Conditions for using the „EVOLOAD” online platform
S.C.EVOLOAD DIGITAL S.R.L.
Soseaua Alba Iulia Nr.51
VAT ID: RO 43730947
apply for the use of the online platform and govern the contractual relationship between the user of the online platform (hereinafter referred to as the "customer") and the supplier. The customer is both the contractor registered and authorized at EVOLOAD, as well as the contracting authority registered at EVOLOAD. The customer confirms that, when entering into a contractual relationship with the supplier, it carries on a commercial activity and acts within the scope of its corporate statute in accordance with Article 14 of BGB (Civil Code). Therefore, it has no consumer protection rights for the purpose of distance selling. The customer registered on the online platform www.evoload.de and it received for viewing the conditions of use, with all contractual information for accessing, storing, downloading and viewing before concluding the contract, it took note of them and accepted the registration done.
1. Object of the contract
The supplier offers the customer the right to use the EVOLOAD online platform for an agreed fee. The scope of this right of use depends on the individual agreement. At its own discretion, the supplier may allow the customer to access EVOLOAD through software or a mobile application to be installed, a combination of username and password, through web authentication or an interface with the user's existing hardware and software environment. EVOLOAD is operated using servers connected to the Internet, which can only be accessed through an online connection.
Logistics offers shall be based on the information provided by the contractor. They represent a pre-contractual offer from the contractor for a defined transport and / or shipping service (hereinafter referred to as "logistics service"). The supplier assumes no responsibility for the timeliness and veracity of the logistics offers and other contractual conditions of the freight and / or shipping contract to be concluded between the customer and the contractor (hereinafter referred to as the "logistics contract"). The logistics contract is a so-called mixed-type contract in commercial law / transport law according to civil law and it may accordingly be subject to legal provisions in accordance with section four or five of the Commercial Code.
The supplier does not offer any assurance regarding the correctness, adequacy, availability or quality of the offers available on the online platform and does not assume any responsibility for the availability of the logistics services presented.
The supplier allows the contact between the customer and the contractor in order to conclude a logistics contract based on the non-binding logistics offer of the contractor made on the online platform. The contractor shall be responsible for the correctness and completeness of its logistical offers, including associated costs and contractual conditions.
The logistics contract is concluded exclusively between the customer and the contractor, i.e. the supplier is in no way a party to the logistics contract, an agent, an authorized representative or a messenger of a part of the logistics contract.
The contractor has the option to use a mobile application provided by the supplier. The driver confirms the route in the mobile application and thus starts the tracking functionality. By opening the mobile application, the driver agrees that the mobile application can use the appropriate services on his/her smartphone necessary for tracking and that the supplier can use the geographical information in accordance with the conditions of use of the mobile application. The conditions of use of the mobile application and the principles of data protection for tracking are set out in the data protection statement in the mobile application.
2. Conclusion of the contract
The presentation of services on the online platform is not yet a legally binding offer, but an invitation from the customer to submit an offer, the so-called "invitatio ad offerendum".
By clicking on the "Close the contract subject to payment" button in the last step of the registration process when selecting a product variant that is subject to payment, respectively on the "Complete registration" button when using the online platform as a test, the customer makes an offer legally binding for concluding the contract in order to use the online platform. The supplier accepts this offer from the customer by sending a confirmation email. The contract between the customer and the supplier becomes binding only through this acceptance. The supplier is not obliged to conclude a contract. The supplier also reserves the right to conclude a written contract by exchanging signed original copies. In principle, the customer has the unique opportunity to test the online platform for free when it uses it for the first time.
A verification process of the contractor shall also take place in accordance with Article 4 (verification of the contractor) of this user agreement. Therefore, the acceptance of the offer is subject to the successful verification of this identification process.
3. Registration and responsibility for the completeness, legality, correctness and timeliness of the data
Registration is required in order to use the online platform. The registration process for using the online platform must be done through the online platform. In addition to registration, a verification process of the contractor as a customer must be carried out in accordance with Article 4 (verification of the contractor) of this user agreement.
The customer registers itself on the online platform with its basic data and other data and information requested for registration.
At the end of the registration process, the customer receives an acknowledgment of receipt of its registration with the data and information entered by it, as well as any fees incurred. Confirmation - unless explicitly mentioned as such in the email - does not yet constitute an acceptance of the offer. Acceptance of the offer is generally sent to the customer via a separate message from the supplier, which is identified as a letter of acceptance.
The data and information requested during the registration process must be complete, legal, current and correct.
If the data and information provided change after registration, the data and information must be corrected immediately. The customer is responsible for ensuring that the data and information are complete, legal, accurate and current.
The customer shall ensure that it is a contractor in accordance with Article 14 of BGB (Civil Code) and that it has full legal capacity.
4. Checking the contractor
The verification process of the contractor shall be carried out by a separate verification. Its purpose is to make the existence of the contractor's company plausible, namely on the basis of information available to the public, as well as information provided by the contractor.
