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General Business Terms and Conditions - Print

  1. In accordance with the following General Business Terms and Conditions, an advertising order is considered to be the agreement regarding the publication of one or more advertisements of an advertiser or other parties (in the following customer) placing advertisements in a print journal and/or via an electronic medium for the purpose of dissemination. The Publisher shall be entitled to save the advertisement with respect to content, text and any possible images in a database and make it available to potential customers via electronic media. In this respect, if it should concern intellectual property subject to copyright protection, the rights of use shall be considered to be granted to the Publisher with no restrictions of time and space.
  2. In cases of doubt, advertisements shall be called for publication within one year from the conclusion of the agreement. If, in the course of a contractual conclusion, the right to the calling for publication of individual advertisements is granted, then the agreement must be executed within one year of publication of the initial advertisements if the first advertisement is called for publication and published within the timeframe specified in Clause 1.
  3. With respect to contractual conclusions, the Customer shall be entitled to call for the publication of further advertisements exceeding the advertising quantity specified in the order within the agreed-upon timeframe or the timeframe specified in Clause 2.
  4. The Customer shall have a retroactive claim to a discount corresponding to its actual calling for publication of advertisements within an annual period. However, this claim shall only then apply if a job contract has been concluded at the beginning of the timeframe which, based upon the price list, provides entitlement to a discount from the outset. The claim to a discount shall cease to apply if such claim is not asserted within one month of the expiration of the annual timeframe.
  5. If an order is not fulfilled due to circumstances for which the Publisher is not responsible, then the Customer shall be entitled, notwithstanding any further legal obligations, to reimburse the Publisher for the difference between the discount granted and the discount actually accepted.
  6. With respect to the calculation of the acceptance quantities, text millimeter lines will be converted into advertising millimeters based upon price.
  7. For the inclusion of advertisements and third-party advertising supplements which are supposed to be published for explanatory purposes exclusively in designated numbers, designated editions or designated locations of the printed material, the Publisher shall only provide guarantees if the validity of the order has been made expressly dependent upon this. Classified advertisements shall be printed in the respective section without an express agreement being required for this.
  8. For the placement of an advertisement in an editorial section, the editorial section price must be paid. Advertisements, which are not recognizable as advertisements due to their editorial layout, shall be clearly labeled as such by the Publisher.
  9. The Publisher reserves the right to reject advertising orders – including individual calls for publication in accordance with a contractual conclusion - and supplemental orders due to the content, the origin or the technical form according to standard, professionally justified principles of the Publisher. The same shall apply if its content violates laws or governmental directives. This shall also apply for orders which have been submitted to authorized representatives. Supplemental orders are binding for the Publisher only after the submission of a model of the supplement and its approval. Supplements which, through the format or layout, give the reader the impression that they are a component of the newspaper or contain third-party advertising shall not be accepted. Notification of the rejection of an order shall be immediately made to the Customer.
  10. The Customer shall be responsible for the timely submission of the advertising text and flawless print documents or the supplements. The Publisher shall demand the immediate replacement of print documents which are obviously unsuitable or damaged. The Publisher shall guarantee the flawless reproduction of the advertisement with respect to print quality.
  11. The Customer shall have a claim to a reduction of payments or a replacement advertisement if the print of the advertisement is, either in whole or in part, illegible, incorrect or incomplete, but nonetheless only to the extent that the purpose of the advertisement has been compromised. Any more substantial liability upon the part of the Publisher is excluded. This shall not apply for intentional wrongdoing or gross negligence on the part of the Publisher and its vicarious agents. A liability on the part of the Publisher for damages due to the lack of guaranteed quality features shall remain unaffected. In commercial business dealings, the Publisher shall not be liable for gross negligence on the part of its vicarious agents. Control data which are missing or defectively printed shall create no claim for the Customer unless something to the contrary has been agreed upon between the parties. Complaints must be submitted within one week's time from receipt of the invoice and voucher copy. In any case, liability is limited to foreseeable damages and by the fee to be paid for the advertisement or supplement. With respect to advertisements, deadline and task modifications, text corrections and cancellations submitted by telephone, the Publisher shall assume no liability for transmission errors. For erroneous repeat advertisements, claims are excluded if the Advertiser had the possibility of making notification of the errors before the printing of the follow-up advertisements. The payment claim of the Publisher shall remain unaffected. The Publisher shall not be liable for damage compensation claims or claims for recourse which possibly originate from the content or form of an advertisement, particularly due to competition law directives. Rather, the Customer shall be solely responsible for the content or form of an advertisement.
  12. Proofs shall be supplied only upon express request. The Customer shall assume responsibility for the correctness of the returned proofs. In the event that the Customer does not promptly return the proofs submitted in a timely manner, then the approval for printing shall be considered to have been made.
  13. If no special size specifications have been provided, then the actual printing size will be based upon the price calculation.
  14. If the Customer does not make prepayment, then an invoice with related documentation shall be issued no later than the fifth day of the month following the publication of the advertisement. The invoice must be paid within the timeframe specified on the price list, unless a shorter payment period or prepayment has been agreed upon between the parties in the particular case. The timeframe shall begin to run upon receipt of the invoice. Any possible discounts for early payment shall be granted based upon the price list.
  15. If the advertising prices change, then the new terms and conditions shall become effective immediately unless the Customer and the Publisher have agreed upon something to the contrary.
  16. In the event of payment default or if a payment extension is granted, interest shall be charged in the amount of 1% above the respectively valid discount rate of the Federal Central Bank as well as the related collection costs. In the event of payment default, the Publisher may suspend the further execution of the current order until payment is received and may demand prepayment for the remaining advertisements.
  17. In the event of insolvency, the entire amount for any advertisements still to be called for publication shall become immediately due for payment even in the case of § 103 Para. 1 InsO [Insolvency Act]. In any case, any approved discount shall cease to apply in the event of insolvency, compulsory composition proceedings or a lawsuit.
  18. Upon request, the Publisher shall provide an advertising clip with the invoice. If the type and scope of the advertising order justify it, up to two main vouchers or complete voucher numbers shall be supplied. If a voucher can no longer be procured, then a legally binding certificate of inclusion from the Publisher shall replace it.
  19. The Customer must pay the costs for substantial changes to the originally agreed-upon order specifications.
  20. A reduction in circulation shall only then influence the contractual relationship if a circulation amount has been guaranteed and this decreases by more than 20 percent. Furthermore, any price reductions and damage compensation claims shall be excluded if the Publisher has notified the Customer of the reduction in circulation in such a timely manner that the Customer could have withdrawn from the agreement before the advertisement was published.
  21. If an order is cancelled after the official advertising deadline, the agreed-upon price for the order will become due for payment in its full amount.
  22. The place of performance shall be Würzburg. In commercial dealings with businesspeople, juridical persons under public law or special funds under public law, the legal venue for any possible legal actions shall be Würzburg.

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