I. Scope

1.   These Terms of Use apply to the use of the customer portal and website operated by DELTA ELECTRONICS (NETHERLANDS) B.V.  ("DELTA ELECTRONICS (NETHERLANDS) B.V.") and the information, services and products available on this portal / website. 

2.   The products and services of DELTA ELECTRONICS (NETHERLANDS) B.V. are governed by the General Terms of Delivery of DELTA ELECTRONICS (NETHERLANDS) B.V. as well as other licensing conditions to which the customer agrees upon retrieval of a product. 

3.   The information, services and products in the customer portal / website are intended for businesses (pursuant to Paragraph 14 of the German Civil Code) as well as consumers (pursuant to Paragraph 13 of the German Civil Code) unless stipulated otherwise in these Terms of Use or upon provision of the information, services and products of DELTA ELECTRONICS (NETHERLANDS) B.V.. 

4.   Any other conditions of the customer are not valid unless explicitly approved by DELTA ELECTRONICS (NETHERLANDS) B.V. in writing. 

II. General rules of use

1.   DELTA ELECTRONICS (NETHERLANDS) B.V. explicitly reserves the right to close access to the customer portal / website on a temporary or permanent basis. 

2.   The customer must use the customer portal / website in the proper fashion. In particular, the customer must comply with the conditions stipulated here. 

3.   The customer must ensure that its use of the customer portal / website does not damage or disrupt the portal / website in any way. If DELTA ELECTRONICS (NETHERLANDS) B.V. incurs damages resulting from improper use of the customer portal / website, the customer must compensate DELTA ELECTRONICS (NETHERLANDS) B.V. for such damages. DELTA ELECTRONICS (NETHERLANDS) B.V. also reserves the right to block access to the customer portal / website if misuse of the customer portal / website is suspected. 

III. Services requiring prior registration

1.   Customers must register before utilizing the products and services of DELTA ELECTRONICS (NETHERLANDS) B.V.. The information, products and services of DELTA ELECTRONICS (NETHERLANDS) B.V. that require prior registration to access are specified in these Terms of Use or indicated on the websites of DELTA ELECTRONICS (NETHERLANDS) B.V.. 

2.   During the registration process, the DELTA ELECTRONICS (NETHERLANDS) B.V. portal displays a registration form. By submitting the completed electronic form, the customer reconfirms their acceptance of these Terms of Use and those of DELTA ELECTRONICS (NETHERLANDS) B.V.. 

3.   After checking the registration form, DELTA ELECTRONICS (NETHERLANDS) B.V. provides the customer with personal log-in credentials consisting of a user name and password (log-in credentials). The customer must change the password immediately after receiving it. The password must be at least eight characters long and alphanumerical. Log-in credentials must be protected from access by third parties. 

4.   The customer is responsible for all activities of users logged on with its log-in credentials. If the customer's log-in credentials are misused or the customer suspects such misuse, the customer must change its log-in credentials immediately and notify DELTA ELECTRONICS (NETHERLANDS) B.V.. 

5.   DELTA ELECTRONICS (NETHERLANDS) B.V. reserves the right to block the customer's access or delete its log-in credentials at any time. In particular, this may be considered if there are reasons to suspect misuse of the customer portal. 

6.   The customer can request to have its log-in credentials deleted at any time without specifying a reason, as long as this does not conflict with any statutory provisions. 

IV. Software products and solutions

1.   General information

a.DELTA ELECTRONICS (NETHERLANDS) B.V. offers a full range of solar power inverters, software products and solutions as well as services. This includes the software products and solutions mentioned in this Section that can be downloaded free of charge following registration (in accordance with Section III of these Terms of Use) and used within the scope and intent of these Terms of Use. 

b.The software products and solutions that are available as free downloads and specified below in this Section (IV) are the copyrighted creations of DELTA ELECTRONICS (NETHERLANDS) B.V.. Following registration in accordance with Section 3 of these Terms of Use, the customer will be granted non-exclusive, non-transferrable and non-sub licensable rights to the downloaded software. Any other use of the software, especially copies beside of the download process, distribution, publication or modification or editing (beyond the specified scope of configuration) is prohibited without the explicit written consent of DELTA ELECTRONICS (NETHERLANDS) B.V.. 

