International Credit Report Rates

Transcription

International Credit Report
Rates
Prerequisites
Basic fee p.m.
BusinessLine
membership
and registration
15.20
MemberLine
membership
and registration
none
EasyLine
for guests
registration
none
Zone 1
Germany
CompanyProfile Standard
online
new investigation normal (5 working days)
new investigation flash (2 working days)
new investigation superflash (1 working day = 8 hours)
33.00
33.00
66.00
99.00
40.60
49.30
98.60
147.90
56.60
65.30
130.60
195.90
CompanyProfile Compact
online
25.40
31.20
43.50
Zone 2
Belgium, France, Great Britain, Ireland, Italy, Luxembourg*, Monaco*, Netherlands, Portugal, San Marino*, Switzerland, Spain, Vatican*
online
33.00
40.60
56.60
41.20
57.50
73.50
82.40
115.00
147.00
new investigation superflash (2 working days)
123.60
172.50
220.50
online**
25.40
31.20
43.50
**not available for Portugal, Switzerland and Spain
Zone 3
Canada*, Cyprus*, Denmark*, Estonia, Finland, Greece*, Latvia, Liechtenstein*, Lithuania, Macedonia, Norway, Russia, Sweden,
Turkey*, USA
online
59.80
76.10
92.10
new investigation normal (8–10 working days)
59.80
76.10
92.10
new investigation flash (4–5 working days)
119.60
152.20
184.20
179.40
228.30
276.30
ATU 64166958, DVR 3003908, FN 308571g, 7-131e-1506 InternationalCreditReports-Rates
online**
35.00
43.00
59.50
Zone 4
Albania, Moldova, Ukraine, White Russia, All other countries*
online
76.30
new investigation normal (8–12 working days)
76.30
152.60
new investigation superflash (on request)
228.90
92.60
92.60
185.20
277.80
108.60
108.60
217.20
325.80
43.00
59.50
**not available for USA
online
35.00
Zone 5
Bosnia and Herzegovina, Bulgaria, Croatia, Czech Republic, Kosovo*, Montenegro, Hungary, Poland, Romania, Serbia, Slovakia, Slovenia
online
59.00
85.00
105.00
40.30
56.60
72.60
80.60
113.20
145.20
120.90
169.80
217.80
online
35.00
43.00
59.50
*In these Countries, online retrieval of Reports is not possible at www.ksv.at.
**In Portugal, Switzerland, Spain and USA online retrieval of Reports “CompanyProfile Compact” is not possible at www.ksv.at.
All prices in EUR excl. 20 % VAT. Valid since 22 September 2014.
KSV1870 Information GmbH, 1120 Wien, Wagenseilgasse 7, Telefon + 43 (0)50 1870, Fax + 43 (0)50 1870-99 1000, www.ksv.at, [email protected]
General Terms
and Conditions of
KSV1870 Information GmbH
A. General Provisions
1. Validity and Scope
1.1The general scope of application of these Terms and Conditions covers all deliveries, services and offers of KSV1870
Information GmbH (hereafter referred to as “KSV1870”), provided nothing to the contrary has been expressly agreed upon.
1.2 If there is a contradiction between the individual agreement
with the client and/or the General Provisions in section A. and/
or the Special Provisions set out in section B., then the regulations of the individual agreement prevail over the General
Provisions and the Special Provisions and the regulations of the
Special Provisions prevail over those of the General Provisions.
2. Conclusion of contract and prices
2.1All offers made by KSV1870 are subject to alteration and
non-binding. Unless special completion requirements in the
Special Provisions apply, a contract with KSV1870 shall be
deemed concluded only after the acceptance of these General Terms and Conditions and a corresponding confirmation
of order or with the execution of the order by the KSV1870.
KSV1870 can refuse to execute an order without providing any
reasons for it.
2.2The contract shall be concluded on the basis of the details and
rates given in the current price lists, prospectuses/brochures
and commercial correspondence.
2.3KSV1870 has the right to periodically increase the prices
charged by it. The existing customers will be informed in due
time before such a price change takes effect.
2.4Bills shall become due for payment upon receipt. If there is
delay, the defaulter has to pay 9.2 % interest per annum above
the basic rate, and also reminder costs.
ATU 64166958, DVR 3003908, FN 308571g, 7-103e-1605_AGB Information GmbH
3.Note to § 152 GewO 1994
KSV1870 has the right to practise the business of reporting
agency about credit relationships as per § 152 of the Code of
Trade and Industry 1994 (GewO 1994), among other things.
