The following General Terms and Conditions are a part of / the basis for all contracts and agreements with the editorial organisation INFObases as the operating company of the CHECK.point eLearning portal, the newsletter of the same name, and all connected media.
Any regulations in the client's terms and conditions that deviate from these General Terms and Conditions are herewith expressly contradicted. Clients shall comply with these General Terms and Conditions, even when their own terms and conditions claim exclusive validity. All clients with whom a continuing business relationship exists will be informed in writing of any changes made to these General Terms and Conditions. Such changes shall be considered approved if the client does not object in writing to INFObases within one month after receiving the changes.
Orders from advertising agencies are accepted only for specifically named advertisers, and in these cases the content of the advertisement shall be specified. INFObases is entitled to demand a confirmation of the customer mandate from advertising agencies and also to forward booking confirmations directly to the advertiser.
The establishment of a contract, and the consequent effectiveness of the General Terms and Conditions, are conditional upon the client's prior placement of an order in writing. The contract is established upon its confirmation in written or alternatively electronic form (fax / email) by INFObases. The terms of the contract stipulated by INFObases in the order confirmation are valid without exception, provided that the client does not object in writing within 24 hours of receiving the order confirmation. Order confirmations given orally or by telephone cannot effectively replace written confirmation.
Whenever possible, booked advertisements will be displayed by INFObases according to the placement wishes of the client. There is no provision for an entitlement to a specific advertisement placement.
In general, it is not possible to reach agreement to exclude competitors, even within an individual publication.
The reservation of advertisement spots is in principle possible; however, reservations are no longer valid if the client does not within seven business days submit to INFObases an order in writing for the spot reserved by him.
The client undertakes to provide to INFObases the material necessary for the advertisement (defined in the order confirmation) before the stipulated advertisement closing date as follows: for print publications, at least 10 business days in advance of this date, for online publications, three business days. The quality of the advertisement, in terms of technical aspects and its content, is the sole responsibility of the client. The advertisements shall be provided to INFObases as digital files - for printed advertisements, with two additional binding colour proofs. If advertisements are provided in formats other than those described in the order confirmation, the client is responsible for covering processing costs.
The advertisements shall be sent to: Redaktionsgemeinschaft INFObases, Schweppermannstr. 4, 81671 Munich, Germany. The delivery of the advertisement documents is undertaken at the client's own risk and expense.
If the advertisement documents and/or the proofs are delivered late or changed retrospectively, INFObases cannot guarantee proper execution of the order. INFObases may invoice the client for the stipulated advertisement fee, as well as for the resulting additional costs incurred, in cases where advertisements are not published or are incorrectly published owing to the delivery of advertisement materials in an untimely, incorrect, insufficient, or incorrectly marked-up manner.
The client grants INFObases temporary and local authority and the right of content control to the degree necessary for the execution of the order for the advertisement submitted for publication.
The client shall ensure and avouch that he has all copyrights, ancillary copyrights and other rights for the use of the advertisement and that he can grant these rights to INFObases. In addition, the client is liable for ensuring that the advertisement does not breach competitive regulations and any existing obligatory guidelines and principles of the advertising industry. In the event that a claim is made against INFObases for any breach of statutory provisions for which the client is responsible, the client shall immediately indemnify INFObases when requested to do so.
If an advertisement is not published or is published incorrectly for reasons for which INFObases is responsible, INFObases shall ensure the proper execution of the order at its own discretion by immediately placing the advertisement in another publication chosen as the best possible alternative. The client is not entitled to any other (guarantee) claims, especially regarding termination (annulment) of the contractual relationship or a price reduction.
The compulsory storage obligation for advertising materials of INFObases as the executing editorial organisation ends three months after the last distribution.
INFObases is liable for possible damages - regardless of the applicable legal grounds - only in the case of premeditation or gross negligence. The liability of INFObases is limited to typical claims and a typical scope of claims such as may reasonably have been foreseen for INFObases upon concluding the contract. The parties agree that such a typical foreseeable claim does not in any case exceed 5,000 Euro.
Additionally, liability is limited to the sum of the order volume for the advertisement booked by the client that was not published or not published according to the contract. All liability for any claim above and beyond this is similarly excluded, as is the compensation of consequential damages, damages resulting from deficiencies or lost revenue.
Advertising orders confirmed by INFObases are without exception firmly booked. The client may terminate the confirmed order in writing to INFObases up to six weeks before the planned date of printed publication or up to two weeks before the planned date of online publication. However, an order is only considered terminated if INFObases accepts the cancellation in writing. The client is not entitled to any right of cancellation. In the event that INFObases accepts the cancellation, it foregoes any entitlement to compensation. If a client wishes to cancel the order outside these stipulated terms, he shall - in the event that INFObases accepts the cancellation - pay INFObases 80 percent of the agreed fee.
Advertising agencies or advertising intermediaries - if they have provided consultancy services to their client or can submit proof of similar services rendered - receive a commission of 20% of the invoice total (net), plus turnover tax. The condition for this is that the invoiced amount has been paid to INFObases.
INFObases shall invoice the client for 50 % of the total order value upon placement of the order. The invoice sum is derived from the publishing company's currently valid price lists. The prices stated there are given in Euros plus statutory turnover tax. The invoices are to be paid, without deductions, within 14 days after billing. Payment shall be made only by means of a bank transfer to the account indicated by INFObases. Upon entering into a new business relationship, INFObases reserves the right to demand advance payments.
If payments are delayed, INFObases is entitled to omit further advertisement placements in other INFObases publications. Its entitlement to compensation is retained regardless, even for the advertisements which are not published. INFObases is entitled to demand interest on late payments in the amount of two percent per month.
The client is entitled to offset his own counter claims against the claims of INFObases only if these counter claims have been acknowledged in writing or were established judicially.
Changes or additions to this contract, as well as possible supplementary stipulations are valid only in written form. The parties shall not deviate from this formal requirement, even on the basis of amicable agreement.
If individual provisions of this contract are ineffective, this does not affect the effectiveness of the remaining regulations. Ineffective provisions are to be replaced by provisions that as closely as possible reflect the economic substance of the provision foreseen by the parties, in terms of its content and purpose.
German law applies exclusively to this agreement.
Court of jurisdiction is Berlin, Germany.
Turnover tax ID No. DE130048813