§ 1: „Advertisement order“ in the following terms and conditions is the contract between the Cursus Media Verlags GmbH (“Publisher”) and the client concerning the publication of one or more advertisements or other advertising media (hereinafter referred to as „Advertisements“) of advertisers or other advertiser parties („Advertiser“) in the media of Cursus Media Verlags GmbH for the purpose of distribution.
§ 2 A „Contract“ means an agreement to print one or more Advertisements in agreement with the Advertiser, applying the eligible price list discounts. The respective publications are triggered on request of the Advertiser. If the right to call individual Advertisements is granted under the Contract, the Contract is to be settled within one year after the first Advertisement, provided that the first Advertisement is requested and published within one year after the signing date of the Contract.
§ 3 If one or several calls of the Contract are not met for circumstances for which the Publisher is not responsible, the Advertiser, without prejudice to any further legal obligations, has to reimburse to the Purchaser the difference between the guaranteed and the actual price list discount corresponding to the Advertisements published. The Advertiser, unless otherwise agreed is entitled to a retroactive discount based on the actual Advertisements within one year.
§ 4 Orders for Advertisements that are to be published only in a specific magazine edition, certain issues or in specific places of the publication, must be with the Publisher with a lead time before closing date for printing that allows the Publisher to inform the Advertiser before the closing date if the order cannot be executed in this manner.
§ 5 Ads that are not recognizable as advertisements due to their design will be marked by the Publisher with the word “Anzeige” (advertisement) or „Promotion“ (promotion).
§ 6 The Publisher reserves the right to reject advertisements – including individual calls under a Contract – if the content violates laws or official regulations or if their content was rejected by the German Advertising Council in a complaints procedure or if the publication is unacceptable for the Publisher because of content, design, origin or technical form or if ads contain advertising for third parties. Orders for inserts are binding for the Publisher only after receiving a sample and its written approval. Ads, advertising or for third parties (association advertising) require in each case the prior written acceptance by the Publisher. This entitles the Publisher to levy a surcharge. The rejection of an Advertisement or other Advertising material is notified immediately.
§ 7 The Advertiser is solely responsible for the timely delivery and flawless quality of suitable printing material or other advertising material. When delivering digital printing material the Advertiser is obliged to provide the format and the technical specifications corresponding copies for Advertisements in lead time before closing date for printing. Additional costs for the production material caused by request of the Advertiser and amendments to the printing material will be charged to the Advertiser. Agreed upon is the usual standard, in accordance with information in the price list and, in the order confirmation configuration of ads or other advertising material within the limits set by the printing process. This applies only in the event that the Advertiser complies with the requirements of the Publisher regarding the creation and transmission of print documents.
§ 8 Print documents are returned only at the specific request of the Advertiser. The obligation to keep the copy material ends three months after the first use of the ad.
§ 9 If the publication of the advertisement is not the contractually agreed quality or performance, the Advertiser is entitled to a payment reduction or a flawless substitute Advertisement or to substitute publication of the other advertising material, but only to the extent to which the purpose of the Advertisement or the other advertising agent was impaired. The Publisher has the right to refuse a substitute Advertisement or substitute publication if this requires an undue effort, taking into account the nature of the obligation and the principle of good faith, is grossly disproportionate to the interests of the client, especially if the Publisher would incur disproportionate costs. The cancelation of the Contract for minor defects of the Advertisement or the publication of the other advertising material is excluded.
The Publisher is liable for all damages arising from breach of contract or tort in accordance with the following provisions: In case of gross negligence, liability is limited to compensation of the typical foreseeable damage for commercial transactions. This restriction does not apply if the damage was caused by legal representatives or senior employees of the publishing house. In cases of negligence the Publisher is only liable if an essential contractual obligation has been breached. In such cases, liability is limited to the typical foreseeable damage. For claims under the Product Liability Act and injury to life, limb or health the Publisher is liable under the statutory provisions.
Complaints must be claimed within four weeks after receipt of invoice – except for hidden faults. All claims against the publishing house for breach of contract expire one year from the statutory limitation period, unless they are based on intentional misconduct.
§ 10 Proofs are provided only upon request. The Advertiser is responsible for the correctness of the returned proofs. The Publisher considers all corrections that are communicated before closing date or within the period specified upon sending the sample.
§ 11 The invoice must be paid within a period of 14 calendar days after receipt, unless a different payment period or prepayment has been agreed upon. Discounts for early payment will be granted according to the price list.
