1. Monday Publishing GmbH, hereinafter referred to in brief as the “Publisher”, shall conduct all advertising orders exclusively on the basis of the following Standard Terms and Conditions. We hereby reject the validity of the Client’s Standard Terms and Conditions.
2. The prices, premiums and discounts shown in the price list will be applied uniformly to all clients. The content of the contract shall be determined solely by what is stated in the order confirmation. Unless non-fulfilment is the Publisher’s responsibility, discounts will be forfeited should the Client not take up agreed advertisements.
3. Any kind of undertakings made verbally or by telephone, including those made with the Publisher’s representatives or employees, will only be considered non-binding preliminary discussions unless confirmed by the Publisher in writing.
4. An advertising agency placing an advertisement order does so in its own name and for its own account.
5. Advertisement orders are to be processed within 12 months (insertion year) from publication of the first advertisement. Advertisements that are booked for specific magazines must be processed in these magazines. The customer can cancel the advertising contract for an individual issue and also for a year‘s insertion.
The following applies to the cancellation of a year’s insertions : A cancellation must be received by us 14 days before the date of the first advertising delivery of the annual placement. In the event of cancellation, the publisher shall demand reimbursement of expenses in the amount of:
- 30% of the agreed advertising price for all booked issues if the cancellation is made more than six weeks before Advertising Delivery of the first booked advertisement.
- 50% of the agreed advertising price for a cancellation less than six weeks before Advertising Delivery of the first booked advertisement for the first booked issue and 30% of the agreed advertising price for subsequent issues.
- 100% of the agreed advertising price for a cancellation less than 14 days before Advertising Delivery of the first booked advertisement for the first booked issue and 30% of the agreed advertising price for subsequent issues
The following applies to the cancellation of individual issues: A cancellation must be received by us 14 days before the date for the sending of the advertisement motif (Advertising Delivery). In the event of cancellation, the publisher shall demand reimbursement of expenses in the amount of:
- 30% of the agreed advertising price for cancellations made more than six weeks before Advertising Delivery.
- 50% of the agreed advertising price for cancellations less than six weeks before Advertising Delivery.
- 100% of the agreed advertising price for cancellations less than 14 days before Advertising Delivery.
In the event of cancellation, any unjustifiably claimed quantity discounts will be invoiced retroactively. Costs for editorial productions that were made before a cancellation by the publisher will be invoiced according to the expenses incurred, irrespective of the above-mentioned cancellation regulations for advertisements. In any case, the advertising customer reserves the right to prove that no or lower expenses were incurred.
6. No guarantee is given that advertisements will be placed in particular numbers or issues or in particular locations in the magazine, unless the Client has expressly made the validity of the order dependent on such a placement, has accepted an appropriate placement premium and this has been confirmed by the Publisher. The Publisher shall have the right of retraction even in the latter case should the structure or the size of the magazine change; the Client may only cancel or terminate such specially agreed advertisements for the particular issue up to the closing date for advertisements. 7. The Publisher will clearly identify advertisements as such which are not recognisable as advertisements due to their editorial layout.
8. The Publisher is authorised to reject orders for advertisements, supplements and booklets as well as individual call-offs forming part of a contract, also such as have been confirmed in a legally binding manner, in keeping with uniform, professionally justified principles, should in the Publisher’s best judgement their content infringe laws, official regulations or common decency or whose publication is unacceptable to the Publisher.
9. The Publisher will not accept orders for supplements and booklets until a sample has been submitted.
10. The Client is responsible for the punctual delivery, at the latest by the relevant deadline for ad-copy, of electronic advertising data or returned proofs, details of which the Client must obtain from the order planning department.
11. Any warranty claims on account of unsatisfactory print quality are excluded should hidden defects not become evident until the printing stage. The Publisher guarantees the technically faultless reproduction of the advertisement only to the extent of the normal print quality achievable given the technical possibilities and the paper quality used. Unless the Publisher is responsible for this.
12. The Client is entitled to a price reduction or a faultless replacement advertisement in the event of a reproduction which is incorrect, illegible or incomplete or an advertisement which does not appear, or does not appear on time or in the agreed place, but only insofar as the purpose of the advertisement was negatively affected.
