general business terms
These general terms and conditions apply to all offers and services of Finance Media GmbH in connection with the marketing of advertising space. Other terms and conditions of the client or contractor are not part of the contract.
For the purposes of these General Terms and Conditions and in the meaning of the contracts concluded on the basis of these conditions, all agreements concerning the placement of one or more advertising materials on the Internet, text, one or more images, also in combination with text, shall apply as advertising mandate. with sound sequences or moving images (banners), with a sensitive area that, when clicked, establishes the connection to other data / pages in the client’s area (link), existing information intended for a broad public.
The Finance Media GmbH takes over the consulting and marketing regarding advertising on various websites of their marketing partners. An advertising order within the meaning of these terms and conditions is the order of a customer to the Finance Media GmbH for the placement of one or more advertising spaces, as well as any combination thereof. These advertising spaces are each provided with a link to the internet pages of the client or on further internet pages of Finance Media GmbH.
- conclusion of contract
The Finance Media GmbH presents on the Internet various services offered by it in the form of an invitation to submit an offer. The contracting party makes the contract in writing, by e-mail, or verbally or by phone, but the contract is only concluded by written or emailed confirmation of the order by the Finance Media GmbH. These terms and conditions and the conditions defined in the order apply exclusively. The terms and conditions of the client are expressly excluded.
- agency contracts
If an advertising agency is a contracting party, the contract is concluded with the agency, not with its client. If a third party (client of the advertising agency) becomes a contractual partner of Finance Media GmbH, he must be named by the agency. The order placement to the advertising agency must be proven. Agencies and other advertising agencies have to orient their agreements on advertising services booked by Finance Media GmbH to the price lists of Finance Media GmbH. In the event of a gross mismatch between the prices given by the agent and the price list of Finance Media GmbH, Finance Media GmbH can also enter into contracts already concluded , even if the service has already been provided in part, terminate without notice, without any claims for damages or repayment claims being made by Finance Media GmbH.
For orders placed via advertising / media agencies, an agency commission (AE) is granted on the client’s net amount, if this is shown in the offer / order. The customer net is the invoice amount excluding VAT and after deduction of all discounts.
- Settlement deadline
If the customer is granted the right to call up individual advertising materials on an individual contract basis, the call must be made within one year of the conclusion of the contract. Advertising services that have not been called up will lapse under continuing obligation of the client to remunerate.
- advertising data
The client delivers complete, flawless and suitable advertising data, which corresponds to the currently available technical specifications of Finance Media GmbH, no later than two working days before the start of the circuit. Finance Media GmbH is entitled to mark advertisements that are not identifiable as such with the notice “Advertisement” or “Advertisement”. The client assures that the advertising material supplied by him is free of defective software. The client is obliged to notify Finance Media GmbH of any irregularities in the advertising material immediately after having gained knowledge (also in writing).
The client transfers all rights to Finance Media GmbH, which are necessary for the execution of the advertising contract. This includes, in particular, the rights to use the advertising, including copyright, ancillary copyright and other rights required on the Internet, in particular the right to store, reproduce, distribute, transmit, edit. The client guarantees that he has all the rights required to display the advertising content and is authorized to transfer the aforementioned rights. The client indemnifies Finance Media GmbH and its marketing customers from all claims for infringement of the aforementioned rights and statutory provisions asserted by third parties in connection with the publication of the advertising space and / or the contents found under the link address. The client is solely responsible for the accuracy of the information provided by him. The client shall reimburse Finance Media GmbH and its marketing customers for the expenses and costs incurred in this connection.
Any defects after the circuit must be notified by the client immediately after the start of the circuit – within max. two days. In the event of subsequent claims, the client bears the costs of the changes requested by him. The obligation of the provider to store the advertising data and advertising material ends three months after the last distribution of the advertising material.
Advertising orders, including individual releases in the context of financial statements, Finance Media GmbH can refuse or block if the content violates laws or official regulations, was complained of German advertising in a complaint procedure or the publication due to the technical form is impossible or unreasonable. The customer must not offend against legal prohibitions, the good customs and rights of third parties (name rights, copyrights, data protection rights, etc.) with the form, content or pursued purpose of his Internet pages. In particular, the customer undertakes, within the scope of his presence, not to present any pornographic, violent or inciting content, not to call for criminal acts or to provide instructions for this and not to offer or offer any services that involve pornographic content. If the provider changes an already published advertising material arbitrarily retrospectively, also as far as data are concerned, to which by a link is referenced, and the change fulfills the conditions of paragraph 1 of this regulation, the Finance Media GmbH can block the respective advertising material, respectively the order and finish the publication.
