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Terms and Conditions (banner ads)

03 July 2019

Terms and conditions (banner ads)

General Terms and Conditions for placing whitepapers and banners on the website www.brauwelt.com/en

§1 General, validity of the General Terms and Conditions
1.1.    The following General Terms and Conditions ("GTC") conclusively regulate the publication of whitepapers and advertising banners on the website www.brauwelt.com/en between you (hereafter referred to as "Client") and the specialist publisher Fachverlag Hans Carl GmbH, Andernacher Str. 33a, 90411 Nuremberg, Germany ("Fachverlag Hans Carl"). All services are performed exclusively on the basis of these GTC in the respective current version. Unless expressly agreed, any deviating terms and conditions do not apply.
1.2.    Clients within the meaning of these terms and conditions can only be entrepreneurs (Section 14 BGB - German Civil Code), legal persons under public law and special funds under public law. Entrepreneurs within the meaning of the terms and conditions are natural or legal persons or partnerships having legal capacity, which in concluding the contract with the seller exercise their commercial or independent professional activity.
1.3.    According to Section 312 i para. 2 sentence 2 BGB, it is agreed that the Client waives the fulfilment of informational duties in electronic commerce according to Section 312 i para. 1 No. 1 - 3 BGB.

§2 Scope of services
2.1.    Fachverlag Hans Carl shall make available to the Client the placing of whitepapers and advertising banners on the website www.brauwelt.com/en. The specific service content is determined by the respective offer and the order confirmation.
2.2.   The respective service content results from the respective article description on the website. If technical specifications are to be observed, these can be found in the respective "Technical Requirements".
2.3.   Fachverlag Hans Carl is entitled, for technical or other reasons, to change the scope and design of the content on www.brauwelt.com/en and to postpone the publication date.
2.4.    Fachverlag Hans Carl does not guarantee the inclusion of content for whitepapers in particular spots on the website and reserves the right to make changes to the previous placement.
2.5.    An exclusion of the Client's competitors is not possible.
2.6.    Fachverlag Hans Carl is entitled to designate with "ADVERTORIAL", "ADVERTISEMENT" or "ADVERT" commissioned banners clearly and separately from other content.

§3 Conclusion of contract
3.1.   Our offer is not binding but represents an invitation to the Client to submit an offer. An offer to publish whitepapers and banners can be submitted by sending a request by e-mail to anzeigen[at]hanscarl.com.
3.2.   Offers are deemed to have been accepted by Fachverlag Hans Carl if they are not rejected in writing within two weeks after receipt of the order or if an order confirmation is sent.
3.3.   No right or obligation exists for the publication of a whitepaper or an advertising banner. Fachverlag Hans Carl may accept or reject orders at its discretion and without stating reasons.

§4 Storage of the contract text
The Client shall receive by e-mail a confirmation of receipt of his offer and then an order confirmation when the offer is accepted. The order confirmation contains the contract terms with details of the booked advertising order including these General Terms and Conditions. Fachverlag Hans Carl does not store the contract text.

§5 Prices and terms of payment
5.1.    The costs for publishing ads are based on the current price list. The prices indicated in the price lists are exclusive of VAT.
5.2.    Payment shall be made per invoice. If payment is made by invoice, payment shall be due on receipt of the invoice and must be paid within 10 days by bank transfer or, if desired, by credit card payment to the account specified in the invoice. Should the Client wish to pay by credit card after invoicing, the Client will be sent a link to an external payment service provider, on whose website the payment can be made. The credit card or the specified account will be charged upon completion of the local payment process.

§6 Contract period, termination
6.1.    Whitepaper: The contract is concluded for a period of one month and ends automatically thereafter. At the end of the contract period, the whitepapers shall be moved to the archive of the website www.brauwelt.com and can still be found via the search function.
6.2.    Banner: The contract is concluded for a period of one month and ends automatically thereafter.
6.3.    Each party’s right of extraordinary termination without notice for good cause remains unaffected. A good cause is deemed to be the case, in particular, if:

-    The Client is in default with a payment despite a reminder and deadline for a period of more than 2 months;
-    The Client violates his obligations according to § 7.1.


