(State 09.09.2015.)
1 Subject matter and formation of contract
1. The Pharmaceutical Outsourcing Network operates under farmavitar.com, farmavitar.eu, farmavitar.hr and bipharmaexperts.com.com, tender and representative platforms for those consulting in life science and healthcare industry and prospective employers (see under “Users”). Pharmaceutical Outsourcing Network is a product of Farmavita Regulanet d.o.o., Okicka desni odvojak 2, HR-10430 Samobor, Croatia, European Union.
2. A contract about the use of services on Pharmaceutical Outsourcing Network comes into force when a user registers and signs on to the system and also during membership upgrading. By completing a user contract, the user gains access rights to Pharmaceutical Outsourcing Network.
2 Benefits of the data service
1. The user has the right to use the services offered by Pharmaceutical Outsourcing Network in accordance with the following conditions.
2. The data puts information at the user’s disposal via an electronic database. Some of this information can only be viewed anonymously.
3. The data service can be accessed by the user from the Pharmaceutical Outsourcing Network computer center using the internet.
4. Pharmaceutical Outsourcing Network can make no guarantee for uninterrupted support by the Pharmaceutical Outsourcing Network services. Work that is required for maintenance and data storage in particular can lead to interruptions in the service. Pharmaceutical Outsourcing Network is free of obligation to provide services during these time periods as well as for a reasonable delay before operation and during the follow-up time.
5. In the case of force majeure and unforeseen events such as fires, strikes, lockouts and other such situations, which are not connected to Pharmaceutical Outsourcing Network and cause a reduction or discontinuation of Pharmaceutical Outsourcing Network services, Pharmaceutical Outsourcing Network is not obligated to provide services for the duration of the reduction or discontinuation. Force majeure also applies if Pharmaceutical Outsourcing Network is forced to reduce or completely halt services due to a computer virus in the system and Pharmaceutical Outsourcing Network cannot adequately fight against the invasion of the virus.
6. Some functions of the service are liable to charge and can only be accessed by a premium account holder.
7. Prospective employers may not have multiple active accounts when searching for or hiring freelancers. This also applies to other individuals or companies, with which the employer is directly or indirectly involved and which are under the project holder’s ownership or to whose account they have access.
8. Pharmaceutical Outsourcing Network reserves the right to expand, change and improve its services. Further, Pharmaceutical Outsourcing Network reserves the right to restrict services to a reasonable extent.
9. Services that Pharmaceutical Outsourcing Network offers free of charge can be subject to closure at any time and without advance notice.
10. The closure and modification of free services, as subject to the conditions in §6, do not entitle the user to a claim for reduction, reimbursement or damages.
3 Content of data service
1. Pharmaceutical Outsourcing Network reserves the right to editorial freedom with reference to the layout, content and mode of its data service. In the particular interest of keeping data up-to-date and in response to general changes in the demand for information, Pharmaceutical Outsourcing Network reserves the right to change the mode and content of the data service. These changes will not affect the contract or charged services. For the above stated reasons, Pharmaceutical Outsourcing Network also reserves the right to change the communication methods and databanks linked to the data service.
2. The user acknowledges that information taken by Pharmaceutical Outsourcing Network from employers and freelancers, or information entered into the system by these parties, has no connection to Pharmaceutical Outsourcing Network and is also not reviewed by Pharmaceutical Outsourcing Network.
3. The user confirms that trade mark rights could apply to parts of the service. The user agrees neither to remove nor change beyond recognition any copyright notes or other notices of such rights from the material in the data services. The user agrees to follow the instructions given by the copyright holder to use their material. The user acknowledges that both employers and freelancers can bar the user from accessing this information.
4. The user explicitly agrees to the processing of their details, particularly searches that the user has made to find information and also information from the user about projects that they receive, as well as entries into their profile and the forwarding of their profile.
