspected abuse resulting in a violation of the General Terms and Conditions and take measures against the violator of the intellectual property rights (copyrights, rights of database creators) and other provisions, in compliance with the law.

In the event of violation of the rules of use, the Operator reserves the right to take the following measures against the violators:

  • written or verbal reminder;
  • introduction of technical limitations of the access;
  • termination of the agreement on the use of services.

In the case of violation of the rules of use, the following procedure will be applied:

  1. In the event of suspected violation of the rules of use, the Operator’s authorised person will contact the subscriber to obtain the information on the method of use of the service and the reasons for potential deviation from the rules of using the service, and issue a reminder to the subscriber in the case of ungrounded reasons.
  2. In the event of continued violation, the Operator will introduce a technical limitation to the access, which means a limitation of the flow of data or another method of use that will allow for the limitation of abuse.
  3. In the event of continued violation, the Operator will send to the subscriber a written warning prior to the termination of the contractual relationship. After a repeated violation, the Operator will initiate the agreement termination procedure by submitting a notice to the subscriber and cancelling the password for accessing the services.

In spite of the measures listed hereunder, the subscriber will be obliged to fully settle the obligations arising from the subscription.

6. Other rules of use

In order to guarantee quality use the subscriber undertakes to comply with all instructions and other rules of use applicable to access and use of services, as published on the websites in the manuals and other booklets, or in another appropriate manner. The subscriber undertakes to use the name and password assigned by the Operator for each login. The Operator reserves the right to change the passwords assigned to the subscribers. The Operator undertakes to change the passwords in such a manner that will guarantee uninterrupted and constant use of services by the subscribers.

7. Start of subscription

A subscription is based on:

  1. a telephone order confirmed by the Operator and the subscriber by the Operator sending to the subscriber via e-mail a correctly filled in thank you note for the order, or
  2. based on correctly filled in on-line order form, or
  3. based on a signed contract.

The Operator undertakes to send to the subscriber the username and password within one (1) to five (5) days of the establishment of the subscription, by e-mail or registered mail. If the subscriber already has a subscription or contractual relationship, the order of passwords via e-mail will also count as a valid order of additional passwords. The start of subscription will be the same or the next business day, at the latest, following the day when the subscriber received the username and the password.

8. Price list, costs of services and E-invoice

The applicable price list of services is set by the Operator. All prices are in EUR exclusive of VAT.

The price list is published on the website: http://search.bisnode.si/dnb/.

The subscriber will pay the fee in the amount and under the terms and conditions set in the order or the agreement. After having used up all the purchased points within the valid subscription period, the subscriber can buy an additional package of points; in the opposite case, any further used points are charged on the basis of the applicable price list (1 point = 1.00 EUR +VAT).

Should the subscriber not meet the obligations under the agreement and these general terms and conditions, the Operator will be, in addition to default interest, also entitled to a refund for any reminders according to the Operator's price list and to a refund of any other costs of collection (through court or out of court) in their actual amount, including but not limited to the costs of inquiries, lawyer's fees and other costs of collection (through court or out of court). In the case of any kind of court proceedings, including insolvency proceedings (compulsory settlement, bankruptcy) and winding-up proceedings, the subscriber will also refund to the Operator, in addition to the costs of the court proceedings, the lawyer's fees, the costs of inquiries and other costs of collection (through court or out of court).

The subscriber hereby authorises the Operator to provide data in relation to this agreement to third persons if necessary for the implementation of the agreement, and to carry out any inquiries with the competent national and other authorities, banks, savings banks and other financial organisations, and allow these entities to forward the requested data to the Operator. Further, the subscriber hereby explicitly allows that the Operator carry out inquiries and obtain data on their personal and other information, particularly regarding employment, movable property and real estate, claims, interests, shares and other securities, numbers of accounts with banks and payment institutions, and other property, residence, tax number and other information held by other database managers if the Operator does not have them or the subscriber has not personally provided them to the Operator and such data are necessary to achieve the purpose of these general terms and conditions and the concluded agreement. The Operator will delete the personal and other data from its data bases when the purpose of the agreement is achieved, or when the period prescribed for the keeping of such data expires.

The subscriber hereby explicitly agrees that the invoice be issued and submitted in an electronic form to the e-mail address determined by the subscriber. The subscriber may also subscribe to the E-invoice in an electronic form to the subscriber's online bank. Receipt of E-invoice to an e-bank may be ordered by a subscriber who is a client of a bank enabling receipt of e-invoices and simultaneously a user of an online or e-bank.

9. Password as trade secret

The subscriber hereby undertakes to maintain the password, allocated by the Operator, as a business secret and to ensure that it is only used by authorised persons. The subscriber will be held liable for any damages arising from unauthorised use of the password by a third person.

The subscriber will be obliged to inform the Operator of the suspicion of the password being used by an unauthorised person. The operator will immediately assign a new password to the subscriber free of charge. Any costs arising from any the (potential) abuse of the password will be borne by the subscriber.

10. Responsibility for using the communication network

The subscriber alone will be responsible to use modems and other devices and public communication network in accordance with all provisions, attestations, permits, etc. The Operator will only provide appropriate equipment on his part and will in no way be held liable for any irregularities or illegal actions arising from inappropriate equipment or conduct of the subscriber.

The Operator will not be held liable for the termination of access arising from the fault of the company providing the subscriber’s access to the Internet. The Operator will do everything it possibly can to advise the subscriber in the use of communication devices. The Operator will not be held liable for any direct or indirect damage or inconvenience suffered by subscriber due to any potential technical problems or interruptions.

11. Assistance for use

Within the regular working hours, the Operator will provide free assistance and advice for use, via telephone, fax and/or e-mail.

