01 April 2023

Terms and conditions

General Terms and Conditions of Fachverlag Hans Carl GmbH for Business Customers

A.    General regulations


§ 1    Scope
(1)    All deliveries and services of Fachverlag Hans Carl GmbH, Andernacher Str. 33a, 90411 Nuremberg (hereinafter referred to as "Supplier") to its customers shall be provided exclusively on the basis of the following General Terms and Conditions in the version applicable at the time of ordering. Unless expressly agreed in writing, any deviating terms and conditions shall not apply. Purchases and subscriptions via the Supplier's online store Carlibri shall be excluded from this. The online store’s terms and conditions of sale shall apply in this regard.
(2)    Only entrepreneurs can be customers in the sense of these terms and conditions (hereinafter "Customer"). Within these Terms and Conditions, these are natural or legal persons or partnerships having legal capacity, which, in concluding the contract with the Supplier, exercise their commercial or independent professional activity.
(3)    Any offers made by the Supplier are always subject to change and non-binding unless they are marked as binding offers.
(4)    It is agreed in accordance with Section 312 i para. 2 sentence 2 BGB (German Civil Code) that the Customer waives the obligation to provide information in electronic business transactions in accordance with Section 312 i para. 1 nos. 1 - 3 BGB.


§ 2    Remuneration
(1)    The remuneration specified in the offer shall be due for the Supplier’s performance. If no remuneration is stated in the offer, the Supplier’s price lists shall apply.
(2)    All prices and agreements are in euros and do not include the statutory value-added tax valid at the time the service is provided.
(3)    Unless expressly agreed otherwise, the Customer undertakes to pay the agreed remuneration within 10 working days from the date of invoicing to the account specified by the Supplier.


§ 3    Term and termination
(1)    The term of the respective services is specified in the offer. The contract term is identical to the term of publications.
(2)    If a term is specified in the offer, the contract shall be extended by the term after the expiry of the term, respectively, unless the contract is terminated with 1 month's notice to the end of the term.
(3)    If no term is specified in the offer, the contract shall run for an indefinite period and may be terminated by the parties with one month's notice.
(4)    Notice of termination must be submitted in text form.
(5)    This shall not affect the right to extraordinary termination.


§ 4    Force majeure
(1)    The Supplier shall be released from the obligation to perform under this contract if and to the extent that the non-performance of services is due to the occurrence of circumstances of force majeure after the conclusion of the contract.
(2)    For example, circumstances of force majeure include war, strikes, riots, expropriations, cardinal legal changes, storms, floods, pandemics and other natural disasters as well as other circumstances for which the Supplier is not responsible. In particular, water ingress, power failures and interruptions or destruction of data-carrying lines or infrastructure.
(3)    If such an event occurs, the affected party shall notify the other party in writing without delay.


§ 5    Warranty
In principle, the Supplier provides its services on the basis of a service contract. If services under a contract for work and services are nevertheless agreed upon, the warranty shall be governed by the following provisions:
(1)    The Supplier warrants that the work products provided by the Supplier under the contract are free from third-party intellectual property rights and that, to the Supplier’s knowledge, no other rights exist that restrict or preclude their use under the contract. The Supplier indemnifies the Customer against all possible third-party claims in this respect.
(2)    If the contractual use is impaired by third-party property rights, the Customer shall notify the Supplier immediately upon becoming aware thereof. In this case, the Supplier shall have the right, to an extent that is reasonable for the Customer and in consultation with the Customer, to either modify the contractual services in such a way that they fall outside the scope of protection but nevertheless comply with the contractual provisions, or to obtain the authority that they can be used without restriction and additional costs for the Customer in accordance with the contract.
(3)    The Supplier does not guarantee that the created work products will retain their contractually agreed suitability in the event of general changes in technology (e.g. browsers, server technology, plug-ins operating systems, W3C standards, online access, etc.) even under the changed circumstances. There is no entitlement to subsequent adjustment.
(4)    Insofar as is possible and reasonable for the Customer with regard to the effects of the defect, the Supplier may provide the Customer with an interim solution to circumvent the defect (workaround) until the defect is definitively remedied.
(5)    The warranty claim shall lapse insofar as the Customer modifies work products itself or has them modified by third parties without the Supplier’s consent unless the Customer proves that the defects still in question were not caused by the modifications made by itself or the third party or by the failure to maintain/update the work products. The Customer's right of self-remedy (Section 536a para. 2 BGB) is excluded.
(6)    The warranty period is 1 year and begins with the acceptance of the work results. Longer statutory limitation periods for liability and warranty claims shall remain unaffected.