§7 Client obligations
7.1.    The Client is responsible for ensuring that the content does not violate any laws, third-party rights, common decency or the interests of Fachverlag Hans Carl. The Client also assures that the content is not intentionally misleading. The aforementioned obligations are essential contractual obligations.
7.2.    Insofar as Fachverlag Hans Carl is claimed by third parties with reference to the infringement of their own rights through the Client's content, the Client indemnifies Fachverlag Hans Carl from all justified claims. This also includes the assumption on first demand of reasonable costs of legal defence against the claims raised.
7.3.   The Client is obliged to provide the data for the production of whitepapers and advertising banners at the latest four working days before the agreed publication date. In doing so, Fachverlag Hans Carl’s current "Technical Requirements" must be observed. If the data is made available late or does not comply with the publisher's specifications and cannot therefore be published properly and on time, the Client's payment obligation shall remain unaffected.
7.4.    The Client undertakes to ensure, by means of state-of-the-art protection programs, that the transmitted data is free of harmful code, such as viruses and Trojans.

§8 Rights of use
The Client grants Fachverlag Hans Carl all rights necessary for the use and order-related publication of the content, in particular the right of storage, duplication, publication, digitization, public accessibility as well as the right to edit, as far as is necessary for the execution of the contract. This also includes the advertising right for the purpose of self-promotion, such as in the context of a reference archive or for presentations.

§9 Deletion, interruption of content, other measures
9.1.    If concrete evidence exists that
-   content is in violation of the General Terms and Conditions or legal provisions,
-   content is being used for improper purposes,
Fachverlag Hans Carl shall be entitled to delete all or part of the published content or to interrupt, delay or not execute the publication. The Client has no right to performance or reimbursement of costs.
9.2.    Fachverlag Hans Carl reserves the right to make the content available only within the scope of technical and operational possibilities. Fachverlag Hans Carl is committed to providing its services in a manner that is as disruption-free as possible. However, temporary restrictions or interruptions may occur due to technical disruptions (such as loss of power, hardware and software errors, or technical problems with the data lines).

§10 Liability
10.1.    Fachverlag Hans Carl shall be liable for intent and gross negligence. If the claims are based on a grossly negligent breach of duty, liability shall be limited to foreseeable losses that typically occur.
10.2.    Furthermore, Fachverlag Hans Carl shall be liable for the negligent breach of duties, the fulfilment of which is essential for the proper execution of the contract, the breach of which endangers the achievement of the contractual purpose and the compliance with which the users as clients may regularly rely on.
10.3.    In the case of a grossly negligent breach of duty as well as in the event of a violation of cardinal obligations, however, Fachverlag Hans Carl shall only be liable for the foreseeable, contract-type damage.
10.4.    Fachverlag Hans Carl shall not be liable for the slightly negligent violation of obligations other than those specified in the preceding sentences.
10.5.    The above exclusions of liability shall not apply in the event of injury to life, limb or health.
10.6.    As far as Fachverlag Hans Carl's liability is excluded or limited, this shall also apply to the personal liability of its employees, representatives and vicarious agents.

§11 Customer service
If you have any questions, complaints or claims, please contact us.
You can reach us Monday - Thursday from 8 a.m. to 5 p.m. and Friday from 8 a.m. to 2 p.m. by calling +49-(0) 911/95285-0 oder by e-mailing anzeigen[at]hanscarl.com.

§12 Legal system and venue
12.1.    German law applies to the exclusion of the UN Sales Convention.
12.2.    For any and all disputes arising from the contractual relationship, if the Client is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is the registered office of our company in 90411 Nuremberg.

§13 Miscellaneous
13.1.    The contract language is German.
13.2.    If one or more provisions of these terms and conditions are invalid, the remainder of the contract shall remain valid. If provisions are invalid, the content of the contract shall be governed in accordance with statutory regulations.