General Terms and Conditions for the Publication of Online Ads
Note: This is a complementary, legally non-binding translation of our General Terms and Conditions. In case of doubt or discrepancies, only the German version of our General Terms and Conditions is valid and shall always prevail.
1. Scope of Application
The following General Terms and Conditions (hereinafter referred to as "GTC") apply to all online advertising orders on the news portal FAZ.NET as well as on the digital job market and onother digital platforms as well as to the mobile applications commissioned by private and commercial customers at Frankfurter Allgemeine Zeitung GmbH (hereinafter "F.A.Z.").
(1) The F.A.Z. markets the news portal FAZ.NET, the digital job market, the mobile applications as well as third party operated internet sites. Apart from job advertisements, online banners, videos, company portraits, text and logo links, microsites, financial advertisements, etc. (hereafter generally "advertisements") can also be ordered. Details on the advertisement types and their running times are given in the valid price list as well as in the technical specifications, which are available on https://www.iqm.de/fileadmin/user_upload/Medien/Online/Werbeformate/Technische_Spezifikationen_d.pdf.
(2) The F.A.Z. guarantees an availability of the digital offer corresponding to the technical standards, in particular taking into account necessary and appropriate maintenance and maintenance interruptions.
(3) Through reach-cooperations of F.A.Z. the ads can also be published on partner pages. However the F.A.Z. neither guarantees the existence of such cooperations nor the availability of the partner site.
(4) Ads, not recognizable as such from their design, will be clearly identified as such with the word "advertisement" by the F.A.Z.
3. Conclusion of Contract
(1) Advertisement Orders by the customer can be made via e-mail, telephone, letter, fax or directly via the portal.
(2) The advertisement order of the customer only qualifies as an offer for the conclusion of the contract. The entry of the advertisement order will be confirmed by F.A.Z. The Offer will be accepted by a specific order confirmation of the F.A.Z. or by execution of the order.
(3) If an agency gives the publisher an advertising order, the contract is concluded with the agency. Otherwise the contract is concluded with the advertiser directly.
(4) The advertising order as well as any services, offers and contracts between the publisher and the advertising customer are subject to the provisions of the respective contract and these GTC exclusively. Terms and conditions of the advertising customer, which conflict with these GTC or deviate from them, shall be invalid. The aforesaid shall also apply if such other terms and conditions have been brought to the attention of the publisher. Counter-confirmations of the advertising customer with reference to its terms and conditions are hereby rejected.
4. Rights and Obligations of the Customer
(1)The advertising customer shall ensure that the advertising materials and other necessary information will be delivered in time, completely, without any failures and according to the contractual terms and that the print documents are in faultless condition. Furthermore, the advertising customer is responsible for ensuring that they are suitable for the agreed purpose, especially for the particular representation in the respective scope and the booked advertising form.In order to ensure the publication of an advertisement at the agreed time, the customer must provide the advertisement to the F.A.Z. in flawless electronic quality at least according to the due date of the corresponding advertising-format in the technical specifications (http://www.iqm.de/fileadmin/user_upload/Medien/Online/Werbeformate/Technical_Specifications_e.pdf) in advance of the planned publication. The F.A.Z. cannot be held responsible for delays of the advertisement´s publication, which lead back to faults of the provided content of the advertisement or the documents.
(2) The advertising customer insures with his advertising order that he has all the necessary rights to place such advertising order. He bears the sole responsibility for the content and legal admissibility of the text and images that are made available for the advertising placement, especially images, logos, fonts and any other elements used in the provided advertising templates. The advertising customer further guarantees that the advertising materials do not infringe the rights of third parties ( especially copyrights, personal rights or other commercial property rights) and/ or do not violate any other legal regulations (especially press law, competition law, data protection law and consumer protection law) and that they are not subversive, racist or pornographic in nature or liable to corrupt youth and that they do not glorify violence.