4 User Obligations
1. The user is obliged to use the Pharmaceutical Outsourcing Network services appropriately. In particular, the user is obliged:
- a. to make sure not to overload the network infrastructure, or any part of it, through excessive use;
- b. not to misuse the accessibility options of the Pharmaceutical Outsourcing Network service and not to enter into any unlawful acts;
- c. to adhere to public acts and licensing requirements, as well as seeking official authorisation, insofar as it may be required for participation on the Pharmaceutical Outsourcing Network site presently or henceforth;
- d. to allow for the recognised basics of data security, in particular keeping passwords secret, as well as changing them promptly or to make changes to them in the event that the user suspects an unauthorised third party of having acquired knowledge of them;
- e. to promptly notify Pharmaceutical Outsourcing Network of any obvious defects or damage (Failure Report);
- to do everything reasonably possible to help us discover the problem and its cause, or to help or speed up the elimination of the fault.
2. Pharmaceutical Outsourcing Network is to be informed of changes of the user’s address in writing at least 30 days in advance. Pharmaceutical Outsourcing Network accepts no responsibility for impairment of performance or defaulting on an obligation, to which Pharmaceutical Outsourcing Network is bound by the contract made between the user and a third party, as a result of late notification of the user’s change of address.
3. Upon the user’s violation of the obligations stated in § 4 paragraph 1, Pharmaceutical Outsourcing Network reserves the right to cancel the contractual relationship subject to indemnity claims without prior notice.
4. The user is personally responsible for all relevant permission and authorisation needed to use our service. The user must only access and receive data and information, which he/she is permitted to access under agreed stipulations. The user acknowledges that he/she – not Pharmaceutical Outsourcing Network – is liable for any damages which result from accessing, processing or relaying anything but the data identified in the agreed contract concerning the use of services.
5. Furthermore, the user is obliged to only use the service and its information within the bounds of his/her contract and for his/her own purposes. The user agrees not to use the service for unlawful purposes or to allow its unlawful use.
6. It is also not permitted for employers to offer projects to freelancers, which run in competition with the Pharmaceutical Outsourcing Network service, this refers in particular, but not exclusively, to offering freelancers admission to their own database, through which they can receive further offers of work through the employer.
7. Messages to freelancers must be personalised and contain a clear reference to the freelancer’s profile.
8. Open messages, multilevel marketing (MLM), sending spam messages as well as similar exploits are expressly forbidden.
5 External links
The Pharmaceutical Outsourcing Network portal contains links to websites that are run by other suppliers. Pharmaceutical Outsourcing Network checks these websites when the link is posted, provided that the link is posted by Pharmaceutical Outsourcing Network themselves, and is not responsible for any changed content in these websites. Links posted by users onto the website can only be checked at random. For these reasons, Pharmaceutical Outsourcing Network expressly distances itself from all content of all of the linked sites and absolutely does not adopt this content as its own. This statement stands for all links posted on the site and all incorporated frames.
6 Warranty
1. Pharmaceutical Outsourcing Network will take all measures necessary to ensure the accuracy and reliability of our services.
2. Pharmaceutical Outsourcing Network provides no warranty that the information contained in the data service is correct, complete or extensive.
3. Further claims to warranty, unless guaranteed characteristics have not been met, will not be considered. The conditions in § 7 remain unaffected.
7 Liability
1. Compensation for impossibility of performance, breach of obligation other than by delay or impossibility, culpa in contrahendo and wrongful acts may not be claimed from Pharmaceutical Outsourcing Network or vicarious agents with respect to contractual or tortious liability, as long as the claims do not concern death, injury to body or health, violation of fundamental contractual obligations (material obligations), or due to wilful or grossly negligent actions.
2. In the case of the violation of contractual obligations, Pharmaceutical Outsourcing Network is responsible only for calculable damages, as per standard contract provisions, if it has simply been caused by negligence. This does not apply in cases of the user’s claims for compensation arising from death and injury to body and health.
3. Pharmaceutical Outsourcing Network takes no responsibility for the completeness, accuracy or currency of data or external material accessed through the Pharmaceutical Outsourcing Network services, nor does Pharmaceutical Outsourcing Network guarantee that this information is exempt from third parties’ rights, and takes no responsibility as mediator.
