General Terms & Conditions
§ 1 Scope
For the business relationship between macondo publishing GmbH and the purchaser, the following General Terms & Conditions apply exclusively in the version valid at the time the order was placed. The General Terms & Conditions listed here apply for the use of the “CSRmanager” application (www.csr-manager.org). macondo publishing GmbH reserves the right to make changes to the General Terms & Conditions at any time. Changes will be announced in due time.
§ 2 Conclusion of Contract
The use of the “CSRmanager” application is only possible for registered users and is subject to charge. Legal persons, adults and legally competent individuals can be registered. User accounts are non-transferable. macondo publishing GmbH is not obligated to activate a user account.
Your order constitutes an offer issued to macondo publishing GmbH for the conclusion of a purchase contract. When you submit an order to macondo publishing GmbH, we send you an email that confirms that we have received your order and states the specific details and customer account information (order confirmation). The purchase contract is concluded once we have sent your access details to you electronically and you have declared your acceptance of the conditions of use by activating the customer account. You will receive an invoice separately, both by post and electronically.
The user is obliged to provide true and complete information in the registration form when registering. Should important information such as postal address or contact partner change, the user is obliged to provide notification of these changes. Notification can be issued by post, by email or by means of the adjustment of the user profile.
§ 3 Revocation
The purchaser can withdraw the order in writing – including via email – within two weeks following the conclusion of contract. It is hereby pointed out that macondo publishing GmbH is, if applicable, entitled to withhold compensation for use as a result of the use of the product.
§ 4 Contractual term
The contractual relationship begins upon activation of the user account and shall be concluded for a period of one year. The contractual relationship shall be extended automatically by an additional year, provided that it is not terminated, with a period of notice of three months prior to the end of the contractual term.
§ 5 Remuneration
The use of the “CSRmanager” application is subject to charge. Remuneration is to be paid in advance for the duration of the contractual term of one year. The price lists valid at the time of conclusion of contract are valid.
§ 6 Maturity and payment, default
The purchaser must pay the purchase price by invoice, without deduction, within 14 days. Should the purchaser be in default of payment, then macondo publishing GmbH shall be entitled to charge default interest charged at a rate 5% above the basic annual interest rate stated by the European Central Bank. In the event that macondo publishing GmbH can demonstrate that it has suffered greater default damage, it shall be entitled to assert this higher claim.
The supplied goods shall remain the property of macondo publishing GmbH until payment has been made in full.
§ 8 Termination
Termination requires the written form, with written notification to be issued to the postal and/or electronic addresses stated by the customer or macondo publishing GmbH. The right to extraordinary termination for valid reason shall remain unaffected. Valid reason exists, in particular, if the customer is in breach of the General Terms & Conditions. Upon termination, all saved data and content will be deleted.
§ 9 Services
The user shall receive access to a Software-as-a-Service (SaaS) application for the generation of sustainability reports compliant with GRI and UNGC among others, and individual storage space of max. 50 MB. The use of the application shall take place exclusively via the macondo publishing GmbH server. User installation shall not take place.
§ 10 Security
macondo publishing GmbH operates the application on its own server within a well-known data processing centre. Physical security measures include video surveillance and access control, an uninterruptible power supply and fire protection measures. In addition to this, network and system security measures are also in place.
The user is obliged to store user names and passwords carefully and securely and to protect them against access by third parties.
§ 11 Technical availability
As a service provider, the data processing centre commissioned by macondo publishing GmbH ensures network availability of at least 99%.
In exceptional cases, major disruptions may occur. Should the application be unavailable to the customer for longer than 24 hours, then the customer shall be entitled to a reduction of the usage fee in the amount of 1/365th per affected calendar day.
§ 12 Copyrights and rights of use
All copyrights to the layout, content and formulations of the “CSRmanager” software are owned exclusively by macondo publishing GmbH. The copying, emulation or distribution of content constitutes a breach of copyright.
The user may only use CSRmanager for his or her own purposes. Use by third parties, subsidiaries or other companies is not permitted, unless otherwise contractually agreed in written form. The user is not authorised to interfere with the programming of the application.
When generating reports, the user is liable for ensuring that his or her content does not violate laws and regulations and the rights of third parties – in particular national and international copyrights, ancillary copyrights or other commercial property rights such as trademarks or patents. Furthermore, he/she is obliged to ensure that no insults, slander, false statements, racist, sexist or religiously offensive content whatsoever is produced.
The user is the sole owner of any content produced by him/her. macondo publishing GmbH shall not provide him/her with any support during implementation and shall be exempted by the user from any claims brought by third parties.
The user authorises macondo publishing GmbH to use the stored data in anonymised form, including after the termination of the contractual relationship – for example, for the calculation of industry reference values (benchmarks) or for university research purposes – and shall hand over these temporally and geographically unlimited user rights over at no charge.
§ 13 Faults
Should there be a fault with the purchased item, the purchaser is entitled to request rectification (correction of the fault or provision of a replacement). If rectification is unsuccessful, the purchaser can, in the event of a substantial fault, withdraw from the contract or demand a reduction of the purchase price. The assignment of these claims by the purchaser is excluded.
Faults must be reported immediately. Due time for the reporting of faults is within one month. If this deadline is passed, this constitutes contributory negligence on the part of the user.
§ 14 Guarantee
Under no circumstances does macondo publishing GmbH accept liability for damages caused through the use of this application.
In its judgement passed on 12 May 1998 – 312 O 85/98 – “Liability for links”, the District Court (Landgericht, LG) of Hamburg ruled that by posting a link, you are, if applicable, jointly liable for the content of the linked site. This can – according to the LG – only be prevented by expressly distancing yourself from this content. Therefore, macondo publishing GmbH expressly distances itself from the content of all sites linked in this software product and does not claim this content as its own. This declaration applies for all links posted on the “csr-manager.org” website and the “CSRmanager” software tool.
Provided nothing to the contrary arises from the provisions below, further claims on the part of the user — regardless on which legal grounds — are excluded. macondo publishing GmbH is therefore not liable for damages that are not result from the supplied item itself; in particular, macondo publishing GmbH shall not be liable for lost profits or for other financial losses suffered by the user. Insofar as the liability of macondo publishing GmbH is excluded or limited, this also applies for the personal liability of employees, representatives and vicarious agents. If macondo publishing GmbH violates an obligation that is essential to the contract (cardinal obligation), either intentionally or as a result of gross negligence, the obligation to pay compensation for material damages shall be limited to typically occurring damages. Cardinal obligations are contractual obligations, the fulfilment of which makes the proper performance of the contract possible, and that the contractual partner can assume will be complied with. The limitation period is twelve months, calculated from the activation of the user account.
§ 15 Severability clause
Supplemental agreements require the written form. Should individual provisions of this contract be ineffective or non-executable, or should they become ineffective or non-executable following the conclusion of contract, the effectiveness of the contract aside from this shall remain unaffected. The ineffective or non-executable provision shall be replaced by an effective and executable provision, the effects of which come closest to the economic objective that the contractual parties were seeking with the ineffective or non-executable provision. The above provisions apply as appropriate in the event that loopholes are found in the contract.
§ 16 Applicable law
German law applies exclusively with the exclusion of the UN Sales Convention.