Registre: Handelsregister Basel-Stadt No. CH270.4.014.796-3, Switzerland VATIN: CHE-113.182.626 MWST Greifengasse 38 (4th floor) CH-4058 Basel Suisse, email: [email protected] phone number +33 3 69 31 45 45
Conditions of use
7. SUBSCRIPTION PERIOD.
9. REFERRALS & LINKS.
10. CUSTOMER RESPONSIBILITIES.
11. FORKAST RESPONSIBILITIES.
14. INFORMATION EXCHANGE.
16. ENTIRE AGREEMENT.
17. GOVERNING LAW.
1.01. FORKAST is operated by meteoblue AG, a company incorporated in Basel, Switzerland, providing professional services for the renewable energy industry.
1.02. SERVICES: You can benefit from FORKAST services, products and data through our website, messages, and by contacting us.
1.03. TERMS: By using our services, products and data you enter an AGREEMENT with FORKAST, become a CUSTOMER and accept the SERVICE TERMS as stated below..
1.04. VALIDITY: FORKAST has the right to amend, change or revoke the SERVICE TERMS, unless otherwise agreed with the CUSTOMER. Changes will be announced on the SERVICE WEBSITE. Differing terms must be agreed in writing.
1.05. UTILISATION: usage of our services by any private or commercial entity for NON-COMMERCIAL or COMMERCIAL purposes. NON-COMMERCIAL UTILISATION includes private, research, welfare and disaster relief purposes.
1.06. COMMERCIAL UTILISATION: FORKAST provides specific SERVICES for CUSTOMERS who use SERVICES to generate revenue. FORKAST offers specific contractual terms for these needs. Terms differing from the general terms must be agreed in writing.
1.07. RESPONSIBILITIES: FORKAST and CUSTOMER are responsible for ensuring the services are used according to local legislation and according to the SERVICE TERMS.
1.08. WARRANTIES: FORKAST offers this SERVICE as is, without further warranties, express or implied, unless otherwise specified in separate AGREEMENT between CUSTOMER and FORKAST and takes no liability whatsoever for any claims resulting from the provision of the services, other then those specifically agreed in a separate contractual arrangement.
1.09. LIABILITY: FORKAST takes no liability whatsoever for any claims resulting from the provision of the services, other than those specifically agreed in a separate contractual arrangement.
1.10. SUMMARY: this constitutes a short summary of the FORKAST SERVICE TERMS. For further details, consult sections 2 to 17.
2.01. FORKAST is a web-based service operated by Gaoithe Renewable Energy Consulting, and associated partners, subsidiary or affiliated business entity which is controlled by or is under simple majority control of Gaoithe Renewable Energy Consulting, Strasbourg, France.
2.02. DATA is a set of electronically stored information, formatted as, but not limited to, data tables, graphics, pictures, movies, SMS messages, XML data feeds and other reproduceable formats.
2.03. PRODUCT is a defined data output produced by FORKAST, in the form of, but not limited to data in electronic form transmitted through internet web sites, FTP sites, WAP, SMS or other related technologies.
2.04. SERVICE is the supply of a PRODUCT to a CLIENT under agreed SERVICE TERMS.
2.05. SERVICE TERMS is the set of terms and conditions agreed between the CUSTOMER and FORKAST for the UTILISATION of FORKAST SERVICE.
2.06. AGREEMENT is the acceptance by the customer of the SERVICE TERMS, supplemented where appropriate by more detail definitions of deliverables, specifications, licenses and other terms. Acceptance of service terms can be received electronically, by email, SMS or in written. SERVICE TERMS different from the general Terms and conditions require written confirmation by FORKAST.
2.07. LICENSE is the definition of the CUSTOMER’s rights to use the SERVICES, PRODUCTS, DATA and trademarks of FORKAST.
2.08. CUSTOMER is the legal entity or person responsible for acceptance and adherence to SERVICE TERMS.
2.09. USER is the person or system accessing the SERVICE, on behalf of CUSTOMER and from whom PERSONAL DATA may be collected. For automated services, the USER is defined as the person in charge of the automated access device.
2.10. PERSONAL DATA means information relating to an identified or identifiable natural or legal person, for example, the name, age, e-mail address or mailing address of the individual, or also demographic data (post code, gender, interests, etc.) and other information associated to a natural or legal person.
