Terms of service
- First preliminary remark: The following General Terms and Conditions (hereinafter referred to as GTC) apply to contracts for placement of advertising media and entries in electronic information and communication services, in particular the internet (hereinafter referred to as “online media”), with the company B&L MedienGesellschaft mbH & Co. KG and B&L NewMedia GmbH (in the following called “Publisher”).
Other contractual agreements shall not apply, even if individual provisions in these General Terms and Conditions of terms and conditions are not included.
For advertising and registration orders, which are based on online media as well as on magazines the general terms and conditions of the medium in which the respective advertising and registration order is placed shall apply.
- Advertising/registration order: “Advertising order” within the meaning of the following GTC is the contract for the placement of one or more advertising media (e.g. internet banners) in online media for the purpose of dissemination.
“Entry order” in the sense of the following AGB is the contract for the placement of an entry or several entries (e.g. company link or advertorial) in online media for the purpose of dissemination.
- Advertising media: An advertising medium within the meaning of these GTCs may, for example, consist of one or more of the elements exist:
– an image and/or text, sound sequences and/or moving images (e.g. banners),
– from a sensitive surface, which, when clicked on, establishes the connection by means of an online address to other data that are within the client’s area (e.g. link).
Advertising media that are not recognisable as such due to their design are classified as advertising clearly marked.
- Entries: A registration within the meaning of these terms and conditions may, for example, consist of one or more elements exist:
– consist of an entry in a directory in the form of a data record,
– from a detailed information of the client as an attachment to the respective data set,
– from a link to an electronic information and communication service of the contracting authority,
– from the activation of an e-mail connection to the client.
- Conclusion of contract: The contract is, subject to conflicting individual agreements, in principle by confirmation of the order in writing or by e-mail. Also in the case of verbal or confirmations by telephone are always based on the publisher’s general terms and conditions. Insofar as advertising orders are placed by advertising agencies, the contract is in case of doubt established with the advertising agency. The publishing house is basically entitled to request the advertising agencies to demand proof of mandate.
- Settlement deadline: In case of doubt, advertising and registration orders are to be processed within one year after conclusion of the contract.
In the absence of other agreements, the new terms and conditions will also come into force immediately for current orders.
- Discount refund: If an order is not fulfilled due to circumstances beyond the control of the publisher, the client, without prejudice to any other legal obligations, to pay the difference between the amount granted and to reimburse the publisher for the discount corresponding to the actual purchase. The refund shall not apply if the non-fulfilment is due to force majeure within the publisher’s sphere of risk.
- Power of refusal: The publisher reserves the right to refuse advertising orders – including individual requests within the framework of a contract – to reject or block if their contents are in violation of legal or official regulations or was objected to by the German Advertising Council in a complaint procedure or whose publication because of the content, the origin or the technical form according to uniform, justified principles of the publisher is unreasonable.
The Publisher is also entitled to withdraw an advertising medium or entry that has already been published, if the client subsequently makes changes to the content of the advertising material or the data, to which by a link is referred, subsequently changed and thereby the in paragraph 1 shall be fulfilled. This shall also apply to orders placed at the counters of the branch offices, at receiving offices or with representatives be abandoned. The rejection of an order shall be communicated to the client without delay.
- Data delivery: The client is obligated to deliver data in the proper format and technical specifications of the publisher and to deliver the corresponding advertising material/entries in good time before the start of placement. The publisher is not obliged, as a matter of principle, to publish advertising material or entries, about the time of the last distribution. Costs of the publisher for changes requested by the client of the advertising medium/entry shall be borne by the client.
- Guarantee of rights: The client assures that he holds all rights necessary for the placement of the advertising medium/entry owns and indemnifies the publisher within the scope of the order from all claims of third parties, which are violation of legal provisions may arise. The publisher shall be relieved of the costs of the necessary.
Legal defence is optional. The client is obliged to inform the publisher in good faith and to support the legal defence against third parties with information and documents.
