General terms and conditions

1. General information

(1) The following terms and conditions shall apply exclusively to all deliveries and services from this contractual relationship. Stipulations and conditions of the user shall be non-binding even if TIMOCOM does not explicitly object to these. The offer of TIMOCOM is exclusively aimed at entrepreneurs as defined by § 14 of the German Civil Code (BGB) for use for commercial purposes.

(2) TIMOCOM reserves the right to change or supplement these Terms and Conditions at the end of each settlement period. TIMOCOM shall inform users about the change through an explicit reference on the invoice form or in the Marketplace. The consent to the changed terms and conditions shall be deemed granted by the user if they do not object to these immediately, but by no later than within 1 month of the notification. In the event of unconditional payment of the invoice consent is deemed granted.

(3) Explanations in relation to the contract, additions and amendments to the contract must be made in writing to be effective. The Parties agree that when a third person is authorised to use the Marketplace, the other party shall grant this user permission to receive and forward declarations of TIMOCOM.

(4) If people (e.g. users) are mentioned in this contract, the designation employed should be understood to apply to all forms (w/m/d).

2. Object of contract

(1) TIMOCOM shall make a right of use to a user platform (licence) available to the user against a remuneration to be periodically paid . The scope of the licence shall be dependent on the individual agreement. TIMOCOM may enable access to this user platform for the user at its own discretion either through software to be installed, a combination of user name and password, by web login or an interface with the existing hardware and software environment at the user. This Marketplace will be operated by means of servers connected to the internet, which can be accessed exclusively via an online connection. The transfer of all online services takes place at the router exit of the data centre hosting the platform.

Excepted are times during which the servers used by TIMOCOM are not available owing to technical reasons or other reasons, which cannot be influenced by TIMOCOM or TIMOCOM undertakes necessary service work on the servers to retain the contractual service with which interferences may be unavoidable with the access according to the status of the technology. TIMOCOM shall carry out maintenance work and upgrades that can be planned on workdays in the hours before 7:30 a.m. or after 6:00 p.m. (CET/CEST) and on full days on weekends. TIMOCOM can temporarily limit or interrupt the services if this is necessary to comply with official or legal requirements, to maintain system integrity or data protection.

(2) If TIMOCOM provides the user access to the Marketplace by means of software, this can be implemented at its own discretion, e.g. a download offer or via the App Store® of Apple®, Google Play™ etc. The downloading and installation of the software are not part of the service provided by TIMOCOM, but instead conducted independently by the user under his own responsibility. If access authorisation is granted via an online registration with user name and password or a web login, TIMOCOM shall reserve the right to apply certain requirements for the composition of a password, to combine personal access with a user e-mail address to be provided by the user or to use local security features, such as existing authentification techniques of the operating system of the user terminal.

(3) The selection, procurement and use of necessary hard- and software and remote data connections are carried out exclusively by the users and at their own risk. 

(4) TIMOCOM is entitled to make changes to its products as part of the further development and optimisation of its products insofar as the essential performance features are not limited by this.

(5) TIMOCOM can send the user alerts about offers, received messages or transactions via the Marketplace. It remains reserved for TIMOCOM to limit the number, display time and storage period for such messages.

3. The right of use

(1) The right of use granted with this contract shall only apply to the individually agreed scope, e.g. for a specific number of personal single accesses (accounts), transactions or an agreed data volume in the user's commercial enterprise at the location of the branch office referred to in the contract, whether independent or dependent, to the Marketplace and is not transferable to third parties or other branch offices or places of use. When using access authorisation via user name and password or web login, only one simultaneous right of use exists for an account at any one time, both in terms of terminal device and/or browser (competing licence).

(2) The right of use shall only apply to the input and query of trade-specific data in the normal course of business. The information provided must be true and has to be verified upon TIMOCOM's request. Revised or collected data shall be deleted unless there is a legal obligation to retain them. Usage of this data for the following purposes or contents in not permitted:
a) Unwanted messages, such as spam, mass enquiries, general advertising and general offers.
b) Illegal purposes, wrong information, deception or misleading.
c) Violation of rights, such as personal rights, intellectual property or third parties' private spheres.
d) Set-up of data collections, especially those that allow a profile of another user to be created.
e) Entry of program code that influences the functionality of a terminal device or this software.
f) Contents that, for example, impede, harass or damage TIMOCOM or third parties, such as calls for a boycott, chain letters, stalking, threats, insults, defamation, discrimination, hate statements, harm to business, remarks of a sexual nature, presentation of brutality, violence or nudity.
g) Offers to provide services for which the necessary government approval or permission does not exist, 
h) Contents that violate applicable law or offend against public morals or which the user is not authorised to transmit.

(3) The data made available by the Marketplace may be extracted exclusively through the existing export or print function. An automation of the use of the Marketplace, be it through an interface, third-party software, bots, scripts or other aids that deviate from the standard of commercially available browsers such as Chrome™, Firefox® or Microsoft Edge®, requires the written consent of TIMOCOM.

All TIMOCOM offers that grant unlimited use at a fixed price are subject to the fair use principle. Through this principle, TIMOCOM intends to preserve a fair and high-quality user experience for all users. TIMOCOM therefore reserves the right to take suitable measures to restrict a user’s right to use if the user utilises TIMOCOM’s resources through his personal behaviour in the use so that the just distribution of the available server capacities, bandwidth or memory space are affected negatively to not only insignificant extent. Such restrictions can be applied, e.g. by limiting the number of queries or transactions per minute in reference to a licence or by limiting the memory space.

(4) TIMOCOM reserves the right to interrupt the connection of a user to the Marketplace and to the automated deletion of data if this avoids or ends a violation of section 3 (2) of the law or good customs. The same applies if the existence of the software, an application or the Marketplace is endangered by the user from a technical point of view. If a user reports content to TIMOCOM which they consider to be unlawful, the report must be substantiated. After sending the report, the user receives a confirmation. The affected user who has posted the displayed content in the Marketplace will be informed that the content has been reported as unlawful by email to the address provided by the user. Both users will receive a notification of the decision by email once the review has been completed. The user concerned can object to the decision by replying to this email. This objection will be examined by the TIMOCOM Legal Department. The user concerned will be notified of the decision by email once the review has been completed. The user is free to take legal action against all decisions made by TIMOCOM under this paragraph before the competent court. In addition, users may lodge a complaint with the respective Digital Services Coordinator pursuant to Section 53 of the Digital Services Act for alleged violations of this Act.

(5) If the user does not comply with a contractual obligation, in particular the obligation according to section 3 (1), (2) or (8), section 4 (1), section 5 (2) or (4) or section 7 (2) or (3) or if the user is in default with the remedy of another contractual violation after a warning, TIMOCOM shall be released from its obligation to perform ("blocking"), but shall retain the right to the consideration. If a blocking due to one of the contractual violations by the user described in this section lasts longer than 14 days, the contract shall be deemed interrupted after this period.

(6) In any case of culpable breach of contract of subclause 3 (1) or (2), or subclause 5 (2), (4) or (5) the user must pay a contractual penalty consisting of the agreed fee for twelve months. Providing evidence of a lesser damage is subject to the user.

(7) The user has to notify TIMOCOM of any company-related amendment relevant to the company or trade register of the company immediately after applying for the amendment. This refers to changes in the legal form or address as well as to the exit or entry of persons authorised to represent who are registered in the company and trade register.