2.11. WEBSITE refers to any electronic data transmitting device which can be accessed or viewed by USER.
2.12. SERVICE SITE refers to any Website operated by or on behalf of FORKAST. A site can be accessible under a domain operated by FORKAST or at data transfer sites indicated to customers by FORKAST, or accessible through CUSTOMER networks, through which FORKAST DATA is displayed.
2.13. USE is defined as USER accessing a website, data feed or any other information source produced by directly or indirectly using a FORKAST SERVICE.
2.14. UTILISATION is the USE of a FORKAST SERVICE for a particular purpose (see Section 6.)
2.15. SUBSCRIPTION PERIOD is the time during which a CUSTOMER has agreed to USE of a FORKAST SERVICE and ends with any CHANGES made by FORKAST unless otherwise agreed.
2.16. ACCESS LEVELS defines the type of qualification required for a USER to access a FORKAST SERVICE.
2.20. POINT OF RETRIEVAL is the point of transfer of DATA, PRODUCT and SERVICE where responsibility shifts from FORKAST to CUSTOMER. It is usually the SERVICE SITE unless otherwise agreed.
2.21. ACCEPTANCE is the individual confirmation by CUSTOMER of a proposed SERVICE TERMS.
2.22. DELIVERY is the provision of the SERVICE as per AGREEMENT.
2.23. POINT OF CONTACT is an address or equivalent specified by FORKAST where information is deemed to be received.
2.24. PARTY is one of the participants to the AGREEMENT, either FORKAST or the CUSTOMER.
2.25. DOWNLOAD is the transfer of DATA from a SERVICE SITE, and can be counted. Each transfer of DATA performed from a SERVICE SITE is counted as 1 (one) DOWNLOAD.
3.01. SPECIFICATION: is the set of definitions which describe the PRODUCTS, DATA and Trademarks provided within a SERVICE, and laid out on a FORKAST SERVICE SITE, in a specification document, or another appropriate type of record.
3.02. CATEGORY: a SERVICE is provided in different forms, with defined SERVICE TERMS for each category, with defined specifications, licences and deliverables.
3.03. SUBSCRIPTION is the agreement of the CUSTOMER to use the SERVICE under the SERVICE TERMS.
3.04. SPECIFIC SERVICE TERMS will be stated on the specific SERVICE SITE.
3.05. SUPPORT: each SERVICE has a defined level of assistance provided, according to the SERVICE TERMS, unless unspecified.
3.06. COMPENSATION: a COMMERCIAL SERVICE provided on behalf of specific CUSTOMER is subject to compensation agreed in the SERVICE TERMS as specified under PAYMENT.
3.07. SERVICE USE requires prior AGREEMENT to the SERVICE TERMS by the CUSTOMER.
3.08. CHANGES: FORKAST has the right to amend, change or revoke the SERVICE TERMS at any time, unless otherwise agreed with CUSTOMER.
4.01. OPEN ACCESS is granted for FORKAST SERVICE SITE publicly available to CUSTOMERS without any prior qualification and payment.
4.02. REGISTRATION ACCESS defines FORKAST SERVICE SITE publicly available to CUSTOMERS after registering for the use by providing required information, such asPERSONAL DATA, without being subject to payment. Information provided is handled according to our Privacy statement.
4.03. SELECTION ACCESS implies that USERS have to pass through a selection process to gain access to FORKAST SERVICE SITE.
4.04. TARIFF ACCESSis granted for FORKAST SERVICE SITE available to CUSTOMERS with prior qualification and for a defined COMPENSATION.
4.05. Other ACCESS conditions may be agreed between FORKAST and CUSTOMER.
5.01. LICENSE: All SERVICES, PRODUCTS, DATA and Trademarks provided by FORKAST and accessed by CUSTOMERS & USERS under a LICENSE.
5.02. LICENSE TERMS are provided on the SERVICE SITE or in a SERVICE TERMS document.
5.03. PROPERTY: all SERVICES, PRODUCTS, DATA and Trademarks provided remain the PROPERTYof FORKAST, unless otherwise agreed in written.
5.04. GENERAL LICENSE: FORKAST grants a personal, non-transferrable LICENSE to all OPEN and REGISTRATION ACCESS SERVICES for NON-COMMERCIAL UTILISATION and PRIVATE UTILISATION.
5.05. COMMERCIAL LICENSE is a specific set of SERVICE TERMS agreed between CUSTOMER and FORKAST. FORKAST offers specific contractual terms for business based on their needs. Terms differing from the general terms must be agreed in written.
