1.1 Scope: The general terms and conditions for insertion apply to all orders for the insertion of media contributions or text publications as well as for the execution of insertion orders in trendguide media.
1.2 The place of performance and jurisdiction shall be the registered office of trendguide media gmbh + co kg.
1.3 Liability: The publisher is not obliged to check the content of insertions. The client shall bear full liability for this. At the same time, the client fully guarantees the unlimited publication rights of the designed templates, including the right to edit them for cross-media use.
The client must inform the publisher in writing of any restrictions, e.g. in terms of time or type of use, when placing the order. The additional expenditure for the observance of restrictions shall be adequately compensated to the publisher (min. E 100.00). Except in the case of culpable non-observance of restrictions on publication rights, the client shall bear any damage whatsoever incurred by the publisher as a result of the publication. After reimbursement of all costs, the publisher shall assign its claims to the client in accordance with Section 24 (7) of the Press Act.
2. placing of order
Our partners want to realise a new quality of information media in their regions for different target groups and topics and thus set national and international standards. The reader should find compact, high-quality information in his or her specific environment.
3. execution of the orders
3.1 The advertisements must correspond to the style of trendguide.
3.2 Date and placement: No guarantee is given for the execution of advertisements in specific issues or specific places. This applies in particular to first issues for which neither a binding publication date nor a publication can be guaranteed. The publisher has the right to change the order and to place it in another trendguide with the same circulation and the same advertising target group at its discretion. If trendguide does not exercise this right of conversion, the order shall be deemed to have been cancelled. Costs incurred by the client with regard to an advertising placement shall not be reimbursed. Discounts for placements which are cancelled with regard to subsequent placements, irrespective of the reason, may be subsequently charged by trendguide. Excluded from this are placement orders in already existing media, the validity of which is expressly made dependent on compliance with specific deadlines or, in the case of payment of the placement surcharge provided for in the rate, on a specific placement.
3.3 Media documents: The client shall be responsible for providing the documents for the relevant medium in good time. The client is obliged to give the editorial department permission to publish the advertising insertion up to three weeks before publication of the booked issue of the trendguide.
3.3.1 In the event of default, the order shall be deemed to have been fulfilled if the insertion is made using another media document provided by the client or even if only the name and address of the client are inserted.
3.3.2 If the publisher or its agents are commissioned - against payment or free of charge - to create, design or modify advertising copy for publication in the publishing media, all copyrights to the work created shall be held by the publisher (author and creator of the work) unless older rights to the documents provided (image rights etc.) take precedence. Payment for the copyright for publication in the trendguide publishing media shall be deemed to have been made when the advertisement is paid for. The work created may only be used outside the trendguide publishing media with written consent or agreed remuneration, without prejudice to the remuneration for the design work. The obligation to retain media documents shall end three months after publication of the last insertion (in the case of transmission via ISDN they shall expire immediately).
3.4 If unsuitable artwork is provided by the client, no responsibility will be accepted for poor reproduction.
3.5 In the case of advertisements placed by telephone or text changes initiated by telephone, no liability is assumed for the correctness of the reproduction.
3.6 No compensation shall be paid for errors that do not significantly impair the purpose of the insertion.
3.7 If a colour proof is not provided when the artwork is transmitted electronically, no responsibility can be accepted for the reproduction. Slight colour deviations in the print of the printed editions are due to production technology and do not entitle to complaints.
3.8 Any liability for possible damages caused by the non-appearance of an order on a certain day or by insignificant errors which do not distort the meaning or also printing errors is rejected.
3.9 Proofs or electronic originals shall only be produced upon express request. If the proofs are not returned in due time, the approval for insertion shall be deemed to have been granted.
3.10. Complaints will only be accepted within eight days of receipt of the insertion slip or publication.
3.11. Cancellation: A withdrawal or change to the order must be submitted to the publisher in writing, at the latest by the closing date for advertisements. In the event of a firm booking, the publisher will endeavour to find a replacement customer in the sense of the duty to minimise loss. The client shall bear the difference between the revenue then achieved and the insertion price promised to him up to 100%.
3.12. In the event of operational disruptions or interventions due to force majeure, the Publisher shall be entitled to full payment if at least 75% of the guaranteed cross-media media performance is fulfilled.
4. offsetting and terms of payment
4.1 Due date: Payable upon receipt of invoice. Default interest in the amount of one percent above the bank interest rate and the collection costs shall be borne by the client.
4.2 Discounts: Entitlement to a customer discount exists only in the case of a written contract for several insertions within one year. Upon request and with the consent of the Publisher, the discount may be taken into account immediately upon invoicing or credited after the end of the term of the order or after expiry of the one-year period.
4.3 The prices of the media order exclude VAT, exclude 5 % advertising tax (only for publications in Austria) and exclude layout.
4.4 Costs for the production of the printing documents shall be borne by the client.
4.5 Invoice complaints will only be accepted within two weeks of receipt of the invoice.
4.6 Receipts to the client: Up to five copies of the print magazine will be delivered free of charge. If the client is also a distribution point for the print magazines, up to 100 copies shall be delivered free of charge.
5. data protection