2.   Product Details

a.SOLIVA Monitor: DELTA ELECTRONICS (NETHERLANDS) B.V. provides its customers with the SOLIVA Monitor, a free-of-charge, turn-key monitoring system for photovoltaic systems. Customers can use SOLIVIA Monitoring 2.0 following registration and acceptance of the license agreement for the product. For more information about the SOLIVIA Monitor and the SOLIVIA GW Gateway, visit SOLIVIA Monitoring 2.0. 

b.Solar Inverter Service Software: DELTA ELECTRONICS (NETHERLANDS) B.V. also offers the Solar Inverter Service Software, which allows installers of solar power systems to monitor photovoltaic systems and configure power inverter parameters. The r Solar Inverter Service Software is a tool for professional installation of the SOLIVIA Solar Inverter from DELTA ELECTRONICS (NETHERLANDS) B.V.. The Solar Inverter Service Software is offered as part of a kit consisting of a custom Delta RS485 cable and a USB/RS485 adapter. This kit can be purchased from DELTA ELECTRONICS (NETHERLANDS) B.V. or its subsidiaries or partners. The accompanying software can be downloaded for free at SOLIVIA Service Software following registration. For more information about the Service Software, visit SOLIVIA Service Software.

c.  SOLIVIA PV Planner: DELTA ELECTRONICS (NETHERLANDS) B.V. also offers the SOLIVIA PV Planner as a free download on the customer portal. The SOLIVIA PV Planner is a program for technical planning of solar power systems and can be downloaded at SOLIVIA PV Planner or used online following acceptance of additional terms of use (liability disclaimer). For more information about the SOLIVIA PV Planner click here.

d.SOLIVIA Live: DELTA ELECTRONICS (NETHERLANDS) B.V. also offers the SOLIVIA Live Smartphone and Tablet Application for iOS, Android and Windows Phone devices free of charge at the different application stores. Customers can use the SOLIVIA Live Smartphone and Tablet Application after acceptance of the license agreement for the product. For more information about the SOLIVIA Live Monitoring Smartphone and Tablet Application, visit the product page!

V. Other Services

1.   Newsletter

a.DELTA ELECTRONICS (NETHERLANDS) B.V. also offers a free e-mail newsletter. By subscribing to the newsletter, customers can stay abreast of DELTA ELECTRONICS (NETHERLANDS) B.V.' latest products, latest research on power supply solutions as well as events and seminars. 

b.The customer will only receive the DELTA ELECTRONICS (NETHERLANDS) B.V. newsletter if the customer has granted DELTA ELECTRONICS (NETHERLANDS) B.V. its express consent to send the newsletter. To receive the consent of the customer, DELTA ELECTRONICS (NETHERLANDS) B.V. uses a "double opt-in procedure," meaning DELTA ELECTRONICS (NETHERLANDS) B.V. will not send the customer a newsletter unless the customer requests one by clicking a confirmation link in an e-mail notification sent separately by DELTA ELECTRONICS (NETHERLANDS) B.V.. The customer may revoke its consent to receive the newsletter at any time and unsubscribe from the newsletter. To do this, the customer can use the contact information supplied on the website or cancel the subscription using the link at the end of the newsletter. 

VI. Intellectual property rights

1.   The text, images and graphics as well as the software downloads and other content available on the customer portal ("portal content") are protected by copyright and other intellectual property rights. 

2.   DELTA ELECTRONICS (NETHERLANDS) B.V. will grant the customer only those rights to the portal content that are necessary for proper use of the customer portal. 

3.   Unless explicitly permitted by these Terms of Use or explicitly approved in writing by DELTA ELECTRONICS (NETHERLANDS) B.V., portal content may not be duplicated, distributed, made public, modified or edited. 

VII. Liability for external content

1.   The links on this website will let you leave DELTA ELECTRONICS (NETHERLANDS) B.V. site. The linked sites are not under the control of DELTA ELECTRONICS (NETHERLANDS) B.V. and DELTA ELECTRONICS (NETHERLANDS) B.V. is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. 

VIII. Data privacy

1.   The data privacy statement on the DELTA ELECTRONICS (NETHERLANDS) B.V. website is part of these Terms of Use. 

IX. Final provisions

1.   DELTA ELECTRONICS (NETHERLANDS) B.V. reserves the right to change these Terms of Use at any time. 

2.   If the customer is a merchant, legal entity or corporate body under public law, any disputes arising hereunder will be settled before a competent court of law in Soest, Germany, the headquarters of DELTA ELECTRONICS (NETHERLANDS) B.V.. However, DELTA ELECTRONICS (NETHERLANDS) B.V. reserves the right to settle disputes in a different court of law. 

3.   Unless otherwise agreed in writing, the place of performance for all contractual obligations in these Terms of Use will be Soest. 

4.   These Terms of Use are governed by the laws of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods (CISG), enacted on April 11, 1980, does not apply to these Terms of Use. 

5.   Should a provision of these Terms of Use be or become invalid, the validity of the other provisions will not be affected. The contracting parties must replace the invalid term by a mutually agreed term that comes as close as possible to the business intent of the invalid provision. This stipulation also applies to any loopholes in the provisions of these Terms of Use.