Terms & Conditions
The terms used in these general terms and conditions are defined as follows:
a| “Advertising Order” refers to the agreement to publish one or more advertisement(s) or presentation(s) in any form of information or communication service, especially on the Internet, for the purposes of circulation.
b| “Publisher” refers to Architectural Tribune International GmbH (hereafter “ATI”), who is responsible for the printing and distribution of digital or printed publications.
c| “Advertiser” refers to a person, organization or company that places an advertisement.
d| An “Advertising Form” may, for example, consist of one or more of the following: an image with or without text; a series of musical notes
with or without moving images (e.g., banners); a sensitive area that when clicked hyperlinks to an online location provided by the Advertiser, that is, that belongs to the Advertiser.
e| “Settlement Period” refers to the period in which the Advertising Order has to be payed f| “Placement Period” refers to the period in which the advertisement has to be placed.
2. Advertising Form
An advertisement that in form or appearance is not immediately recognizable as such will be amended to make this clear.
3. Conclusion of a contract
a| The contract enters into force through confirmation in writing (which includes e-mail), subject to the provisions of individual agreements. Should this confirmation not be received, the Advertising Order will be deemed confirmed by the publication of the advertisement. Advertising Orders placed verbally, for example by telephone, are subject to these general terms and conditions too.
b| The Advertising Order is exclusively subject to these general terms and conditions, and the advertising rates of ATI, which constitute an integral part of the contract. The validity of any terms and conditions stipulated by the Advertiser or other space buyer are expressly excluded if these do not comply with these general terms and conditions.
c| Advertising Orders placed by advertising agencies represent a contract between the publisher and the advertising agency and are subject to the provisions of other written agreements. Should an advertising agency act as Advertiser on behalf of an advertising client or other advertiser, the Publisher must be advised of the name of the advertising client or other advertiser by the advertising agency. The Publisher has the right to demand proof that the client has been listed by the advertising agency.
d| Advertising goods or services on behalf of more than one advertising client or other advertiser within a particular advertisement (e.g., a banner or in a newsletter) requires an additional contract in writing (which includes e-mail).
4. Settlement Period
If the right to place individual advertisements is granted under the terms of a contract, the Advertising Order must be carried out within 12 months of the date of conclusion of the contract. Unless otherwise expressly agreed, payment must be made within 14 days of the invoice date.
5. Extension of an Advertising Order
a| The Advertiser has the right to place more advertisements within the contract period or within the Settlement Period stipulated in Section 4 than agreed to in the original contract, depending on space availability.
b| Company profiles are understood as central to online advertising with DTI. Booking of such a profile is for a minimum of 12 months and is automatically renewed at the rate relevant at the time for another year if not cancelled at least four weeks before expiry.
6. Delivery of material
a| The Advertiser is obliged to provide the Publisher with proper advertising material, particularly with respect to the format and the technical specifications stipulated by the Publisher, in due time before the publication date. The Publisher will immediately request replacement material if the material is considered to be unsuitable or damaged.
b| The Publisher will store data for no longer than three months after the end of the contract period.
c| The Advertiser shall bear the costs for requested changes to the advertising material, as well as the charges/costs incurred as a result.
7. Right of refusal
a| The Publisher reserves the right to refuse or block an Advertising Order under the terms of a contract if the content violates laws or official regulations, the content was rejected by the German Advertising Council (Deutscher Werberat) in a complaints procedure, or the content is contradictory to the Publisher’s mission and ethical code.
b| The Publisher has the right to withdraw an advertisement already published if the Advertiser changes the content of the advertisement or if a hyperlink is subsequently changed, in which case the conditions of Section 3 will apply.
8. Guarantee of rights
a| The Advertiser guarantees that it is in full possession of all rights necessary for the placement of an advertisement. The Advertiser shall not hold the Publisher liable within the framework of the contract for any claims by third parties that might arise through the violation of any laws. In addition, the Publisher is released from the costs of legal defense. The Advertiser is obligated to support the Publisher in good faith in its defense against third parties by providing all information and documents as requested.
b| The Advertiser passes all necessary copyrights for the use of an advertisement in all forms of online media, including the Internet, to the Publisher. This includes the right of use, ancillary copyright and other rights, in particular the right to duplicate, circulate, transmit, broadcast, abstract from a database, and call, both with regard to time and content, to the degree necessary for the fulfillment of the contract. The abovementioned rights are always to be granted without restriction and authorize the Publisher to place an advertisement according to the current technical standards using all forms of available media.
9. Commercial letter of confirmation/cancellation
Written confirmation of a contract previously negotiated between the Advertiser and the Publisher, and sent by the Publisher shall be deemed accepted by the client according to Section 362 of the German Commercial Code unless an objection is lodged within 14 days of receipt. A fee of 50% of the amount shall be charged for a cancellation received until four weeks before the start of the booking period specified in the order confirmation. For a cancellation within four weeks prior to the booking period, a cancellation fee of 100% shall apply.