13. Liability as per agreement is limited to intent and gross negligence insofar as the matter does not amount to violation of a key contractual obligation or the loss of life, physical injury or detrimental effects on health. The same applies to the liability of our vicarious agents. In the event of minor negligence, liability shall be limited in total and in terms of amount to the foreseeable damage, the occurrence of which can typically be expected. All this does not affect liability in accordance with the German Product Liability Act.
14. If the Client is a merchant, and if notification of defects is not provided without delay once the damage is identified, the Customer shall no longer be able to assert warranty claims for such defects unless the defect was not identifiable during the check. If a defect subsequently comes to light, notification of the defect must be given without delay after it is identified. Otherwise, the services of the Publisher shall be deemed authorised, including in respect of such a defect. In the case of repeat advertisements, all warranty claims are excluded should the Client not draw attention to an error before the following advertisement goes to press. The Publisher assumes no liability for the correctness of reproduction in the case of orders and amendments given by telephone.
15. Publisher may reschedule a publishing date on a current occasion without recourse for the Client against the Publisher.
16. Should no special agreements as regards size have been made, the advertisement will be set in the Publisher’s customary form and the price invoiced on the basis of the actual length of the printed advertisement.
17. In the absence of any special agreements, invoices are payable without deduction within twenty days of the date of the invoice. Compliance with these payment terms will be determined by the Publisher’s receipt of the payment.
18. Interest as well as any kind of collection costs will be charged on arrears. The Publisher may delay carrying out the current order until payment is received and demand payment-in-advance for the remaining advertisements.
19. Should justified doubts exist regarding the Client’s ability to pay, the Publisher may during the term of an advertising contract make the appearance of further advertisements dependent on the prepayment of the amount due and the settlement of open invoice amounts and also revoke payment terms granted.
20. Agencies ordering advertisements in their own name and for their own account but on behalf of third parties or other companies will assign their claims of whatever type due from contractual party to the Publisher as security to the extent of all the Publisher’s claims against the agency. These assignments shall not be notified as long as the agency properly fulfils its payment obligations. The agency is required at the Publisher’s request to supply the name and address of its contractual partners and notify them of the assignment.
21. The Publisher will provide a specimen of the advertisement together with the invoice on request.
22 . The Publisher is authorised to order the necessary print documents for the advertisements on the Client’s behalf and at his expense. Additional costs resulting from changes desired by the Client or from justifiable changes to the originally agreed version will be paid by the Client.
23. In the event that third-parties bring an action against the Publisher regarding possible legal infringements as a result of the content, data, motives or printed matter etc. made available by the Client or otherwise action on the part of the Client in conjunction with the contractual relationship, the Client undertakes to render us exempt from any liability and to compensate all costs (including the cost of legal defence) that the Publisher incurs regarding possible legal defence. He will pay the costs of any counterstatements caused by his advertisement in accordance with the particular applicable advertising tariffs. This does not apply if the user is not responsible for the legal infringement. This does not affect further-reaching claims for damages.
24. Unless otherwise agreed, Client and Publisher will handle the information of an advertising order, especially prices and conditions, most confidentially.
25. In the absence of any agreement to the contrary, changes to the price list for advertisements will also apply with immediate effect to current orders running for longer than four months.
26. The publisher is not liable for the saving of advertising material or data supplied by the client.
27. German law applies by way of exclusion of the UN Convention on Contracts for the International Sale of Goods.
28. If the contracting party is a merchant, a legal entity under public law or a special federal fund, Cologne shall be deemed the sole place of jurisdiction for all claims resulting from or as a result of this contract. This also applies to summary action based on a cheque or bill of exchange. The same applies to persons who do not have a general place of jurisdiction in the EU or to persons who, after entering into the contract, have shifted their place of residence or habitual place of abode outside Germany, or whose place of residence or habitual place of abode is not know at the time at which the action is brought.
29. In the event that a provision of this agreement is wholly or partially invalid, or subsequently loses its legal validity, this shall not affect the validity of the other provisions. The statutory provisions shall apply in the place of the invalid regulation.