4. Pharmaceutical Outsourcing Network does not accept responsibility for any damages that occur when user’s information can be observed due to the technical transfer methods that are generally used by internet and network providers such as Deutsche Telekom AG.
5. Pharmaceutical Outsourcing Network takes no responsibility for other users’ misuse of the data services. The user exempts Pharmaceutical Outsourcing Network from any liability claims against third parties, which arise out of the accessibility of the data service to the user, or the use of the data service through the user, provided these claims do not concern an infringing act by a legal or tortious agent of Pharmaceutical Outsourcing Network.
6. In case that a claim of compensation is not excluded by any other regulations in these terms and conditions, the compensation is limited to EUR 50.00 with injuries that occurred while using of Pharmaceutical Outsourcing Network services, while sending and saving data or because of these actions, depending on their extent. The conditions in §7 paragraphs 1 and 3 remain unaffected by this.
7. Pharmaceutical Outsourcing Network accepts absolutely no responsibility for any losses that the user might incur due to missing or incorrect information on the Pharmaceutical Outsourcing Network data service.
8. The user accepts responsibility for all consequences and penalties that Pharmaceutical Outsourcing Network and third parties come across due to misuse or unlawful use of the Pharmaceutical Outsourcing Network service, or due to the user’s failure to fulfil his/her other obligations. The user is specifically bound, after the issue of a Failure Notice under § 4 paragraph 1e, to reimburse Pharmaceutical Outsourcing Network for the cost of the review of facilities, if and when it transpires after the review that the user is responsible for the failure.
9. In response to offences against the prohibition in § 4 paragraph 8, Pharmaceutical Outsourcing Network reserves the right to demand compensation from the user to the amount of the injury that has occurred and to cover the cost of repairing the damage.
8 Terms of payment
1. The stipulated fee according to the accepted price list at any given time is payable up front in intervals of either monthly, quarterly, every half-year, every year or up to two years after registering.
2. The user must also pay fees for the access and use of Pharmaceutical Outsourcing Network services made available through authorised third parties.
3. The stipulated payment and the sales tax charged on top of that are to be made promptly. For every dishonoured bill or rejected debit payment, the user must pay Pharmaceutical Outsourcing Network an estimated cost to the sum of €10.00.
4. If the user claims that neither he/she nor a related third party is responsible for the bill directed at them, then he/she must provide proof.
5. The charges for Pharmaceutical Outsourcing Network data services mentioned here do not include the use of telephone services, data networks or other such means of data transfer. It also excludes further charges or services from other independent operators, such as internet providers or network operators.
6. Pharmaceutical Outsourcing Network can, at any time, raise charges for the data services provided to users as is commercially customary, subject to a term of four weeks in which Pharmaceutical Outsourcing Network will announce the changes in writing.
7. The user agrees to receive bills electronically when required.
9 Delayed payment
1. If the user fails to pay fees, Pharmaceutical Outsourcing Network is within its rights to deny access, to charge 4% interest for delay on top of the relative bank rate of the Zagrebacka Banka d.d. and, unless Pharmaceutical Outsourcing Network establishes a higher interest load, end the contract without notice.
2. Pharmaceutical Outsourcing Network reserves the right to assert further claims for late payment.
10 Setoff and retention rights
1. Even when contractually bound to a deadline, Pharmaceutical Outsourcing Network is not responsible for any delivery and performance delays caused by errors or failures in communication networks and gateways of internet providers or networks operators. Such cases permit Pharmaceutical Outsourcing Network the right to postpone deliveries, the length of which including the time it takes to deliver as well as adequate warm-up time.
2. Stopped services as a result of failures outside of Pharmaceutical Outsourcing Network’s responsibility are not refundable. Down time will also be balanced out by prolongation of maturities. Obligations under §7 paragraphs 1 and 2 remain unaffected.
