Conditions for using the tacho download and telematics portal

End customer contract

1. subject matter of the contract

The subject of this contract is the provision of services by TCD to the CUSTOMER in connection with the fulfillment of some of the obligations for data backup of the digital tachograph and the driver cards for the digital tachograph, which are regulated in 561/2006 EC and the Driving Personnel Ordinance.

TachoControl DATA GmbH
Kuhnbergstr.31
DE-73037 Göppingen

Phone: +49 7161 98481 280
Fax: +49 7161 98481 288
E-mail: info@tachocontrol-data.eu
www.tachocontrol-data.eu

Storage of the customer’s data by means of download products which are offered in tachocontrol-data.eu/shop. As well as locating the vehicles when using the telematics application.

2. rights and obligations of TCD

TCD undertakes to provide the CUSTOMER with the following services. These services are limited to data relating to the number of active driver cards and vehicles. The retention of the data contained in the mass memory of the vehicle’s digital tachograph and/or in the memory of the driver card, the transmission of which has been successfully completed, from the time of entry or manual transmission. Stored data is automatically deleted in accordance with the statutory provisions. Normally, the saved data can be viewed and analyzed immediately after entering your personal password.
The portal www.tachocontrol.de ( com ) enables customers to submit their data to the authorities responsible for land transportation or other supervisory authorities if required. In exceptional cases, availability of data for the CUSTOMER within a maximum of 24 hours after online request by the CUSTOMER. Confidential treatment of data. TCD shall not be obliged to provide the aforementioned services if and insofar as data has been manipulated. TCD is not responsible for data content due to a lack of verification options. TCD may commission third parties to perform the services. The provision of the service to the CUSTOMER by TCD presupposes that the data contained in the mass memory of the digital tachograph and/or in the memory of the driver card has been carried out using the options offered by TCD. The CUSTOMER is responsible for downloading the data. He can either carry out the necessary activities himself, using his own means, or he can visit a facility that has TCD download devices ready for downloading. In the event of termination, the CUSTOMER must save their own data on their PC and delete it from the portal. For this purpose, the portal will be made available for a further 4 weeks after receipt of the notice of termination. If the customer is not in a position to back up his data, he can order this as a service from TCD and the data will then be made available to him, e.g. on CD or USB stick etc..
The services in the form of fees are due in advance and are independent of the actual utilization of the services or use. Furthermore, it is agreed that additional fees may have to be paid for services in accordance with the valid price list (see additional services below).

TCD will automatically delete all vehicle and driver data stored after 12 months.

3. rights and obligations of the CUSTOMER

The CUSTOMER must check the successful download of the data using his access authorization. The CUSTOMER must protect the access data, e.g. passwords, himself or provide them with a secure password so that they cannot be accessed by hackers. TCD does not guarantee the security of customer passwords.

As remuneration for the services, the CUSTOMER shall pay TCD the amounts listed in the web store or current price list immediately and without deduction (advance payment in accordance with the quantity of this contract; subsequent invoices shall generally be made in the following month). If the Customer stores more data than it is contractually entitled to do so, TCD shall permit this for 5 working days. During this period, the customer must pay for the additionally stored data (for driver or vehicle) in the store. If this is not done, the last additional data record saved will be deleted after these 5 days.

If the direct debit authorization procedure is unsuccessful, EUR 20.00 will be charged for each direct debit. If payment is not made on time, online access will be blocked for 4 weeks until payment is made. If payment is still not made by then, TCD has the right to delete the customer’s data.

However, this shall not affect the term of the contract and we reserve the right to assert claims for damages (e.g. in the event of insolvency). The costs for any reminder letters are EUR 20.00 each. Once your account has been balanced, online access and data storage can be reactivated for a fee by mutual agreement. All communication such as confirmations or invoices, reminders and other information shall be sent exclusively by e-mail to the e-mail address provided by the CUSTOMER in the portal. The fees are due for the first time with the order in the web store or via a manual written order of this contract. The Customer revocably authorizes TCD to debit the fees and one-off claims by SEPA Core Direct Debit or other payment systems offered in the Webshop from the account/system specified by the CUSTOMER. This authorization shall also apply to a vicarious agent authorized by TCD.

4. conclusion of contract

This contract shall come into effect after the written order of the CUSTOMER or the triggering of a webshop order by a declaration of acceptance by TCD. Acceptance on the part of TCD shall be effected by sending an order confirmation to the CUSTOMER by e-mail. Amendments and supplements to this contract as well as its termination must be made in text form to be effective. The same applies to the waiver of the text form requirement.

4. credit report

TCD is entitled to check the CUSTOMER’s creditworthiness and VAT ID number and to obtain information from recognized organizations. Furthermore, TCD is entitled to forward information that does not relate to the customer relationship to these organizations. (issuance of an enforcement order, enforcement measures). TCD is also entitled to receive data from these organizations relating to other contractual relationships of the customer. TCD will only transmit and/or receive data in the sense described above if this is necessary to safeguard the legitimate interests of TCD, the credit protection organization or the general public and if the interests of the customer that are worthy of protection are not impaired at the same time. TCD can use this information in its subsidiaries if required.

6. declaration of consent

The Customer permits TCD to use and evaluate the connection and online data to improve and evaluate the various services.

7. contract term

The stated terms are minimum terms. The term begins when the contract is concluded. Unless otherwise stipulated above, the minimum term is 12 months. If the contract is not terminated with a notice period of 1 month before the end of the term, it is extended for a further year. The right to terminate the contract without notice for good cause remains unaffected by this. Should the contract be terminated in advance for whatever reason, TCD has the right to issue a final invoice which includes the amount of the fees up to the regular expiration date.

8. confirmation

The customer hereby confirms the accuracy and completeness of the information provided. In addition, the General Terms and Conditions of TCD in the respective valid version shall apply to this contract. These are available on the Internet at www.tachocontrol-data.eu/AGB. They can be saved or printed out at any time. The customer’s general terms and conditions and conditions of purchase shall not apply. The service descriptions and the current price lists were handed out. Should any provision of this contract be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be deemed to be replaced by a valid provision which corresponds to the economic purpose of the invalid provision to the greatest possible extent.

This contract is subject to German law.

The exclusive place of jurisdiction for all disputes in connection with this contract shall be the registered office of TCD. However, TCD may also take judicial and extrajudicial measures at the CUSTOMER’s general place of jurisdiction. Proof of authorization to sign is provided by means of the enclosed excerpt (copy) from the company register/commercial register and a copy of an identity document (passport, identity card). In order to order the products, the commercial register number must be provided.

9. dealer conditions

If a Dealer wishes to conclude a contract with TCD, the Dealer must register as such on the Dealer Portal of the TCD website. The separate contractual terms and conditions to be found there shall then apply in addition, to which the Dealer declares its agreement after acceptance of its Dealer status by TCD.

TachoControl DATA GmbH
Kuhnbergstraße 31 D-73037 Göppingen
Tel: +49 (0)7161 98481 – 280
Fax: +49 (0)7161 98481 – 288
www.tachodatenscout24.de

www.tachocontrol-data.eu
e-mail: ralf.semmler@tachocontrol-data.eu

Managing Director: Ralf Semmler
Register court Ulm HRB 720391 10/2020

Terms of contract as PDF