For e-mail advertising of pro connect, a product of Flotte Medien GmbH
1.1 Our offers are non-binding. Contract between pro connect, a product of Flotte Medien GmbH, hereinafter called the Executor or Publisher, and the Endorser resp. Contractor entered into only by written consent.
1.2 The contract relates solely to those conditions that are recognized by the Contractor by order or acceptance of delivery, other conditions are not a subject to this contract, even if not expressly objected. Тhe Contractor announces that he Is familiar with the contents of these terms and agree with them. Conditions are not a subject to this contract if the Contractor at the earliest opportunity to get acquainted with them, objects in writing.
1.3 Additional arrangements or changes require writing and the written confirmation of the Publisher.
1.4 Publisher focuses the client’s attention for any changes in the general conditions. They are considered approved if the client does not object in writing at the earliest opportunity to consider these changes.
2.1 Rates are subject to current price list for advertising. If this price list changes, the new changes take effect immediately, even If there Is a a signed contract for advertising, If otherwise Is not agreed.
2.2 All prices are in Euros without VAT which is to be charged extra.
3.1 Order under the following general conditions is the contract for publication of one or more advertisements from an advertiser or other interested in print for distribution.
3.2 When doubts, orders are executed from the publisher for the next available time after the signing of the contract. No later than one year after its signing.
3.3 Contract for specific publications or in specific locations is performed only if the contractor agrees in writing.
3.4 If the order is only partially or not at all executed for reasons not mentioned in the contract, the request for compensation as per contract is reduced by 25%. Proof as to whether to make a higher or lower deduction shall be decided by the parties in the contract. The publisher’s right for compensation remains intact.
4. Reducing circulation
Reducing the circulation may cause the request to reduce the price if the price list or otherwise the so called usual circulation drops down with more than 20 percent. Furthermore, upon completion, requests for price reduction are excluded if the publisher has notified promptly the Contractor about reduce In the circulation, Contractor could terminate the contract before advertisement is published.
5. Cancellations of orders
The publisher reserves the right to refuse orders if their content violates laws or institutional rules or If their publication the Publisher considers as inappropriate. If any order Is canceled The Contractor shall be notified immediately.
For In time delivery of advertising texts, advertising templates and eventually agreed contents and correct data responsibility rests with the Contractor. For clearly inadequate or damaged data, the publisher may require their immediate change. The Publisher ensures proper quality of publications distributed within its given opportunities.
7. Test copies
Upon delivery of test copies the responsible for the correctness of the sent copies remains for the Contractor. If the Contrctor does not return In the agreed term, the promptly sent to him copies, this Is considered as consent for publication.
8. Guarantee, Liability
8.1 Errors caused exclusively by telephone transmission shall not be liable.
8.2. The Contractor may file warranty claims for obvious defects, if within 3 weeks after publication of the edition, files a written complaint.
8.3.Flaws that affect one part of the order, do not lead to transformation (termination of contract), but reduction (reduction of payment), unless due to this missing part, the entire order has lost the client’s interest.
8.4 Requests for compensations from positive breach of obligation or unauthorized acts are not accepted. Requests for compensations from the publisher are limited to replacement of the foreseeable damage and to payment for the publication ordered. This Is not applicable If there Is any Intention or gross negligence of the publisher or its legal representative or any of his employees. The responsibility of the publisher for lack of guaranteed quality remains unaffected by this.
8.5. For the commercial transactions publisher is not liable, for gross negligence of his employees, in other cases the traders responsibility for gross negligence, depending on the amount of foreseeable damage is limited to the agreed amount for the contract amount.
9. Force Majeure
In cases of force majeure, all obligations to fulfill orders and pay compensations become null and void
10.1 Invoices shall be paid without deductions within 14 days of publication of each published edition, In which the actual advertisement was published. The Publisher Issues invoice with the specified payment period.
10.2. Important for meeting the deadline for payment is the entry of payment in cash or to the account of the Executor. Checks or replacement shall be considered as payment. The Expenses for payment in cash or transfer shall be borne by Contractor.
10.3 If the period for payment is not met, the client enters obligation without further reminder.
10.4 In case of delay or deferral of payment, the publisher may require Interest rate of 6% above the valid base rate, and charge the costs of collection. The right to assert claims for further damages remains unaffected by this clause.
11. Articles and Copyright
11.1 The contracting authority is responsible for ads delivered by him, and text according to law for competition as well as criminal liability. Additionally he bares responsibility for verification of sources and distribution of all copied data.
11.2 Copyright on all text, graphics, photographs and other performances by the publisher are owned by a publishing house, even when these performances were considered separately.
11.3 The right to use copyrighted articles from the staff of Pro connect Verlag GmbH Is valid within their professional work and time and space permitted.
According to § 33 of the Law on Personal Data Protection, attention is to the fact that in the matter of trade relations necessary customer data and delivery data are stored using electronic data processing.
13. Performance location and jurisdiction
13.1 The performance location is the headquarters of the Publisher.
13.2. If any disputes arise from the contractual relationship, the Contractor is a merchant, legal entity of public law or public legal fund, the one responsible for appeals is the court, where the headquarters or branches of the Executor are located. The Executor has the right to appeal to the court, located where the headquarters of the Contractor are. Since the claims of the publisher are not relevant to procedure for non-payment, the jurisdiction for non-commercial entities Is determined according to their residence. If the residence or habitual residence of the Contractor at the time the complaint is unknown or if the Contractor after the signing of the contract has moved its residence or habitual residence outside the operation of German law, shall be valid jurisdiction where the seat of the Executor is.
14. Sunset Clause
If individual Items in these conditions be declared invalid, the validity of other Items remain untouched. For the invalid Item, applies this valid, which corresponds to the general meaning and purpose, what would reasonably be agreed if this situation occurs.