General Terms and Conditions

I.  Print Advertising

1.  Advertisement Order
An advertising order within the meaning of the following General Terms and Conditions of Business is a contract related to the publication of one or more advertisements or other means of advertising (hereinafter referred to together as the “Advertisement”) of an advertiser in a publication of the publisher. 

2. Contract Conclusions
A contract conclusion is a contract related to the publication of several advertisements taking into account discounts to be granted to the advertisers according to price lists, whereby the respective publications shall be on call of the customer.

3. Short Rate
If an order cannot be fulfilled due to reasons for which the publisher is not responsible, the customer must pay the publisher the difference between the discount granted and that due on the actual volume taken, irrespective of possible additional legal obligations.

4. Guarantee of Rights
 The customer guarantees that he possesses all rights necessary for the placement of the means of advertising. Within the framework of the advertising order, the customer shall indemnify the publisher against all claims of third parties which could arise due to the breach of legal obligations. Furthermore, the publisher shall be released from the costs of any necessary legal defence. The customer is obligated to support the publisher with any legal defence vis-à-vis third parties with information and documents in good faith.

(2)  The customer confers to the publisher all rights of use of the advertising in the booked media of all kinds, in particular Internet, necessary copyright use, performance protection and other rights, including the right to reproduce, disseminate, make publicly accessible in terms of time and content in the scope necessary for the performance of the order and without regional restriction.

5. Invoicing and Payment
(1) The advertisement prices published in the advertising rates of the advertising media or on the Internet shall apply. Invoicing of the advertisements shall be made according to pages and page parts. Other regulations shall apply for small ads which can be found in the respective advertising rates or order confirmations.

(2) Should the commissioning party wish to receive the agency rebate included in the price lists, this must be expressly stated in the order. Furthermore, agency status must be verified at the time of commissioning in the form of an excerpt from the German Trade Register (Handelsregister).

(3) If no specifications as to size exist, the customary, actual copy size for the type of advertisement shall be used as the basis of the invoice.

(4) In the case that the customer does not pay by pre-payment, the invoice shall be transferred immediately after publication and due for payment insofar as, in the individual case, no other payment terms are agreed. The publisher shall be entitled, in spite of other terms being provided by the customer, to first set-off payments against older accounts receivables. If costs and interest have already accrued, the publisher shall be entitled to take into account the payment first on the costs, then the interest and then on the principal claim.

(5) Interest as well as collection costs shall be charged in cases of default or deferment of payment. In cases of default of payment, the publisher can refuse the further performance of the current contract. Should objectively justified doubts regarding the financial solvency of the customer exist, the publisher shall be entitled, also during the term of the contract, to make the publication of further advertising conditional upon the prepayment of the charges to be incurred and on the payment of outstanding invoice amounts due, regardless of any previously agreed terms.

(6) The customer shall exclusively be entitled to the right of set-off, right of reduction or right of retention in the case that counterclaims are expressly recognised by the publisher or established by a court with final, res judicata effect. This restriction shall only apply for the two last named rights if the contractor is a businessman, a legal person of public law or a public law special fund.

6. Performance of the Order
(1) No guarantee shall be given for the placement of the advertisements in a certain issue or placement in the publication. Should advertisements be published in certain numbers, certain issues or with certain placement in the publication, the advertisement must be received within the delivery term stipulated by the publisher. 

(2) The publisher reserves the right to refuse advertisement orders and inserts orders if their content violates the law or public authority provisions or if it would be unreasonable to expect the publication to be undertaken by the publisher. The rejection of an order shall be notified to the customer without undue delay.

(3) The customer is responsible for the timely delivery of the advertisement‘s text and perfect condition print materials or the inserts. In the case of recognisably unsuitable or damaged print materials, the publisher will demand replacements without undue delay. If no perfect condition printer’s copy is delivered by the customer, the publisher shall print the advertisement in the quality which the submitted print specifications permit.

(4) Proofs shall only be delivered on express request. The customer bears the responsibility for the correctness of proofs returned. The publisher shall take into account all error corrections which are notified to it within the deadline set for the return of the proof.

(5) Cancellation of the advertisement order up to the advertisement final deadline shall be free of cost for the customer. Should the customer cancel the advertisement order after the advertisement final deadline, the publisher will invoice the customer 50 % of the b/w advertising price. Cancellation after the print materials deadline is precluded. In the case of force majeure and other circumstances which are unforeseeable, extraordinary and which occur through no one’s fault, the contract partners agree to new delivery and performance dates reasonable in view of the circumstances.

