General terms and conditions for ads, banners and inserts*
- “An advertising order” in the sense of the following terms and conditions is the contract that regulates the publication of either one or more ads in the print or tablet version of pv magazine or the publication of one or more banners on the magazine’s newsletter or web page www.pv-magazine.com – ordered by an advertising company or space buyer for circulation purposes. A banner in the sense of the following terms and conditions is an online advertisement embedded into the magazine’s web page or newsletter.
- Ads and banners shall be published in case of doubt within one year of the conclusion of a contract. If the right to release individual ads or banners is granted within the scope of the contract conclusion, the order shall be effected with one year of publication of the first ad or banner, as far as the first ad or banner is released and published within the terms indicated in clause 1 of these conditions.
- Regarding contract conclusions, the contracting body is able to release within the agreed terms, or according to those indicated in clause 2, an additional increased number of ads or banners than those specified in the advertising order.
- In the case of an order not being completed due to causes the publisher is not responsible for, the contracting body shall refund to the publisher, safe of further statutory duties, the difference between the granted and the effective purchase corresponding abatement. The reimbursement is not applicable in the case that the incompletion is due to force majeure publisher’s risk sphere.
- In calculating the number of releases, in case of an ad, the text millimeter lines are converted price typically into advertising millimeter.
- Orders of ads and inserts that are to publish declaredly and exclusively in specific numbers, specific editions, or in specific print locations, as well as banners that are to be published declaredly and exclusively at a certain point in time in the newsletter or on the magazine’s web page, shall be forwarded to the publisher in sufficient time, for the publisher to inform the contracting body prior to closing date in case the order cannot be effected as requested. Rubricated ads will be printed in the respective rubric without the need for express agreement of this.
- For an ad or banner placement in a text part of either the print, tablet or online version of pv magazine, the text part price shall be paid. The publisher will label clearly those ads and banners which may not be readily identifiable as such due to their editorial style with the mark “ad”.
- The publisher reserves the right to refuse advertising orders – also single releases within a conclusion, in particular ads on title pages – or orders of inserts due to content, source, or technical form according to the standard objectively justified principles of the publisher, if the contents violate the law or official regulations, or the publication is unacceptable for the publisher. This applies also to orders placed at representative offices. Advertising and inserts orders are only binding for the publisher on submission and acceptance of the ad or banner motive or a sample of the insert. Inserts, which convey the reader’s impression of being a part of the newspaper or magazine due to their format or design, or which contain external ads, are not accepted. The refusal of an order is forwarded immediately to the contracting body.
- The contracting body is responsible for a duly entry of the advertising text and the correct template, insert or banner. In case the templates are obviously improper or damaged, the publisher demands immediately an alternative template. To guarantee a correct print of templates, which are sent via ISDN or data medium, a supplementary sheet shall be filled in. In case of non-observance, the publisher does not assume any liabilities for the correct print. The publisher guarantees the common print quality for the respective title within the scope of possibilities the templates offer.
- The contracting body is entitled to discounts, or to reimbursement of a correct ad, in case an ordered ad is printed completely or partially unreadable, incorrect, or incomplete, however, only to the extent to which the ad has been negatively affected. In case the adequate term for a rectification due from the publisher shall be expired or the reimbursed ad shall be incorrect again, the contracting body is entitled to discounts or cancellation of the order. Claims for damages from a positive breach of claim, default on contract conclusion, and tort claim – including on advertising orders via phone – are excluded. Claims for damages due to impossibility and delay are limited on reimbursement of the supposed damage and payable charges of the respective ad or insert. This does not apply to intention and gross negligence of the publisher, any legal representative, or agent. The publisher’s liability due to damages from absence of warranted characteristics shall remain unaffected. Tradesmanlike, the publisher is not responsible for the gross negligence caused by agents; for other cases, the liability for gross negligence to traders is limited to the extent of the supposed damage up to the amount of the respective ad charge. Absent or incorrect printed control information do not present any claims for the contracting body, unless anything different is expressly agreed. Complaints shall be asserted – except for unobvious faults – within four weeks upon invoice and proof receipt.
