General Terms and Conditions
Publishing date: 1.6.2015
I. General Information
- These General Terms and Conditions, in the following short form “GTCs” apply to all services of the Publisher, including the placement of classified advertisements on the website derStandard.at in the sections Karriere (recruitment), Immobilien (real estate) and Automobile (cars).
- In the absence of a preclusive written agreement, the Publisher concludes contracts with the Clients exclusively to the following terms and conditions.
- An integral part of the GTCs are the valid price lists, for the classified sections and advertising areas which can be accessed here http://derStandard.at/Sales as well as the valid technical regulations and specifications, available here http://derstandard.at/datadelivery
Definitions for the purposes of these GTCs:
a. Publisher: the STANDARD Medien AG and its holdings and these affiliates (individually or combined), in particular the Standard Verlagsgesellschaft GmbH and the velcom GmbH.
b. Third-Party: any natural person or legal entity different from the Publisher.
c. Services: all contractual activities of the publishing house for print and online in connection with the booking of advertising and ads, classified ads the production of and enclosing inserts, as well as the use of advertising space on behalf of third parties.
d. Client: are third-party beneficiaries ordering services from the Publisher.
II. Order Placement
- A request of the Client with respect to a service of the Publisher is followed by a written non-binding offer from the Publisher. If the Client agrees to the non-binding written offer, he receives a written contract confirmation about the service. The service contract is concluded as soon as the order confirmation is signed by the Client, personally or authorized by the firm, and is received by the Publisher. The delivery of advertising material by the Client to the Publisher shall be equivalent to the written order confirmation. Oral agreements, not confirmed in writing, do not bind the Publisher in any way.
- The Publisher reserves the right to refuse orders for services without giving reasons. The rejection of a request shall be communicated to the customer within a reasonable period of time.
- The Publisher has the right, but not the obligation, to review the contents of the applied services on their legality. The Publisher is entitled to discontinue advertising or promotional material which, he believes to have illegal content or contain links that redirect to illegal content, immediately and without notice at any time. Any claims against the Publisher will be accrued by the Client in this case.
III. Representation of the Client
- The Client, upon signing the written order confirmation, is solely responsible for the content services to be provided by the Publisher and confirms to possess all required rights, against any statutory provisions, in particular that the material does not violate the law against unfair competition, the law on copyright, the law banning pornography, and not to violate and infringe the rights of third parties. The Client holds the Publisher harmless and shall fully indemnify the Publisher immediately on demand against any claims arising from the contract settlement. This also applies to the cost of court-ordered counter-statements, preliminary announcements and judgment publications.
- In the case of legal proceedings resulting from a claim for an agreed and applied service, the Client agrees to pay for the statutory costs of the legal counsel of the Publisher and agrees to advocate in place of or on the side of the Publisher during litigation in a court of law. In the event the Client is in breach of this obligation, the Publisher is entitled to accept (submit to) the Claim and comply with the decision, the Client hence can raise no further objections in the case of claims or bring counter claims against the Publisher.
- Should the Client not comply to the legal obligations for labelling his company in the advertisement in the event of a commercial services offer, the Publisher reserves the right to report the name and address of the Client to the protection association against unfair competition as well as similar institutions on their request.
- The Client has in any case permission, free of all rights (eg Trademark, image, Brand and Copyrights) with respect to the order, and hereby grants permission to the Publisher to use it. The Client grants the Publisher the transferable license for the publication of the order. The Client grants the Publisher a non-exclusive, with no restrictions on space or time, a usufructuary right on the content of the order. This usufructuary right includes especially the right of publication, editing, copying and electronic representation and processing, ie including the machine-readable collection and electronic storage and dissemination of data sources in a separate or an online database of a third company and the renting (Publishing Law) of the information submitted. The Publisher may convert the content provided by the Client in any format desired. Furthermore, the Client grants the Publisher in the same space and time framework the exclusive right of incorporeal public or individual transmission and reproduction of the contents published in the same spatial and temporal frame, i.e. including the availability and public offering of documents stored in an own online database or a Client’s online data base or parts thereof for online requests and display directly on the screen by authorized third party and the electronic transmission of documents or parts thereof of such a database, also via Internet, in the online database of authorized use and indeed for any number of delivery operations, online views and screen reproductions. The Client grants the Publisher the rights for those distribution options shown, which will be available due to the technical development only in the future.