§ 6    Acceptance
In principle, the Supplier provides its services on the basis of a service contract. If services under a contract for work and services are nevertheless agreed upon, acceptance shall be governed by the following provisions:
(1)    The Supplier shall make the completed performance available to the Customer. If the performance is made available via the Supplier's systems, the Supplier shall notify the Customer of the availability of the performance by e-mail.
(2)    The Customer shall inspect the performance immediately after it has been made available and shall give notice of any defects at the latest within 1 week of being notified of the provision. After this time, or if the Customer uses the results, the performance shall be considered approved.


§ 7    Liability
(1)    In case of intent or gross negligence, the Supplier is liable without limitation for all damages caused by it as well as its legal representatives or vicarious agents.
(2)    In all other respects, the Supplier shall only be liable if it has breached a material contractual obligation (cardinal obligation). In such cases, liability shall be limited to compensation for the foreseeable damage typical for the contract.
(3)    The above limitations of liability do not apply to injury to life, limb or health. In these cases, the Supplier is liable without limitation.
(4)    Liability in accordance with the provisions of the Product Liability Act (ProdHaftG) shall remain unaffected.


§ 8    Applicable law/place of jurisdiction
These terms and conditions shall be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for disputes arising from this contract shall be Nuremberg.


§ 9    Obligations of the Customer
(1)    The Customer shall provide the Supplier with the content to be published by the Supplier in a timely manner. The Customer shall ensure that the content it supplies complies with the technical requirements specified under "Technical Details", is of sufficient quality and resolution and does not infringe any third-party property rights.
(2)    The Customer is responsible for ensuring that the respective content does not violate laws, third-party rights or common decency. It also assures that the ads do not contain deliberately false information. The aforementioned obligations are essential contractual obligations. The Supplier is entitled not to publish content that violates the aforementioned conditions.
(3)    If content by the Customer violates legal requirements, infringes the copyrights or other rights of third parties or constitutes a violation of competition law, the Customer shall indemnify the Supplier against all claims upon first request. In this case, the Customer shall also assume the costs of a legal defence against any claims by third parties, including the Supplier’s necessary legal fees.
(4)    If the content is not published due to a violation of § 9 para. (1) or para. (2) or not published in time, the Customer’s payment obligation remains unaffected.
(5)    The Customer undertakes to ensure that the transmitted data is free of harmful code, such as viruses and trojans, by using state-of-the-art protection programs.


§ 10    Rights of use
(1)    The Customer grants the Supplier a simple, non-exclusive, non-transferable, worldwide right of use to the content made available, limited in time to the term of the contract and limited in content to the purpose of the contract.
(2)    The aforementioned granting of rights also includes the right to store, reproduce, publish, digitize as well as process the content, insofar as is necessary to execute the contract.
(3)    The Supplier shall be entitled, at its own discretion, to mark the content of the Customer – which is not clearly recognizable as third-party content due to its design – clearly and separately from other content with "ADVERTISEMENT" or "ADVERTISING".


§ 11    Miscellaneous
(1)    No verbal collateral agreements have been made. Amendments, supplements and additions to this contract shall only be valid if agreed between the parties in text form. This shall also apply to the amendment of this contractual provision.
(2)    Should any provision of this contract be or become invalid, this shall not affect the validity of the remainder of the contract. The parties are obliged to replace the invalid provision with a valid provision that comes as close as possible to the economic purpose of the invalid provision. The same shall apply in the event of an omission in the contract.

 


B.    Special provisions for the publication of company entries and job advertisements


§ 1    Subject of performance
(1)    The Supplier enables the Customer to place job advertisements and publish company listings on the brauwelt.com website. The specific scope of services is set out in the respective offer.
(2)    The Supplier does not assume any brokerage of employment contracts and does not itself become a party to any employment contracts. It merely provides the technical means to draw attention to vacancies. Accordingly, the Supplier shall only owe the provision of the service booked, respectively, and shall in no case owe successful application.


§ 2    No exclusion from competition
(1)    The Supplier makes its services available to a large number of customers. Accordingly, it is not generally possible to exclude competitors of the Customer.


§ 3    Box number advertisements
(1)    The Supplier enables companies to post jobs anonymously. In this case, the job advertisement is published with a box number ("box number advertisement"). If the placement of a box number advertisement has been agreed upon, the Supplier shall publish the job advertisement and forward messages or applications received by the Supplier stating the box number to the Customer.

