with Hamburg Invest Business Development Corporation on behalf of the real estate data base "HDB-Immobiliendatenbank" ("the offer").
We welcome you to our website and appreciate your interest in our services!
The placement of offers requires the conclusion of a usage agreement.
Hamburg Invest Business Development Corporation
D - 20355 Hamburg
Phone +49 40 22 70 19 - 63
Fax +49 40 22 70 19 – 13
§ 1 Object of the Contract
With www.hdb-hamburg.de, Hamburg Invest offers to commercial and private real estate sellers an Internet platform for the promotion of their commercial real estate offers. Interested parties can access the advertised objects of the provider via the Internet and thus contact them.
The object of the contract is the use of the "HDB” Hamburg real estate database hosted by Hamburg Invest by the commercial or private real estate sellers.
§ 2 Hamburg Invest Services
2.1 Hamburg Invest developed the Hamburg real estate database (hereinafter referred to as "HDB") as a showcase of Hamburg’s real estate market and offers access to it in the Internet at www.hdb-hamburg.de.
Thereby, Hamburg Invest makes it easier for companies to look for the perfect commercial or industrial property for settlement, expansion, or relocation. It thus created the prerequisite instrument for both the growth of Hamburg companies and the settlement of new companies in Hamburg.
2.2 Hamburg Invest grants sellers access to an interface that basically allows placing third-party real estate offers in the HDB (hereinafter referred to as "interface"). Real estate offers can be added to the HDB if the provider is in possession of a corresponding real estate interface (Openimmo e.V. – www.openimmo.de).
Hamburg Invest does not guarantee the compatibility of the interface with the seller’s system. The seller is responsible for verifying the compatibility of the interface and his own system. Should services of third parties be necessary to connect the seller’s system to the HDB via the interface, it is the responsibility of the provider to take care of these services and to bear their cost. Hamburg Invest will provide the seller with a documentation of the interface.
2.3 The Openimmo (Openimmo e.V. – www.openimmo.de) real estate interface will be used to secure a smooth exchange of real estate offers. Sellers will thus be furnished by Hamburg Invest with an FTP account. Using OpenImmo, the seller will upload the data in XML format to the server.
Hamburg Invest may display real estate offers transmitted by the seller via the interface referred to in section 2, section 2.2, by in its own choice in full or parts thereof at the HDB.
Sellers cannot claim representation of real estate offers at HDB.
2.4 The purpose of the HDB is to provide prospective buyers with the most comprehensive range of commercial and commercial properties available in Hamburg. The seller is aware that his offers are not presented exclusively at the HDB, but along with offers of other sellers or partners of Hamburg Invest.
In the case of Hamburg Invest receiving data from several buyer for the same property, i.e. duplicates, a system-inherent random principle will decide which seller’s offer will be showcased at the HDB.
2.5 To guarantee the uniform presentation of all property offers in the adaption phase after the conclusion of contract, a consultation process will take place between the seller and Hamburg Invest to ensure the smooth import of data.
§ 3 Services Offered by the seller
3.1 The seller creates the technical prerequisites to link his system to HDB via the interface described in § 2, section 2.2.
3.2 To provide potential customers with information on the properties offered by the seller, the seller will provide Hamburg Invest with offers for commercial real estate and commercial space in Hamburg to be integrated into the HDB via the interface described in section 2, section 2.2.
The seller may only advertise real estate that he or she is promoting or for which she/he has been contracted and will receive a commission, and is obliged to provide truthful information to Hamburg Invest about the real estate offers.
For each type of property, the minimum information such as location (ZIP code, street, and house number), size and price of the object has to be specified. In addition, at least one representative photo of the property as well as a floor plan in the standard JPG format should be made available. In doing so, the seller will only upload object-specific images and graphics that will be exclusively used for the presentation of the property. Company logos, html tags, java script applications, Internet addresses, or other promotional material is not permitted in photographs and other visuals.
The seller will update all offers entered to HDB via the aforementioned interface on a daily basis.
3.3 If the seller receives inquiries and / or contact data from potential buyers of commercial real estate or commercial space in Hamburg, the seller will provide expert advice to the potential customer and offer him an suitable property, given it can be found in the seller’s offer.
All transactions are handled by the provider, not by Hamburg Invest.
3.4 The seller regularly informs Hamburg Invest about commercial real estate transactions in Hamburg supported or concluded by offers promoted at the HDB or through requests of potential customers received from Hamburg Invest.
§ 4 Fees
4.1 Hamburg Invest will be paid a one-off amount by the seller for the provision of access to the HDB interface. The amount is due once the seller created the technical requirements to connect his system to the HDB via the interface. This amount covers all expenses incurred by Hamburg Invest for the seller’s initial integration into the HDB as well as the use and all data transfer.
4.2 For transactions that have been promoted or signed by the offers listed by the seller at the HDB, or by the seller receiving request from potential customers from the Hamburg Invest, Hamburg Invest will not charge the seller.