(8) The user is obliged to keep the permits, insurances, licences or registrations required for his activity and prescribed by law ready and up-to-date for submission to TIMOCOM. 

3a. The right of use - Company Search

(1) The company search feature allows the user, if agreed, the possibility to view existing company data of users of the Marketplace.

(2) The user can also enter his company data in the Marketplace for third parties to view and reference. The users receive access to the extended company data of third parties after creating their own extended company data.

(3) The data is offered for use to the customary extent during the normal course of business. Copying either the entire database or essential parts of it is forbidden under copyright law. The user is advised that the information published by them in the Marketplace, which may also contain personal data, may be retrieved by other users and stored by them. Beyond the contractual restriction, TIMOCOM has no possibility of exerting any actual influence on the storage, storage duration and utilisation by the user.

(4) The information is to be kept up-to-date. Should it come to TIMOCOM's knowledge that the information provided by the user is incomplete or incorrect, TIMOCOM can notify the user about this error. If the user fails to complete or correct the information within the next 7 days upon receipt of the notification from TIMOCOM, TIMOCOM is authorised by the user, but not obliged, to correct or complete the information in the user's name and liability according the official information of the company or trade register.

(5) Should subclauses (3) and (4) be breached, TIMOCOM reserves the right to block the user’s data as well as the user’s access to the company search function.

(6) The chargeable contractual relationship commences with the signing of the licence agreement by both Parties or with the confirmation by TIMOCOM in text form and may be terminated properly, stating the grounds, by either Party by serving 14 days notice to this effect to the end of a calendar month. The term of the contract is 1 month and is extended by 1 month if the contract is not terminated with orderly notice by either party.

3b. The right of use - freight and vehicle space applications

(1) The freight and vehicle space applications allow the user, if agreed, to enter the respective individual vehicle capacities and freight offers and to search in the offered vehicle capacities and freight, for international road transports via the Marketplace.

(2) The input must be completed, in simple writing without additional blanks or other characters that are solely suitable for emphasis and with the correct details in the designated input fields. TIMOCOM reserves the right to delete all data input that fails to comply with these criteria, and/or with the specifications outlined in clause 3 para. 2 automatically .

(3) The chargeable contractual relationship commences with the signing of the licence agreement by both Parties or with the confirmation by TIMOCOM in text form and may be terminated properly, stating the grounds, by either Party by serving 14 days notice to this effect to the end of a calendar month. The term of the contract is 1 month and is extended by 1 month if the contract is not terminated with orderly notice by either party.

3c. The right of use - routes and costs application

(1) The routes and costs application allow the user, if agreed, to transfer data for map display and route calculation online to the user. All map displays – just like all conventional maps – are subject to continuous change and never fully reflect current reality. TIMOCOM is therefore not responsible for assuring the accuracy of map displays and of other data. The service obligations of TIMOCOM are restricted to the provision, processing and displaying of data on behalf of the user.

(2) The data and information portrayed in the routes & costs application are sourced from third parties. TIMOCOM therefore reserves the right to withdraw from the contract in the event of incorrect or late self-delivery, unless the user is able to prove that TIMOCOM was to blame.

(3) When searing, the routes and costs application can prioritise destinations according to the city names or postcodes entered. That means that search results featuring different place names and multiple designations are possible. TIMOCOM is not responsible for the program automatically and correctly selecting the desired destination. Nor does TIMOCOM provide any assurance for the accuracy or completeness of related data, e.g. postal codes, street name details or other supplementary information. Maps are subject to continuous change in accordance with state-of-the-art technology. No guarantee is provided for details on the maps nor for their freedom from errors or their other properties.

(4) Map material and other related data (satellite images, toll information, traffic restrictions, POIs, etc.) are sourced from licensors. The maps, related data, and functionalities are copyright-protected and are the exclusive property of TIMOCOM and/or its licensors and partners, and are protected by international contracts and other national legislation in the country in which they are being used. TIMOCOM assures the user a non-transferable, non-exclusive sub-licence to use maps of the kind used in TIMOCOM products, solely for internal (in-house) use by the user. The user is not permitted to copy, dismantle, extract or change these maps, or to produce derivative products from them. The user is not permitted to extract the source code, source files or the overall structure of these maps either partially or in whole, or to attempt to do so, this prohibition being applicable to reconstruction, destruction, decompiling or in other ways. The user must not use these products to operate a service provision company nor for other purposes that include the processing of maps by other persons or entities. The user shall not receive any ownership rights, all of which remain in the possession of the licensors in their entirety. References to copyright, source details or an ownership provision must not be changed, concealed or removed.

(5) If third-party suppliers increase the prices to TIMOCOM that were in force when the contract was concluded, TIMOCOM reserves the right to increase the prices relating to chargeable licences to users accordingly. The price increase enters into force 4 weeks before the first of the month following receipt of the declaration. If the price increase for the use of the routes and costs application exceeds 10% within a calendar year, the user has an extraordinary right of termination that can be exercised within 2 weeks after notification of the price increase.

(6) TIMOCOM reserves the right, which it can exercise at its own discretion, to modify, extend, delete and re-categorise the map displays and data elements at any time, including the capabilities and specifications for map displays and map-related additional functions. TIMOCOM is not obliged to deliver or perform maintenance work, troubleshooting, corrections (patches), updates or improvements (upgrades).

(7) These End User Terms and Conditions (HERE Terms of Use) and Privacy Policy (HERE Privacy Policy) also apply.

(8) The contents and functions may not be used for integration into an existing system of a vehicle, including for sensor technology or for the automation of a vehicle's own functions.

(9) The chargeable contractual relationship commences with the signing of the licence agreement by both Parties or with the confirmation by TIMOCOM in text form and may be terminated properly, stating the grounds, by either Party by serving 14 days notice to this effect to the end of a calendar month. The term of the contract is 1 month and is extended by 1 month if the contract is not terminated with orderly notice by either party.

3d. The right of use - vehicle tracking feature

(1) The vehicle tracking feature grants the user access, if agreed, to the telematics functionality with which the user can transfer available radio or satellite-supported data of his own vehicles, such as position data of the Global Positioning System (GPS), from available tracking devices or sensor data of other vehicle systems to the Marketplace (hereinafter: Upload) have them displayed to himself without limitation and to other users of the Marketplace (hereinafter: Viewer) by way of temporary release. Similarly, the vehicle tracking function allows the viewer to display such data from telematics systems in other users' vehicles , once the view has been approved. A necessary component for the display of this data is a provider contract with a telematics provider for the upload, as well as a licence of the routes and costs application or a comparable suitable display tool for map displays, which is supported by the vehicle tracking interface of TIMOCOM.

(2) In cases where a user has agreed for a viewer to display these data on the telematics system in his vehicle, the user undertakes to assure the provision of this data throughout the agreed period of time continuously and in accordance with state-of-the-art technology. The user is directly responsible for the correct and timely transmission of data to TIMOCOM.

(3) The use and processing of data from telematics systems in third-party vehicles that are not rented or leased on a continuous basis by the user is prohibited, unless approval has been granted between 2 users of the Marketplace in the context of the approval procedure described in the preceding paragraph 1. An upload of telematics data from subcontractors who work for the user on a permanent or semi-regular basis is subject to the consent of TIMOCOM. In the event of a violation of this paragraph, TIMOCOM is authorised to block the provision of data to any affected telematics system.

(4) In particular, telematics data may be used only to coordinate the operations of detected vehicles and/or telematics systems in accordance with the purposes defined for this kind of service. It is not permissible to designate the enabled telematics systems in the context of this service provision with the actual names of real people (e.g. the name of the driver).

