TERMS AND CONDITIONS

I. Object of the Company

The object of the Company is the marketing of all forms of advertising space on the Internet. The execution of orders placed and accepted is done by the Company in its own name and for its own account on behalf of the respective advertising client (hereafter "Client").

II. Warranty

  1. The Client undertakes to check the advertisement immediately after it is uploaded or appears on the website or in other electronic media and to report any mistakes in writing at the latest within one week of the uploading or the appearance of the advertisement. If the complaint is not made in due time then the Client's warranty claims no longer apply.
  2. In the event that the advertising campaign contains errors, then the company is entitled to either choose an equivalent campaign, insofar as the purpose of the campaign was compromised, or to make a subsequent improvement thereto. Only when an equivalent campaign or subsequent improvement is shown to be impossible, having failed at least twice, has been unreasonably delayed or has been denied by the Company despite a reasonable deadline being set by the Client, the Client is entitled to rescind the contract (rescission) or to reduce the payment (reduction).
  3. An error in the advertising campaign as defined above does not apply if the alleged representation is caused by the use of an unsuitable presentation software or hardware (e.g. browser) or by disruption of the communication networks of other companies or by computer failure by the Internet service providers or online services or by incomplete and/or not updated offers on so-called proxy servers (cache) of commercial and non-commercial providers and online services that are outside of the area of responsibility/influence of the company, or by the failure of a server lasting no longer than 24 hours (continuous or aggregated) within 30 days from the start of the contractually agreed advertising campaign, due to force majeure, striking or other reasons that are outside of the company's control.
  4. If any errors occur during the execution of an order then the Client is not entitled to withhold payment for a different order. Offsetting is only permissible if the claim to be offset by the Client is not disputed or has been established as being legally effective.

III. Client's Obligations

  1. With the placing of an order, the Client confirms that it has acquired all required rights of use from the owner of copyrights, related rights and other rights regarding the advertising documentation and texts provided by it and that it is able to freely distribute them.
  2. The Client indemnifies the Company from all costs and claims of third parties that may arise for the Company as a result of the infringement of copyright, competition, press, judicial or other legal provisions.
  3. The Client is responsible for the prompt delivery of advertising material that is free from technical error. This also includes the technical set-up of the advertising materials in accordance with the specifications set out in the order confirmation. The Client shall bear the risk for the transfer of the advertising material insofar as any transmission problems do not arise within the Company's area of risk.
  4. If advertising orders are not able to be fulfilled, or are not able to be properly fulfilled, for reasons that are within the Client's area of risk, then the Client shall be invoiced for the agreed advertising nonetheless. If the Company is not at fault for any defective execution of the order or does not execute the order then the Customer cannot make any claims against the Company.
  5. The Client is not entitled, without the express prior agreement from the Company, to transfer or assign any rights or obligations from the contract to third parties. The Company can assign or transfer rights and obligations from the contract to a third party at any time. The Client expressly issues its agreement to this. If the Client was not advised of the transfer of rights or obligations, then it is entitled to pay the Company, effecting a valid discharge.

IV. Right to Withdraw from the Contract

  1. The Company reserves the right to withhold the advertising campaign, even after the contract has been concluded, for reasons that make the execution of the contract unreasonable for the Company. This is in particular the case if the advertising campaign infringes copyright, competition, press, judicial or other legal regulations.
  2. The Client is entitled to be informed of the reasons for the rejection. If the Client is unable to provide the Company with any new advertising material that meets its requirements then the Client is entitled to be reimbursed for any payments already made.
  3. If it is not the fault of the Company that the contract cannot be reasonably executed then any costs already incurred by the Company are to be deducted from this reimbursement. The Client is excluded from any further claims. If, in such a case, the Client had not yet made any payments then the Company can request reimbursement for costs already incurred.

V. Cancellation

  1. Clients are entitled to cancel orders and must do so in writing. If cancellations are made up to 4 weeks before the start of the campaign then no cancellation fees will be incurred.

VI. Prices

  1. The company price lists applicable at the time of the conclusion of the contract are applicable for the contracts, insofar as is not otherwise agreed on an individual basis.
  2. Price changes for the execution of advertising campaigns for agreed and confirmed campaign orders are effective if these are announced by the Company one month before the introduction of the new price. In the event of this, the Client is entitled to withdraw from the contract. This must be done within five working days from receipt of the notification by issuing a declaration.

VII. Area of Application

  1. The following conditions apply exclusively for all first-time, ongoing and future business to be concluded/already concluded with the Company. The Company shall not accept any conditions from the Client that deviate from the present Terms and Conditions. These will not become a component of the contract if the Company does not expressly disagree with these.
  2. The Client expresses its acceptance of these Terms and Conditions and the exclusive validity thereof when it places the order.

VIII. Conclusion of the Contract

  1. A contract between the Company and the Client comes into existence with a written order confirmation by letter, fax or email on the part of the Company or with the execution of the order by the Company. The Company is entitled to reject orders which it has not yet confirmed without specifying its reasons for doing so.
  2. Orders placed by the Client verbally and amendments to already confirmed orders are only effective when they are confirmed by the Company in writing.
  3. The company price lists applicable at the time of the conclusion of the contract are applicable for the contracts.

IX. Liability

  1. The Company is not liable for the sustained accessibility of the website, nor for the advertising campaign being able to achieve the desired results.
  2. The Company is only liable for damages, regardless of their legal basis, in the event of intent, gross negligence and the absence of a warranted quality. This also applies for agents and/or vicarious agents and legal representatives of the Company.
  3. In all other cases, the Company is only liable if significant contractual obligations (cardinal duties) are infringed. Damages are limited to typically predictable damages. There shall be no compensation for atypical or unpredictable damages.

X. Exclusion of Liability

  1. The Company shall not be liable for the currency, the accuracy of the content nor for the completeness of information on the website.
  2. The Company has no influence on the design or content of third party websites. It therefore distances itself from all third party content, even if there is a link to these external pages on the Company website. This applies to all links on the homepage and for all content on the pages that lead to banners and links as well as for third party entries in guest books, discussion forums and mailing lists set up by the Company.

XI. Copyright

  1. The homepage layout, the graphics and images used, the collection of contributions as well as individual contributions are protected by copyright. Any duplication or utilisation of the content without the express permission of the author is not permitted. The Company reserves all rights.

XII. Place of Execution and Place of Jurisdiction

  1. The place of execution and the place of jurisdiction is, insofar as this is legally permissible, the place of the Company headquarters. The company is, however, entitled make claims against the Client in another court responsible for dealing with such claims.
  2. The conclusion of contracts is governed exclusively by Swiss law.

XIII. Miscellaneous

  1. Amendments or additions to the contract must be done in writing in order to be legally valid. There shall be no verbal subsidiary agreements.
  2. Should any individual sections of the above Terms and Conditions be or become invalid then the remaining provisions of these Terms and Conditions shall remain valid.

XIV. Payments

  1. Invoices are to be settled immediately upon receipt, with no deduction, into the account specified by the Company. The deduction of cash discounts requires special written agreements.
  2. Should satisfaction of the payment claim be jeopardised on account of the deterioration of the Client's financial situation occurring or becoming known after the conclusion of the contract then the Company can postpone executing the campaign order until payment is made or can request an advance payment or other securities for other advertising campaigns regardless of any previous agreement.
  3. If the Client is fully or partially late in meeting its payment obligations then interest on arrears of 5% annually over the ECB basic interest rate is to be paid, insofar as the Company does not verify greater damages.
  4. The Company is entitled to request prepayment and only to provide the service upon receipt of the invoice amount.
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