Conditions for the use of Tachodownload and Telematik Portal

End customer contract

1. Subject of the Contract

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

TachoControl DATA GmbH
Kuhnbergstr.31
DE-73037 Göppingen

Tel.: +49 7161 98481 280
Fax: +49 7161 98481 288
Email: info@tachocontrol-data.eu
www.tachocontrol-data.eu

Storage of customer data via download products offered in the tachocontrol-data.eu/shop. Both when using the Telematik application and tracking the vehicles.

2. Rights and obligations of TCD

TCD undertakes to provide the following services to the CUSTOMER. These services are limited to data regarding the number of active driver cards and vehicles. The retention of 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 recording or manual transmission. Stored data is automatically deleted in accordance with the statutory provisions. Normally, the stored data is immediately visible for viewing and evaluation after entering your personal password.The portal www.tachocontrol.de ( com ) enables the customer to hand over his data to the authorities responsible for land transport or other supervisory authorities if required. In exceptional cases, the availability of data for the CUSTOMER within a maximum of 24 hours after online request by the CUSTOMER.  Confidential treatment of data. TCD is not obliged to provide the aforementioned services if and to the extent that data has been manipulated. TCD is not responsible for data content due to the lack of possibility of verification. 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 implemented using the options offered by TCD. The CUSTOMER shall bear the responsibility for downloading the data. He can either carry out the activities required for this himself, using his own means, or he can go to a facility that has download devices from the TCD ready for downloading. In the event of termination, the CUSTOMER must save his own data on their PC and delete it from the portal. The portal will be made available for another 4 weeks after receipt of the notice of termination for this purpose.  If the customer is not able to back up his data, he can order this from TCD as a service 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 payable in advance and independent of the actual use of the services or usage. Furthermore, it is agreed that additional charges may be payable for services in accordance with the valid price list (see Additional services, among others).

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

3. Rights and obligations of the CUSTOMER

The CUSTOMER must check the successful download of the data using his access authorisation. The CUSTOMER must protect the access data – e.g., passwords – himself or provide a secure password so that it is not accessible to 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 webshop or current price list immediately and without deduction (advance payment according to the quantity of this contract. Subsequent invoices are usually made in the following month). If the Customer stores more data than he is contractually entitled to store, TCD will permit this for 5 working days. During this period, the customer must pay for the additional data stored (for driver or vehicle) in the shop. If the payment is not made, the last additional data set saved will be deleted after these 5 days.

If the dues cannot be collected by direct debit authorisation, a return debit note fee of EUR 20.00 will be charged for each unsuccessful collection. If payment is not made on time, online access will be blocked for 4 weeks until payment is made. If the customer has still not made the payment by then, TCD has the right to delete the customer’s data.

However, the term of the contract is not affected by this 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 dues have been cleared, 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 email to the email address furnished  by the CUSTOMER in the portal.  The charges are due for the first time with the order in the webshop or via a manual written order of this contract. The CUSTOMER authorises TCD to debit the charges, as well as one-off claims by SEPA direct debit or other payment systems offered in the webshop, from the account/system specified by the CUSTOMER. This authorisation is revocable. This authorisation also applies to a vicarious agent authorised by TCD.

4. Conclusion of contract

This contract comes into effect after the written order from the CUSTOMER or the initiation of a webshop order through the declaration of acceptance of TCD. Acceptance on the part of TCD is effected by sending an order confirmation to the CUSTOMER by email. Amendments and supplements to this contract, as well as its cancellation, 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 recognised organisations. Furthermore, TCD is entitled to pass on information to these organisations that does not relate to the customer relationship. (issuance of an enforcement order, enforcement measures). TCD is also entitled to receive data from these organisations concerning other contractual relationships of the customer. TCD will only transmit and/or receive data in this sense if this is necessary to protect the legitimate interests of TCD, the organisation for securing credit or the general public, and if the interests of the customer worthy of protection are not impaired at the same time. TCD can use this information in its subsidiaries as needed.

6. Declaration of Consent

The customer allows 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 with the conclusion of the contract. Unless otherwise stipulated above, the minimum term is 12 months. If the contract is not terminated with 1 month’s notice before the end of the term, it shall be extended by a further year in each case. The right to terminate without notice for good cause shall remain unaffected by the same. Should the contract be terminated in advance for whatever reason, TCD has the right to issue a final invoice which includes the amount of fees up to the regular expiry date.

8. Confirmation

The customer hereby confirms the accuracy and completeness of the information provided. The General Terms and Conditions of TCD, as applicable from time to time, shall otherwise apply to this contract. These are available on the internet at www.tachocontrol-data.eu/AGB. They can be saved or printed at any time. The customer’s general terms and conditions of business and purchase shall not apply. The service descriptions and the current price lists were provided. Should any of the provisions of this agreement be or become ineffective, this shall not affect the legal validity of the remaining provisions hereof. The invalid provision shall be deemed to be replaced by a valid provision which corresponds as far as possible to the economic purpose of the invalid provision.

This contract is subject to German law.

The exclusive place of jurisdiction for all disputes in connection with this contract is the registered office of TCD. However, TCD may also take judicial and extrajudicial measures at the CUSTOMER’S general place of jurisdiction. The signature authorisation is proven by means of the enclosed extract (copy) from the commercial register and the copy of an identity document (passport, identity card). The commercial register number must be provided to order the products.

9. Terms and conditions for dealers

If a dealer wishes to enter into a contract with TCD, the dealer must register as such on the dealer portal of TCD’s website. The separate contractual terms and conditions found there, to which the dealer agrees after acceptance of his dealer status by TCD, shall then apply in addition.

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

www.tachocontrol-data.euEmail: ralf.semmler@tachocontrol-data.eu

Managing Director: Ralf Semmler
Court of registration Ulm HRB 720391                                                                                                                              10/2020

Contractual terms and conditions as PDF