(5) The user shall inform all persons equipped with a telematics system prior to commencing use of the data about the consent granted for data processing by TIMOCOM, the type of data processed, the purpose and duration of the processing, the companies involved in the data processing as well as the possibility to terminate the data transfer.
Insofar as the laws applicable to the user require the consent of persons equipped with a telematics system, the user shall ensure that all necessary consents or any alternatives permitted under the applicable law (e.g. works agreements) are available in writing. The user is obliged to store all requisite supporting evidence for a period of two years after the end of the contract term and hand over the original documents to TIMOCOM on demand.

(6) In the event of the user infringing terms of that applicable data protection legislation, in particular against the preceding paragraphs 4 or 5, TIMOCOM is entitled to terminate the contract with the user with immediate effect. The user shall indemnify and hold TIMOCOM harmless from all claims arising out of or in conjunction with any failure to observe the requirements of data protection legislation in particular in respect of the preceding paragraphs 4 or 5 from the actions of the user.

(7) The chargeable contractual relationship commences with the signing of the licence agreement by both Parties or with the confirmation by TIMOCOM in text form and may be terminated properly, stating the grounds, by either Party by serving 14 days notice to this effect to the end of a calendar month. The term of the contract is 1 month and is extended by 1 month if the contract is not terminated with orderly notice by either party.

3e. The right of use - tenders application

(1) The tendering application allows the user, if agreed, to put out to tender fixed contracts in the transport and logistics sector to a target group to be selected by him (hereinafter: Tenderer), or to submit bids for a tender (hereinafter: Bidder). The tendering application allows the user to describe bids, to collect, process and transmit bids in preparation for the conclusion of a contract on his own responsibility.

(2) The right of use for the tendering party shall commence upon receipt of payment on the first invoice from TIMOCOM or by TIMOCOM granting access to the tendering application.

(3) A tender invitation is not a binding offer, but a request to submit bids and it does not establish an obligation to conclude a contract. The Party inviting tenders takes notice that a price quote respectively refers exclusively to the service subject of its tender invitation. An effective contract can only be established upon identical declarations of intend by the cargo service provider and the bidder.

(4) The bidders are bound to their submitted offer for 1 month after the term of the invitation to tender.

(5) TIMOCOM reserves the right to examine bids to tender for a maximum of 2 full working days from the date of entry, as well as bids from bidders for the legal validity, completeness and conclusiveness. An offer shall be seen as unlawful if it violates the law or any official bans, property rights of third parties or good morals. An offer shall be deemed incomplete if essential contractual parts or necessary information, concerning necessary permits or licences for the execution for example, are missing. An offer shall be deemed inconclusive if it has a prevailing advertising nature or it only concerns a single transport.

(6) If TIMOCOM determines, even if only subsequently, that paragraph 5 has not been complied with by the tendering company or bidder, TIMOCOM shall be entitled to delete, stop or not even publish the offer from the tendering application, but shall retain the right to the consideration.

(7) TIMOCOM reserves the right to publish only bids of a tendering company in the tenders application which has at least an average credit rating of a renowned credit information agency and for which no circumstances are known which specifically endanger the financial processing of the bids. An average credit rating corresponds with an index of more than 300 from Creditreform in Germany, a “B” from Euler Hermes Kreditversicherungs-AG or an “R” from Coface AG in Europe. If the credit rating of the company issuing the invitation to tender falls below this value or its equivalent during the term of the offer or if TIMOCOM becomes aware of circumstances that concretely endanger the subsequent payment of the tendered offers TIMOCOM can either end the offer as soon as they know of the deteriorated rating or suspend it until the limited credit rating has been cleared.

(8) TIMOCOM is entitled to transmit offers for a bid invitation or to evaluate a bid invitation step-by-step against the compensation of the claim existing for this bid invitation of TIMOCOM.

(9) TIMOCOM provides a special area for technical questions concerning a concrete bid invitation by potential bidders. TIMOCOM reserves the right to extend the deadline for tender by the period of time by which the period for answering is extended over the period of 1 working day. TIMOCOM also reserves the right to erase entries that contradict clause 3 paragraph 2 of these Terms and Conditions.

(10) The user is solely responsible for all information and bids provided by a user within the scope of an invitation to tender which TIMOCOM publishes or forwards via the tenders application. TIMOCOM does not provide any guarantee for this information or for the fulfilment of the contracts or confidentiality agreements that come about as a result of this, and does not itself become a contracting party. TIMOCOM does not guarantee the information and performance capability of the bidders, in particular if they have been invited at the request of the tenderer.

(11) TIMOCOM reserves the right to delete offers or not to forward offers from bidders, in case facts become known that could concretely endanger the efficiency of the bidder or legally or officially forbid carrying out the tendered service itself. TIMOCOM may also delete or disregard in the forwarding such offers of bidders who do not act in their own name and of their own account.

(12) The chargeable contractual relationship commences with the signing of the licence agreement by both Parties or with the confirmation by TIMOCOM in text form and may be terminated properly, stating the grounds, by either Party by serving 14 days notice to this effect to the end of a calendar month. Alternatively the contractual relationship can be founded upon an individual agreement and then ends automatically on conclusion of the bid period without requiring any formal kind of termination. The right of use of the bidder, who was invited to a bid invitation by the tendering company, shall end with the deadline for bid invitation with this requiring a separate termination otherwise with the right of use from the existing licence agreement.

3f. The right of use - warehouse application

(1) The warehouse application allows the user, if agreed, to offer warehouse capacities and to view offered warehouse capacities. Bids can be published via the Marketplace, via the publicly accessible TIMOCOM website as well as via other TIMOCOM platforms.

(2) Outdated data are to be deleted immediately. The input must be completed, in simple writing without additional blanks or other characters which are solely suitable for emphasis and with the correct details in the designated input fields. TIMOCOM reserves the right to delete all data input that fails to comply with these criteria, and/or with the specifications outlined in clause 3 para. 2 automatically .

(3) The chargeable contractual relationship commences with the signing of the licence agreement by both Parties or with the confirmation by TIMOCOM in text form and may be terminated properly, stating the grounds, by either Party by serving 14 days notice to this effect to the end of a calendar month. The term of the contract is 1 month and is extended by 1 month if the contract is not terminated with orderly notice by either party.

3g. The right to use – Closed Freight Exchange application

(1) The Closed Freight Exchange application allows the user to create their own closed groups within the Marketplace, if agreed. In such a Closed Freight Exchange, only users authorised by the initiator of such a group are entitled to enter individual vehicle capacities and freight offers and to search the vehicle capacities and freight offered there for international road transport.

(2) The selection and administration of authorised participants is the responsibility of the initiator of the respective group. To use and participate in the Closed Freight Exchange, it may be necessary to agree further licences.

(3) The chargeable contractual relationship commences with the signing of the licence agreement by both Parties or with the confirmation by TIMOCOM in text form and may be terminated properly, stating the grounds, by either Party by serving 14 days notice to this effect to the end of a calendar month. The term of the contract is 1 month and is extended by 1 month if the contract is not terminated with orderly notice by either party.

3h. The right of use - interfaces

(1) TIMOCOM can allow the user to connect existing third-party systems of the user with the Marketplace via interfaces.

(1.1) The freight exchange interface allows the user, if agreed, to exchange data between the user's existing transport management system software and the Marketplace.