KSV1870 is thus not authorized to share details of private relations, which are not related to credit worthiness.
4. Warranty and liability
4.1The data, economic information, addresses and all other information given by KSV1870 saved in the KSV1870 commercial
database and retrievable by the customers (hereafter jointly
termed as “Data”) is based on the results of the last objective information collection carried out by KSV1870. Material inquiries as well as contextual verification of this data,
particularly with reference to its correctness, completeness
and conclusiveness will not be done by KSV1870. Therefore,
KSV1870 does not assume any warranty or liability for the
correctness, completeness and conclusiveness and currency
of the requested data and the information that it contains, as
well as for the availability of specific data.
4.2Due to the use of the databases of KSV1870 and the data provided, the customer is not entitled to either warranty, damage
compensation or other claims – to the extent permitted by law
or unless otherwise agreed upon on the basis of the following
Special Provisions. Especially, possible consequential damages that could arise from using the data will not be compensated. KSV1870 shall only be liable for damage compensation in
case of own intent or extreme gross negligence, however not
for the actions of its vicarious or supply agents. Liability for
loss of profit, indirect damage or other consequential damage
is any way excluded.
4.3However, the limitation of liability of KSV1870 does not extend
to personal injuries. For these, KSV1870 is liable as per the
general legal provisions.
4.4The customer is fully liable for all damages, caused to KSV1870
or a third party, which occur from the non-compliance with
contractual or statutory duties by the customer.
4.5In the event of claims against KSV1870 resulting from the
provision of information, transfer of data or data misuse by
the customer, the customer is obliged to indemnify and hold
KSV1870 harmless from and against any claim or cause of
action. In the event of misuse of the grant of information or
the transmitted data and also in case of violation of these General Terms and Conditions, the right of the customer of granting information lapses without compensation or KSV1870 is
authorised to terminate the contract with immediate effect.
5. Data protection and confidentiality
5.1Regardless of the respective mode of transfer of information
and data as well as of the access to the information and data
(written transmission, telecommunication, database information transfer, electronic storage medium, etc.), the customer
expressly confirms – with the order for granting information
as well as with the access to the database of KSV1870 – that
he has a legitimate interest in the transfer of data in the most
extensive range pursuant to the Data Protection Act 2000
(DSG 2000) in its latest version, or, that the access to this
databanks is necessary for safeguarding the customer‘s predominant legitimate interests. Such type of interest exists for
example when the customer wants to protect himself from any
type of serious financial drawbacks (creditor protection), as
could arise, for example, from impending payment difficulties
of a potential contract partner. Collection of information as
well as requests, which are not connected with the necessity
of safeguarding predominant legitimate interests, is strictly
prohibited. For this reason, KSV1870 reserves the right to verify in detail the existence of the right of the customer in the
context of DSG 2000, in case of access to its database.
5.2The customer is obliged in the context of DSG 2000 to maintain secrecy on the information given and data transferred, as
well to exercise particular care while handling the same. The
granting of information and transfer of data take place “strictly confidentially” for exclusively informing the customer, who
expressly waives using the information and data as proof or
prima-facie evidence, regardless in which form it may be. Similarly, the customer is also obliged to waive and also to refrain
from forwarding information or parts of it to any third party,
be it by means of communication or temporary inspection or
by any other means. Shared information and transferred data
remain the sole property of KSV1870 and must be immediately
shelved on demand at any time, without the need of explanatory statements. KSV1870 is not obliged to reveal the sources
of the transferred data and information.
5.3The customer is obliged to undertake the measures necessary in the context of § 14 DSG 2000 for guaranteeing data
security and to comply with the principles of data secrecy
in the context of § 15 DSG 2000. KSV1870 has the right to
demand that the customer presents the security measures
taken by him. In case these measures are not sufficient on
the basis of the assessment that only KSV1870 is entitled to,
to guarantee compliance with the provisions of DSG 2000,
the contract with the customer can be dissolved with immediate effect without affecting all other claims of KSV1870, or
the enquiry option can be immediately prohibited. KSV1870 is
allowed to inspect the data station and the data processing in
the presence of the customer (or an employee named for this
purpose), for verifying the compliance with all obligations by
the customer.
5.4The customer is obliged to refrain from all actions that enable him or any third party to imitate the query system, the
structuring of a database or the standard display of individual
documents of KSV1870. This is also applicable after the end
of the business relationship with KSV1870.