(3) The advertising customer shall indemnify the F.A.Z. on first demand from and against all claims of third parties in respect of the advertising contract which may arise from a violation of legal provisions, especially provisions of press or competition law. This applies in particular in regard to the warranties issued under paragraph 4 (2) of this agreement. When publishing counterstatements, the costs to be replaced are determined on the basis of the price for advertising material that is appropriate to the counterstatement's purpose. Furthermore, the F.A.Z. shall be indemnified from any costs of necessary legal defense including all court and lawyer's fees according to the statutory rate. In case of claims of third parties, the advertising customer is obliged to notify the F.A.Z. immediately, truthfully, and completely in good faith of all such information available to him and to present documents that may be necessary for an examination of the claims.
5. Rights and Obligations of F.A.Z.
(1) The F.A.Z. will publish the advertisement on the agreed position for the agreed term. The F.A.Z. is entitled, but not obliged, to use the respective advertisements of the customer in any other way, in particular in all existing and future products of F.A.Z. as well as on partner sites.
(2) If the parties agree to publish an advertisement on a partner page for a fee, and the publication cannot be published on the partner page because the agreement between the partner and F.A.Z. has been terminated by the partner, the F.A.Z. can cancel this part of its obligation. The F.A.Z. will immediately notify the customer of the non-availability of the ad placement and refund any remuneration paid for the loss of this service.
(3) The F.A.Z. is entitled to remove such customer advertisements and contents at any time that directly or indirectly through hyperlinks violate laws or official regulations, contain content that is morally indecent, promoting violence, racist, defamatory or slanderous and / or criminal-relevant contents or that are unacceptable for F.A.Z. for other reasons. The customer's obligation for reimbursement shall in these cases remain in place.
(4) The F.A.Z. is not obligated to provide customer with test samples of the commissioned advertisement. If the customer issues the advertisement order by telephone, e-mail, fax or letter, he will receive a test sample upon request together with the order confirmation. The customer can request for changes within the deadline communicated to him during the transmission of the test sample. Otherwise, the test sample is considered to be approved.
(5) The F.A.Z. is not obliged to the customer to review his advertisements concerning language, content or legality. The F.A.Z. is not obligated to the customer to keep records, data, advertisements or other information, which were given to F.A.Z. in the context of an advertisement order.
In particular online subsections, an advertising order can also be made directly via the portal. If the customer is already fully registered at MeinFAZ.NET, he can use these registration data. Otherwise, he will receive a login name and a password when registering for the respective online subsection. These access data are individualized and must be protected against unauthorized access by third parties. In case of suspicion of misuse by a third party, the customer will notify the F.A.Z. without delay. As soon as the F.A.Z. is informed about the unauthorized use, the F.A.Z. is entitled to block the access. Furthermore, the F.A.Z. shall be entitled to block the access if there is a reasonable suspicion that the customer is in breach of theGTC.
7. Special Arrangements
(1) If explicitly agreed between the parties, the customer can deliver to F.A.Z. the advertisements by automatic server synchronization or HR-XML. The parties shall in such a case provide the necessary technical information.
(2) In case both parties have agreed upon a framework quota agreement, F.A.Z.´s obligation to publish lapses at the end of the term if the quota was not requested or made use of by the customer.
8. Terms of Payment
(1) The customer owes the remuneration that is due at the time the order is placed, as well as the applicable value-added tax.
(2) Invoices are in Euro. The invoices are payable within 14 days after the invoice date without deduction, in case of an advance payment without direct debiting a skonto of 2 % will be awarded. In case of default of payment the F.A.Z. has the right to accept new orders for the publication of advertisements only with advance payment.
(3) The F.A.Z. reserves the right to perform the services in particular cases only with advance payment.
(4) In the event of a default of payment, the F.A.Z. is entitled to add a bank-usual interest on arrears . If a customer is in default, the F.A.Z. is also entitled to temporarily suspend its obligations until complete payment. This does not extend the publication time.
(5) Offsetting is permitted only with undisputed or legally binding counterclaims. A right of retention of the customer due to counterclaims from other contractual conditions is excluded.
