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1. An advertising order in the meaning of the
following general terms and conditions is the contract for the
publication of one or more ads of an advertising client in a printed
publication of the B4Bmedia.net AG company (called B4Bmedia.net below).
The advertising order issued is legally binding immediately after
written confirmation by B4Bmedia.net. Additional oral agreements are
effective immediately after written confirmation by B4Bmedia.net.
2. Advertising orders are assigned to a certain
medium of B4Bmedia.net and contain a diagram of the ads for booked
issues. Orders for ads and supplements, which are to be published
exclusively in certain numbers, certain issues or in certain places of
the printed publication, must be received timely at B4Bmedia.net so that
the client can be notified before the closing date if the order cannot
be carried out in this way. Cancellations or ad deferments are to be
communicated no later than 4 weeks before the official closing date of
the respective issue. When the deadline is not met, B4Bmedia.net can
claim payment for the division in the make-up of the advertising space.
3. If an order is not fulfilled due to
circumstances that B4Bmedia.net cannot control, then the client,
irrespective of any further statutory duties, must reimburse
B4Bmedia.net the difference between the guaranteed discount and the
discount corresponding to the actual reduction. Reimbursement does not
apply, when non-fulfillment is based on force majeure in the risk
sphere.
4. Advertisements, which are not recognizable as
advertisements due to their editorial design, can be marked as such by
B4Bmedia.net with the word “Ad”. The client bears sole responsibility
for the content and the legal admissibility of the text and the image
documents provided for the insertion. It is incumbent on the client to
release B4Bmedia.net from third party claims against B4Bmedia.net, which
accrue from the execution of the order, even when it was to be cancelled
. B4Bmedia.net is not obligated to check orders and ads to see whether
they affect third party rights.
5. B4Bmedia.net reserves the right to refuse
advertising orders, even individual call orders within the scope of the
complete order and supplement orders due to content, source or the
technical form, when their content violates laws or official ordinances
or their publication is not acceptable to B4Bmedia.net (withdrawal).
Supplement orders are binding for B4Bmedia.net after submission and
approval of a sample of the supplement. The client accepts sole
responsibility for all legal consequences resulting from an advertising
message and protects B4Bmedia.net from third party claims for damage
and/or counterstatement.
6. The client is responsible for the timely
delivery of the ad text and clean artwork or of supplements.
B4Bmedia.net requests immediate replacement for recognizable unsuitable
or flawed artwork. If defects in the artwork and/or data are not
immediately recognizable, but become clear during the printing process
or subsequent processing of the data, then the client has no claim due
to an unsatisfactory imprint. B4Bmedia.net guarantees the customary
print quality for the title documented within the scope of the
possibilities given by the artwork. The client is responsible for all
data given to the publisher.
7. The client can claim payment reduction for
completely or partially illegible, incorrect or incomplete imprint of
the ad or a clean replacement ad, but only to the degree to which the
purpose of the ad was affected. If B4Bmedia.net allows an appropriate
grace period elapse or if the replacement ad is not clean, then the
client has a right to payment reduction or cancellation. Claims for
damages are limited to replacement of the predictable damage and to the
fee to be paid for the ad or supplement concerned. This does not apply
to premeditation or gross negligence of B4Bmedia.net, their legal
representatives or their assistants. The legal liability for personal
injuries in accordance with the Product Liability Law remains unaffected
by this; the defense of contributory negligence remains open for
B4Bmedia.net. Claims must be made within four weeks after receipt of
invoice and documentation except for defects that are not obvious.
Additional claims for damages, for whatever reason, are excluded; this
includes telephone orders.
8. Proofs for the control of condition and
completeness are delivered by B4Bmedia.net upon request. The client must
bear the costs for any color printing requested by the client or with
replacement printing process of prepared color proofs. The client is
responsible for the accuracy of the proofs that are sent back.