5.06. VALIDITY: In the absence of specifc LICENSE TERMS, the GENERAL LICENSE TERMS of FORKAST in the actualized version contained on this TERMS page apply.
6.01. PUBLIC UTILISATION: Any use of FORKAST SERVICES with no access control by FORKAST. These include all FORKAST SERVICES with OPEN and REGISTRATION ACCESS.
6.02. NON-COMMERCIAL UTILISATION is any USE of FORKAST SERVICES for personal, research, disaster relief or welfare purposes, and without any purpose to generate a direct or indirect income.
6.03. PRIVATE UTILISATION is the USE of FORKAST SERVICES for the personal purpose only, without any commercial purpose.
6.04. COMMERCIAL UTILISATION is the USE of FORKAST SERVICES for the purpose of generating direct or indirect revenues from the services displayed.
6.05. ASSIGNMENT: For FORKAST OPEN ACCESS SERVICES provided to the public, USERS automatically become CUSTOMERS of FORKAST.
6.06. EVIDENCE: CUSTOMERS of FORKAST SERVICES are expected to provide suitable evidence of their qualification for such UTILISATION upon request of FORKAST, unless otherwise specified.
7.0. SUBSCRIPTION PERIOD.
7.01. DURATION is the time from SUBSCRIPTION START to END DATE.
7.02. SUBSCRIPTION START DATE is the date for which SUBSCRIPTION START has been agreed. For PUBLIC, NON-COMMERCIAL or PRIVATE UTILISATION, this starts with first date of USE.
7.03. SUBSCRIPTION END DATE is the date on which the right for USE of SERVICES ends.
7.04. STANDARD DURATION: A SUBSCRIPTION PERIOD starts with first USE and ends withCHANGES made to SERVICE TERMS. A new SUBSCRIPTION PERIOD starts with next USE, unless otherwise agreed.
7.05. TERMINATION: Termination notice can be provided by either PARTY under the specific TERMS of the AGREEMENT.
7.06. EARLY TERMINATION is possible with immediate effect if a NON-PERFORMING PARTY has failed to perform SERVICE RESTORATION within more than 30 days, unless otherwise agreed in written.
7.07. PERENNIAL CLAUSE: all FORKAST RESPONSIBILITIES regarding PRIVACY STATEMENT & CONFIDENTIALITY survive the TERMINATION of this AGREEMENT by at least 5 years.
7.08. COMMERCIAL SUBSCRIPTION PERIOD: Standard period for COMMERCIAL SUBSCRIPTIONis 1 (one) year from SUBSCRIPTION START DATE.
8.01. LEVEL: FORKAST provides standard SUPPORT LEVEL to all FORKAST SERVICES. SUPPORT LEVELS are defined under each SERVICE or in separate SERVICE TERMS.
8.02. RESPONSE is the reply to an inquiry received through a POINT OF CONTACT.
8.03. RESPONSE TIME is the time between reception of the inquiry at the POINT OF CONTACT and the RESPONSE.
8.04. COMPLAINT is the notification of one PARTY to the other that the RESPONSIBILITIES of the other PARTY are not being met.
8.05. RESTORATION occurs in response to a COMPLAINT and means putting the RESPONSIBILITIES back according to the SERVICE TERMS.
8.06. RESTORATION PERIOD is the time between COMPLAINT reception and RESTORATION. It is 5 business days for COMMERCIAL SERVICES, unless otherwise agreed agreed under SPECIFIC SERVICE TERMS.
9.0. REFERRALS & LINKS
9.01. REFERRALS means the display of FORKAST SERVICES on a CUSTOMER WEBSITE.
9.02. NON-COMMERCIAL REFERRALS: CUSTOMERS can reference any FORKAST OPEN & REGISTRATION ACCESS WEBSITE on their own NON-COMMERCIAL WEBSITE, provided that the CUSTOMER (1) displays the FORKAST logo on their WEBSITE, (2) set a direct, functioning link to the FORKAST WEBSITE (www.FORKAST.com or a suitable subdomain) on their WEBSITE, (3) inform FORKAST about the link (see section 9.06.), and (4) thereby accept these terms and conditions.
9.03. COMMERCIAL REFERRALS: FORKAST SERVICES can be referenced by a COMMERCIAL WEBSITE only with prior permission from FORKAST. Specific TERMS are provided on request.
9.04. CREDENTIALS: If FORKAST SERVICES are referenced on any WEBSITE a clearly visible reference to FORKAST has to be displayed close to the FORKAST DATA.