 


C.    Special provisions for the publication of advertising material


§ 1    Subject of performance
(1)    The Supplier enables the Customer to publish advertising materials. This includes, among other things, the placement of advertising banners on the Supplier's platforms as well as the publication of videos and podcasts on the Supplier's platforms and the insertion of advertising materials in publications both digitally and as print inserts.
(2)    The specific scope of services, in particular, the date or the period of the advertising placement as well as the placement is set out in the respective offer.


§ 2    Obligations of the Customer
(1)    The Customer shall make the content available to the Supplier in good time before the planned publication. Unless otherwise specified in the offer and unless the circumstances of the booked service indicate otherwise, the content must generally be made available no later than 5 working days before the planned publication date.
(2)    Orders for advertisements and third-party inserts that are to be published exclusively in certain numbers, certain issues or in certain places in the publication must be received by the publisher in good time so that the Customer can be informed before the advertising deadline if the order cannot be executed in this manner, e.g. because the technical requirements have not been met.
(3)    Selecting the advertising banner and choosing the placement is the Customer’s responsibility. The Supplier does not check to what extent the advertising banner provided by the Customer as well as its placement is suitable for the advertising purpose intended by the Customer and meets its needs.


§ 3    Content verification by the Customer
The Customer shall immediately examine the published content for correctness of placement after its initial placement and notify the Supplier of any errors within three business days. After this period, the content is considered accepted.


§ 4    Circulation reduction
The publication of advertising supplements in the Supplier's publications may result in a reduction of the originally planned circulation. However, this only gives rise to a right to reduction if the expressly agreed average circulation is undercut. A reduction in circulation is only a defect entitling the customer to a price reduction if it amounts to at least 20%. In addition, claims for price reductions are excluded for contracts if the publisher has informed the Customer of the reduction in circulation in sufficient time for the Customer to be able to withdraw from the contract before the publication of the advertisement.

 


D.    Special provisions for the creation of advertising content


§ 1    Subject of performance
(1)    The Supplier creates content for the publication of advertising media according to the Customer's specifications.
(2)    For posting the created content on the Internet or other publication, the regulations under section C. of these GTC apply.


§ 2    Conceptual design
(1)    For the creation of the content, the Supplier shall first develop a concept for the design ("Concept") and implement the services based on the concept.
(2)    Once the Supplier has created a Concept, the Customer will accept the concept by a declaration in text form.


§ 3    Cooperation obligations of the Customer
(1)    The Customer shall provide the Supplier with the content to be included in the created advertising media in a timely manner.
(2)    The Customer shall ensure that the content it supplies complies with the technical requirements, is of sufficient quality and resolution and does not infringe any third-party property rights.
(3)    The Customer is obligated to reasonably cooperate in developing and producing the content. Insofar as test runs or acceptance tests, presentations or other meetings become necessary or appropriate, the Customer agrees to assign competent employees to participate in the same who are authorized to make all necessary or appropriate decisions.
(4)    If the Supplier provides the Customer with proposals, drafts, test versions or similar, the Customer shall carry out a quick and careful examination within the scope of what is reasonable. The Customer shall notify the Supplier of any issues or requests for changes without delay.

 


E.    Special provision for the publication of lead generation content


Privacy provision lead sharing, consent
§ 1    Subject of performance
(1)    The Supplier publishes content, such as white papers, from the Customer for lead generation. For this purpose, the content is offered as a free download on the Supplier's platforms. Before downloading, the end user's consent is obtained for the data to be passed on to the Customer and its contact for advertising purposes.


§ 2    Consent
(1)    The Supplier obtains the following consent before downloads: "Yes, I agree that my personal information may be shared with the publisher of the white paper (see above under 'Provided by') and that they may contact me by email, post and/or phone with further information. Consent is a requirement to be able to download the whitepaper.
(2)    The Customer is responsible for ensuring that the aforementioned declaration of consent is sufficient for the intended use of the data.
(3)    The Supplier will design the platform in such a way that a download is technically not possible if consent has not been given in advance.


§ 3    Use of the data
The Customer shall use the user data exclusively for the originally intended purpose of contact for advertising purposes. Passing the data on or using it in any other way is not permitted. The Customer shall be liable for ensuring that the use of the user data complies with the requirements of data protection law and is fully liable for any processing of the data in violation of data protection law.

 

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