General Terms and Conditions for Advertisements and Third-Party Inserts in Newspapers and Magazines
(as of 10/2021)
(1) „Advertising order“ within the meaning of the following General Terms and Conditions of Business is the contract for the publication of one or more advertisements by an advertiser in a printed publication for the purpose of dissemination.
- advertising orders shall, in case of doubt, be completed within one year of the conclusion of the contract. If the right to call off individual advertisements is granted within the framework of a contract, the order shall be processed within one year of the publication of the first advertisement, provided that the first advertisement is called off and published within the period specified in sentence 1. 3.
In the case of contracts, the customer shall be entitled to call off further advertisements within the agreed period or the period specified in Clause 2, even in excess of the quantity of advertisements specified in the order.
- if an order is not fulfilled due to circumstances for which the publisher is not responsible, the customer shall, without prejudice to any further legal obligations, reimburse the publisher for the difference between the proven discount and the discount corresponding to the actual acceptance. The reimbursement shall not be made if the non-fulfillment is due to force majeure within the Publisher’s sphere of risk.
When calculating the purchase quantities, text millimeter lines shall be converted into advertisement millimeters in accordance with the price.
- no guarantee is given for the inclusion of advertisements and third-party inserts in specific numbers, specific issues or in specific places in the publication, unless the customer has expressly made the validity of the order dependent on this. In the case of classified advertisements, the publisher guarantees that the advertisement will be printed in the relevant section without any express agreement to this effect.
- text section advertisements are advertisements which are adjacent to the text by at least three pages and not to other advertisements. Advertisements which are not recognizable as advertisements due to their editorial design shall be clearly identified as such by the publisher with the word „Advertisement“.
- the publisher reserves the right to reject advertising orders – including individual call-offs within the framework of a contract – and insert orders on the grounds of content, origin or technical form in accordance with uniform principles of the publisher. Even in the case of legally binding confirmed orders, advertisements and inserts may be rejected if, in the publisher’s due discretion, their content violates laws, official regulations or morality, or if their publication is unacceptable to the publisher. This applies to orders placed with offices, receiving offices or representatives. Orders for inserts shall not be binding on the publisher until a sample of the insert has been submitted and approved. Inserts which, due to their format or presentation, give the reader the impression that they are part of the newspaper or magazine, or which contain third-party advertisements, will only be accepted after consultation with the publisher. The client will be informed immediately of the rejection of an order. 9.
The client shall be responsible for the timely delivery of the advertisement text and flawless print documents or inserts. The publisher shall immediately request replacements for recognizably unsuitable or damaged printing material. The publisher guarantees the print quality customary for the occupied title within the scope of the possibilities given by the print documents. 10.
(10) In the event of wholly or partially illegible, incorrect or incomplete printing of the advertisement, the customer shall be entitled to a reduction in payment or a faultless replacement advertisement, but only to the extent that the purpose of the advertisement has been impaired. If the publisher allows a reasonable period of grace granted for this purpose to elapse, the customer shall be entitled to withdraw from the contract. Claims for damages arising from impossibility of performance, from delay, from positive breach of contract, from culpa in contrahendo and from tort are excluded – even in the case of orders placed by telephone – unless they are based on intent or gross negligence on the part of the publisher, its legal representative or a vicarious agent. Further liability for the publisher is excluded. Complaints must be made within four weeks of receipt of invoice and receipt.
- proofs shall only be supplied upon express request. The client shall be responsible for the correctness of the returned proofs. If the client does not return the proof sent to him in good time within the statutory period, approval for printing shall be deemed to have been granted.
(12) If there are no special size requirements, the calculation shall be based on the actual print height customary for the type of advertisement.
If the customer does not make an advance payment, the invoice and receipt shall be sent immediately, but if possible 14 days after publication of the advertisement. The invoice must be paid within the period stated in the price list from the date of receipt of the invoice, unless a different payment period or advance payment has been agreed in individual cases. Any discounts for early payment shall be granted in accordance with the price list.
- in the event of late payment or deferment of payment, interest on arrears shall be charged in accordance with the price list, as well as collection costs. In the event of late payment, the publisher may defer further execution of the current order until payment has been made and demand advance payment for the remaining advertisements. In the event of reasonable doubt as to the solvency of the customer, the publisher shall be entitled, even during the term of an advertising contract, to make the publication of further advertisements dependent on the advance payment of the amount and on the settlement of outstanding invoice amounts, irrespective of any originally agreed payment period. 15.
- the publisher will supply an advertisement voucher with the invoice on request. Depending on the type and scope of the advertisement order, advertisement clippings, voucher pages or complete voucher numbers will be supplied. If a voucher can no longer be obtained, it shall be replaced by a legally binding certificate from the Publisher confirming the publication and distribution of the advertisement.
- costs for the production of ordered printing blocks, matrixes and drawings as well as for significant changes to originally agreed designs requested by the client or for which the client is responsible must be borne by the client.