IV. Order Processing and Discounts
a. Validity for Print and Online Segments
- Confirmed orders for advertisement from the Publisher shall be fulfilled from the order processing date and within one calendar year, unless otherwise specified in the order confirmation.
- Conditions for annual agreements only apply if the anticipated order volume can be achieved. In the case of non-compliance of the annual target (order volume) all activity of the relevant year are calculated again with the then applicable discount rate and resulting differences are charged to the Client immediately. Annual agreements are considered to have been accepted if the customer executes the first part calls for the agreed terms and conditions after sending the annual agreement.
- The Client is responsible for the timely delivery to the Publisher (place of delivery arises from the Technical Reference. Policies) of all necessary documents, data and insert supplements, especially the campaign ads, according to the technical guidelines (http://derstandard.at/datadelivery). If the provision is not timely or not according to the technical specifications, the start of the campaign or publication on the agreed date of publication shall not be deemed as agreed. Any possible loss to the Client due to a shortened duration of the campaign is in no case to be paid on the part of the Publisher.
- Transmission errors, borne from handwritten or telephone conveyance of advertising and/or ad copy or text changes, because of reading, hearing or sentence errors of the Client are not recognized by the Publisher in any case.
- In the case of cross-media services the cancellation policies of the online area apply.
- The minimum booking order quantity excluding VAT for advertising or display advertising is stated in the Price List. The prices for the agreed upon advertising activity, are determined by the valid Price list for which the appropriate format is applied to the order confirmation. Any change in the price list is reserved.
b. Application in the Online Segment
- The Client gives the Publisher the right, but not the obligation, to review the Client’s advertising material for technical execution as well as any viruses or malicious codes. The Publisher may decompile the delivered advertising material for this purpose.If a TAG is delivered instead of a physical advertising unit, the Client is required to give the Publisher access to his/her reporting, so the Publisher can track the clicks from the Advertising activity. For invoicing settlement of the advertising activity the Publisher report is the sole and authoritative report and recognized by the client as valid.The delivery deadline for the ads for online campaigns is no later than 5 working days before campaign start, where a Saturday is not a working day, to be sent to buchungen@derStandard.at. After the beginning of the campaign, the Client upon request receives a user password for accessing the online reports, for the current evaluations of the ad impressions, ad clicks and click-through rate.The Client agrees to send all data correctly and completely to the Publisher which are necessary to identify in the sense of § 6 para 1 ECG.
- Within each campaign a maximum of one exchange of an advertising is possible. For all other changes handling costs are incurred. The level of the handling fee is determined from the valid price list.
- The cancellation of an order without fee is not possible after completion of the contract. In the case of a cancellation after contract completion, the entire fee is due. This also applies to already activated campaigns.
- With issuing the order, the Client gives the Publisher the right to present the online advertising in a specially created Gallery.
- The Client understands that an error-free transmission of data is a prerequisite for the timely appearance of an advertisement. The Publisher shall not be liable for data provided by the Client. Rather, the Client must meet strict control and supervision obligations. When display material is delayed or not sent via the agreed method of transmission the Publisher is not bound by the contract at the time of publication and the customer cannot derive any claims, but remains liable for payment.
- The Publisher is not obliged to accept orders or book ads, he expressly reserves and has the right to reject individual or certain jobs because of their content, their origin or their technical form without giving any reasons and/or to turn off. This applies also in particular to “joke ads”, harassment, insults, harming minors, disorderly, indecent, pornographic or violent content as well as content that violates laws, official regulations, morality and content that engage in third party rights in particular copyrights or intellectual property rights, or where publication is unreasonable for the Publisher in any other way. Unreasonableness exists especially with morally dubious or grossly irrelevant content. In cases where orders include criminally relevant content, the Publisher reserves the right to file a complaint with State authorities.
- The Publisher follows the recommendation of the VOEZ and applies for each advertising format on derStandard.at a visibility guarantee 60/1-30. One ad impression will be accounted for, when it is warranted, that the advertising was with at least 60 % on its space visible for a minimum of 1 second. The advertising can be alternated after 30 seconds.
- Customers who want to advertise on the pages of derStandard.at via tag-in-tag delivery or plan to use the delivery of their advertising technique for the purpose of collecting User Data, are obliged to complete the enclosed Advertising Media Policy.
c. Application in the Print Segment
- The inclusion of advertisements and/or advertising materials in specific issues and in specific placements cannot be guaranteed unless such a booking has been expressly agreed in writing.