4.3 Hamburg Invest has the right to ask sellers for appropriate contributions to costs linked to the advanced development of the HDB. Should Hamburg Invest make use of this right, it shall notify the seller of the costs to be borne by him. The seller has the choice to declare his consent or to terminate the contract without prior notice.
4.4 The seller is not entitled to payment of fees and / or remuneration and / or ancillary costs and / or to place any other charges against the Hamburg Invest. In particular, this applies to objects offered by the seller and communicated to third parties. This does not result in any claim against the Hamburg Invest on compensation of the seller's service.
§ 5 Duration of Real Estate Offers
5.1 The term of an offer is three months. Each seller receives the option for renewal for a further three months. If this option is not accepted after the expiry of the offer, the offer will be automatically deleted on the server.
5.2 If the selected object is no longer on offer, the seller is under the obligation to delete the offer immediately. If this is not the case, Hamburg Invest is entitled to delete the offer. If the seller who has been already notified by Hamburg Invest once again fails to delete objects leased or sold, Hamburg Invest has the right to prohibit the use of the HDB by the seller and to block his registration.
§ 6 Third-Party Rights
6.1 The provider shall ensure that the services provided to the Hamburg Invest are free of third-party rights. In particular, the seller guarantees that no rights of third parties are linked to the data integrated into the HDB by the seller via the interface referred to in § 2, section 2.2. Therefore, the seller commits himself to providing the data via the above interface free of third-party rights.
6.2 The provider shall indemnify the Hamburg Invest in the event of the assertion of such claims by third parties from legally binding costs and damages, provided that the Hamburg Invest immediately informed the seller in writing of the claim, the provider has been granted the possibility of defence, and Hamburg Invest providing him with all assistance possible in his defence.
6.3 Hamburg Invest is entitled to block the offers posted by the seller as soon as there is a concrete suspicion of unlawful content or violations of this usage agreement. The provider shall be notified without undue delay, stating the reasons, and giving him the opportunity to remove the illegal content or to present the legality and, if necessary, to prove it. The ban will be lifted as soon as the suspicion has been refuted or eliminated
§ 7 Rights of Use / Publications
7.1 The seller grants to Hamburg Invest the non-exclusive right to use and exploit unlimited within time and space, irrevocable and free of charge the data transmitted by the seller via the interface mentioned in § 2, section 2.2 without the cooperation of the seller for the display of the offers in the HDB and to transfer, edit, supplement and modify them (right of use).
7.2 Publications on the contractual service and commercial advertising by the seller with the contractual object are only permitted with the prior written consent of Hamburg Invest. The consent of Hamburg Invest may only be refused on justified grounds.
§ 8 Liability
8.1 The seller is liable for the proper rendering of his contractual service as well as its defectiveness. In all other respects, all liability provisions are governed by the statutory provisions.
8.2 The provider is aware that, according to the state of the art, it is not possible to create a software program which is completely free from errors or to guarantee uninterrupted access to resources provided by the Internet. The seller cannot claim availability of the HDB.
8.3 Hamburg Invest is not liable for the brokerage of commercial real estate or commercial real estate entered by the interface specified in § 2, section 2.2, into HDB.
§ 9 Contract Period
9.1 This agreement becomes effective upon signature by both parties. It is concluded indefinitely and can be terminated by either party with a notice period of two weeks at the end of the month.
9.2 Hamburg Invest has the right to terminate the contract without notice, if Hamburg Invest no longer operates the HDB. The seller has the right to terminate the contract without notice once Hamburg Invest makes use of its right according to. § 4, section 4.3.
9.3 The right to terminate without notice for good cause remains unaffected.
9.4 Cancellations must be declared in text form (§ 126 b BGB).
§ 10 Other Previsions
10.1 This contract shall consist of this Agreement. General terms and conditions are not part of this contract.
10.2 Amendments and additions as well as verbal side agreements to this contract have not been made. For reasons of proof, the written form is compulsory for amendments to the contract. This also applies to the written form requirement itself.
10.3 Should provisions of this contract be or become ineffective or should there be a gap in the contract, the validity of the remaining provisions of the contract shall remain unaffected. The contracting parties shall act in such a way that the intended purpose is achieved and do all that is necessary to correct the partial non-fulfilment or to fill the gap. Instead of the ineffective provision or the filling in of the gap, an appropriate, legally permissible regulation is to become effect that comes closest to what the contracting parties would have wanted if they had considered the partial non-respect or gap.
10.4 The seller is obliged to keep all business and business matters of Hamburg Invest known to him in connection with the order secretly and not to pass them on to third parties. This applies always, irrespective of whether the relevant information or data has been expressly marked as confidential or not. The contents of the present contract shall also be treated as confidential in the above sense. The obligation shall remain in force even when the contract is terminated.
10.5 The law of the Federal Republic of Germany applies to the implementation of this contract.
10.6 The court of jurisdiction is Hamburg.