In order to carry out a verification, the contractor shall send the supplier copies of the documents requested by the supplier by fax, electronic means or by letter. The supplier reserves the right to contact by phone to verify contact details. Copies of the company's documents, which are sent by the contractor for verification, are compared with the information previously provided in the registration process and the contractor is promptly informed of the result in text format or by default by notifying the activation of its customer account.
The supplier may at any time verify the contractor or the subsequent use of all services by the contractor depending on the submission of officially certified documents or the repeated implementation of the verification (re-verification) process. The supplier reserves the right to repeat the verification of the contractor if the contractor's data are changed or if it is inactive for more than 180 days. If the verification of the contractor is missing or if the documents submitted are incomplete despite repeated requests or if the result of the verification is negative, the registration of the contractor subject to reservation will be canceled until the verification is completed and thus, it is not possible to establish a customer account. If the re- verification of an existing customer fails, subsequent access to its customer account will be blocked after 10 working days from the last request for submission of documents or notification of a negative verification result.
5. Responsibility for access data
During the registration process, the customer is asked to provide a password and a username.
The password and username are required for all future login processes on the online platform.
The password and username must be kept secret and may not be made accessible or passed on to third parties. Third parties are not authorized bodies, employees or agents or proxies of the customer acting in the name and on behalf of the customer. The customer is responsible for misuse.
If there is reason to believe that unauthorized third parties have acquired knowledge of the password and / or username, the password and / or username must be changed immediately and the previous access must be blocked by the supplier.
Ensuring and storing access data on the online platform is the sole responsibility of the customer.
If the customer receives information about the improper use of the online platform, it must immediately notify the supplier.
6. Responsibility for customer content, data and / or information on the online platform
The customer entered the data contained on the online platform independently and is solely responsible. Therefore, the customer is solely responsible for the content, data and information and is responsible for fairness, legality, timeliness and completeness. Therefore, the supplier assumes no responsibility for the content, data and / or information provided by the customer on the online platform. In particular, the supplier does not guarantee that this content is correct, current, legal and complete.
Furthermore, despite the verification process implemented for the security of other customers, the supplier cannot technically determine with certainty whether a customer registered on the online platform is really the person that the customer claims to be. Therefore, the supplier does not guarantee the real identity of a customer.
The customer has the option to send an evaluation and a comment on the online platform regarding each completed transaction of a logistics contract with another customer. The condition for this is that the assessment corresponds to the actual situation and should be expressed on a scale of 1 to 5. The comment must be truthful and must not infringe the rights of third parties. The comment can only be issued in connection with an evaluation. The customer who posts a comment is responsible for its content. The supplier is responsible only in the context of its capacity of service supplier in accordance with the legal provisions; for example when receiving credible complaints about the illegality of comments, it must check the content and remove it, if necessary.
7. Online platform availability
The 100% availability of the online platform is technically impossible. For the possibility of use, the supplier, which is in its area of responsibility, generally guarantees an average annual availability of 95%. Regular maintenance windows, which can be between 07:00 PM and 06:00 AM, Germany time, are not included in the availability calculation.
The supplier has the right to perform maintenance work at any time on the server or on the online platform. This may lead to disturbances / interruptions in the use of the online platform, for which the supplier assumes no liability in accordance with Article 12.
Otherwise, you have the right to use the online platform only within the limits of the technical and operational possibilities of the supplier. The supplier strives to ensure that the online platform can be used as uninterruptedly as possible. However, technical failures (such as power outages, hardware and software errors, technical problems in data lines) can cause temporary restrictions or interruptions. The supplier shall not assume any responsibility for them in accordance with Article 12. The same applies to all technical or other difficulties which are not the responsibility of the supplier and which interrupt, limit or otherwise prevent the possibility of use. Furthermore, the liability of the supplier in accordance with Article 12 for system-related failures, interruptions and / or failures of the telephone network, the Internet and other communication systems is excluded.
8. Blocking access
When deciding on a blocking, the supplier will take into account the legitimate interests of the customer.
In case of blocking, the supplier will inform the customer by e-mail.
In case of a temporary lock, the supplier reactivates the access after the lock period expires and will inform the customer by e-mail in this regard.
A permanently blocked access cannot be restored. Permanently blocked customers are not allowed to register again.
9. Rights of use
All rights, in particular the rights of use and exploitation of copyright for the online platform, as well as the essential parts of the online platform in relation to the customer, belong exclusively to the supplier. The customer may use the data it has provided only for its own use. The data provided by the supplier via the online platform can be extracted only by using the existing export or print function. Automating the use of the online platform and the databases behind it, whether through an interface, external software, robots, scripts or other aids that deviate from the standard of the regular browser, requires the written consent of the supplier.
10. Fees, settlement, invoicing, payment terms
The customer can choose between long-term products of three (3), six (6) and 12 months for paid use of the online platform. When registering for the online platform for the first time, the supplier also gives the customer a free three-month testing phase. Before concluding the contract, the customer is shown the fee for the time package selected by it for the use of the online platform. The usage fee is part of the contract concluded between the customer and the supplier. The customer undertakes to pay this agreed fee for the provision of the online platform.
