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• General terms and conditions — Electronic media

General terms and conditions — Electronic media

1. Scope:

(1) These General Terms and Conditions apply to contracts with companies of the Ströer Group (hereinafter "Contractor") regarding the placement of electronic advertising ("Contract"), on the products Infoscreen, Out-of-Home-Channel, Ad Walk, Das Passenger Television, X-City Station, LED-Screen and Videoboards.
(2) Contract comprises the transmission of advertising designs, ads and other content on electronic media ("Placement").

2. Awarding and acceptance of orders:

(1) The Contract shall become effective only if the order placed by the customer ("Customer") is accepted in writing by Contractor; any changes shall require the written form. Offers of Contractor shall be subject to change.
(2) Orders from agencies/intermediaries shall identify by name the advertiser ("Advertiser"). Unless orders received from agencies/intermediaries specify express terms to the contrary, Contract will be created between the agency/intermediary and Contractor. At the request of Contractor, agencies/intermediaries shall provide proof that a corresponding contract has been awarded by Advertiser.
(3) Orders of Customer shall identify the product to be advertised ("product group") and Advertiser.
(4) The Contractor shall be entitled to reject Contracts – in full or in part – due to content, origin or technical form on the basis of standard, objective reasons of Contractor if it is unreasonable to expect Contractor to place such advertising (for example, political, philosophical, religious or xenophobic advertising or advertising that offends against good taste and decency); if the content of such advertising is in violation of laws or regulatory provisions; or if such advertising goes against the interests of persons/companies in whose facilities such electronic advertising is to be carried out. With respect to already existing Contracts, Contractor shall be entitled to withdraw from such Contracts if any of the above conditions arise. If justified legal or moral concerns arise in the course of Placement due to the content, origin or form of advertising, or if such advertising is found to be incompatible with the above provision in this paragraph, Contractor shall be entitled to terminate such Placement immediately as well as to terminate the Contract without any notice period.
(5) Any transfer of rights and obligations from this contract or of the contract itself to a third party shall be subject to the prior consent of the other party to the contract. However, Contractor may transfer, without the customer's consent, rights and obligations from the contract or the contract itself to an affiliated company pursuant to Sections 15 ff. of the German Share Capital Companies and Partnerships Act (Aktiengesetz).
(6) The General Terms and Conditions of Customer shall be excluded.
(7) There shall be no claim with respect to a certain sequence or a certain editorial context for the advertising placed.
(8) Until such time as Placement is commenced, Customer may withdraw from the Contract by written notice. Should this arise, the Contractor is entitled to demand lump-sum compensation that makes allowances for own expenses saved. Such compensation amounts to 5% of the agreed price in the event of withdrawal up to 8 weeks prior to commencement of Placement, 10% in the event of withdrawal up to 4 weeks prior to commencement of Placement and, thereafter, 25% of the agreed price for Placement.

3. Placement time:

The Placement time shall commence on the calendar day of the first transmission of the advertising and shall end at the expiration of the agreed Placement.

4. Exclusion of competition:

The exclusion of competitors of Advertiser is not guaranteed.

5. Advertising materials:

(1) The production of the necessary reproduction materials shall be the responsibility of Customer. Customer shall provide at their own cost Contractor with suitable reproduction materials (materials/artwork) no later than one week prior to the agreed commencement of Placement. Contractor will inform Customer immediately about any noticeably unsuitable or damaged reproduction materials. At the request of Customer, Contractor will produce the advertising materials at Customer's expense and/or will carry out necessary changes to unsuitable reproduction materials at the request of Customer and at Customer's expense. Customer's failure to provide the reproduction materials in a timely manner and any resulting delay in Placement of advertising shall not exempt Customer from their payment obligation. Contractor shall have expenses saved deducted.
(2) The advertising concept developed by Contractor for Placement of electronic advertising as well as the computer graphical implementation shall be protected works under copyright law. Without a separate agreement regarding the right of use, Customer shall not be entitled to use such works.
(3) Reproduction materials shall be returned to Customer provided that Customer requests this in writing no later than up to 4 weeks following completion of Placement time. Reproduction materials that are not requested to be returned within such period of time shall pass into the property of Contractor without compensation upon completion of Placement time and may be disposed of by Contractor.
(4) Customer shall be responsible for the form and content of the designs and ads and for ensuring that they are unobjectionable in terms of copyright and competition laws. To such extent Customer shall exempt Contractor from any claims of a third party as well as any and all of the costs incurred by Contractor as a result. Contractor shall have no obligation to check or verify such circumstances.
(5) Until further notice, Contractor shall be entitled to use the design as a sample and/or for own advertising purposes free of charge, particularly when used in the form of a web-based database.

6. Prices:

(1) In the absence of any provisions to the contrary, such list prices of Contractor shall apply as are in effect from time to time.
(2) All prices are quoted exclusive of the applicable value-added tax.
(3) Set-off shall be permitted only on the basis of uncontested claims or claims confirmed by declaratory judgment.
(4) Customer may claim a right to refuse performance or of retention only if the counterclaim is based on the same contractual relationship and has been confirmed by declaratory judgment or if it has been recognized by Contractor.

7. Terms of payment:

(1) Invoiced amounts shall be payable within two weeks from the date of invoice. Invoices are issued by Contractor in advance. Payment shall be deemed to have been made in a timely manner if the money is received by the due date.
(2) In the event of Customer’s default in payment, as well as in the presence of substantiated doubts as to Customer’s ability to pay, Contractor shall be entitled, even during the term of the Contract, to make further performance of Contract dependent on the prepayment of the amount, without consideration to any originally agreed term of payment, and the settlement of outstanding invoiced amounts, without creating any claims of Customer against Contractor.

8. Breach of Contract / liability:

(1) Damages due to breach of obligations shall attach to Contractor’s actions only if Contractor acted wilfully and in gross negligence. Liability for minor negligence on the part of Contractor shall be excluded. Such limitation shall not apply to damages for injuries to life, limb and health or for breaches of substantial contractual obligations.
(2) Liability vis-à-vis merchants for property damage or financial loss in the event of gross negligence of a vicarious agent shall be limited to such damages as are typical of contracts and foreseeable.
(3) Liability for indirect damage, particularly loss of earnings, shall be excluded.
(4) Contractor shall not be liable for the non-performance, delay, interruption or termination of Placement caused by circumstances beyond the control of Contractor (e.g., strike, force majeure, construction/demolition work carried out or commissioned by public authorities, outages or disruptions of online and mobile communications due to internal or external factors, program failures as a result of technical defects beyond the control of Contractor). In the event of the non-performance, delay, interruption or termination of Placement caused by circumstances for which Contractor is responsible, Customer will be offered a replacement slot for the down time. If the purpose of the advertising cannot be achieved by means of a replacement slot, Contractor shall reimburse Customer the fees already paid for the slot time lost. Customer shall have no further claims in excess thereof.
(5) Contractor shall be notified in writing of any obvious defects immediately upon commencement of Placement or at the latest up to 1 week after completion of Placement.

9. Jurisdiction:

To such extent as permitted under the law, the place of jurisdiction shall be Cologne, Germany.