(1.2) The tracking interface allows the user, if agreed, to exchange data between the user's existing software and the Marketplace. The data protection provisions of the tracking application apply accordingly to telematics data.

(1.3) The transport orders interface allows the user, if agreed, to exchange data between a third-party system used by the user and the Marketplace.

(1.4) The shipment tracking interface allows the user, if agreed, to exchange data between the user's existing transport management system software and the Marketplace.

(1.5) The company profiles interface allows the user, if agreed, to exchange existing company data of Marketplace users between an enterprise resource planning system or software with comparable functions available to the user and the Marketplace. TIMOCOM reserves the right to restrict the service with regard to the format, volume and amount of data. To use this interface, further licences for the Marketplace must be agreed.

(2) A graphic user interface is not included. To display the contents of the Marketplace, it may be required to agree further licences. The user shall ensure that all persons using the usage options of the interface are licensed with personal access within TIMOCOM's Marketplace. Without an agreed personal access, persons are not authorised to use the interface and the Marketplace, nor to be named as a contact for a specific transaction.

(3) The connection of the user's existing third-party system to the interface and thus to the Marketplace is the responsibility of the user. TIMOCOM can support the user for this purpose by providing a technical product description of the interface. The technical product description is not a part of this contract. It is not guaranteed that the technical product description is useful without previous technical know-how about interfaces.

(4) TIMOCOM intends to continuously develop its interfaces, which may also affect the backward compatibility of the interfaces. If the system is further developed, TIMOCOM will take the usual state of the art into account. Upon release TIMOCOM will inform the user of a new interface version accordingly. TIMOCOM will send the current technical description of the interface on request.
The user will migrate to the latest version of the interface upon written notice from TIMOCOM no later than 6 months after sending this notice.

(5) The connection of the user's existing third party system to the interfaces and thus to TIMOCOM's system is the sole responsibility of the user. He is responsible for creating the technical prerequisites for connecting his own third-party system to the modified interfaces. Both partners agree to implement the interface in a manner that is as robust and low-maintenance as possible. Adjustments and changes to the interface are made as compatible as possible by TIMOCOM in order to minimise the adjustments the user has to make.

(6) TIMOCOM will inform the user about the change in text form 6 months before deactivation of the previous interface.
If the user does not make necessary adjustments, it cannot be ruled out that the function cannot be used any longer. In this case TIMOCOM shall be released from the obligation to perform but shall retain the right to the consideration agreed upon. Deviations from the above mentioned reaction time may occur if legal requirements require implementation at an earlier point in time, if security adjustments are necessary to protect the user's or TIMOCOM's System or if error corrections are necessary to (re-)establish the warranted scope of services.

(7) The chargeable contractual relationship commences with the signing of the licence agreement by both Parties or with the confirmation by TIMOCOM in text form and may be terminated properly, stating the grounds, by either Party by serving 14 days notice to this effect to the end of a calendar month. The term of the contract is 1 month and is extended by 1 month if the contract is not terminated with orderly notice by either party.

3i. The right of use for the "document management service"

(1) The Marketplace grants the user, if agreed, access to the "Document Management Service” (hereinafter: DMS) with which he transfers his own documents via the Marketplace (hereinafter: Upload) and make them available for other users to view. TIMOCOM reserves the right to restrict the service with regard to the format, volume and number of documents. When uploading, it is recommended to take into account the documents required for the respective activity and prescribed by law. 

(2) The documents uploaded by the user will be stored in the EU in encrypted format. Data retrieval occurs via a download by the authorised user, whereby the rights to these documents remain with the transferring user.

(3) The DMS is not a substitute for an electronic data archive. In particular, TIMOCOM does not store the documents in an auditable manner for an unlimited period. The user shall bear sole responsibility for compliance with any retention obligations concerning messages. On expiry of the right of use, the user must expect the documents that he/she has uploaded to be deleted without further announcement.

(4) The chargeable contractual relationship commences with the signing of the licence agreement by both Parties or with the confirmation by TIMOCOM in text form and may be terminated properly, stating the grounds, by either Party by serving 14 days notice to this effect to the end of a calendar month. The term of the contract is 1 month and is extended by 1 month if the contract is not terminated with orderly notice by either party.

3j. The right of use - transport orders application

(1) The transport orders application allows the user, if agreed, to upload, process, send and display declarations and documents to document and support the conclusion of a transport contract with another contracting party. For this purpose, the user of the Marketplace can create templates, edit forms, comment on statements and save them. TIMOCOM can provide the user with transactions to date in the form of summaries.

(2) Other parties to the contract can be users of the Marketplace as well as external contacts to be created by the cargo service provider itself. Such an external contact will not obtain its own right to use the Marketplace through the transmission of documents or declarations.

(3) For technical reasons, certain data may be preset in forms. The default setting does not represent a recommendation by TIMOCOM. The user will adjust these data to his needs in his own responsibility. Headings and descriptions within a form can be influenced by the individual language settings of the user in the Marketplace, which is why declarations can differ between sender and receiver. Headings and descriptions within forms, as well as their translations, are simply there to make life easier for the user, and are non-binding wording suggestions from TIMOCOM. The users must agree on their own as to the interpretation of these terms in headings and descriptions within forms. The presetting for the document labelled as "binding" is the language setting of the person creating the form.

(4) The user is aware that by submitting matching declarations regarding the essential elements of a transport within the transport orders application, an effective contract between the parties with the confirmed rights and obligations is concluded.

(5) TIMOCOM can help users comply with retention requirements. TIMOCOM can collect, save, and process the data required for the transaction for a duration of up to 10 business years. Responsibility for compliance with any retention requirements remains solely with the user. TIMOCOM provides an export function for this data in order to allow the user to retain it separately. TIMOCOM retains the right to limit the memory capacity used to save transactions in accordance with clause 3.3 of these terms and conditions. Any memory capacity required above and beyond this amount must be agreed to separately. In the event that a user requests access and/or surrender of this saved data after the license agreement has come to an end, TIMOCOM has the right to only grant said access, or surrender the data, after an appropriate reimbursement of expenses has been made, and after any open requirements from this licensing agreement are completed.

(6) The chargeable contractual relationship commences with the signing of the licence agreement by both Parties or with the confirmation by TIMOCOM in text form and may be terminated properly, stating the grounds, by either Party by serving 14 days notice to this effect to the end of a calendar month. The term of the contract is 1 month and is extended by 1 month if the contract is not terminated with orderly notice by either party.

3k. The right of use - digital transport initiation

(1) The digital transport initiation allows the user, if agreed, to send a price proposal and comments on it to a provider of a freight offer within the Marketplace.

(2) The price proposal is based on the information provided in the offer and represents a basis for negotiation for the conclusion of a specific forwarding contract. The proposal shall be subject to a commitment period to be selected, after the expiry of which it shall be left to the parties to decide whether to continue the negotiations if an agreement has not already been reached. Within the time limit, the user is bound to their price proposal. For the provider of a freight offer, the receipt of a price proposal is non-binding.

(3) For technical reasons, certain data may be preset in forms. The default setting does not represent a recommendation by TIMOCOM. The user will adjust these data to his needs in his own responsibility. Headings and descriptions within a form can be influenced by the individual language settings of the user in the Marketplace, which is why declarations can differ between sender and receiver. Headings and descriptions within forms, as well as their translations, are simply there to make life easier for the user, and are non-binding wording suggestions from TIMOCOM. The users must agree on their own as to the interpretation of these terms in headings and descriptions within forms. The presetting for the document labelled as "binding" is the language setting of the person creating the form.

