Terms of use SMA Online Order Center

General Information

The SMA Online Order Center is a comprehensive B2B-platform offered by SMA Solar Technology AG (hereinafter referred to as "SMA") to every registered user (hereinafter referred to as "user") on the website OOC.SMA.de or its country-specific URL. After the initial registration the user may order a multitude of SMA products and services. Further the user can manage this order within the following online service:

"Online Order Center"

1. Use of the SMA Online Order Center

Every natural, fully contractually capable person over 18 years of age or any legal person may become a user of the SMA Online Order Center. It must be ensured that a natural person authorized to manage the user's data is named as the administrator of the access to the SMA Online Order Center if a legal person is registered.

To use the SMA Online Order Center, the user receives password-protected access upon registration. The registration for the SMA Online Order Center is done using an online form.

The user is obligated to provide only true information that is not misleading. The user is obligated to provide only true information that is not misleading. Furthermore, the user is required to handle all user IDs and passwords confidentially and to refrain from disclosing them to unauthorized third parties.

SMA must be notified immediately upon the loss of login data, or when it is suspected that the data has been misused. Should SMA become aware of this, SMA is permitted to take the necessary countermeasures and, particularly in the case of misuse, to exclude the respective user from further use.

SMA particularly reserves the right to deny access to registered users to the SMA Online Order Center at any time and to deny them further access if and when these users cannot provide sufficient evidence of being authorized by the authorized plant operator concerned to register the plant concerned. In these cases, the user may neither further use nor enjoy unrestricted use of the Online Order Center.

The SMA Online Order Center, within the framework of a knowledge database, can offer a wide range of information and manuals, e.g. for the installation and maintenance of SMA products. When working with electrical installations and devices, improper handling could lead to serious risks to the life and health of individuals as well as extensive property damage. For this reason, SMA expressly points out that the active implementation of information provided, especially interference with devices, may only be carried out by electrically qualified persons unless it is expressly stated that unqualified individuals may carry out the work. Electrically qualified persons are trained to handle electrical installations and are familiar with the risks involved; they are aware of the standards, directives, and laws applicable in the installation country. DIN VDE 1000 10 serves as the basis in Germany and as a basis for comparison in other countries. Liability on the part of SMA for any damage caused as a result of failing to comply with these safety messages is expressly excluded.

2. Use limitations

The SMA Online Order Center website provided for use was developed by SMA and is protected by copyright laws. SMA possesses all the rights of use and distribution. The user may only use and exploit the information and results of this online service within the framework of these terms of use. He may process this information for his own purposes only.

3. Users

If the SMA Online Order Center should offer this option, users may upload their own content or instruct others to do so, provided that the storage space provided by the SMA Online Order Center is sufficient. The user is not entitled to publish submitted content, nor is he allowed to permanently store content in the SMA Online Order Center. SMA is not responsible for the content, correctness, or the form of the posted information. In addition, the user undertakes to protect and to refrain from violating the rights of third parties, in particular trademark rights, copyright, and personal rights. The posting of content which glorifies violence, which is pornographic or discriminatory, or other content which is illegal or which offends common decency is prohibited.

4. References and Links

The information published on this website also includes appropriately highlighted links or references to third-party websites. The supplier who makes this content available shall have sole responsibility for it. SMA only provides access to this content. SMA has no influence on the current appearance, content, or authorship of linked/referenced sites. For this reason, SMA hereby expressly distances itself from all content of linked/referenced sites. The operator of a website providing illegal, inaccurate, or incomplete contents is solely liable for any damages, especially those arising from the use or non-use of third-party information, and not the person who merely refers to the publication in question by placing links on his website.

5. Disclaimer

SMA shall not assume any responsibility for the accuracy, correctness, completeness or quality of the information, documents and indicated prices and proceeds information made available. SMA assumes no responsibility for any errors or omissions in the specified information to which a reference was made there, or which is linked to it.

All liability claims against SMA relating to damages of material or immaterial nature, which were caused by the use or non-use of the provided information or due to the use of erroneous or incomplete information, are excluded provided that no intentional or grossly negligent culpability exists on the part of SMA. In particular this applies for damages arising from loss of use, data loss, or loss of revenue.

Liability for data loss is limited to the typical cost to recover the data which would apply when making regular backups appropriate to the risk, unless there was an intentional or grossly negligent act on the part of SMA.

It is the user's sole area of responsibility to check the content of the results gained from the use of the SMA Online Order Center and their suitability for the particular purpose of use.

The user does not have any claim to the availability of the SMA Online Order Center nor to data availability.

6. Changes

The user undertakes to regularly check and update his personal information, customer relationships, company affiliation, and contact details, particularly his e-mail address. SMA is entitled to demand a verification for substantial changes.

SMA reserves the right to change these Terms of Use at any time, when this is required for legal or factual reasons. SMA will announce changes to the terms of use in good time prior to their coming into force.

SMA also reserves the right to change, enhance, delete, or to temporarily or permanently suspend individual pages, parts of pages, or the entire website without prior notification.

7. Data Protection

Use of this SMA Online Order Center website is covered by the data protection declaration. The provisions contained therein thus become subject of these Terms of Use. Additional information on data protection can be found in the imprint on the website OOC.SMA.de or its country-specific URL.

8. Applicable Law, Court of Jurisdiction

Where the user is a contractor, these terms of use shall be subject to the substantive or adjective law of the Federal Republic of Germany. Where the user is a consumer, these Terms of Use shall be subject to the substantive or adjective law of the Federal Republic of Germany, provided they are not opposed by any mandatory legal provisions, in particular consumer protection legislation.

Whenever the user is a merchant as defined by the German Commercial Code, a separate fund under public law or a legal entity under public law, Kassel shall be the sole court of jurisdiction for all disputes arising from these terms of use.

9. Severability clause

Should parts or individual formulations of these terms of use not, no longer, or not fully comply with applicable law, this shall have no effect on the remaining parts in terms of their content or validity. The ineffective provision shall be replaced with a regulation to be determined by means of interpretation, which comes as close as possible to the financially and actually intended regulation in a legally effective way.

Please send comments about these terms of use to
OOC.Support@SMA.de

Niestetal, February 2017
SMA Solar Technology AG

©2017 SMA Solar Technology AG