3. Set-off and retention rights are only available to the user if their claim against Pharmaceutical Outsourcing Network is unchallenged and absolute. All withholding of payments that affect another contractual agreement is disallowed.
4. If the user breaks any terms of his/her contract with regards to use of the data service, Pharmaceutical Outsourcing Network is entitled to prevent the user from accessing the data service or sections of it, without cancelling the user’s contractual obligation to pay for the services, and free from further claims.
11 Use through third parties
1. In accordance with § 4 paragraph 5, the user is not entitled to divulge general or specific information about the Pharmaceutical Outsourcing Network service to third parties or grant them use of the site, or in any such way disperse or publicise the service. These third parties are also those persons or companies in which the user participates directly or indirectly wholly owns. In violating these conditions, the user is liable to reimburse Pharmaceutical Outsourcing Network for any further compensation claims for the cost incurred by the third party.
2. The user agrees neither to trade information about themselves, nor to commercially edit them, and not to do this for third parties.
3. If the use of Pharmaceutical Outsourcing Networks services through a third party is expressly authorised by Pharmaceutical Outsourcing Network, the user must accordingly instruct them in the use of the service. If the third party does not use the service, the user has no grounds for claims to reduction, reimbursement or damages against Pharmaceutical Outsourcing Network.
4. Pharmaceutical Outsourcing Network reserves the right to immediate termination of a contract if obligations are broken in accordance with § 11 paragraphs 1 to 3.
12 Duration and termination of the contract
1. The contract for the use of the Pharmaceutical Outsourcing Network data service is indefinite and is subject to notice of one month.
2. Either party may terminate the contract, and it must be sent in writing. Terminations via email are invalid.
3. Pharmaceutical Outsourcing Network reserves the right, without prejudice to further claims, to terminate contracts immediately and without yielding rights to the user, if the user breaks basic contractual obligations, particularly those set out in § 11 or the obligations of payment in § 8. The same applies if the user breaks the obligations stated in § 4. Pharmaceutical Outsourcing Network reserves the right to terminate the contract immediately if the user causes errors in Pharmaceutical Outsourcing Network’s database or the information carriers, by his/her use of the data service.
4. Right of recourse and waivers of rights regarding Pharmaceutical Outsourcing Network remain valid after the termination of a contract.
5. In the event of the termination of a contract, fees already paid will not be refunded. The minimum contract duration is three months.
6. The user can at any point repeal their contract’s termination. Their previous termination will then be annulled.
13 Secrecy
Information entered into Pharmaceutical Outsourcing Network, particularly entries into profiles, is not taken as confidential, unless clearly stated to be otherwise in writing.
14 Right of revocation
The user may withdraw his/her contractual acceptance, which he/she has given by registering as a member with Pharmaceutical Outsourcing Network, in writing (e.g. post, fax, email) without needing to state reasons within two weeks. The cancellation period begins when the user registers with the system, and at the point of a membership upgrade, the earliest is, however, upon receipt of the termination policy. If the user receives the termination policy after activation of his/her account, the cancellation period will be 1 month.
Sending the termination notice in good time will ensure that the contract will be terminated before the end of the cancellation period.
Terminations to be sent to:
Pharmaceutical Outsourcing Network
Farmavita Regulanet d.o.o.
Zagorska 52
HR-10430 Samobor
Croatia
Results of termination
After the successful termination of an account, Pharmaceutical Outsourcing Network deletes all of the user’s details.
15 Place of jurisdiction
1. Under commercial law the place of jurisdiction for business people for all terminated contracts with Pharmaceutical Outsourcing Network is Zagreb, Croatia.
16 Final conditions
1. These general terms and conditions serve as the basis of any concluded contract with Pharmaceutical Outsourcing Network. Users may not under any circumstances cite their own business or trade terms and conditions in order to oppose those here.
2. No party may surrender the rights they gain in this contract to another third party without previous permission from the other parties involved.
3. Croatian law under the exclusion of the law of the international law of conflict is understood as agreed, as well as the United Nations Convention on Contracts for the International Sale of Goods (CISG).