9.05. PERMISSION FOR REFERRALS: If FORKAST SERVICES are downloaded from a FORKAST SERVICE SITE, the CUSTOMER must inform FORKAST by message sent to a POINT OF CONTACT, containing information about the SERVICES, frequency of DOWNLOAD, the WEBSITE on which FORKAST DATA will be displayed and the type of UTILISATION. FORKAST will confirm reception of the message, if the information is sufficient for PERMISSION. The responsibility of confirming message reception lays with the CUSTOMER.
9.06. PROPER USE FOR REFERRALS: FORKAST SERVICES may only be displayed on websites with no illegal, rassist, discriminating or X-rated content (offensive to youths).
10.0. CUSTOMER RESPONSIBILITIES.
10.01. GRANT OF RIGHTS: CUSTOMERS of FORKAST SERVICES receive rights to use a high quality service, according to the LICENSE TERMS.
10.02. EVIDENCE: CUSTOMERS are expected to provide suitable evidence of their qualification for such UTILISATION upon request of FORKAST, unless otherwise specified.
10.03. REPRODUCTION: FORKAST DATA, PRODUCTS or SERVICES may be stored, reproduced, printed or sent without prior consent of FORKAST, for COMMERCIAL UTILISATION.
10.04. RE-ENGINEERING: it is expressly not permitted to use FORKAST DATA, PRODUCTS or SERVICES to re-engineer, copy or derive service components.
10.05. CUSTOMER RIGHTS: CUSTOMERS acquires no rights to any part of the FORKAST SERVICES whatsoever, unless expressly granted.
10.06. REPRESENTATION: FORKAST CUSTOMERS are responsible for the adherence of their USERS to the LICENSE TERMS, and for the execution of their duties according to SERVICE TERMS.
11.0. FORKAST RESPONSIBILITIES.
11.01. FORKAST RESPONSIBILITIES: FORKAST is responsible for SERVICE DELIVERY according to SERVICE TERMS until the POINT OF RETRIEVAL as well as the adherence to the PRIVACY STATEMENT and all legal requirements.
11.02. PRIVACY STATEMENT : FORKAST treats PERSONAL DATA according to the PRIVACY STATEMENT in the current version on www.FORKAST.com, unless otherwise agreed in written.
11.03. CONFIDENTIALITY: FORKAST& CUSTOMERS agree to maintain confidential mutually exchange business data, which is not expressly foreseen for publication.
11.04. FORKAST LIMTATION OF RIGHTS: FORKAST acquires no rights to any part of the CUSTOMER & USER information whatsoever, unless expressly granted to FORKAST by CUSTOMER.
11.05. WARRANTIES: FORKAST provides the FORKAST DATA, PRODUCTS or SERVICES "as-is", with no warranties, express or implied. Specific arrangements require separate SERVICE TERMS and AGREEMENT.
11.06. DELAY: if PAYMENT is delayed beyondINVOICE DUE DATE, FORKAST has the right to stop SERVICE DELIVERY.
12.01. FORKAST utilises scientific and legal best practice to generate information and services. However, FORKAST assumes no liability for the accuracy and completeness of the information provided.
12.02. CLAIMS to FORKAST are limited to those expressly granted in the Service Term Sheet. FORKAST takes no responsibility whatsoever for any other claims resulting from the provision of the services, other than for acts of gross negligence.
12.03. NOTICE: To make a warranty claim, you must make written notice to FORKAST within less than 30 days of occurrence and prove the substantially defect in detail.
12.04. COMPLIANCE: To keep our services at high standard, we ask our customers and users to inform us of any case of non-compliance with local legal, scientific, ethical or technical standards. We appreciate your support!
13.01. PAYMENT: Payment will be required to access a FORKAST SERVICE provided to CUSTOMER as COMMERCIAL SERVICE.
13.02. QUOTE: is proposed to CUSTOMER prior to SERVICE AGREEMENT and contains PRICE, AMOUNT, CURRENCY, time of validity, TAX RATESand other relevant information for the respective FORKAST SERVICE.
13.03. ORDER: is the confirmation sent to FORKAST in written by CUSTOMER in response to the SERVICE TERMS and QUOTE, within time of validity stated in QUOTE.
13.04. INVOICE: is sent to CUSTOMER according to QUOTE ORDER and contains PRICE, AMOUNT, CURRENCY, DUE DATE, TAX RATES and payment deposit details FORKAST SERVICE.