5.5A customer, who makes use of employees, must take further
measures to ensure the enforcement towards its staff of the
obligations, he is duty-bound to because of the law or because
of these General Terms and Conditions, and which regard the
forwarding of data, the access protection, the right to request
data and the securing against imitation. The issuing of appropriate instructions or the conclusion of corresponding agreements towards the or with the employees must be such that
1
KSV1870 Information GmbH, 1120 Vienna, Wagenseilgasse 7, Telephone + 43 (0) 50 1870, Fax + 43 (0) 50 1870-99 1000, www.ksv.at, [email protected]
General Terms
and Conditions of
they can be proved to KSV1870 at any time. Adherence to
the relevant instructions issued or the agreements concluded
must be continuously inspected by the customer. With regard
to § 15 DSG 2000 also the data secrecy has to be monitored
accordingly.
6. General information
6.1Any subsidiary agreements and amendments to these General
Terms and Conditions need to be in written form in order to
be effective. This shall also apply to any deviation from the
written form requirement.
6.2Setting off customer’s claims against those of the KSV1870 is
not allowed, unless, the customer‘s claim is determined by the
court or recognised by KSV1870.
6.3Should a provision of these General Terms and Conditions
be or become invalid or unenforceable, then that will not
affect the effectiveness, validity or enforceability of the other
provisions. In such a case an effective, valid or enforceable
provision, which can best achieve the economic result of the
provision to be replaced, shall be considered as agreed to
between the contractual parties. This applies correspondingly
to a contract amendment in case of any gaps.
6.4Vienna is agreed upon as the place of fulfilment and exclusive
jurisdiction for all disputes arising from or in connection with
the underlying contract, including these General Terms and
Conditions.
6.5Austrian law shall be exclusively applicable for the contractual
relationships, under exclusion of the conflict of law rules (IPR)
and the UN Sales convention (CISG).
B. Special Provisions
7.Scope
In addition to the General Provisions about the contractual
relationship of the customer with KSV1870, the Special Provisions for
- requests from the commercial database
- economic information and
- marketing services
are regulated in section B. (jointly called “Special Provisions”
in these General Terms and Conditions). These Special Provisions are applicable to the products of KSV1870 governed by
them, in addition to the existing General Provisions.
8.Special Provisions for requests from the commercial
database (for BusinessLine, MemberLine and EasyLine)
8.1As part of requests from the commercial database, KSV1870
offers the customer, via remote data transmission, direct
access to the data saved in the commercial database of the
KSV1870.
8.2The commercial database of the KSV1870 is available daily
from 0-24 hours for requests, but not during backup time and
during maintenance and system-related shutdowns. A guarantee of availability is not given, which is why the customer
normally does not have any claims of fulfilment, warranty or
damage compensation in case of temporary interruptions to
the request option. With regard to the BusinessLine, the customer is, however, authorised, after an interruption exceeding
72 consecutive hours and caused by a malfunction for which
KSV1870 itself is responsible, to demand a reduction of the
aliquot lump sum charged to him to the extent of the total time
of interruption.
8.3The customer should use the data that he receives and also
the available printouts, official documents or other presentations from the database exclusively for its own purposes. Forwarding the data or printouts to any third party in unchanged
or further processed form is prohibited without any exceptions. If the customer belongs to a group of companies, he
may forward the data flowing to him to another company of
the group only after prior authorization of KSV1870.
8.4The contractual relationship in BusinessLine is concluded for
at least 12 months. The customer has the right to terminate
it in writing at the end of the 12th month, after complying
with the one month period of notice. The day of posting shall
be considered as adhering to the deadline. If the contract
is not terminated by the end of 12 months, it shall then be
extended by an indefinite time and can thus be terminated in
writing after complying with a period of notice of one month
at the end of a quarter. KSV1870 also has the right to dissolve
the contractual relationship with immediate effect (BusinessLine) or to immediately stop the request option (Member- and
EasyLine), if the customer violates an essential contractual or
statutory obligation.
8.5For additional training and service features, which are directly
executed at the customer’s, KSV1870 can charge travel charges.
9. Special Provisions for economic information
9.1This information includes all the information known to
KSV1870 till the drawing up of the information, which is necessary for sharing and specified for forwarding with an unexamined content.
9.2PersonalProfile Consumer information includes, among other
things, the internal and external payment history and insolvency data known to KSV1870, as well as data records from the
data bases of KSV1870.
9.3If information does not concern enforceable claims known
to KSV1870, but concerns debt collection proceedings and
outstanding legal proceedings, the cause, legitimacy or development of these proceedings cannot always be verified. This
information is therefore considered as an indication and is not
be included in the credit assessment without further verification. If grouped companies are mentioned, it refers to links of
the company or of functionaries; without closer verification
or explanation a creditworthiness impact on the company
inquired about cannot be always derived from that, certainly
not without gaps or with currency. These types of indications
mainly serve in supplementing information options.
