The AGB-Archiv - and the idea behind
Terms and Conditions are an important component part of legal transactions between merchants. It is of vital importance that the (owned) Terms and Conditions are always "included" in the legal transaction. Therefore, it requires a contractual agreement of the parties involved, which needs to extend to the inclusion of the Terms and Conditions in the contract itself. In addition, the user of the Terms and Conditions must, even in transactions between merchants, give the other party the opportunity to take appropriate knowledge of one's own conditions.
Hence, every day tens of thousands of orders, order confirmations or invoices are sent, where the respective Terms and Conditions are attached, either as an attachment or as a printed back. The associated costs are substantial.
However, can the "notification" of own Terms and Conditions occur only through this way? In any case, by home dealings among businesses or international business deals, if the German rights agreed to excluding the UN-Convention on Contracts for the International Sale of Goods (CISG), there are alternatives.
More and more companies are switching over to sending their business partners the terms once a year or sent it only if changes have been made. However, the efforts involved are not insignificant. Other companies desire to display their own Terms and Conditions on the company website.
These companies then face mainly the problem, how to holdup with the traceability and archiving of the gradually changing conditions. In case of dispute it must be proved in any case, which version of the own terms was laid to a specific transaction basis and that the business partner was able to acknowledge the relevant version in a reasonable manner. The AGB-Archiv provides on two accounts for the necessary legal certainty! Terms stored in the archive are all secured with information on validity. They can neither be deleted nor changed by either the company or by a third party. Updated conditions are identified either by the period of validity or by an increased version number within a validity period. To set the Terms and Conditions into the portal only the respective registered company therefore would be authorized.
Accesses to the conditions are designed very simple for the business partner - either via a direct link to the corresponding (PDF) document or comfortable ways of searching. Without registration or other barriers, the stored Terms and Conditions can be viewed or downloaded, also in the provided languages.
Save money and be on the safe side!
A readable reference pointing to the AGB-Archiv in your contract agreement will suffice.
Answers to questions that arise typically....
How can my business participate as partner with this portal?
Under the menu item "participation" you will get the relevant information.
Is there a direct link to our Terms of Condition stored in this portal?
Yes, we would provide this link, in order for you to include it in your confirmation contract.
Is the reference to the terms and conditions on the internet really legally effective?
Yes, when it comes to domestic transactions between businesses or cross-border transactions between businesses, for which the German laws applies (BGB, HGB etc.) and agreed under the umbrella of the UN Sales Convention (CISG). For this purpose, the following jurisdiction:
(OLG Bremen, Urteil vom 11.Februar 2004, AZ 1 U 68/03)
For further questions, please contact:
ASB Informationstechnik GmbH
Telephone: 0203 / 93297-0
To protect your information in this portal, the following measures were taken:
The AGB-Archiv is located on a web server behind a high security firewall in the data center of our hosting partner in Germany. Only the administrators of the ASB Informationstechnik GmbH, as the operators of this platform, have an access with change authorisation. There is a daily backup of the archive contents. The backed up data will be stored separately from the web server in the data center of the ASB Information Technology GmbH. Besides pure data backup, regular checks of the integrity of the databases also takes place.
How to bring your conditions into this portal:
Please contact the ASB Informationstechnik GmbH either via the contact form or by phone. We will then inform you which basic data we need for setting up your Conditions (e.g. complete name, domestic business address, kind of terms and conditions, duration, etc.). Upon receiving payment and your terms and conditions (PDF format), we will immediately publish your terms and conditions in AGB-Achiv and provision an online download.
And the cost?
To deposit your conditions in this archive, will set you back only the amount of €150.00 per company *) for a year, and indeed including the version and language management for changes during the year.
Compare the savings potential to your enterprise!
*) E.g. AG, GmbH, KG, Registered Trader, Freelancer etc.
All prices are excluding tax (VAT) at the statutory rate.