The specified fee plus applicable VAT is paid for the use of the online platform. Once the contract has been concluded and the technical provision of the use of the platform has been agreed, the agreed fee must be paid immediately.
Unless otherwise specified, the fee is understood to be without VAT currently applicable in Germany.
The supplier may not verify the correctness, completeness, timeliness and legality of the data entered by the customer at its own risk and independently. Therefore, the supplier does not assume any responsibility and / or guarantee that the customer's database is always up to date, complete, correct and legal in the database on the online platform. The customer is and remains solely responsible for ensuring that the data it has provided is correct, complete and up to date and that the rights of third parties are not violated. In addition, the supplier does not guarantee the availability of this data at any time.
The supplier does not assume any responsibility / guarantee that a customer will actually use the data of other customers entered in the online platform to initiate subsequent contracts.
The supplier is not responsible for the correctness, punctuality, legality, completeness and / or timeliness of the data entered by the customer on the online platform. Any liability on the part of the supplier in this regard is excluded - to the extent permitted by law
The supplier is liable without restriction in the event of intentional misconduct or gross negligence to harm life, limbs or health, in accordance with the provisions of Law on Product Liability and to the extent of the guarantees assumed by the supplier.
The supplier is liable only for minor negligence in the event of a breach of an essential obligation to achieve the purpose of the contract (cardinal obligation). The essential contractual obligations of the supplier are, in the abstract, those obligations the fulfillment of which allows the correct execution of a contract in the first place and on the fulfillment of which the customer can rely on a regular basis. In this case, liability is limited to the amount of foreseeable damage, the occurrence of which should usually be expected depending on the type of business in question.
To the extent that the supplier's liability is excluded or limited, this shall also apply to the personal liability of its employees, workers, representatives and agents.
The supplier is not liable for damages suffered by the customer because of an authorized blocking of its user account initiated by the supplier in accordance with Article 8.
The supplier is responsible for the availability of its online platform, in accordance with the regulations in Article 7.
Force majeure events, which make delivery or performance much more difficult or temporarily impossible for one of the Contracting Parties, extend the time for fulfilling the obligations with the duration of the obstruction and the time required to establish normal working conditions. Cases of force majeure are in particular trade union actions, state emergency measures or other circumstances for which the contracting party concerned is not responsible.
13. Validity, termination of the contract, reimbursement of fees paid in advance
The right to use the online platform is valid for the period of use reserved by the customer. There is no automatic extension of the period of use. The customer account will be deactivated at the end of the reserved period of use (offer within specified term) and reactivated within 12 months if a term offer is reserved again.
Termination and blocking for an important reason Even if there are special provisions regarding the term and termination of the contract, both contracting parties have the right to terminate the contractual relationship at any time for an important reason, without respecting a period of notice. An important reason for extraordinary termination exists if the continuation of the contractual relationship until the end of the contractual notice period is unreasonable for the terminating contracting party, taking into account all the circumstances of the individual case and the interests of both contracting parties. In particular, the following events are important reasons for the supplier:
- non-compliance with legal regulations by the customer,
- breach of the customer's contractual obligations,
- the customer causes damage to one or more other customers.
The customer's right to a refund or partial refund of the annual fee already paid in advance for the use of the online platform in case of termination is excluded, unless the customer terminates the contract for an important reason for which the supplier is responsible.
Once the termination takes effect, the personal data of the customer will be deleted by the supplier, unless the legal retention requirements by the supplier prevent the deletion. In this case, the data will be restricted.
14. Technical requirements
The customer is responsible for creating the technical requirements necessary for the agreed use of the online platform.
15. Interruption of the online platform by the supplier
The supplier reserves the right to interrupt in whole or in part the services made available on its online platform, at any time, without giving reasons. The customer expressly acknowledges this right.
In this case, the supplier shall not owe any damage or loss of profit.
In this case, however, the supplier will reimburse proportionately the fee already paid in advance.
16. Data protection
The supplier processes the customer's personal data for the purpose of fulfilling and executing the contract in accordance with the legal provisions on data protection. The customer will be informed separately about the processing of its data by the supplier in accordance with Articles 13, 14 of the EU General Data Protection Regulation.
17. Applicable law, language of contract and others
All legal relations arising from this contract are subject exclusively to the law of the Federal Republic of Germany, with the exception of private international law and the Vienna Convention on the International Sale of Goods under German law.
The language relevant for the contractual relationship and communication with the customer is exclusively German language.
The supplier shall not participate in a dispute settlement procedure before a consumer arbitration panel.
The supplier may use subcontractors. The supplier remains responsible for fulfilling the obligations assumed, even if it hired subcontractors. The supplier has the right to transfer in whole or in part rights and obligations to third parties.
The supplier reserves the right to modify the services offered on the online platform or to offer different services, unless they are unreasonable for the customer.