The Publisher shall be granted all copyrights required for the use of advertising in online media, including all rights of use, ancillary copyright and other rights are transferred by the client, in particular the right to reproduce, distribute, transmit, broadcast, extract from a database and retrieval, in the time and content necessary for the execution of the order scope. All these rights are transferred without any local restrictions and entitle the user to place an advertisement by all known technical procedures as well as all known forms of online media.
- The publisher’s warranty: The publisher guarantees the best possible technical standard in accordance with the reproduction of the advertising medium/entry. However, the client is aware that according to the status it is not possible for technology to create a program that is completely free of errors. The warranty does not apply to immaterial errors. An immaterial error in the presentation of the advertising media/ entries are present when it is caused
– computer failure due to system failure
– through the use of unsuitable display software (e.g. browser)
– by the use of unsuitable hardware
– by disturbing the communications networks of other operators
– through incomplete and/or not updated offers on so-called proxies (caching)
– by failure of the ad server, which is not longer than 24 hours (continuous or added) within of 30 days after the start of the contractually agreed placement. In case of a failure of the ad servers over a significant period of time (more than 10 percent of the contractually agreed switching period) within the framework of a time-bound fixed booking, the payment obligation of the client for the period of the outage. Further claims are excluded.
In the event of insufficient reproduction quality of the advertising medium/entry, the client shall be entitled to reduction in payment or a flawless replacement advertisement, but only to the extent that the purpose of the advertising medium has been impaired. If the replacement advertising fails or is unreasonable, there is a right to reduction of payment or cancellation of the order. Are possible deficiencies in the advertising/registration documents are not obvious, the client must in case of insufficient publication no claims. This also applies to errors in repeated advertising, if not before the publication of the next advertisement on the error was pointed out.
- Failure to perform: If the execution of the order cannot be completed for reasons for which the publisher is not responsible (e.g. software-related or for other technical reasons), fails, e.g. due to computer failure, force majeure, strike, due to legal regulations, disturbances from the area of responsibility of third parties (e.g. other providers), network operators or service providers or for comparable reasons, so the execution of the order is made up for.
The Publisher’s claim to remuneration shall remain valid, provided that the subsequent performance is carried out in a reasonable manner and for the client within a reasonable period of time after the fault has been remedied.
- Liability: Claims for damages from positive breach of contract, culpa in contrahendo and tort only exist in the case of intent and gross negligence on the part of the publisher, its representative or vicarious agents. This does not apply to the liability for warranted characteristics and for the violation of contractual obligations; in the latter case, liability shall be limited to the foreseeable loss or damage limited. Claims for damages from impossibility of performance and delay are limited in the case of slight negligence is limited to compensation for foreseeable damage.
In the event of gross negligence on the part of the simple vicarious agent, the liability towards entrepreneurs limited to the extent of the foreseeable damage. This does not apply to the infringement essential contractual obligations.
- Price list: The price list published on the Internet or other media at the time of placing the order shall apply. We reserve the right to make changes to the price list for companies. Discounts are determined according to the price list valid at the time. Advertising agencies/intermediaries are obliged in their offers, to adhere to the contracts and invoices to the publisher’s price lists.
- Late payment: In the event of default in payment, interest on arrears shall be charged in accordance with the statutory provisions and, if applicable further damage caused by default. Promised discounts are not applicable if the client does not pay the invoice paid on time. In the event of late payment, the publisher may suspend further execution of the current order until payment is made and demand advance payment for the remaining placements. In case of insolvency or settlement/moratorium shall be cancelled retroactively for the calendar year.
- Termination: Cancellations of advertising/registration orders must be made in writing or by e-mail.
- Data protection: The advertising/registration order will be processed under consideration of the applicable data protection laws.
- Place of performance/place of jurisdiction: The place of performance and exclusive place of jurisdiction for both parties is the publisher’s registered office. The contractual relations are subject to German law.