- Proofs of a printed ad are furnished only on express request. The contracting body is responsible for the correctness of the returned proofs. The publisher includes all error corrections, which are forwarded within the allotted term indicated with the receipt of the proof.
- If no particular presetting is requested, the common and effective print height according to the type of a printed ad shall be taken as a basis for the calculation.
- If the contracting body does not render payment in advance, the invoice is forwarded immediately, but preferably a fortnight after the ad’s publication. The invoice is payable upon receipt, unless any other payment term or advanced payment is agreed individually. In the event the contracting body is required to withhold a tax, the contracting body is responsible for the payment of such tax and may not deduct such tax when making payment to the publisher.
- On default or payment delay, interests and charges of withdrawal shall be charged, and the publisher is entitled to stop further performance of the current order pending payment, and to demand advanced payment for the remaining ads. Upon justified doubts shown regarding the solvency of the contracting body, the publisher is entitled to condition the publication of further ads or banners on advanced payment of the charges and balance of the open invoice amount, regardless of the originally agreed payment term,, even during the run-time of a conclusion of ads. All present and future claims of an agency from a contracting body concerning insertion and possible additional costs shall cede to the publisher. The agency is entitled to withhold the ceded claim as long as the conventionary duty of payment to the publisher is met. The publisher is generally entitled, despite a cession, to collect receivables independently.
- On request, the publisher furnishes a proof of a printed ad with the invoice. The proofs are furnished according to the characteristics of the advertising orders, as the case may be, ads extracts, pages, or complete edition numbers. In case a proof cannot be furnished anymore, the publisher will issue a legally binding certificate confirming the publication and circulation of the ad.
- Expenses for the production of ordered printing plates, matrixes, films, and drawings, or considerable modifications of the primarily agreed characteristics ordered and represented by the contracting body are for the account of the same.
- A claim on discount can be deduced from a print run reduction on contract conclusion about repeated ads, when the general average of the incipient insertion year of the first ad runs under the average print run of the last calendar year. General averages are indicated in the price list or otherwise, or – in case the circulation is not indicated – the sold average is applicable (on magazines if necessary the average effective circulation). A reduction of print run is only a discount-justifiable fault, when the reduction amounts more than 20%. Furthermore, are excluded any discounts and claims for damages, if the publisher gives notice to the contracting body about the decline of the print run so accurately timed, that the contracting body is able to cancel the contract prior to the publication of a printed ad.
- The publisher keeps and duly forwards offers regarding numeric ads by applying the diligence of a prudent businessman. Moreover, the publisher does not assume any liability. Registered letters and express letters to numeric ads are only forwarded by regular mail. The incoming mails to numeric ads are kept for four weeks. Replies that are not picked up within this term will be shredded. The publisher returns valuable documents, without being obligated to. In the interest and for the protection of the contracting body, and in order to exclude misuse of the numeric service, the publisher reserves the right to open the incoming offers for verifying purposes. The publisher is not obligated to convey commercial commitments and mediation offers.
- Place of fulfillment shall be the seat of the publisher. The County Court of Berlin is place of jurisdiction for any claims from business relationships (future contracts also) with full-traders, legal persons under public law, or entities of special property regulated by public law, as well as for all claims, which shall be asserted in the way of the judicial dunning procedure. In case the contracting body’s address or general residence is unknown at the time of the commencement of proceeding, or the contracting body is based or takes up address or general residence out of the law application area upon contract conclusion, the seat of the publisher remains agreed place of jurisdiction, unless the publisher and the contracting body expressly provide otherwise in writing. In all cases German law shall be the governing law, unless the publisher and the contracting body expressly provide otherwise in writing.
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*General terms and conditions for pv magazine company listing can be retrieved here.
October 17, 2016