9. Cancellation of orders
(1) In principle, a cancellation of orders according to the following regulations is possible. The F.A.Z. must receive the cancellation in writing or per email. Content formats (in particular publishing house specials, advertorials and digital storytellings) can be cancelled free of charge up to 20 working days before the scheduled start of the shift, afterwards the customer has to pay 100 % of the cancelled order. Homepage- and fixed placements can be cancelled free of charge up to 10 working days before the start of the shift , afterwards the customer has to pay 100 % of the cancelled order. In case of all other formats, a cancellation is possible free of charge up to 5 working days, afterwards the customer has to pay 50 % of the cancelled order.
(1) The F.A.Z. ensures that the displays are reproduced according to the usual technical standard. In case of warranty the customer is entitled to demand supplementary performance. Insofar as the availability agreed in section 2 para. 2 is restricted and F.A.Z. is responsible for the restriction of the availability, the publication time of the advertisement shall be extended accordingly. Insofar as the supplementary performance fails more than two times, the customer is entitled to reduce or withdraw the contract.
(2) The customer is obliged to check the published advertisement immediately after the start of the publication and to file any defects. Otherwise, the ad is considered approved.
(3) The F.A.Z. does not examine the content of applications and does not ensure the correctness of the information provided by applicants.
(4) Insignificant deviations in the color and typeface, in particular due to varying technical representation or data processing, do not entitle the customer to guarantee.
(1) The F.A.Z. shall be liable - on whatever legal grounds – only for intent and gross negligence of a legal representative, an executive employee or any other vicarious agent. In the event of any culpable breach of an essential contractual obligation (whereby the concept of the essential contractual obligation refers to such a duty, the fulfilment of which enables the proper execution of the contract in the first place and on whose observance the other party may regularly rely), in case of delay and impossibility and intent and gross negligence of a simple vicarious agent, whereby the liability for property and material damage shall be limited to the amount of the typically foreseeable damage. The liability of F.A.Z. for damages caused by gross negligence or intent, as well as liability for injury to life, body and health, shall remain unaffected by the following limitation of liability.
(2) When the publication of the advertising material fails to comply with the quality standard contractually owed, the advertising customer is entitled to a reduction in payment or a perfect substitute advertising medium or an initial placement of the advertising material, but only to the extent that the purpose of the original advertising material has been compromised. The F.A.Z. has the right to refuse a substitute advertising medium or first placement if these, taking into account the content of the contract and the principles of good faith, are in major disproportion to the advertising customer's interest in the performance or these would only be possible with disproportionate costs for the F.A.Z. If the F.A.Z. is set a reasonable period for the replacement advertising material or the replacement placement and allows it to expire or when the replacement advertising material/ the replacement placement is again not free from defects, the advertising customer has the right to a reduction in payment or cancellation of the advertising order. In the event of insignificant defects of the replacement advertising material or the replacement placement, the cancellation of the advertising order is excluded.
(1) On the website of the portal and the mobile applications there are hyperlinks to other websites. The F.A.Z. cannot continually check the content of these websites or influence their content. The F.A.Z. does not assume the content of the websites of third parties as its own and therefore does not assume any liability or guarantee for these websites.
(2) The setting of hyperlinks by the customer in the advertisements on third party websites requires the approval of the F.A.Z.
The customer is obliged to comply with data protection obligations.
14. Final Provisions
(1) Should one of the provisions of these GTCbe invalid, this shall have no effect on the validity of the remaining provisions. The same applies if these GTC contain a loophole. In such cases, the parties shall endeavor to replace any ineffective provisions with those which largely achieve the intended economic purpose.
(2) In business dealings with business people, juristic persons under public law or special funds under public law, the place of jurisdiction shall be the registered office of the F.A.Z.. If the residence or habitual residence of the advertising customer, also in the case of non-business customers, is unknown at the time the action is brought and if the advertising customer moves his domicile or usual place of residence from the area covered by the law, the registered office of the F.A.Z is hereby agreed as the place of jurisdiction when the contract was concluded in writing.
(3) The publisher's registered office is the place of fulfilment.
(4) German law shall apply with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Please note that we have decided not to participate in dispute settlement proceedings before consumer conciliation boards.