(4) If the Customer accepts the proposal, a binding contract shall be concluded in accordance with section 3j) (Transport orders).

(5) The chargeable contractual relationship commences with the signing of the licence agreement by both Parties or with the confirmation by TIMOCOM in text form and may be terminated properly, stating the grounds, by either Party by serving 14 days notice to this effect to the end of a calendar month. The term of the contract is 1 month and is extended by 1 month if the contract is not terminated with orderly notice by either party.

3l. The right of use - shipment tracking

(1) The shipment tracking application allows the user, if agreed, to exchange extended information on a shipment with other authorised users in the Marketplace within the scope of a transport order. For this purpose, status information, documents and GPS and, if necessary, other data can be recorded, updated and shared. The user can send involved third parties information on a shipment for viewing.

(2) To use the application and display the contents of the Marketplace, it may be necessary to agree further licences.

(3) TIMOCOM can display to the user information on a shipment at its own discretion within or outside the Marketplace. Any information on the shipment provided automatically by TIMOCOM, its subcontractors or third party providers on the basis of the user's details is non-binding. 

(4) Shipment tracking is not a substitute for an electronic data archive. In particular, TIMOCOM does not store the information in an auditable manner for an unlimited period. The user shall bear sole responsibility for compliance with any retention obligations. On expiry of the right of use, the user must expect the information uploaded to be deleted without further announcement.

(5) The user shall inform all persons concerned prior to commencing use of the data about the consent granted for data processing by TIMOCOM, the type of data processed, the purpose and duration of the processing, the companies involved in the data processing as well as the possibility to terminate the data transfer.
Insofar as the laws applicable to the user require the consent of persons concerned, the user shall ensure that all necessary consents or any alternatives permitted under the applicable law (e.g. works agreements) are available in writing. The user is obliged to store all requisite supporting evidence for a period of two years after the end of the contract term and hand over the original documents to TIMOCOM on demand.

(6) In the event of the user infringing terms of that applicable data protection legislation, in particular against the preceding paragraph 5, TIMOCOM is entitled to terminate the contract with the user with immediate effect. The user shall indemnify and hold TIMOCOM harmless from all claims arising out of or in conjunction with any failure to observe the requirements of data protection legislation in particular in respect of the preceding paragraphs 5 from the actions of the user.

(7) The chargeable contractual relationship commences with the signing of the licence agreement by both Parties or with the confirmation by TIMOCOM in text form and may be terminated properly, stating the grounds, by either Party by serving 14 days notice to this effect to the end of a calendar month. The term of the contract is 1 month and is extended by 1 month if the contract is not terminated with orderly notice by either party.

3m. The right of use - tour planning

(1) The Tour Planning application allows the user, if agreed, to view their tours and transport orders in a calendar view. It acts as a dispatch support tool for the user, as shipments can be connected to their vehicles and drivers. 

(2) The Tour Planning application does not check whether the tour complies with any potential framework conditions, such as, as an example, compliance with mandatory breaks, or whether or not the tour is actually possible as listed.

(3) The Tour Planning application includes the My Tours feature, which allows a user to create a driver’s account for the purpose of exchanging data, and which can be used to transfer information that affects transports or specific tours if required. This driver’s account may include information on the driver, such as their name and contact information. After registering, the driver can view the information transferred to them, and also upload information such as shipment status, documents, GPS data or pictures of a shipment.

(4) To use the application and display the contents of the Marketplace, it may be necessary to agree further licences. To exchange information, the users will require end devices that can access the internet, and may also need to use software from third parties, such as messenger services, e-mail programs or browsers.

(5) The application is not a substitute for an electronic data archive. In particular, TIMOCOM does not store the information in a form that can be audited or for an unlimited period of time. The user shall bear sole responsibility for compliance with any retention obligations concerning messages. On expiry of the right of use, the user must expect the information that he/she has uploaded to be deleted without further announcement.

(6) The user shall inform all persons concerned prior to commencing use of the data about the consent granted for data processing by TIMOCOM, the type of data processed, the purpose and duration of the processing, the companies involved in the data processing as well as the possibility to terminate the data transfer.
Insofar as the laws applicable to the user require the consent of persons concerned, the user shall ensure that all necessary consents or any alternatives permitted under the applicable law (e.g. works agreements) are available in writing. The user is obliged to store all requisite supporting evidence for a period of two years after the end of the contract term and hand over the original documents to TIMOCOM on demand.

(7) In the event of the user infringing terms of that applicable data protection legislation, in particular against the preceding paragraphs 6, TIMOCOM is entitled to terminate the contract with the user with immediate effect. The user shall indemnify and hold TIMOCOM harmless from all claims arising out of or in conjunction with any failure to observe the requirements of data protection legislation in particular in respect of the preceding paragraphs 6 from the actions of the user.

(8) The chargeable contractual relationship commences with the signing of the licence agreement by both Parties or with the confirmation by TIMOCOM in text form and may be terminated properly, stating the grounds, by either Party by serving 14 days notice to this effect to the end of a calendar month. The term of the contract is 1 month and is extended by 1 month if the contract is not terminated with orderly notice by either party.

3n. The right of use - my vehicles

(1)The My Vehicles application allows the user, if agreed, to enter their own vehicles and characteristics of said vehicles into the Marketplace, including information such as type of vehicle, type of body or equipment. This information can be shared with other applications and used there. To use the application and display the contents in the Marketplace, it may be necessary to agree further licences.

(2) The application is not a substitute for an electronic data archive. In particular, TIMOCOM does not store the information in a form that can be audited or for an unlimited period of time. The user shall bear sole responsibility for compliance with any retention obligations. On expiry of the right of use, the user must expect the information that he/she has uploaded to be deleted without further announcement.

(3) The chargeable contractual relationship commences with the signing of the licence agreement by both Parties or with the confirmation by TIMOCOM in text form and may be terminated properly, stating the grounds, by either Party by serving 14 days notice to this effect to the end of a calendar month. The term of the contract is 1 month and is extended by 1 month if the contract is not terminated with orderly notice by either party.

3o. The right of use - ratings feature

(1) The ratings feature allows the user within the Marketplace to submit a rating of the contractual performance of another user after completion of a transaction. 

(2) The rating may be made by both users of a transaction vis-à-vis the other user, provided that the transaction is completed and not cancelled. The submission of a rating is required from the delivery date agreed in the transport order and up to 44 days after the expiry of a payment term specified in the transport order, but no later than the expiry of the 104th day after the delivery date. TIMOCOM reserves the right to open the rating period of 44 days for both sides even later if a transaction between users is documented towards TIMOCOM in another way. After expiry of the time limit, the respective rating is transferred to the user's rating profile.

(3) Contents of the rating are exclusively opinions of the users who have submitted the respective rating and in no way reflect the opinion of TIMOCOM, nor does TIMOCOM adopt these opinions. In particular, the rules of section 3 paragraph 2 of these GTC for lawful and fair dealings with each other shall apply.

(4) TIMOCOM can provide a suitable form for the rating at its own discretion, e.g. as a number of stars to be awarded for the quality of the service component to be rated, whereby a rating of 1 star stands for an insufficient performance and 5 stars for a very good performance. TIMOCOM can, at its own discretion, determine suitable categories of performance components for ratings, e.g. compliance with agreements, communication, accessibility, or also specific characteristics for contractors or customers of a transaction such as punctuality, handling of the goods, provision of documents or payment morale.