(6) On request, the publisher will deliver a specimen copy of the publication together with the invoice. Depending upon the type and size of the advertisement order, excerpts, an advertisement page or complete issue shall be sent.

(7) The customer shall bear the costs for the preparation of customer-ordered print materials as well as for substantial changes to the originally agreed form which are desired by the customer or for which he is responsible.

(8) For advertisements using a box number reply service, the publisher shall apply the duty of care of an ordinary businessman for the safekeeping and the timely forwarding of the offers received. Replies by registered letters and express letters shall be retransferred by means of ordinary mail. The publisher reserves the right, in the interest of and for the protection of the customer, to open up and check the offers in order to eliminate abuses of the box number service. The publisher shall not be obligated to retransfer business promotions and offers of intermediaries.

(9) Print materials shall only be returned to the customer upon his specific request. The duty to store shall terminate three months after the end of the contract.

(10) In case of the advertisement being partly or completely unreadable, incorrect or incomplete, the customer shall have a claim for a reduction of charges for a flawlessly printed replacement advertisement but only to the extent to which the function of the advertisement has been impaired. In case of a defective publication of an advertisement in spite of timely delivery of flawless print materials and timely complaint, the customer can demand the publication of a flawless replacement advertisement (supplementary performance (Nacherfüllung)).

7. Liability
The publisher shall be liable for all damage, regardless of whether such is the result of a breach of contractual obligation or tort, according to the following provisions:

(1) in the case of gross negligence, the liability shall be limited in business transactions to the replacement of typically foreseeable damage; this limitation shall not apply insofar as the damage was caused by statutory representatives or management employees of the publisher.

(2) In case of ordinary negligence, the publisher shall only be liable if an essential contractual obligation is breached. In such cases, the liability shall be limited to typically foreseeable damage.

(3) With claims pursuant to the German Product Liability Act (Produkthaftungsgesetz) as well as damage or loss claims arising from death, and injury to body and health, the publisher shall be liable pursuant to the statutory provisions. Complaints must be made – with the exception of latent defects – within four weeks after publication.

8.  Other Provisions
(1) Place of performance and jurisdiction is Wiesbaden; German law governs.

(2) Should a clause of these General Terms and Conditions of Business be invalid, the validity of the remaining clauses and the contract as a whole shall remain in effect. The invalid clause shall be then replaced by a regulation which comes as close as possible to that which the contract parties originally intended.

II. Special Provisions for the Placement of Online Advertisements

The afore-mentioned General Terms and Conditions of Business apply respectively for advertisement contracts in the area of online advertisements according to the following regulations. 

1.  Advertising Means/Advertisement
Advertising means can be comprised of one or more of the following named elements:

  • an image and/or text, from sounds and/or moving images (e.g. banners),
  • from a sensitive surface that, when clicked on, connects the user to additional data by means of an online address named by the customer (e.g. link),
  • from an advertisement in a newsletter.

2. Insertion Time Period
The insertion time period of the online advertising shall be determined individually according to the booked contacts or according to the booked time period. Size, format, placement, frequency of the insertion shall be determined individually pursuant to the specifications chosen upon the booking pursuant to the offer and price list of the publisher in their respectively applicable version.

3.  Box Number Reply Advertising
Box number reply advertising is precluded.

4.  Termination/Cancellation of Orders
(1)  Contracts having a term of more than 12 months can be terminated with a notice of termination period of one month as of the end of the month; for the first time, however, after expiration of 12 months. Terminations of advertisement orders must be made in writing or per e-mail.

(2)  The publisher can terminate the contract at any time with immediate effect if it decides to discontinue or to substantially change the web offering. The contract partners derive no rights of any kind herefrom. Any compensation already paid shall be reimbursed.

(3)  Cancellations by the customer within 5 work days prior to commencement of the placement shall be invoiced at a flat rate processing fee of 25% of the gross booking volume of the respective order. A halt to the campaign with an already running banner or, respectively, advertisement placement is possible; in such a case, however, the customer shall pay the full amount of the gross booking volume. 

5.  Information Obligations of the Publisher
Insofar as not otherwise agreed, it shall be incumbent upon the publisher to hold the following information for retrieval by the customer for 10 work days after the performance of the order: 

  • the number of access hits to the advertising means,
  • the downtime of the ad server insofar as an uninterrupted hour is exceeded.