9.4If special inquiries are commissioned or the response to specific questions is sought, KSV1870 has the right to charge the
separately caused expense or to refuse the response.
9.5For “Special information”, which includes specially detailed
inquiries and reports that do not fall under a subscription or an
agreed cost control, remuneration is not as per the respective
rate, but as per a fee agreement in an individual case, and if
such has not been agreed upon, according to expense. The
cost of surveying the data of the land registers are charged
separately. The cancellation of the evidence reports is free of
cost, only if orders for automatic credit control are cancelled
within 6 months and there is no report within this period, a
fee amounting to 10 % of the price of the respective evidence
report is collected.
9.6The information is imparted possibly at the earliest after the
time limit necessary for preparation, and in any case within an
appropriate deadline. If a specific or specially short deadline is
set for giving information, then the related separate costs must
be reimbursed to KSV1870. Unless otherwise agreed, the delivery deadlines retained in the valid tariff structure shall apply.
9.7The validity of the subscriptions is 12 months from the order. In
case of a simultaneous order of a new subscription of at least
the same value, unused information checks are within 3 months
after expiry automatically extended, for the entire duration of
the new subscription, without additional charge of a possible
increase in price that may have taken place in the meantime.
9.8In case an order is rejected, the order form is compensated.
Other extensive claims of the client are excluded.
10. Special provisions for Marketing Service
10.1If the addresses or other information is delivered on EDP data
storage, this are not allowed to be duplicated.
10.2The customer is obliged not to forward the data given to him
by KSV1870, either fully or partially, no matter in which form,
to any third party, or even to inform such third party of it. All
the addresses delivered may be used only once.
2
General Terms
and Conditions of
10.3Third parties, who may obtain access to the data as part of
the agreed use, shall similarly be obliged in writing for complying with these General Terms and Conditions. The customer
shall be held responsible for its misuse and undertakes to fully
indemnify and hold KSV1870 harmless from and against any
possible claim or cause of action of third parties.
10.4If the return rate of the mailings amounts to more than 3 % of
the delivered address material because of undeliverability of
mail items to the addresses determined, then KSV1870 shall
guarantee to the client a credit amounting to the return rate of
the order value. The enforcement of such a credit at KSV1870
must be carried out by the client in writing within 30 days after
the demonstrable dispatch of addresses, or this claim is lost.
The burden of proof in this connection shall lie upon the client.
It is expressly agreed that any replacement amount is limited
to the sum, which the customer has paid for the concerned
address or other information.
10.5In addition to the provisions of the data protection act 2000,
the customer also has to particularly adhere to the provisions
of the E-Commerce Act (ECG) and the provisions of the Telecommunication Act 2003 (TKG 2003) and to indemnify and
hold KSV1870 harmless from and against any claim or cause
of action of third parties, in case of a possible violation. In
case of the email addresses, telephone and fax numbers on
data storage media and in the files sent, consent of the service subscriber for receiving the electronic mail, calls and fax
messages may not be inferred. During data usage, the customer himself is responsible for the lawful use of data in the
context of DSG 2000. KSV1870 particularly refers to § 107
TKG 2003, which regulates the permissibility of sending electronic messages for purposes of direct advertisement without
prior permission of the receiver.
10.6§ 7 ECG obligates the Rundfunk und Telekom RegulierungsGmbH to keep a list, in which persons and companies can sign
in free-of-cost, if they have excluded themselves from the sending of commercial communication by means of electronic post.
KSV1870 will not undertake any comparison with this list. The
client is responsible for such comparison.
10.7Before delivering address data, KSV1870 carries out according
to § 151 GewO 1994, a comparison with the “Robinson list”
of the professional association for advertisement and market
communication of the Austrian Chamber of Commerce. This
list is updated by the professional association at least once
each month. Upon delivering the data, KSV1870 informs the
customer of the date of the latest Robinson list with which the
data comparison has taken place, and recommends that data
not be used for more than 4 weeks, calculated from the date of
information. After the expiry of the 4-week deadline, KSV1870
recommends a new comparison with the next “Robinson list”
to be requested at KSV1870 against payment. KSV1870 is not
responsible for the suitability, accuracy, correctness and completeness of the “Robinson list”.
Valid from 23.05.2016
3

International Credit Report Rates

Transcription

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