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Terms and Conditions (banner, video, whitepaper, podcast)

01 January 2022

Terms and conditions for advertising banners and publication of content

General Terms and Conditions for the Placement of whitepapers, podcasts, videos and advertising banners on the Website brauwelt.com

§1 General, validity of the General Terms and Conditions
1.1.    The following General Terms and Conditions ("GTC") conclusively regulate the publication of whitepapers, advertising banner, podcasts and videos on the website brauwelt.com 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, advertising banner, podcasts and videos on the website brauwelt.com. 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 brauwelt.com and to postpone the publication date.
2.4.    Fachverlag Hans Carl does not guarantee the inclusion of content for whitepapers, podcasts and videos 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, podcasts, videos and banner 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, podcasts, video 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, podcasts and videos: The contract is concluded for a period of one month and ends automatically thereafter. At the end of the contract period, the respective content will be moved to the archive of the website 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 contents of the Client contain recordings of persons, in particular video, image or voice recordings, the Client shall ensure that the legal requirements for publication are met. This includes in particular the transfer of the necessary copyrights to the content to Fachverlag Hans Carl and the permissibility of the processing of the data under data protection law. If consent is required for this in accordance with the German Art Copyright Act (KUG) or the Basic Data Protection Regulation (GDPR), the Client shall obtain and document the necessary consents. Upon request, the Client shall immediately submit the documentation of the consents to Fachverlag Hans Carl.
7.3.   If the content of the Client contains personal data, for example in the case of video or voice recordings of persons, the Client shall ensure that the persons concerned have been informed in accordance with Art. 13 DSGVO about the data processing in the context of the publication of the content at Fachverlag Hans Carl before content is transmitted to Fachverlag Hans Carl. Upon request, the Client shall immediately submit proof of the information to Fachverlag Hans Carl.  
7.4.    Insofar as claims are asserted against Fachverlag Hans Carl by third parties with reference to the infringement of their own rights by content of the customer, the customer shall indemnify Fachverlag Hans Carl against all justified claims. This also includes the assumption of reasonable costs of a legal defense against the claims raised upon first request.
7.5.    The client is obliged to provide the data for the creation of whitepapers, podcasts, videos and advertising banners no later than four working days before the agreed publication date. The current "Technical Requirements" of Fachverlag Hans Carl must be observed in this regard. If the data is provided late or does not comply with the publisher's specifications and if, as a result, publication cannot take place in an orderly and timely manner, the client's payment obligation shall remain unaffected.
7.6.    The client undertakes to ensure that the transmitted data is free of harmful code, such as viruses and Trojans, by means of state-of-the-art protection programs.

§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.