Contractual terms and conditions for participation in an online trade fair of the Operator, Haufe-Lexware GmbH & Co.KG, Freiburg, owner of all the rights to and contracts for the online trade fair offer. Haufe-Lexware GmbH & Co.KG. is the initiator and organiser in the Marketing context.

1. General contractual terms and conditions

   1.1 Registration for the online trade fair is effective with receipt of the fully completed and legally binding signed registration form by Haufe-Lexware in Würzburg. Registration cannot be subject to suspensory or resolvent conditions, e.g. depending on exclusion of competitor companies. The Operator will acknowledge receipt of the registration form in writing.

   1.2 The contractual relationship is established after explicit, written acceptance by both the exhibitor and Haufe-Lexware (hereinafter referred to as Operator). Unless agreed otherwise, the duration of the contract shall be for a period of one year from first activation of the exhibitor's offer. It is automatically extended by a further year in each case, unless the Operator has received a written notice of termination at least three months prior to the end of the contractual year or unless cancelled by the Operator.

   1.3 The exhibitor undertakes, when delivering text and images, to comply with all provisions of the applicable Data Protection Act and the voluntary obligation regarding the use of visitor data and other relevant legal provisions, as agreed in this contract, especially regarding publication on the Internet.

   1.4 The Operator will contact the exhibitor at least five days prior to commencement of the trade fair to agree on the data transfer and the design of the virtual trade fair stall before final activation. The exhibitor is personally responsible for input, maintenance and veracity of the content of his submitted information (text, images, sound) required for the virtual trade fair stall and shall implement this independently via a supplier's port in the agreed format. The content may then be updated and supplemented via the maintenance port at any time. The exhibitor has no claim for financial compensation if activation for the trade fair is delayed because the exhibitor has failed to observe the time constraints, i.e. activation is only after the start of the contractual trade fair participation. The Operator shall not be liable for the information (text, image and sound) made available by the exhibitor. The exhibitor accepts liability and confirms that he is the owner of the copyright to the information in the form of text, images and sound which he uses in the online trade fair and that the rights of third parties are not infringed.

   1.5 At the time of registration, the exhibitor agrees that his information may be stored, evaluated and also passed on to third parties in the context and for the purposes of the trade fair. He also undertakes to participate in electronic evaluation programmes and thereby declares that he agrees to information about his participation being used exclusively for advertorial purposes.

   1.6 The Operator is entitled to organise the preparation of photographs, video recordings, print screens and other documentation about exhibition events, the trade fair stands and the exhibits for use in advertisements or press releases, without the exhibitor having a right to object or make claims of any kind. This also applies to recordings which the press or television may prepare directly with the Operator's approval. Copyright provisions must be complied with in this respect.

   1.7 The Operator is entitled to change the layout and technology of the Internet presentation to serve the objectives of the virtual trade fair, for reasons of technological progress or if required due to unforeseeable events. In these cases the exhibitor is not entitled to compensation.

   1.8 Within commercially reasonable limits, the Operator assures the greatest possible availability and security of the server on the Internet by deploying technical solutions and by daily monitoring. In the context of this agreement, however, the risks of providing information on the Internet are explicitly pointed out and no liability is accepted or warranty offered in respect of short-term temporary interruptions to the offer, provided these are due to technical reasons, the Internet, third parties or other factors for which the Operator cannot be held responsible. The same applies to the protection and potential abuse of the data provided by the exhibitor for publication and for use.

   1.9 The Operator shall undertake intensive advertising of the online trade fair on the Internet and in the printed media in order to attract as many visitors as possible. The Operator will consider the target audiences of the exhibitor in the selection of the media. The Operator offers no guarantee as to the number of visitors. The exhibitor has no entitlement to a specific number of visitors.

2. Data protection and use

   The Operator shall provide the offerer with data on visitor activity in the area of his presentation and at the online trade fair on a regular basis, provided this is within the contractual remit of the service packages. The offerer shall also receive direct access to statistical and survey options in the system. Under this agreement, the exhibitor undertakes to comply with the following regulations in respect of the visitor's right to confidentiality, the data protection rights of third parties such as e.g. competitors and the Operator's granting of rights.