10. Publisher’s guarantee
a| The Publisher guarantees the best possible reproduction of the provided content of the advertisement in accordance with the current technical standards. The guarantee does not include negligible errors. A negligible error is an error caused by the use of unsuitable software or hardware (e.g., a browser); a breakdown of a communications network belonging to another provider; a computer breakdown; incorrect, incomplete or out-to-date proxy server configurations (message buffers); a breakdown of the advertisement server lasting no longer than 24 hours (cumulated or continuous) within a 30-day period after the start of the Placement Period agreed on contractually. A breakdown of the advertisement server over a considerable period (i.e., more than 10% of the Placement Period) will release the Advertiser from duty of payment for the period of the breakdown. Further claims are excluded.
b| If the reproduction quality of the advertisement is unsatisfactory and con- stitutes a significant error, the Advertiser has the right to a reduction of payment or a perfect replacement, but only to the extent that the advertisement is affected. If the replacement is unsatisfactory or unacceptable, the Advertiser has the right to a reduction of payment, or to withdraw from the contract.
c| If there are nonobvious errors in the advertisement, the Advertiser shall have no claim in the event of the unsatisfactory reproduction of the advertisement. The same applies if the advertisement is placed several times and if the Advertiser does not draw the Publisher’s attention to the error(s) before the next placement.
If an Advertising Order cannot be carried out for reasons for which the Publisher cannot be held liable, in particular software or other technical problems; a breakdown of the computer system; a strike; legal provisions; interference in the sphere of responsibility of third parties (e.g., other providers), network operators or service providers; or for similar reasons, then the Advertising Order will be repeated if possible. The Publisher is still entitled to payment for an Advertising Order that is carried out again after the disruption has ceased and within aperiod the Advertiser deems reasonable.
12. Publisher’s protection clause
The Advertiser agrees to indemnify the Publisher against and defend the Publisher from any claim or expense resulting from the Advertiser’s unauthorized use of a name, a photograph, an image or words protected by copyright or registered trademark. The Publisher cannot be held liable for errors or omissions in any advertising material provided by the Advertiser (including errors in key numbers), or for changes made after the closing date.
a| Indemnity claims arising from breach of obligation and civil offence are only applicable in case of deliberate action and gross negligence by the Publisher, its representatives or proxies. This does not apply to claims for war- ranted quality; or for loss of life, bodily injury or damage to health; or for breach of considerable contractual obligations. In such case, liability is restricted to compensation for the foreseeable loss. Indemnity claims arising from impossibility of performance and default by slight negligence are restricted to compensation for the foreseeable loss.
b| In the case of gross negligence on the part of the Publisher’s subcontractors, liability towards the Advertiser is restricted to the compensation of the foreseeable loss. This does not apply to breach of integral contractual obligations.
14. Media kit
The advertising rates are based on the Publisher’s advertising media kit published on its website (https://www.architectural-tribune.com) and the rates in effect at the time the contract is concluded. Should the advertising rates change after the conclusion of the contract, the Publisher is entitled to charge according to the rates valid at the time of publication. This does not apply to agreements with nontraders if no more than four months have elapsed between the date of conclusion of the contract and the publication date of the advertisement.
a| If a discounted Advertising Order is not carried out for reasons for which the Publisher cannot be held liable, the Advertiser is liable for the difference between the discount rate and the usual rate, regardless of any other legal obligations.
b| If no other contract has been entered into, the Advertiser shall be entitled to a discount relevant to the actual number of advertisements placed within a year if a contract has been concluded based on the rate card, which explicitly allows discounts. The claim to a discount will expire if it is not submitted within three months of the end of the relevant contractual year. c| Discounts are granted according to the advertising rates valid at the time. Advertising agencies and other advertisers are obligated to use the media kit for their quotations, contracts and invoices. Discount/credit notes and supplementary discount charges shall principally not be taken into consideration until the end of the insertion year.
16. Default on payment
a| In the event of a default on or delay in payment, the Publisher shall charge interest (10% per year) and debt collection charges. The Publisher may postpone the further execution of the current Advertising Order until payment and request advance payment for further advertisements.
b| If there is reasonable doubt regarding the Advertiser’s ability to pay, the Publisher is entitled, even during the term of the contract, to make the publication of further advertisements conditional upon advance payment of the full amount charged and settlement of unpaid bills, regardless of the terms of payment agreed on previously.
Cancellation of an Advertising Order will only be accepted in writing (which includes e-mail).
18. Advertising Order confirmation
Advertising Order confirmations are considered reservations. Placements may be changed for technical reasons. In such case, the Publisher may not be held liable.
19. Data security
The Advertising Order will be carried out according to the current laws of data security.
20. Place of performance
The Advertising Order is subject to German law. The place of performance is the principal place of business of the Publisher unless the law provides otherwise. The principal place of business of the Publisher also serves as the place of performance for the debt collection notice and the case if the domicile of the client is unknown at the time of filing.
Berlin in Germany is the agreed place of jurisdiction.