- The Publisher guarantees reproductions in print of the advertising in accordance with the technical guidelines only when the Client’s print materials are in accordance with the technical guidelines provided. The Client is entitled to a claim when printing of the advertisement, in the majority of the copies of the edition, are wholly or partially illegible, incorrect or incomplete, unless the purpose of the advertisement was affected only slightly by the defects. The amount of the claims is limited to the net value of the respective unit. Process-related colour deviations compared to the original reserves the Publisher and do not lead to compensation.
- If the delivered materials are not in accordance with established technical guidelines, the Publisher (or employees of the Publisher) shall be entitled, but not obliged to make necessary adjustments and charge to the Client at cost.
- Proofs will be supplied only by written agreement and at the expressed request. The Client bears the responsibility for the correctness of the issued proofs. If the Client fails to send back the proofs submitted to him in a timely manner, the permission to print shall be deemed granted.
- The obligation to store the printing materials ends three months after the display or advertising booking unless another agreement has been reached.
- Costs incurred by the Publisher due to a change in the originally agreed contract, as well as of printing material provided, are to be reimbursed by the Client.
- Text ads and those that are not immediately recognizable as a display because of their design are also marked by the Publisher in an appropriate font size as Advertising.
- Checking copies are sent out only at the express request of the customer, and by prior arrangement.
- Chiffre reply letters sent by registered mail (for signature) will not be accepted; there is no liability for lost reply letters. Chiffre replies are kept four weeks then destroyed if not picked up. Chiffre letters that exceed amounts stated by the Publisher or arrive in bulk amounts will only be forwarded to the Client with reimbursement for the costs.
- Reservations on preferential placement remain valid until 4 weeks before date of publication. From this time on, only fixed bookings are possible. In case of cancellation after deadline, the agreed contract value will be charged.
- The circulation figures shown represent average values, since the actual number of copies is not set until immediately before printing. In the case of circulation fluctuations, but also in cases of over-or under-delivery by the Client, the Publisher reserves the right to distribute remaining promotional material in the adjacent sections of the reserved and/or leave out sub sections if necessary. In the case of complete bookings (Gesamtbelegungen) excess supplements or inserts will be processed again on the next possible release date in the target section. The actual number of items processed will be charged.
- Quintuplicate (5) reference samples, are to be sent no later than eight working days prior to the insert date to the Standard Verlagsgesellschaft m.b.H., z.H. logistics, Vordere Zollamtsstrasse 13, A-1030 Vienna.
- Inserts, including the package information sheet have to enter at least 4 working days prior to the contractual insert date to the printer specified in the order.
- Inserts with third-party advertisements are possible for an additional fee only after prior consultation and written agreement. A supplemental 10% fee will be charged per insertion at the same time all possible discounts do not apply.
d. Application in the field Online Classified Ads (Recruitment, Real Estate and Automotive ads)
- The Publisher reserves the right to delete advertisements from its databases , also for online bookings– and in fact, may do so at any time and without any prior understanding of the Client and without giving any reason.
- The Publisher is not infringing his obligations when following the point above. Rather, there is a violation of the Client against the contractual provisions concerning the content of advertisements. The Client therefore cannot derive any claims against the Publisher by erasing or deleting an advertisement. A refund of any fees already paid by the Client is not possible in these cases. In serious cases or repeated breach of these General Terms and Conditions, the Publisher reserves the right to delete and block the Client.
- The Publisher assumes no responsibility for the success of the advertising provided through its advertising services. No claims sought by the Client against the Publisher may arise from the non-achievement of a desired goal.
- The service performance takes place both on the website of the Publisher as well as on the websites of the Cooperation Partners. The Client declares that he desires his ads to be presented exclusively through the Publisher and its Cooperation Partners. The Publisher cannot guarantee however, that the published display ads would also not be copied, linked or disguised with the help of frames, as its own offering through other Internet service providers. Should there be such an unauthorized linking or framing, the Client cannot then derive any claims against the Publisher.
- To use intended services of the Publisher the Client must register. The Client is solely responsible for maintaining the confidentiality of his usernames and passwords. In particular, the Client must ensure that no third party’s username and/or password is unauthorized for use or stolen. Each Client is responsible under his given username and/or password – be it with or without his knowledge – for discontinued advertisements and disseminated content.
