1. The advertising order is the contract between V.O.N. Media Verlag GmbH, hereinafter referred to as the “Supplier”, and an advertising client, concerning the publication of a single and/or multiple means of advertising in print and/or online for distribution purposes. The following GTCs and the Supplier's rates at the time of concluding the contract, the regulations of which form an integral part of the contract, apply to each advertising order and follow-up order. The validity of any of the client's GTCs that do not agree with these GTCs is excluded.
2. Orders for advertisements may be placed by telephone, letter, e-mail or fax. The publisher is not liable for transmission errors. The contract first comes into effect upon the Supplier's confirmation of the order, which is provided subject to a separate written or electronic agreement.
3. By placing an advertising order, the client agrees to the general notes and additional Terms and Conditions, as well as the publisher's rates.
4. The publisher's GTCs for advertising orders are subject to change. For this reason, the GTCs only ever apply at the time of concluding the relevant version of the respective advertising order.
5. The advertising agencies and advertising agents are required to adhere to the advertiser's tenders and contracts, as well as the invoices issued in accordance with the publisher's rates.
6. In the absence of other agreements, the new terms and conditions concerning changes in advertising rates will come into immediate effect for current projects.
II. Orders for Advertisements and Supplements
1.1. The publisher is not bound by the closing date and the date of publication as stated in the advertising rates. The publisher is at liberty to change these at short notice according to the production process.
1.2. Advertisements may be published in certain editions or in certain places in the publication if expressly agreed in writing or by e-mail. In the event that a specific placement is not agreed upon, the publisher may choose the placement.
2. Contract Conclusion
2.1. Advertisements are scheduled to be published on the agreed publication dates. In case of doubt, advertisements shall be published within one year of concluding the contract.
2.2. The discounts specified in the advertising rates can only be redeemed within one year of a client's advertisements appearing in print. This time period commences on the date that the first advertisement goes into print.
2.3. Upon the conclusion of the contract, the client is entitled to publish additional advertisements to the quantity stated in the advertising order within the agreed time period.
2.4. The regulations stated herein also apply to the conclusion of respective supplement contracts.
3. Responsibility for the Content of Advertisements and Supplements
3.1. The client is responsible for the content and the lawfulness of advertisements. The publisher is fully exempt from all third-party claims of infringement of copyright, personal rights, trademark rights or any other rights, as well as the incurred costs of legal action.
3.2. The publisher is not required to examine whether an advertising order affects third-party rights.
4. Right of Refusal
4.1. The publisher reserves the right to refuse advertisement orders and supplement orders on the grounds of content, source or technical form if their content violates laws or government regulations, or if their publication is unacceptable in accordance with the publisher's uniform and objectively justified principles. This also applies to orders which are waived by agencies, receiving offices or agents.
4.2. The publisher is first bound by brochure orders after the presentation of a brochure sample has been approved. Supplements that give the reader the impression of being an integral part of the magazine by their formatting or design, or that contain advertisements or supplements by third parties, shall not be accepted. The client will be informed of the refusal of an order in writing or by e-mail.
5. Documentation to be used in the advertisement / Proofs
5.1. The client shall ensure that the advertising material and additional required information is delivered on time, in full and free of errors, along with the respective contractual agreements. The documentation to be used in the advertisements must also be of an acceptable quality. Furthermore, the client is responsible for the suitability of this information for the agreed purposes, in particular, its representation in the respective field and in the chosen advertising format.
5.2. The publisher shall require immediate replacements for any unusable or damaged documentation that will be used in the advertisement. The publisher guarantees an acceptable printing quality of the chosen title within the bounds of possibility given the quality of the documentation.
5.3. Documentation to be used in the advertisements will only be returned to the client upon written request, otherwise it will become property of the Supplier. The obligation to retain documentation ends six weeks after the publication of the advertisements.
5.4. The client maintains a proof of the advertisements that are intended to be published. The client must reprimand any required amendments within one week or else they will be deemed as having been accepted. The period for reprimand may be shortened by up to 24 hours if the printing of the magazine is at risk of being delayed.