(5) As soon as several transactions have been carried out and rated, TIMOCOM can display an average value of the submitted ratings of a user in the Marketplace to their company. The display can consist of several parts, e.g. an average of the rated performance categories, number of different evaluators or differentiated by customer or contractor rating. If at least one service component of a transaction is rated, it can be displayed in a user's profile.

(6) Each user may once request the revision of a rating by the other user. The recipient of such a request for revision may revise their submitted rating within 7 days. After that time, it can no longer be revised. A justification shall be provided for the revision request. A rating cannot be downgraded in the context of the request for revision.

(7) Ratings are generally not changed or deleted by TIMOCOM unless one of the following exceptions applies:
- a user has not responded to a request to revise a rating and there is an enforceable court order against the user to change the rating.
- both users concerned agree that the rating in question should be deleted from a joint transaction.
- a material change has taken place at the user, such as a change in management or ownership, or
- official restructuring, insolvency or liquidation proceedings, or a procedure similar to these proceedings, have been initiated. A rating may be temporarily blocked from a user's profile provided that the user demonstrates by appropriate evidence, e.g. court certification of a file number, that legal proceedings have been instituted between the parties.

(8) Should a user repeatedly violate the regulations of this section, TIMOCOM can permanently restrict their authorisation to rate other users.

3p. The right of use - Business Partner Check

(1) The Business Partner Check app allows the user to have an additional check carried out on certain of their own company documents. Once the check has been successfully completed, TIMOCOM adds a visible ‘Checked Company’ attribute to the user’s company profile. This attribute refers exclusively to the reviewed documents and does not contain any statement or assurance regarding any other attributes or characteristics of the user.

(2) Please note: a verification process with a positive conclusion does not represent an assurance or guarantee that the person with whom a user makes contact is the same person that is named in the company documents, or who is listed as an authorised representative. There is also no guarantee that the person with whom a user makes contact has any relationship whatsoever to the company named in said documents, or that their identity matches that of the purported sender of said documents. Information that is not taken from official sources originates from the company itself. TIMOCOM assumes no liability for the accuracy or timeliness of this information.

(3) TIMOCOM reserves the right to establish, at its own discretion, the type and number of checks per user. The respective document can be checked, for example, by a visual inspection, a manual or automatic evaluation of certain technical document data or a comparison with other sources or documents.

(4) The user acknowledges that the presence of the ‘Checked Company’ attribute is not a substitute for the commercial due diligence required in each individual case. The user is responsible for taking the necessary and appropriate measures to meet the specific conditions of his requirements.

4. The fee for use

(1) The fee for use is due in advance at the beginning of the period of use and should be received by TIMOCOM by no later than by the third working day of the respective time period. Invoices for additional services provided by TIMOCOM are due immediately. All payment costs shall be borne by the user with the exception of the legal regime for SEPA payments. Unless otherwise expressly agreed, TIMOCOM is entitled to create and to transmit invoices electronically. If the user does not provide a suitable e-mail address for this purpose or if the user wishes to receive a paper invoice with supporting documents, the additional expenditure actually incurred shall be charged.

(2) A right of the user to offset or retain his payments owing to counter-claims is excluded unless for undisputed counter claims or counter claims which have been declared final and binding.

(3) In the event that a user who has been granted a discount by TIMOCOM for a particular billing period due to an advanced licence fee payment, terminates the contract or part of the contract before the end of this billing period, the discount applied will be retrospectively cancelled. The same applies if the termination is carried out by TIMOCOM due to important reasons.

(4) TIMOCOM is entitled to increase the price of the agreed licence annually to a reasonable extent, provided that no price guarantee was explicitly agreed for the respective period. TIMOCOM will announce the price increase in writing giving 4 weeks notice. If the price increase exceeds 5% compared with the same period during the previous year, the customer has the right to terminate the contract within 14 days from the day the new price applies. Non-application of a discount or expiry of a special time-restricted agreement is not a price increase as defined in this clause. If TIMOCOM does not exercise the right to increase prices once or several times this does not mean that it waives the right as such. Advance payment does not grant any price guarantee for the period paid for in advance.

5. Neutrality, property rights, confidentiality

(1) The licence grants the user access to the Marketplace in addition to other users without entitlement to preference over other users. TIMOCOM is a neutral party in regards to the relationship between shippers, logistics service providers, freight forwarders and transport companies

(2) This licence agreement does not authorise the granting of sub-licences or the passing on to third parties of the data or usage possibilities obtained through the Marketplace, in particular the use of the software used in the Marketplace (hereinafter: Software) for own IT property rights. The software and its source code are copyright protected and the exclusive property of TIMOCOM and its licensors. They are furthermore protected by international agreements and other national legislation in the country in which they are used.

(3) TIMOCOM may use open source software in its products which may be subject to its own licence conditions. TIMOCOM shall provide an overview upon request.

(4) The user is not entitled to regular advice concerning software technology, to subsequent delivery of updates or further data carriers and in particular to the right of the source code; to reverse engineer, disassemble or alter the software. The user is prohibited from using the software for further developments of software technology, changed versions or for preparing copies for the benefit of third parties, also of other users. Each use beyond this, albeit through copies, through parallel or alternating use on various workplaces or for the benefit of various trade enterprises and/or branches requires the written agreement of additional licences against payment of a fee. Use of a single access from the registered residence of the authorised user is included in the web login licence.

(5) The user transfers data to TIMOCOM's System within the scope of the cooperation. This includes address and contract data and GPS coordinates. Based on this information it could be possible for TIMOCOM to draw conclusions about specific business and customer relations of the user, e.g. to identify certain customers. Such information shall be considered as business secrets and shall be treated as confidential, even if it is not marked as confidential.
In compliance with legal regulations, data may be utilised for statistical purposes and to enhance our own customer products. TIMOCOM will not use the data collected via the Marketplace to develop a competing activity as a logistics service provider, freight forwarder or transport company.

6. Warranty and liability

(1) Details in product descriptions, brochures and user information made available by TIMOCOM are non-binding recommendations. A further liability by TIMOCOM is excluded. TIMOCOM in particular does not assume any warranty for the actuality, accuracy and completeness of the data entered by the other users nor for the compatibility of the Marketplace with the user's IT environment or with used remote data connections. The user has acknowledged that complex online offers such as the Marketplace can never be free of all errors according to the state of the art. TIMOCOM therefore guarantees neither the complete freedom from errors, nor a certain availability, but only that no software defects occur in the Marketplace, through which the contractually agreed usability is not only insignificantly impaired. TIMOCOM will use commercially reasonable efforts to make the Marketplace available without significant disruption.

(2) The establishment of hyperlinks and the information on third-party websites accessible via hyperlinks from the TIMOCOM homepage and platforms are not part of the contractual services. Neither do they serve to describe the contractual service obligations in more detail. The hyperlinks or the pages that are accessible through these hyperlinks are not constantly controlled so that TIMOCOM does not assume any liability for their contents or accuracy.

