on behalf of Vantage Towers AG

Terms of Use

  1. Scope of application

    1. MD7 LLC, 950 W Bethany Dr, Suite 700, Allen, Texas 75013 ("MD7") operates the Landlord Ticket System ("System"), available at https://vantage-towers.md7.com
    2. The System allows Landlords to submit information to MD7 as available from time to time in the functional scope on the System. Use of the System is free of charge for the Landlord.
    3. These Terms of Use shall apply in the latest version accepted by the Landlord. The languages available for the conclusion of the contract are English and German. MD7 does not store the Terms of Use for the Landlord, the latest valid version of the Terms of Use is accessible via the System.
    4. General terms and conditions of the Landlord shall not become part of the contract between MD7 and the Landlord, even if they are not expressly contradicted by MD7.

  2. Access requirements and use of the System

    1. The prerequisite for most of the functions available via the System is an effective contract between the Landlord and MD7 or a Lessee on whose behalf MD7 is acting. This contract is not modified or terminated by the Terms of Use.
    2. The Landlord is obliged to use the functions available via the System in accordance with their intended use and only to provide truthful information.

  3. Technical requirements

    1. The use of the System requires a compatible end device, for the operation of which the Landlord is responsible, including access to the Internet.

  4. Rights of use

    1. MD7 grants the Landlord a simple, non-transferable and non-sublicensable right, limited in time to the term of the Terms of Use, to use the System to the extent stipulated in the Terms of Use. This includes loading, displaying and running the System on the Landlord's device.

  5. Liability

    1. MD7 shall be liable for damages in connection with the use of the System within the framework of the statutory provisions, irrespective of the legal grounds, only in accordance with the following provisions:
      1. MD7 shall be liable without limitation for damages arising from injury to life, body or health as well as for damages based on intent or gross negligence on the part of MD7, its legal representatives or vicarious agents, as well as for damages due to non-compliance with a guarantee given by MD7 or due to fraudulently concealed defects.
      2. MD7 shall be liable on the merits for all other damages based on a slightly negligent breach of material contractual obligations by MD7, its legal representatives or vicarious agents. Material contractual obligations (cardinal obligations) are those whose fulfilment is essential for the proper performance of the contract and on whose compliance the contractual partner may regularly rely. In these cases, MD7 shall be liable for the amount of the foreseeable damage typical for the contract. In all other cases, liability is excluded.
      3. Liability under the Product Liability Act remains unaffected by the above provisions.
    2. The Landlord is obliged to take appropriate measures to avert and minimize damage, in particular, if technically possible, to ensure suitable backup of its data in the operation of equipment used. Liability for data damage or data loss shall be limited to the typical restoration costs that would have been incurred if back-up copies had been made regularly and in accordance with the risk and if adequate virus protection had been used.

  6. Availability

    1. MD7 shall make every reasonable effort to make the System available via the Internet. However, as with other services used via the Internet, the availability of the System is also dependent on the services of third parties. The System and the underlying infrastructure are also subject to regular technical maintenance.
    2. Furthermore, according to the current state of the art, data communication via the Internet cannot always be guaranteed to be error-free and/or available at all times.
    3. The System may therefore be temporarily unavailable or only available with limited functionality and MD7 is therefore not responsible for the constant and uninterrupted availability of the System.

  7. Term and termination

    1. The contract based on these Terms of Use is concluded for an indefinite period and may be terminated by the parties at any time.

  8. Data protection

    1. When processing personal data of the Landlord, MD7 shall observe the applicable data protection provisions as well as the website privacy notice of MD7 for the System, available at https://vantage-towers.md7.com/privacypolicy

  9. Final Provisions

    1. The contractual relationship between the Landlord and MD7 shall be governed exclusively by the laws of the Federal Republic of Germany. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
    2. The exclusive place of jurisdiction for all disputes arising from or in connection with these Terms of Use is Cologne , Germany.
    3. There are no ancillary agreements to these Terms of Use. Amendments and supplements to these Terms of Use must be made in writing, unless a stricter form is prescribed by law. This also applies to amendments or supplements to this written form clause.
    4. If any provision of these Terms of Use is or becomes invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions of these Terms of Use.
    5. The assignment or transfer of the rights and obligations arising from the Terms of Use to a third party is not permitted without the prior written consent of MD7.