The Client must report any unauthorized or improper use of usernames and/or password to the Publisher immediately after learning of such a case. The Publisher accepts no liability for unauthorized or fraudulent use of usernames and/or password of the Client. The Publisher is entitled to keep records of the IP address and use that in the event of a claim by a third party of a breach of the law attributable to the Client to determine the identity of the user or of its illegality.
- Consent for Online – Real Estate advertisements: The initiation, the conclusion and execution of contracts with the Publisher accessing the data of the Broker through a third party is solely the responsibility of the Broker. In this regard, the broker is committed to full compliance with all applicable legislation in the context of the presentation of its website in a suitable form to indicate this sole responsibility of the broker under exclusion of any liability of the Publisher and by individual users a confirmation of acknowledgement of this notice as well as to demand a waiver of any claim of the Publisher in this context.
e. new products
The Publisher reserves the right to transfer selected content and services of the Clients in new publications, for example “DER STANDARD KOMPAKT”. Details of new products are to be agreed separately. It is this understood that new products will be included in the corresponding counts.
V. Liability / Warranty of the Publisher
- Any liability is excluded if the poor representation of the display and/or promotional advertising is based on the faultiness of the template provided by the Client. And/or the flaud advertising has been approved by the Client in error.
- Claims for damages of the Client are limited to intent and gross negligence. Any liability is limited to the fee to be paid for the relevant advertising. The reimbursement of the interest of fulfilment or from breach of faith is excluded in any case.
- In the event it is impossible to deliver services and force majeure (E.g. natural disasters, terrorist attacks, political upheavals, strikes) or of total or partial loss of the issue due to technical defects outside of the Publisher’s control, any warranty and liability are excluded.
These include, in particular, the breakdown of communication networks outside the scope of the Publisher, which are caused by computer failures at internet or telephone operators or online services, by incomplete or non-updated content on proxy servers, or by a failure of the ad server.
- In case of failure to publish the newspaper due to operating errors or interference due to force majeure, the Publisher offers the Client the make-good of the advertisement at a later date. Any liability for any damage incurred by the Client through the make-good of the advertisement on a particular day is excluded.
- The contractual partner is obliged in any case to issue a complaint in writing within three days. A Breach of this notification obligation eliminates the right to assert applicable laws. For example, any warranty claims.
VI. Calculation and Payment
- Invoicing is applied according to the valid price list for the respective product. The price list is subject to change at any time. When there is any change to the advertising prices, the new prices apply to any agreements within the framework of the order confirmation, and even current accounts go into force immediately. For continuous advertisements the prices will be adjusted with changing of the price list.
- Prices are exclusive VAT, advertising tax and any incidental costs.
- If the Client does not pay in advance, the payment is due immediately upon receipt of the invoice.
- In the case of late of payment, the customer undertakes to pay the statutory default interest per month and in particular all of the incurred collection and extra-judicial intervention of a lawyer.
- If the Client is in arrears with payments, remaining advertising cannot be implemented and any additional orders can be rejected. Also if there are doubts as to the solvency or willingness of the Client to pay, the Publisher, can make the first-time or subsequent orders as well as booking of advertisements dependent on the advance payment of the invoice amount or the balance of any outstanding invoice amounts. The Publisher is entitled in any case, to wait with the delivery of its own services until payment has be credited.
- In case of delay with just one invoice, all other invoices become due, and previously granted discounts will cease to apply.
- Complaints must be made in writing to the Publisher within 7 days after receipt of the invoice from the Publisher otherwise the booking is deemed accepted.
- All bank fees are invariably at the expense of the Client.The Client agrees to the electronic transmission of invoices (email).
VII. Other / Final Provisions
- The Client expressly consents to the communication by the Publisher of the gross media value of the order, according to the price list, to Media FOCUS Research GmbH.
- Unto the contractual relationship between the Client and the Publisher is exclusively governed by Austrian law to the exclusion of the UN commercial law and the international reference norms.
- The place of fulfilment shall be Vienna.
- For all disputes arising from or in connection with the legal relationship between the Client and Publisher, the court in Vienna having jurisdiction will be responsible.
- Should individual provisions of these GTCs in whole or in part, be or become invalid, this shall not affect the validity of the remaining provisions and contracts will be concluded on the basis of these terms. Ineffective or unenforceable provisions shall be replaced by new provisions that cover the purpose of the ineffective or unenforceable provisions in a legally permissible manner.