If the customer chooses to enable, access or use any third-party products, applications, services, software, networks, systems, directories, websites, databases or information (collectively, "Third-Party Products"), the Customer's access to and use of such Third-Party Products is subject to the terms, disclaimers and policies of the applicable Third-Party Provider. TIMOCOM does not endorse, is not responsible or liable for, and makes no representations regarding any aspect of such third-party products. TIMOCOM cannot guarantee the availability (or continued availability) of third-party products. TIMOCOM shall not be liable for any damage or loss actually or allegedly caused by or in connection with the activation, access to or use of such third party products by the customer or by the customer's reliance on the privacy practices, data security processes or other policies of such third party products. The customer irrevocably waives any claims against TIMOCOM in relation to such third-party products. "Embedded Components" means third party products, applications, services, software, networks, systems, directories, websites, databases and information obtained or derived from a third party source outside of TIMOCOM and made available to the customer in the Marketplace.

(3) TIMOCOM shall not be liable for damages that various users inflict upon each other, albeit through the loss or transmission faults of data or in any other manner. TIMOCOM shall not be liable for harmful software or program codes (viruses, trojans, worms, etc.) that are transferred to the Marketplace by users or are transmitted in their offer attachments or descriptions and spread from these. The user shall be directly liable for the fact that he does not transmit such harmful software.

(4) TIMOCOM is neither a contractual partner nor mediator for a contract concluded with the help of the Marketplace or messenger of a declaration which is relevant in this respect. TIMOCOM therefore in no way guarantees the proper execution of the agreed contracts between the users or the achievement of economic success, or to be able to prevent unauthorised access to data from authorised products. The user shall examine with his own obligation to show care the accuracy of the data and information transmitted to him by third parties. Messages from users that are sent or displayed via the Marketplace do not represent TIMOCOM's declarations or opinions, nor does TIMOCOM agree to these or make them its own. TIMOCOM does not warrant that a message or notice sent via the Marketplace reaches its destination or is received and read by the addressed user. Likewise, it is not guaranteed that the person stated as the sender or recipient of a message or notice actually corresponds with the person sending or receiving it.

(5) The user indemnifies TIMOCOM from all liabilities, which are incurred due to the fact that the user does not use the Marketplace as intended according to this contract. TIMOCOM shall accordingly conclude the same agreements with other users and assigns if applicable (after the primary satisfaction of own claims for damages of TIMOCOM) possible existing claims for damages against other users to the user in order to cover damages. The user further indemnifies TIMOCOM from all claims and penalties on the part of other users, authorities or other third parties, which arise due to the fact that the user offers or provides services using the Marketplace, for which the user does not have or does not sufficiently have the required permits, insurances, licences, etc. or cannot prove such within 1 week upon request by TIMOCOM. This also includes the costs for an appropriate legal defence. TIMOCOM will inform the user immediately in case of such a claim.

(6) The risk of non transmission or false transmission of data shall pass to the user as soon as the data has left the sphere of influence of TIMOCOM.

(7) The liability limitations or exclusions in this contract for damages of the user do not apply in cases
a) of intentional or grossly negligent causation by TIMOCOM or its vicarious agents,
b) of culpable violation of an essential contractual obligation by TIMOCOM or its vicarious agents, which is to be granted according to the meaning and purpose of the concrete contract or the fulfilment of which enables the proper execution of the contract in the first place and the compliance with which can be regularly trusted,
c) of the legal liability of TIMOCOM independent of fault, such as the product liability law, granting of a guarantee, or
d) of the legal liability for injury to life, body or health of a person by TIMOCOM or its vicarious agents.
(8) If the user is an entrepreneur, the liability of TIMOCOM is limited to the contract-typical damage foreseeable at the time of the conclusion of the contract as follows:
a) in the cases of the above paragraph 7 a) in the case of gross negligence of simple vicarious agents,
b) in the cases of the above paragraph 7 b) in the case of simple negligence.
TIMOCOM is only liable for the loss of data, programs and their recovery through the use of the Marketplace in the cases of the above paragraph 7 lit. a) and b) insofar as this loss could not have been avoided by the user through appropriate precautionary measures, such as regular data backup.

(9) Components of the Marketplace designated as 'BETA' or 'BETA version', ‘prototype’ or ‘TIMOCOMLabs’ (‘BETA component’) always constitute incomplete products in respect of their use on an everyday basis which, while it may include all major functions, may be subject to limitations in respect of performance, compatibility and stability as experience shows that not all hardware and software environments or usage behaviour can be simulated before publication. TIMOCOM therefore only provides such BETA components of the Marketplace for non-binding test purposes, for which user experience reports are required. No assurance can be given in respect of productive properties or of freedom from serious defects. The user recognises that TIMOCOM cannot be held liable in this respect, nor for any usage downtime on the system, loss of data, defects and secondary damage resulting from such defects, nor for any loss of earnings. Prior to installation and usage of a BETA component of the Marketplace, the user must carry out a complete backup of his local system, including data. TIMOCOM reserves the right to withdraw or discontinue such a component at any time at its own discretion and without prior notice.

(10) The user shall bear sole responsibility for the use of his/her login and the data transmitted to the Marketplace, refrains from any abusive use and attempts to gain unauthorised access to information him/herself or by means of a third party, as well as from interfering with the Marketplace's systems. In such cases, the user shall bear all incurred costs, including any expense that arises for TIMOCOM as a result of inspecting the facilities and/or any costs attributable to faults and defects for which the user is responsible. The user must inform TIMOCOM without delay about access opportunities for unauthorised third parties, other known or suspected violations of data security, or alleged claims of third parties against his use of the Marketplace or against TIMOCOM by the user and must conduct all other relevant cooperation performances immediately and free of charge for TIMOCOM, in particular if requested to do so by TIMOCOM and the necessary measures do not exceed a reasonable effort to enable an effective legal defence.

(11) The user guarantees TIMOCOM that the employees used by him or persons working for him are employed according to the respective applicable legal conditions and releases TIMOCOM from any liability, possible penalties and reasonable expenses for legal defence in this respect. The user assures TIMOCOM that he will provide his services at any time in compliance with the applicable law and will immediately prove this by suitable evidence upon TIMOCOM's request.

(12) All claims for damages from this paragraph against TIMOCOM, which are based on defects of the Marketplace, expire after one year from the granting of the licence. All other claims for damages shall expire 2 years after they arise. In case of intentional or grossly negligent behaviour of TIMOCOM, the legal provisions apply.

7. Complaints

(1) If TIMOCOM receives information about a user according to which the user has culpably violated its obligations under a freight contract, this contract or any other applicable law (hereinafter: Complaint) TIMOCOM shall be entitled but not obliged to forward these complaints with or without naming the complainant to the affected user or, after hearing and examining the complaint, to other users.

(2) The user against whom the complaint is directed (hereinafter: person concerned) shall be obliged to immediately, but at the latest within one week after receipt of the notification of the complaint, comment in writing to TIMOCOM on the content of the complaint and to remedy the complaint, or at least to justify the possibly longer time required for the comment.

(3) If the affected Party does not succeed in his statement in invalidating the allegation made in the complaint of a breach of duty TIMOCOM is entitled – however not obliged – to request the user to remedy the complaint within one further week. The limited request for remedy is not necessary if this is not deemed reasonable for TIMOCOM according to the circumstances.

(4) The rights from the aforementioned para. 2 and 3 in conjunction with the right to blocking or termination shall exist solely in the interest of TIMOCOM. If TIMOCOM does not exercise these rights, a liability towards the other users is excluded.

(5) TIMOCOM is not obliged to examine complaints it receives.

(6) The user designates a qualified contact person who is authorised to make all contractual decisions and to receive and make declarations. TIMOCOM is entitled but not obliged to reject declarations of other persons from the user's company.

