General terms and conditions for advertisements and inserts in publications

1.An "Advertisement order" in the context of the following General Terms and Conditions shall be the contract to publish one or more advertisements of an advertiser or other interested party in a publication for the purpose of distribution. The following Conditions apply exclusively, where not otherwise expressly confirmed in writing by the Publisher. They are binding even when contradictory ordering conditions of the Client have not been rejected by the Publisher.

2. Advertisement orders apply for one year following conclusion of the contract, unless a longer period has been expressly agreed. Only that which has been agreed in writing, or confirmed by the Publisher in writing, is valid.

3. The exclusion of competitors is not possible.

4. The Publisher ensures the typographically correct fulfilment of the order if the Client has met all necessary prerequisites. Advertisement orders can only be accepted if they are submitted in typewritten or printed form or electronically transmitted. The Publisher does not guarantee the correct fulfilment of additional instructions given by telephone or written by hand.

5. Proofs (but generally not for entries in directories of suppliers or products) will only be supplied upon express request. If the Client does not return in good time proofs sent to him, the proof will be deemed approved. The Publisher will invoice the cost of extensive corrections separately.

6. Advertising rates do not include the cost of graphic work, or the creation of photographs or offset films. If such work is necessary for fulfilling the order, it will be invoiced separately. The Client may also be billed for extensive modifications to the originally agreed layout.

7. The Client is responsible for the timely delivery of the advertisement copy. For recognizably unsuitable or damaged print documents, the Publisher shall request a replacement immediately. The Publisher guarantees the usual print quality to the extent possible within the framework of the print documents.

8. In case of illegible, incorrect or incomplete printing of the advertisement, in whole or in part, the Client is entitled to reduce payment or to an error-free replacement advertisement, but only to the extent to which the purpose of the advertisement was impaired. If the Publisher allows a reasonable time period set for this purpose to pass or if the replacement advertisement again contains errors, the Client has the right to reduce payment or to cancel the order..

9. The Publisher's liability for damages claimed, on whatever legal grounds, is limited, where legally permissible, to the invoiced amount for the contracted advertisement or insert or supplement. If an order cannot be fulfilled or fulfilled in time as a result of force majeure or of circumstances beyond the Publisher's control, no claims against the Publisher may be asserted by the Client as a result.

10. The Publisher reserves the right to refuse orders for advertisements, inserts or supplements based on the content, the source or the technical form according to uniform, fact-based principles established by the Publisher, if their content violates applicable laws or official regulations or if their publication is unreasonable for the Publisher. Furthermore, orders for inserts or supplements are only binding for the Publisher after presentation and approval of a sample of the insert or supplement. Inserts or supplements whose format or presentation creates the impression that they are part of the publication or which contain outside advertisements, shall not be accepted. The Client will be informed immediately of the refusal of an order.

11. Advertisements which are not recognizable as advertisements due to their form will be clearly indicated as such by the Publisher with the word "Anzeige" (= "Advertisement").

12. The Publisher shall deliver a sample of the advertisement free of charge after its publication. A full sample will be delivered if justifiable by the type and scope of the advertisement order or if so agreed.

13. Print documents will be returned to the Client solely on express request. The obligation of retention shall end 12 months after publication.

14. Terms of payment: Payable strictly net within 30 days following the invoice date. Discounts will not be granted.

15. In case of delayed or deferred payment, interest at a rate of 5 % above the base lending rate according to § 1 of the German discount rate transition law ("Diskontsatz-Überleitungsgesetz") as well as collection fees will be charged. In case of delayed payment, the Publisher can hold back further execution of the current order until payment has been made, and can demand prepayment for the remaining advertisements. If there is objective, reasonable doubt regarding the Client's ability to pay, the Publisher is entitled, even during the term of the contract, to make the publication of further advertisements contingent upon advance payment of the sum in question and on the settlement of invoiced amounts still withstanding, regardless of any previously agreed terms of payment.

16. Upon request, the Publisher shall provide verification of the edition of the publication containing the advertisement.

17. Advertising agencies or brokers are obligated to use the Publisher's rate cards in their quotations, contracts and invoices. Agency commissions paid by the Publisher may not be passed on, either directly or indirectly, to the Client, in whole or in part.

18. If the rates change, the new conditions shall also apply for current orders, where not otherwise expressly agreed.

19. German law shall apply exclusively to all transactions with foreign customers. Amounts are invoiced in EUROs.

20. In the course of its business activities the Publisher uses data processing facilities and stores customer information for its business purposes and within the scope permitted by the Bundesdatenschutzgesetz (Federal Data Protection Act). A data protection officer has been designated.

21. The place of performance and place of jurisdiction is Berlin, where not otherwise prescribed by law. If the Client has moved his/her domicile or habitual place of residence outside the jurisdiction of German law after the conclusion of the contract, the place of jurisdiction shall be agreed to be Berlin.

General terms and conditions for online advertising are given at agb-online

Valid as of: 2009-12