§ 12 In case of default or deferment the usual bank interest and collection fees will be charged. The Publisher may delay the current order including remaining Advertisements in case of default payment until payment is received. If there is reasonable doubt as to the solvency of the Advertiser the Publisher is entitled to make the publication of further Advertisements irrespective of an originally agreed payment terms subject to prepayments and the settlement of open invoices prior to the closing date.
§ 13 The publishers will provide a voucher copy. Depending on the type and size of the advertisement complete copies or alternative digital document-pages are delivered. If a voucher copy cannot be provided, a legally binding certificate of publication and distribution of the advertisement will be provided.
§ 14 Place of performance is Frankfurt. In business transactions with merchants, legal persons under public law or public special assets the place where the Publisher is located is the place of jurisdiction. Insofar as claims of the Publisher are not asserted through dunning proceedings, the jurisdiction shall be determined for non-business persons at the place of residence.
§ 15 Advertising agents and advertising agencies are obliged to hold in their offers, contracts and settlements with Advertisers to the current price list.
§ 16 New rates for ad bookings are effective for companies if they are announced by the Publisher at least one month before publication of the Advertisement or the advertising material. In case of price increase the customer is entitled to withdraw. The right of withdrawal must be exercised within 14 days in writing after receiving notice of the price increase.
§ 17 If a group discount claimed for affiliated enterprises, the written proof of corporate status of the Advertiser is required. Affiliated companies for the purposes of that provision are companies between which capital participation is at least 50 percent. Evidence must be submitted by the end of year. Later submissions cannot be recognized retrospectively. Group discounts in any case require the express written confirmation from the Publisher. Group discounts are only granted for the term of affiliation. The termination of this affiliation must be noticed immediately. The group discounts ends with the termination of affiliation.
§ 18 The Advertiser guarantees that he has all rights necessary for the placement of the ad. The Advertiser is solely responsible for the content and legality of the provided material, for the insertion of text and image documents and the advertising material supplied. He indemnifies the Publisher as part of the Advertising order from any third party claims that may arise from the violation of legal provisions.
Furthermore, the Publisher is released of the costs of necessary legal defense. The Advertiser is obliged to assist the Publisher in good faith with information and documents in a legal defense against third parties. The Advertiser transfers to the Publisher all right which are necessary for the use of advertising in print and online media of all kinds, including Internet rights of use, performance and other rights, especially the right to reproduction, distribution, transmission, broadcasting, making available, extraction from a database and retrieval, and the time and content to the extent necessary for the performance of the contract. The aforementioned rights are geographically unrestricted in all cases.
§ 19 For stoppages not caused by the Publisher or in cases of force majeure, illegal labor dispute, illegal confiscation, traffic disturbances, general raw material or energy shortage and the like, with direct or indirect effects of war, civil war, terrorist attack, natural disasters, etc. both in operation as well as in external plant which are used by the Publishers to meet its obligations, the Publisher is entitled to full payment for the published advertisements, if the publishing house supplies with 80% of sales on average over the last four quarters or at another edition as guaranteed.
If the distributed edition is lower the invoice will be reduced proportionally with the actual distributed edition.
§ 20 The Publisher is entitled to amend these General Terms and Conditions with future effect. Changes will take effect if the Publisher notifies about specific amendments in writing and the Advertiser does not contradict to such amendments within two weeks after notification. In the event of disagreement, the Publisher is entitled to terminate the Contract and the end of a month.
§ 21 These General Terms and Conditions are a non-binding translation from the German version. In the event of any discrepancies between the English and German version, the German version shall prevail.
a) The General Terms and Conditions and additional business conditions also apply mutatis mutandis to orders for inserts, supplements or special technical possibilities. Each order is legally binding only after written confirmation from the Publisher.
b) The Advertiser is solely responsible for the content and legal permissibility of the submitted for insertion text, images and other documents, in particular the fixed inserts, supplements etc. pp. § 18 of the terms and conditions of the Cursus Media Verlags GmbH shall apply accordingly.
c) After the closing date for printing suspensions, changes in size, format, and changes in color are no longer possible. The Publisher is not liable for the accuracy of the reproduction for advertisements or corrections placed by telephone. Liability is also not assumed if defects in the artwork only occur with printing. The Advertiser then has no claim for an unsatisfactory print. Possibly additional costs arising will be charged.
d) The Publisher is not responsible, if due dates for deliveries are not met and if consequently a reduction in print quality occurs.