- Property rights
The client is the owner of all rights to the advertising data and indemnifies the Finance Media GmbH from all claims of third parties, which may arise due to the violation of property rights and other legal provisions in connection with the advertising data. The client assigns to Finance Media GmbH all rights required for the publication of advertising on the Internet, unlimited in time, in terms of time and content, in the scope necessary for the execution of the contract.
The price for individual advertising orders depends on the valid price list published by Finance Media GmbH at the time of the conclusion of the contract. Insofar as Finance Media GmbH prepares an offer with special prices, irrespective of the currently valid price list, different special conditions apply, if applicable, which are agreed separately in connection with the special price. Incidentally, the provisions of the general terms and conditions for the marketing of advertising space also apply to the special agreement. If an order is not fulfilled for reasons for which Finance Media GmbH is not responsible, or if it is not fulfilled due to a justified termination without notice by Finance Media GmbH, the client shall have the difference between the actual discount granted and the actual amount to reimburse booked services corresponding discount to the provider. If a remuneration based on ad impressions or clicks has been contractually agreed with the customer, the determination of the ad impressions or clicks by the AdServer of Finance Media GmbH shall be decisive for the amount of the remuneration claim.
Errors in hardware and software components not attributable to Finance Media GmbH do not constitute faulty or poor performance. In the event of a failure of the AdServer over a period of more than 24 hours (continuously) within the framework of a time-bound fixed booking, the payment obligation of the Client for the time of the failure, if the booked time can not be made up. In the case of other disruptions that prevent the execution of an order and are not attributable to Finance Media GmbH, the advertising order shall be made as far as possible and reasonable for the customer, without the contractually agreed remuneration being reduced due to the delayed execution of the order.
Finance Media GmbH provides a technical platform for the placement of advertising space. Only within the scope of this technical standard, the placement of advertising space is possible. A success of the advertising space is not guaranteed.
For material and pecuniary losses that were not caused by intent or gross negligence on the part of Finance Media GmbH or its vicarious agents, Finance Media GmbH is only liable if it has violated essential contractual obligations and endangered the achievement of the purpose of the contract or if a claim for damages due to default of the Finance Media GmbH with a contractually owed performance exists. Compensation claims for property damage and pecuniary loss that are not damages caused by delay exist against Finance Media GmbH only if it no longer has to provide the contractually owed service (compensation instead of performance). These claims for damages are limited to the foreseeable damage. The liability of Finance Media GmbH does not exceed the damage typical for the contract.
Finance Media GmbH is not liable for the content of third party websites marketed by it. Responsible is the respective operator.
- terms of payment
The invoices of Finance Media GmbH are to be paid within 10 days from date of invoice without deduction, as far as it is not already shown as a discount in the invoice. In case of late payment or deferral interest at the rate of 5% above the base rate will be charged. For each chargeback of a transfer or cancellation of a direct debit, the provider charges in addition to any bank charges a processing fee of 10.00 euros. The client is left with proof of lesser damages. In the event of late payment, Finance Media GmbH can postpone further execution of current orders until payment is made and demand advance payments for the rest of the delivery.
- Termination, cancellation option
Terminations of advertising orders must be made in writing. Up to two weeks before the start of the booking, advertisements can be canceled by the client free of charge, less than two weeks will be charged a 30% cancellation fee. If you cancel after the campaign starts, you will be charged 50% of the order value that is still pending at the time your call ends. The services provided by Finance Media GmbH until the end of the contract are to be remunerated.
- Information obligation of the offerer
Unless otherwise agreed by contract, Finance Media GmbH shall make the number of accesses to the advertising material available to the client within three working days after the end of the advertising order / end of the circuit.
- data protection
The advertising order will be processed taking into account the applicable data protection regulations.
Finance Media GmbH is entitled to transfer individual or all rights and obligations arising from the advertising orders to other companies.
Should individual parts of the above conditions be or become ineffective, the validity of these terms and conditions shall otherwise remain unaffected.
- Place of fulfillment / jurisdiction
The place of performance is the registered office of Finance Media GmbH; in business dealings with merchants the place of business of Finance Media GmbH is also the place of jurisdiction. The execution of all concluded contracts is subject to German law, excluding the UN sales law.