B4Bmedia.net considers all error corrections, which are communicated to
it within the period set upon the remittance of the proof. If the client
does not send back the proof conveyed to him within the set period, then
permission to print is considered to be issued. If any defects in the
documents are not immediately recognizable, but become clear in the
printing process, then the advertising client has no claim against
B4Bmedia.net when there is an unsatisfactory imprint. When there are
corrections issued by telephone, claims against B4Bmedia.net due to
incorrect reproduction are excluded.
9. When the title booked does not appear at the
point in time indicated, the client has no right to cancel advertising
orders and no claim to compensation for damages. If an issue should not
appear at all, the client can withdraw from the contract or request the
imprint of the ad at the next possible date of publication.
10. If the client has not prepaid, invoice and
receipt are sent immediately, preferably 14 days after publication of
the ad. The invoice is to be paid within the period beginning with the
receipt of the invoice apparent from the price list, if another period
or prepayment has not been stipulated in individual cases. Any discounts
for advance payment are granted according to the price list.
B4Bmedia.net delivers ad documentation together with the invoice upon
request. Depending on the type and scope of the advertising order,
extracts, document pages or complete document numbers are delivered. A
legally binding statement by B4Bmedia.net on the appearance and
circulation of the ad takes the place of a document that is no longer
available.
11. The client is responsible for the cost of the
production of requested and ordered PDF files and/or special
reproduction requests; the client is also responsible for the cost of
significant changes requested to the original advertising.
12. In the event of a default of payment or
deferment of payment, interest in the amount of five percent over the
effective base rate of the European Central Bank is calculated, at least
six percent, in addition to collection costs. When there is a default of
payment, B4Bmedia.net can delay further execution of the current
advertising orders until payment and require prepayment for the
remaining advertisements. If there is a reasonable doubt of the client’s
ability to pay, B4Bmedia.net can also make the appearance of additional
advertisements dependent on the payment of invoice amounts due as well
as on the prepayment of further advertisements during the term of an ad
deadline without consideration of an originally stipulated term of
payment. The publisher can also ask for security when there is doubt
about the ability of a client to pay or in the event of payment default.
The costs that the client will bear for the pre-judicial warnings amount
to € 2.50 for the 2nd warning and € 6.oo for the 3rd warning.
13. The price list published at the point in time
of the order placement applies. A change in price remains reserved. For
orders confirmed by B4Bmedia.net, price changes are only effective when
they are announced at least one month before publication of the
advertising material. In the event of a price increase, the client is
entitled to a right of withdrawal. The right of withdrawal must be
exercised within 14 days after receipt of the communication on the price
increase. Discounts are determined in accordance with the effective
price list. Advertising agencies and other advertising agents are
obligated, in their bids, contracts and billing, to adhere to the price
list with advertising clients. The compensation arrangement guaranteed
by B4Bmedia. Net may not be passed on to the client of the advertising
agencies and other advertising brokers, either completely or partially.
14. A cutback in circulation is will only affect
the contractual relationship, when the amount of the edition has been
ensured and the decrease is more than 20% of the amount. In addition,
any price reductions or claims for damages are excluded, when the
publisher notifies the client of the fall of the edition timely, so that
the client can withdraw from the contract before appearance of the ad.
15. Artwork and/or data or data medium are sent
back to the client only when requested or when there is a corresponding
note in the order. The obligation to preserve ends three months after
development of the order, unless another agreement has been made.
16. The E-3 editorship of B4Bmedia.net accepts
proposed text, reports, commentaries and interviews at any time and will
process, amend or shorten these according to the general applicable
editorial guidelines. In the process, it must be assumed that the
contributions are provided exclusively; however, there is no obligation
to publish on the part of B4Bmedia.net without written agreement and
these texts can be processed, amended or shortened by the Editorial
Department – as previously mentioned – so that they can be treated as a
press release. The transmittal of texts and images gives B4Bmedia.net
the unlimited right to publish.
17. Oral agreements require written confirmation
by B4Bmedia. net to be effective.
18. The general terms and conditions, order
confirmation and respective price list are controlling for each order.
The jurisdiction for all disputes resulting from contractual
relationships underlying these terms and conditions is, in so far as the
law does not compel anything else, the registered office of
B4Bmedia.net. The German Federal Law applies.
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