   2.1 The exhibitor undertakes to maintain confidentiality in respect of granted access rights to visitors' data and statistics and to oblige all persons authorised by him to comply with the use and voluntary obligation provisions arising from this contract.

   The exhibitor is explicitly entitled to the use and processing of data only for the purposes of his own business operations and the purposes envisaged under this contract. Making these available to third parties or any other use is prohibited. The exhibitor is liable for any breaches of this agreement.

   The exhibitor's use of visitor data is related to the contractual scope of services and utilisation and is limited by the provisions of the data protection act in the Federal Republic of Germany.

   Leadlevel 1:

   Personal and contact data of general visitors of the online trade fair may, insofar as included under the scope of the contract, be used in the first contact step solely for the purpose of direct mailing by post.

   Subsequent approach by telephone with reference to the mailing is possible.

   Leadlevel 2:

   Personal and contact data of visitors to the respective hall may, insofar as included under the scope of the contract, be used in the first contact step solely for the purpose of direct mailing by post or e-mail.

   Subsequent approach by telephone with reference to the mailing is possible.

   Leadlevel 3:

   Personal and contact data of visitors to the own stall may be freely used for the purpose of the own business. Transfer to a third party is prohibited in this case as well.

   Should the visitor refuse further contact or declare this undesirable, the exhibitor undertakes to immediately and unreservedly honour this.

   2.2 The Operator is entitled to change the content, scope and form of the data structure made available to the exhibitor should this be or become necessary due to legal requirements. This shall not affect the contractual relationship per se and the exhibitor shall have no arising extraordinary rights to termination, retention or claims for return.

   2.3 The Operator undertakes to ensure that the quality and accuracy of the required information in the registration procedure is assured as far as technically and economically possible and reasonable. But the Operator gives no assurance that individual data and information are correct and offers no guarantee in this respect nor does he accept liability for possible costs and consequences in the use thereof.

   2.4 The Operator and the recipients of data undertake, pursuant to § 6 (1) and (2) Data Protection Act, to provide information on the stored personal data of a registered person, on request of the Operator or said person, and correct or delete same. In the event of a direct request by an individual, the Operator shall be informed in order to implement the same in the remaining stored data.

3. Payment terms and conditions

   3.1 The Operator shall prepare invoices for the package fee and other services. All prices are in EURO net plus the statutory VAT.

   3.2 The obligation for payment of the agreed fees arises on conclusion of the contract. Payment must be made without deductions prior to the date of the agreed online trial activation to the account of the Operator.

   3.3 If payment deadlines are not met, the Operator may, after prior written notification, withdraw from the contract or withhold online activation. The obligation to pay outstanding accounts remains unaffected thereby.

4. Assignment, set-off, right of retention

   Assignment of claims against the Operator, set-off against the participation fees and the assertion of a right of retention are excluded.

5. Withdrawal and notice of termination

   5.1 The Operator is entitled to withdraw from the contract if an insolvency procedure has been filed against the assets of the exhibitor; the exhibitor shall inform the Operator without delay of such circumstance in writing.

   5.2 The Operator has a right to early termination following prior notice in the event of failure to comply with statutory provisions or with provisions for data protection or use under this contract and in the event of default in payment by the exhibitor.

6. Final provisions

   6.1 The mutual rights and obligations under this contractual relationship are subject to the laws of the Federal Republic of Germany.

   6.2 The place of jurisdiction and place of performance for payment obligations is Würzburg, the registered office of the Operator.

   6.3 All claims of the exhibitor against the Operator shall prescribe within 6 months. The prescription period shall commence with the date of occurrence of the claim but no later than the end of the month in which participation in the online trade fair ends.

   6.4 Should one of the above terms and conditions be invalid, the contract as a whole shall be unaffected thereby. The invalid provision shall be replaced by a valid provision as far as possible in agreement with the original economic and substantive purpose, which shall then become an integral part of the contract.