General Terms and Conditions (GTC)
1. advertising order in the sense of the following general terms and conditions is the contract for the publication of one or more advertisements of an advertiser in a printed publication of the company B4Bmedia.net AG (hereinafter referred to as B4Bmedia.net). The placed advertisement order becomes legally binding only after written confirmation by B4Bmedia.net. Additional verbal agreements are only valid after written confirmation by B4Bmedia.net. The written form shall be complied with by fax or e-mail. The general terms and conditions of B4Bmedia.net shall apply exclusively to the advertising order; general terms and conditions of the Customer that conflict with or deviate from the general terms and conditions of B4Bmedia.net shall not become part of the contract unless B4Bmedia.net expressly agrees to such validity in writing in each individual case.
2. advertising orders are each assigned to a specific medium of B4Bmedia.net and include a circuit diagram of the advertisements for the issues booked. Orders for advertisements and third-party inserts that are declared to be published exclusively in certain numbers, certain issues or in certain places in the printed medium must be received by B4Bmedia.net on time, i.e. by the advertising deadline according to the current media data, so that the client can still be informed in good time if an order cannot be executed in this way. Cancellations or postponements of advertisements must be notified no later than four weeks before the advertising deadline for the respective issue. If the deadline is exceeded, B4Bmedia.net shall
Entitlement to payment for the advertising space allocated in the make-up.
3. advertisements that are not recognizable as advertisements due to their editorial design can be clearly identified as such by B4Bmedia.net with the word "advertisement". The client bears sole responsibility for the content and legal admissibility of the text and image material provided for the insertion. The client is responsible for indemnifying B4Bmedia.net against claims by third parties that arise against B4Bmedia.net as a result of the execution of the order, even if it is cancelled. B4Bmedia.net is not obligated to check orders and advertisements to determine whether they infringe upon the rights of third parties.
4. B4Bmedia.net reserves the right to reject advertisement orders, including individual call-offs within the framework of the final order and insert orders, due to their content, origin or technical form, if their content violates laws or official regulations, the rights of third parties or morality, or if their publication is unreasonable for B4Bmedia.net (withdrawal). In this case, B4Bmedia.net also has the right to remove individual contents or individual passages of the advertisement text from the advertisement without prior notice. In this case, the customer cannot assert any claims against B4Bmedia.net. Orders for inserts shall only be binding on B4Bmedia.net after a sample of the insert has been submitted and approved by B4Bmedia.net. The client assumes sole liability for all legal consequences arising from the content of advertisement orders or an advertising statement and indemnifies B4Bmedia.net against all third-party claims, in particular claims for damages or counterstatement. The customer also assumes the costs of legal representation incurred by B4Bmedia.net. B4Bmedia.net is not obligated to check advertisement contents for their legal admissibility and for a possible infringement of third party rights.
5. the customer is responsible for the timely delivery of the advertisement text and flawless print documents or the inserts. B4Bmedia.net shall immediately request replacements for recognizably unsuitable or damaged print documents. If any defects in the printing material or data are not immediately apparent, but only become apparent during the printing process or during further processing of the data, the Customer shall have no claims against B4Bmedia.net in the event of defective printing. B4Bmedia.net guarantees the usual print quality for the title used within the scope of the possibilities given by the print documents. The client is responsible for all information given to the publisher. The customer is liable for ensuring that any files sent by him for printing are free of viruses or other impairments.
In the event that the advertisement is wholly or partially illegible, incorrect or incomplete, the customer is entitled to a reduction in payment or a replacement advertisement, subject to the provisions of Section 5, but only to the extent that the purpose of the advertisement was impaired. If B4Bmedia.net allows a reasonable period of grace granted for a replacement advertisement to elapse or if the replacement advertisement is again not faultless, the customer shall be entitled to a reduction in payment or cancellation of the order to the extent that the purpose of the advertisement has been impaired. Claims for damages are limited to compensation for damages up to the amount of the advertisement fee paid. This does not apply to intent and gross negligence on the part of B4Bmedia.net. In the case of merchants, liability for gross negligence is limited to compensation for foreseeable damage up to the amount of the paid advertisement fee.
The statutory liability for personal injury and under the Product Liability Act remains unaffected, B4Bmedia.net is open to the objection of contributory negligence. Further claims for damages, regardless of the reason, are excluded, even if the order was placed by telephone.
Complaints must be made within 4 (four) weeks of receipt of the invoice, except in the case of non-obvious defects.
7. proofs for checking the status and completeness shall be supplied by B4Bmedia.net upon request. Costs for any color proofs requested by the customer or color proofs produced using a substitute printing process shall be borne by the customer. The customer is responsible for the correctness of the returned proofs. B4Bmedia.net shall take into account error corrections that are communicated to it within the deadline set when the proof is sent. If the customer does not return the proof sent to him within the set time limit, the approval for printing shall be deemed to have been given. If any defects in the print documents are not immediately recognizable, but only become apparent during the printing process, the Advertiser shall have no claims against B4Bmedia.net in the event of insufficient printing.