12. Protection and use of data

The Operator will protect all data on the subscriber as a business secret, with the following exemptions:

  • firm (name) and registered office of the subscriber can be published in a list of subscribers or its reference lists;
  • firm (name) and address of the subscriber can be used for compiling various lists for sending notices via e-mail and regular mail and such lists can be forwarded or ceded for use by other managers and users of information;
  • firm (name) and address of the subscriber can be included in its databases;
  • firm (name) and address of the subscriber can be used for compiling various lists for sending notices via e-mail. In no case will the Operator forward the data on the subscribers regarding the content and the financial aspects of the use.

13. Liability for the use of data

Even though the Operator believed all data to be of good quality, it does not assume responsibility for the completeness and up-to-dateness of data and software.

As a rule, data are not a result of an independent research carried out at the request of an individual subscriber. Data are being regularly reviewed and updated.

The subscriber agrees that every business decision more or less means an assumption of risk and the Operator assumes no liability for such risk.

The subscriber explicitly agrees that the Operator is not responsible for any direct or indirect damage, including the loss of profit or inconvenience the subscriber might experience due to the use of data or potential errors or inaccurate data.

Regardless of the above, the subscriber explicitly agrees that the subscriber’s total liability, regardless of the nature of the violation, will never exceed the amount paid by the subscriber during the subscription for the data or the software.

14. Intellectual Property Rights

The figures D-U-N-S are owned and managed by D&B. With D&B’s authorisation, the Operator grants the subscriber the non-exclusive, permanent and limited licence for the use of the figures D-U-N-S only for the purposes of identification and the subscriber’s internal business use. Where appropriate, the subscriber may refer to the figure as the “D-U-N-S figure”, indicating that D-U-N-S was a trademark of D&B.

The information and the software are owned by D&B and can include copyright work, business secrets or other materials created by D&B with great efforts and at significant cost. The subscriber may not challenge D&B’s rights to information and software and D&B’s ownership in any manner whatsoever. The subscriber must mark all copies of information and software with a designation of D&B’s copyright and ownership rights.

15. Copyright data protection

The subscriber agrees to have been informed of the instructions and rules of use and to comply with the rules and provisions, particularly in the area of copyright protection. The subscriber hereby declares that all information and other services will be free of copyright protection or made available for use by all, i.e. in public domain, or shareware, except when explicitly requested otherwise by the author. Furthermore, it is not permitted to download copyright-protected commercial software without authorisation.

The subscriber undertakes to strictly comply with the provisions on copyright and related rights of the Operator and third persons holding the rights to data or databases. The subscriber undertakes not to change or otherwise alter the contents of data and/or database or to use the data for the creation of their own databases.

16. Limited use of data

The subscriber undertakes to use the data solely for their own purposes in accordance with the provisions and limitations specified in the order form or the agreement and within the limits of the purchased points and the number of users indicated in the order form or the agreement and not to forward the data to third persons without the Operator’s written approval.

The subscriber undertakes not to further distribute the data, either free of charge or against payment, in the form or for the purpose not compliant with the provisions of the General Terms and Conditions.

The Operator will provide for the technical security of databases with a system for preventing the unauthorised use and export of a part or complete databases. The subscriber undertakes not to copy (import) parts or complete databases in any case and not to use software tools that would allow for the large-scale export of individual data, intended for the creation of a new database.

The subscriber undertakes to use the Operator’s databases and services in compliance with the provisions on the source of individual data or databases and not to mark the data as their own (as a source of data) in any case.

The subscriber will be subject to damage and criminal liability for the use of data contrary to the rules of use and the provisions of the General Terms and Conditions and other user manuals and materials and the Operator will prevent access in the case of violations, as stipulated in Item 5 of these General Terms and Conditions and take the relevant measures against the violator, in accordance with the law.

The subscriber agrees not to use the usernames and passwords outside the specified area and not to forward data to other persons located outside such area.

The subscriber agrees to allow the Operator to inspect the locations or computer systems on which data and software are used, stored or transported subject to reasonable notice in advance and within the ordinary office hours.

17. Termination of subscription

Unless agreed otherwise, the duration of the subscription or agreement will be 1 (one) year from the date of signature. If, when signing the subscription agreement, the subscriber explicitly agrees with automatic renewal of subscription, the subscription shall be automatically renewed for individual 1-year periods unless the subscriber terminates the subscription in writing prior to the expiry of each one-year subscription period.

The ordered services cannot be terminated prior the expiry of validity of the order form or agreement. The subscriber undertakes to pay for the used points (1 point = 1.00 EUR + VAT) within 7 days of signing the subscription agreement in the event of termination.

The Operator will be entitled to terminate the subscription in the event of overdue liabilities. The subscriber will be informed of termination in writing and allowed 3 business days to settle their liabilities to the Operator.

In the opposite case, the subscriber will be obliged to fully settle the obligations arising from the subscription in spite of the termination of the subscription.

Any violation of the General Terms and Conditions will result in the termination of subscription at the expiry of the current month. In such case, the Operator will withdraw the subscriber’s password on the first day of the following month.

18. Amendments to the General Terms and Conditions

The Operator reserves the right to cancel or modify any of the general terms and conditions listed herein at any time and without the notice period. The subscriber is therefore advised to regularly read these documents so as to be promptly informed of any changes. If the subscriber continues to use the databases also after any changes made to the documents, this will be considered as their full acceptance of and agreement with all changes made to the documents and the obligation to comply with them.

19. Settlement of Disputes

Any disputes arising from or related to the legal relationship will be resolved by the parties amicably; should they fail, the dispute will be referred to the competent court of Ljubljana.

20. Validity of the General Terms and Conditions

The provisions of these General Terms and Conditions shall also apply after the termination of the subscription.

These General Terms and Conditions will apply as of 01/02/2016.

Bisnode D & B Southern Market d.o.o.

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