13.05. INVOICE ACCEPTANCE: is reached when CUSTOMER does not raise objections in written within INVOICE DUE DATE based on non- DELIVERY of SERVICES.
13.06. PRICE: Payment amount due for a FORKAST SERVICE for the SUBSCRIPTION PERIOD and agreed through ORDER.
13.07. AMOUNT: amount of PAYMENT due for FORKAST SERVICE.
13.08. CURRENCY: currency in which the QUOTE is valid and PAYMENT is to be made.
13.09. DUE DATE: date on which PAYMENT is to be received on bank account specified by FORKAST. Standard DUE DATE is 30 days.
13.10. TAX RATES: are applicable rates for the specific FORKAST SERVICE in the respective country.
13.11. DELAY: if PAYMENT is delayed beyond INVOICE DUE DATE.
13.12. REMINDER: in case of PAYMENT DELAY, FORKAST will send 2 REMINDERS to CUSTOMER within 60 days. Extra charge is 1% and minimum 50 EUR per REMINDER.
13.13. CLAIMS: if PAYMENT is delayed after 2 REMINDERS to CUSTOMER, FORKAST has the right to initiate legal steps for PAYMENT recovery and charge for the costs.
13.14. RECEIPT is issued on demand for specific services.
14.0. INFORMATION EXCHANGE.
14.01. BASE CONTACT: First point of contact for any electronic information is a SERVICE mail box on the SERVICE Site unless otherwise specified.
14.02. OFFICE ADDRESS: First point of contact for posted information is the address displayed on FORKAST SERVICE Site in the section CONTACT.
14.03. INFORMATION EXCHANGE: for inquiries relating to a specific FORKAST SERVICE, information must be sent to the specified INFORMATION EXCHANGE.
14.04. INFORMATION RECEIPT: information will be deemed received when it reaches the agreed INFORMATION EXCHANGE.
14.05. RESPONSE : FORKAST will answer to the inquiry according to SERVICE TERMS agreed with CUSTOMER.
14.06. CUSTOMER CONTACT: For special support levels FORKAST will provide CUSTOMER with a special personal contact for INFORMATION EXCHANGE.
14.07. WRITTEN INFORMATION:Any paper, email, SMS or equivalent is deemed as written confirmation if received at POINT OF CONTACT and properly acknowledged by recipient PARTY.
15.01. NON-PERFORMANCE: If either PARTY does not fulfil their RESPONSIBILITIES under the SERVICE TERMS AGREEMENT.
15.02. NON-PERFORMING PARTY: the PARTY which does not fulfil their RESPONSIBILITIES under the SERVICE TERMS AGREEMENT.
15.03. AFFECTED PARTY: The PARTY that did not receive the SERVICES of the NON-PERFORMING in agreement with the TERMS and CONDITIONS OF SERVICE.
15.04. CLAIM: in case of NON-PERFORMANCE by a PARTY, the AFFECTED PARTY will inform the NON-PERFORMING PARTY with a description of the NON-PERFORMANCE, and the NON-PERFORMING PARTY will respond in agreement with the TERMS and CONDITIONS OF SERVICE to guarantee RESTORATION.
15.05. CESSATION. If the NON-PERFORMING PARTY does not achieve RESTORATION in agreement with the TERMS and CONDITIONS, the AFFECTED PARTY has the right to terminate the subscription.
15.06. PAYMENT WITH CESSATION. in case of CESSATION, the payment will be made until the last date in which the SERVICE DELIVERY was in agreement with the TERMS and CONDITIONS OF SERVICE.
16.0. ENTIRE AGREEMENT.
16.01. If any part of these terms and conditions become invalid, be it by changes in legislation or other means, all other terms remains in force.
16.02. If any of these terms and conditions is in conflict with local legislation, the closest interpretation of the term in question is valid.
17.0. GOVERNING LAW.
17.01. These terms and conditions are governed by the laws of Switzerland.
17.02. COSTUMER SUBMITS TO THE JURISDICTION OF THE SWISS COURTS. BASEL SHALL BE THE EXLUSIVE FORUM FOR ANY DISPUTE ARISING OUT OR RELATING TO THIS AGREEMENT. HOWEVER, METEOBLUE SHALL ALSO BE ENTITLED TO BRING SUIT AGAINST COSTUMER AT CUSTOMERS DOMICILE.
17.03. If disagreement over agreement items cannot be solved by negotiation, conflict will in first instance be mediated by the mediation court of Basel. Language will be English.
17.04. This Terms and Conditions were last revised on 29.03.2018.