A reduction in circulation may give rise to a claim for a price reduction if the overall average circulation for the insertion year commencing with the first advertisement falls short of the average circulation guaranteed in the price list or by other means or – if a circulation has not been guaranteed – the average paid circulation (in the case of trade journals, if applicable, the average actually distributed circulation) for the previous calendar year. A reduction in circulation shall only be a defect entitling the customer to a price reduction if it is
20% in the case of a circulation of up to 50,000 copies
15% for a circulation of up to 100,000 copies
10% for a print run of up to 500,000 copies
for a print run of more than 500,000 copies 5%.
for a print run of more than 500,000 copies.
In addition, any claims for price reductions and damages shall be excluded if the publisher has informed the client of the reduction in circulation in such good time that the client would be able to withdraw from the contract prior to publication of the advertisement.
- in the case of box number advertisements, the publisher shall apply the care of a prudent businessman for the safekeeping and timely forwarding of the offers. It shall not assume any liability beyond this. Registered letters and express letters on box number advertisements will only be forwarded by normal mail. Receipts on numbered advertisements will be kept for four weeks. Letters not collected within this period will be destroyed. The publisher will return valuable documents without being obliged to do so. In the interest and for the protection of the client, the publisher reserves the right to open the incoming offers for inspection purposes in order to eliminate misuse of the number service. The publisher is not obligated to forward commercial promotions and mediation offers.
- maters will only be returned to the client upon special request. The obligation to retain them shall end three months after expiry of the order.
- in the event of the invalidity of a clause, the validity of the remaining provisions shall remain unaffected.
(21) The place of performance shall be Salzburg, the place of jurisdiction shall be the main office of the publishing house, unless otherwise stipulated by law. Salzburg is also agreed as the place of jurisdiction for dunning proceedings and in the event that the customer’s place of residence or habitual abode is unknown at the time the action is brought.
Additional Terms and Conditions.
- a) By placing an advertising order, the customer accepts the general and additional terms and conditions as well as the publisher’s price list.
- b) The publisher shall exercise due diligence in accepting and checking advertising copy, but shall not be liable if it is misled by the client.
- c) The prerequisite for a commission payment to advertising intermediaries is that the order is placed directly by the advertising intermediary and that the text or printing material is also supplied by him. The advertising intermediaries and advertising agencies are obliged to adhere to the publisher’s price list in their offers, contracts and settlements with the advertisers. The intermediary commission granted by the publisher may not be passed on to the client, either in whole or in part.
- d) The discounts specified in the advertising price list shall only be granted for advertisements of an advertiser appearing within one year. The period begins with the publication of the first advertisement. The placing of advertisements in district or partial issues or other publisher’s publications with their own prices shall be deemed to be a separate order, and a separate contract shall be concluded for the issue or combination concerned.
- e) The advertiser shall be entitled retroactively to the discount corresponding to his actual purchase of advertisements within a one-year period if he has concluded a contract at the beginning of the period which entitles him to a discount from the outset on the basis of the price list. The claims for subsequent payment or subsequent debit shall lapse if they are not asserted within three months of the end of the year in which the contract was concluded.
- f) Defects in the print documents that are not immediately recognizable and only become apparent during the printing process do not entitle the customer to a reduction in payment or compensation due to insufficient printing.
- g) If the same error occurs in the repetition of an advertisement as in the first publication, claims for a reduction in payment or replacement are excluded if the customer did not complain immediately after the first publication.
- h) Placement requests will be considered according to the given possibilities. The selection of certain text pages and an exclusion of competitive advertisements cannot be bindingly agreed.
- i) The customer shall assume liability for the content and legal admissibility of the text and image of the advertisement; the customer shall indemnify the publisher against claims by third parties. The client shall be obliged to reimburse the costs of publishing a counterstatement relating to actual allegations made in the published advertisement, in accordance with the applicable price list.
- j) In the case of continuous text advertisements, there shall be no entitlement to a voucher copy. In the case of repeat advertisements, the client shall receive an advertisement clipping only from the first advertisement.
- k) Changes to the advertisement price list shall also become effective for current orders as of the date of entry into force, unless expressly agreed otherwise.
- l) Compensation for Cancellation of Advertising Orders: If an advertising order is cancelled 6 weeks prior to the publication date, 50% of the advertising price shall be due as compensation; if an advertising order is cancelled 4 weeks prior to the publication date, 75% of the advertising price shall be due as compensation; if an advertising order is cancelled 2 weeks prior to the publication date, 100% of the advertising price shall be due as compensation.
- m) Compensation in the event of cancellation of advertising orders due to a pandemic (not exclusively IDS-JOURNAL): If an advertising order is cancelled 6 weeks before the publication date/start of the trade fair, 50% of the advertising price will be due as compensation; if an advertising order is cancelled 4 weeks before the publication date/start of the trade fair, 75% of the advertising price will be due as compensation; if an advertising order is cancelled 2 weeks before the publication date/start of the trade fair, 100% of the advertising price will be due as compensation. This also applies in the event of an officially ordered cancellation/interruption/closure of IDS 2023 in Cologne.