6. Cancellations and Changes to Advertisements Orders
Cancellations and changes to advertisement orders must be made in writing. The client must pay for advertisements that have already gone into print. If the client fails to do so, the Supplier may request reimbursement for the costs accrued from the cancellation in accordance with the law.
The publisher neither guarantees supplements in particular areas nor the prevention of loss along distribution channels. Preferences of placement will not be considered. Upon accepting the delivered brochure, no guarantee of quantity can be made in advance due to the impossibility of immediate enumeration. Delivery notes with reservations can be signed. Freight and postal charges, cost of carriage etc. for all orders are borne by the client.
8. Billing and Payment
8.1. If there are no specific regulations, the price of the advertisement will be calculated according to the type and actual printing size of the advertisement. The client must make any size requests immediately or before the transmission of the proof at the very latest.
8.2. If the client does not provide advance payment, the invoice will be sent after the publication of the advertisement. Advertisement invoices must be paid in full within 10 days of being received, unless an alternative period of payment or an advance payment has been agreed. Discounts for early payments will be given according to the tariff list.
8.3. A direct debit agreement is invalid if the first attempt to debit the account fails for reasons not attributable to the publisher. In this case, the publisher may demand an immediate alternative form of payment, as well as reimbursement of accrued charge-back fees and other applications.
8.4. Interest rates and collection costs are invoiced for the late payment or extension. Collection expenses amount to a flat rate of 5.00 €.
8.5. The publisher may postpone the execution of the ongoing order until the late payment has been made and demand advance payments for the remaining advertisements. Upon reasonable doubt of the client's willingness to pay, the publisher is authorised during the finalisation process to make the publication of further advertisements dependant on advance payment, irrespective of the originally agreed term of payment, and the balance of outstanding invoiced amounts.
8.6. Late payment does not release the client of the acceptance of commissioned, but not yet accepted advertisements. If the contract is cancelled by the client, the Supplier is entitled to pursue the statutory rights concerning loss of profit as given in Section 639 of the BGB.
9. Specimen Copy
Upon request the publisher shall provide a specimen copy of the advertisement with the invoice. The type and size of the advertisement order will determine whether specimens are supplied as cut-outs, tear sheets or complete copies. In the event that a specimen can no longer be provided, a legally binding certification of the publication and distribution of the advertisement will be sent in its place.
10. Warranty Rights and Liability
10.1. The client must report any advertisement or supplement defects immediately, or within 8 days at the very latest, in writing.
10.2. Colour deviations do not qualify for compensation claims or discounts in price.
10.3. If and to the extent of which the edition does not come out at the time for which the advertisement(s) were agreed, or at the usual time of publication, the client and the publisher are free of their obligation, unless the advertiser wishes to publish the advertisement at a later date. The same applies to the absence of parts of the newspaper that have been designated for the publication of the advertisement. The publisher shall substitute the absence or an incorrect or delayed publication of the advertisement if the publisher or its vicarious agents are liable for premeditation or gross negligence. Compensation for damages owing to loss of profit will not be granted. Potential claims to a replacement are limited to the net cost of the advertisement. Claims to a payment reduction or replacement will not be honoured if the same errors occur upon repetition, unless immediate correction is made on the part of the client. There is no liability for errors during telephone or any type of electronic transmission.
10.4. In the event of illegible, incorrect or incomplete printing of the advertisement, the client is eligible for the publication of a replacement advertisement to the extent that the purpose of the advertisement was compromised. In the event that the publisher does not comply with the reasonable deadline period or provide a faultless replacement advertisement, the client is authorised to a reduction in payment or the cancellation of the order.
10.5. The client is not entitled to any claims regarding defects that are not immediately found in the documentation, but rather discovered during the printing process. In the event of incorrect repeat advertisements, no discount or replacement will be offered in the client has not provided a written indication of the error prior to the second printing. Any deviation of agreed format, font style or size shall not entitle the client to a discount or replacement unless the proof had been queried. The same applies to invoicing errors, in which case, the client is obligated to produce an immediate written objection, within 8 days at the very latest.