8. Extraordinary termination, duration of the licence, general provisions

(1) The duration of the right of use shall be based on the individually agreed licence. A reciprocal immediate period of notice shall apply during a free test phase.

(2) Each party is entitled to terminate this contract without observing a period of notice if they have an important reason. An important reason for an extraordinary termination by TIMOCOM shall exist in particular if:
a) the user becomes insolvent or there is a threat of insolvency,
b) the opening of insolvency proceedings on the assets of the user has been rejected due to lack of assets or the user must make a declaration in lieu of an oath,
c) the user culpably breaches provisions of these terms and conditions which jeopardise the achievement of the purpose of the contract or which entitle the user to block access in accordance with clause 3 para. 4 or 5,
d) the user is in default with an amount corresponding to a usage fee for one month for a period of more than 14 calendar days or at least 2 consecutive payment dates
e) the shareholder relationships of the user's company change by 25% or more or the user is legally represented by other persons, in each case in relation to the status at the time of conclusion of the contract.
f) the user, his legal representatives or companies affiliated with him enter into competition with TIMOCOM.

(3) The right of use shall apply from activation by TIMOCOM and end at the same time as the contractual relationship.

(4) With the end of the contract the user must delete all software obtained from TIMOCOM and installed at the user without delay, subject to exclusion of all rights of retention and must refrain from all use of the Marketplace. By the same token, the user must thereafter discontinue further data delivery to a possibly agreed interface.

(5) If the user is an entrepreneur, a legal entity under public law or a special fund under public law within the meaning of § 310 paragraph 1 sentence 1 of the German Civil Code (BGB) or has no general place of jurisdiction in Germany, Düsseldorf is agreed as the place of performance and jurisdiction. German law shall apply under the exclusion of the UN convention on the international sale of goods.

(6) If TIMOCOM supplies the user with translations of this contract or of components of the contract, only the German language version shall be binding in the sense of legally enforceable in cases where a translation contains contradictions or deviations to the meaning of the German language version.

(7) Should individual provisions of these terms and conditions be invalid then this shall have no effect on the validity of the other provisions. The invalid provision shall be replaced by a valid regulation which shall, as far as possible, correspond with the intention of the invalid provision.

9. Data protection

(1) The user agrees that TIMOCOM shall process his technical data for the purpose of his identification and attribution, data security and improvement of data transmission. Depending on the terminal device, this may include anonymous data such as the operating system used, screen resolution, browser, processor ID and speed and physical memory, as well as data which may be personal, such as IP and MAC address, device ID, domain DNS, installation path, user ID, language settings, cookies and telematics data.
When setting up and using the Marketplace by the user, TIMOCOM processes personal data such as the name of the user, title, e-mail address, contact data, assignment to a user company and specified language skills, entries, messages, as well as information which a user makes available to third parties in his profile or when using the application possibilities of the Marketplace. This data is used by TIMOCOM for the following purposes:
- Provision and maintenance of the agreed service
- Execution of the transactions initiated by the user
- Verification of the user's identity
- Ensuring compliance with these terms of use
- Fulfilment of legal obligations or enforceable official or judicial requirements.
The retention period for this data depends on the duration and purpose of the respective contract, unless there are overriding interests of the processing entity or legal retention obligations.

(2) The user declares that he agrees that TIMOCOM shall process his business data for the purpose of concluding the contract and the contractual processing and shall obtain information from well-known credit agencies about them.

(3) The user agrees that TIMOCOM may process and communicate personal data to subsidiaries or partner companies in order to deliver upon the licence contract or upon user-related service orders. These are subject to change and are currently:
TIMOCOM SAS, 153, Boulevard Haussmann, FR-75008 Paris;
TIMOCOM Logistica SL, Avenida Riera Principal, 8, ES-08328 Alella/Barcelona;
Hock R. Kft, Malom u. 7., HU-8000 Székesfehérvár;
TIMOCOM sp.z.o.o., ul. Powstańców Śląskich 15, PL-PL-53-332 Wrocław;
DPN CZ Team s.r.o., CPI City Center, Špitálské nám. 3517/1a, CZ-400 01 Ústí nad Labem;
Ticonex GmbH, Bessemerstr. 10, DE-40699 Erkrath;
Timocom NG GmbH, Timocom Platz 1, D-40699 Erkrath.

These companies process user data solely on behalf of, and on the basis of instructions issued by, TIMOCOM and are obliged by TIMOCOM to comply with applicable data protection legislation. The communication of personal data to third parties can also occur in cases where legislative requirements and/or enforceable public authority or court orders apply and to prevent or combat criminal acts or infringements of these licence terms and conditions. Data that does not refer to personal identity, e.g. anonymised data or data that is intended for third parties in order to fulfil the purpose of the contract may be processed by TIMOCOM and be transmitted to third parties.

TIMOCOM has taken precautions through technical protective measures and corresponding contractual regulations with each user to ensure that the data of the Marketplace is not used for purposes other than those specified in this contract or forwarded to third parties. According to the current state of technology, it is currently not possible to achieve 100 per cent certainty that a user will not nevertheless pass on data to third parties in breach of contract. The user takes note of this circumstance and will inform TIMOCOM immediately in case of becoming aware of such an incident.

(4) The user has vis-à-vis TIMOCOM at any time the right to receive information free of charge about his saved personal data, as well as a right to correct or delete the data, or limit processing of said data or object to processing of said data, as well as a right to view your data in the event that the relevant data protection requirements have been met. Users may submit questions about their rights, make a declaration of revocation or limit the processing of personal data at any time to:

TIMOCOM GmbH
Data Protection Officer
Timocom Platz 1
40699 Erkrath
e-mail: datenschutz(at)timocom.com

Such revocation or limitation shall not affect the existence of the contract or the user's payment obligations. The user acknowledges that as a result of such revocation or limitation TIMOCOM may no longer be able to continue to provide the use of the Marketplace.

At the same time the user has the right to lodge a complaint with the supervisory authority responsible for TIMOCOM. This is the North-Rhine Westfalia State Data Protection and Freedom-of-Information Officer: www.ldi.nrw.de/metanavi_Kontakt/

(5) The user is responsible for ensuring that the Marketplace is used in accordance with applicable data protection legislation. The user undertakes, when processing data by means of the Marketplace, to comply with all relevant data protection requirements in accordance with applicable legislation. The user indemnifies TIMOCOM against all claims resulting from or in conjunction with any failure to comply with data protection, contractual or other legal provisions.

(6) The user shall inform all persons affected by the use of the Marketplace before they start using it of the consent granted to TIMOCOM to process data, the type of data processed, the purpose and duration of the processing, the companies involved in the data processing as well as the possibility to terminate the data transfer. To the extent that legislation applicable to the user obliges him to obtain the consent of all persons affected by the Marketplace, the user shall ensure that all required consents or legally permissible alternatives (e.g. company agreements) are available in written form. The user is obliged to store all requisite supporting evidence for a period of two years after the end of the contract term and hand over the original documents to TIMOCOM on demand.

(7) TIMOCOM points out that according to § 31 of the German Data Protection Act (Bundesdatenschutzgesetz (BDSG)) data on the non-fulfilment of the contractual obligation concerning due receivables resulting from a contractual relationship can be communicated to the SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden, as long as the contractual relationship can be terminated without notification due to arrears and the outstanding payment of the services has not been compensated despite them being due within the notified payment period. You can obtain further information about SCHUFA at www.meineSCHUFA.de