In the case of corrections made by telephone, claims against B4Bmedia.net for faulty reproduction are excluded.
8. if the booked title does not appear at the specified time, the client has no right to cancel the advertising order. If an issue does not appear in its entirety, the client may withdraw from the contract or demand that the advertisement be printed on the next possible publication date.
9. if the client does not make advance payment, the invoice will be sent immediately, but if possible 14 days after publication of the advertisement. The invoice must be paid within the payment term of 10 days from the date of the invoice, unless a different term or advance payment has been agreed in individual cases. Upon request, B4Bmedia.net will provide an advertisement voucher together with the invoice. For this purpose, depending on the type and scope of the advertisement order, clippings, voucher pages or complete voucher numbers will be supplied. A legally binding certificate from B4Bmedia.net shall take the place of a receipt that can no longer be obtained.
about appearance and distribution of the advertisement.
In the event of default or deferral of payment, interest shall be charged at a rate of 5 (five) percent above the base interest rate of the European Central Bank applicable at the time, but at least 6 (six) percent, as well as collection costs. In the event of late payment, B4Bmedia.net may defer further execution of the current advertisement order until payment has been made and demand advance payment for the remaining advertisements. If there are reasonable doubts about the customer's ability to pay, B4Bmedia.net can make the publication of further advertisements dependent on the payment of outstanding invoice amounts as well as on the advance payment of the further advertisements, even during the term of an advertisement contract, regardless of an originally agreed payment deadline. The publisher may also demand collateral in the event of doubt as to the customer's ability to pay or in the event of default in payment. The costs to be borne by the customer for pre-court reminders shall be € 2.50 for the 2nd reminder and € 6.00 for the 3rd reminder.
11. the costs for the production of requested and ordered PDF files or special printing requests shall be borne by the client; the same applies to significant changes to the original advertising order requested by the client.
12. the price list of B4Bmedia.net published at the time the order is placed shall apply. For orders confirmed by B4Bmedia.net, however, price changes are only effective if they are announced at least one month before publication of the advertising material. In case of a price increase the client has the right to withdraw from the contract. The right of withdrawal must be exercised within 14 days of receipt of the notification of the price increase. Discounts shall be determined in accordance with the currently valid price list. Advertising agencies and other advertising intermediaries are obliged to adhere to the price list in their offers, contracts and settlements with advertisers. The agency fee granted by B4Bmedia.net may not be passed on to the clients of the advertising agencies and other advertising intermediaries, either in whole or in part.
13. in the case of a contract for several advertisements, a claim to a price reduction may be derived from a reduction in circulation if the overall average of the insertion year beginning with the first advertisement falls short of the average actually distributed circulation of the previous calendar year as stated in the price list or by other means. A reduction in circulation shall only be a defect entitling to a price reduction if it amounts to 20% per cent for a circulation of up to 35,000 copies. In addition, claims for price reductions are excluded in the case of contracts if the publisher has informed the client of the reduction in circulation in good time so that the client was able to withdraw from the contract before the advertisement was published.
14. artwork or data or data carriers shall only be returned to the client upon request or corresponding reference in the order. The obligation to retain the data shall end three months after expiry of the order, unless expressly agreed otherwise.
15. the E-3 editor-in-chief of B4Bmedia.net may at any time edit, supplement, rewrite or shorten text proposals, reports, comments, interviews, images or other contributions provided by the client in accordance with the generally applicable editorial guidelines of the E-3 editor-in-chief. It is assumed that the contributions are made available exclusively to B4Bmedia.net, but that there is no publication obligation for B4Bmedia.net without a written agreement. The author/author declares with the submission that he/she is entitled to all copyrights, ancillary copyrights or other rights (e.g. personality or trademark rights) required for the publication using the advertisement, including all contributions, reports, comments, interviews, pictures or other contributions made available, without restriction.
16. oral agreements require written confirmation by B4Bmedia.net to be effective. A confirmation by fax or e-mail is sufficient.
17. the general terms and conditions, the order confirmation and the respectively valid price list are authoritative for each order.
The place of jurisdiction for all disputes arising from the contractual relationships subject to these terms and conditions is the registered office of B4Bmedia.net, unless otherwise stipulated by mandatory law. The law of the Federal Republic of Germany shall apply.
If individual provisions of these GTC are invalid, this shall not affect the validity of the remaining provisions. An invalid provision shall be replaced by mutual agreement by a provision that comes closest to the invalid provision in terms of its economic purpose and intention.