10.6. Claims for damages for breach of obligations, errors in during the contract conclusion and unlawful acts will be denied. Claims for damages arising from the impossibility or delay of performance are limited to the cost of the respective advertisement or supplement to be paid. This does not apply to premeditation and gross negligence of the part of the publish, its legal representatives and its vicarious agents. The liability of the publisher for damages due to errors of guaranteed qualities shall remain unaffected. The publisher is not liable for gross negligence concerning vicarious agents in commercial business transactions. Liability of sales people for gross negligence is limited to the cost of the respective advertisements to be paid.
10.7. In the event of force majeure or the breakdown of industrial relations, any obligation to fulfil contracts and pay damages is waived. In particular, no compensation for the non-publication of untimely publication of advertisements and unfulfilled supplement orders will be provided.
11. Rejection of Orders
11.1 The Supplier is authorised to reject an advertisement order, as well as individual requests in conjunction with a contract, if it is deemed as inappropriate. This particularly applies if its content violates laws or government regulations or its publication is considered unacceptable to the publisher on account of its content, source or technical format, or if supplements give the reader the impression of being an integral part of the magazine, newspaper or publisher's online offers, by their formatting or design, or contain advertisements or supplements by third parties.
11.2 The client will be informed of the rejection before the magazine is printed on account of the content of the order.
12. Contract Withdrawal/Cancellation of Orders
12.1. Advertisements orders from short-term contracts may be cancelled with good reason in writing. In the event of a client cancelling an order, the Supplier is entitled to pursue the statutory rights concerning loss of profit as stated in Section 639 of the BGB.
12.2. Insofar as the Supplier works within the framework of a purchaser for third parties, the Supplier reserves the right to withdraw from the contract if the third party vetoes the issued advertisement order on reasonable grounds. All prepaid fees will be refunded.
13. Typesetting Costs
All costs for the production of the ordered printing data and designs, as well as for the considerable changes to the originally agreed versions, are borne by the client.
III. Data Protection
In accordance with our obligation to Section 33 of the BDSG, the advertiser must agree to comply with the issue of an advertisement or booking of a prospective distribution. The required data for the publication, distribution and invoicing of the advertisement/supplement shall be saved in an EDP system due to legal retention periods and beyond the point of the fulfilment of the contract.
IV. Other Provisions
The publisher's headquarters are located at the place of performance. The publisher's headquarters shall be deemed as the agreed legal venue.
Additional Terms and Conditions for Online Media:
1. The client agrees to the publication of the advertisements in Internet services.
2. The publishers guarantees within the scope of foreseeable requirements the best possible production of the advertising material in line with generally accepted technical standards. The client is aware that, even with state-of-the-art technology, it is not possible to provide an error-free programme The guarantee does not apply to insignificant errors. An insignificant error in the presentation of advertising material may be caused by:
- the use of unsuitable graphics software and/or hardware (e.g. browser)
- the disruption of the communication networks of other operators
- the failure of a computer caused by system failure
- the failure of ad servers that do not last longer than 24 hrs (continuously or added) within 30 days of the start of the contractually agreed advertising campaign.
3. In the event that the execution of an order fails for reasons that are not attributable to the Supplier, be them software or other technical-related reasons, including but not limited to server breakdowns, force majeure, strikes due to legal regulations, disruption due to third parties (e.g. other providers), network operators or service providers, the order will be resumed as soon as possible. If the order is resumed after the disruption at the earliest possible time, the Supplier's claim for remuneration remains unaffected. The Supplier shall correct unacceptable errors as quickly as possible and will attempt to correct minor impairments within a reasonable period of time. The Supplier shall strive to ensure that the service remains available. However, the user should not expect the Supplier's service to be continuously available or free from failure.
4. Unless agreed otherwise, the publisher is obliged to have the following request information prepared within 10 working days of the execution of the order:
- the access number to the advertising material
- the ad server downtime in the case that it exceeds one hour.