GENERAL TERMS AND CONDITIONS
Terms and conditions for advertising clients of adbility media GmbH
1. Advertising contract1.1 The content of this advertising contract between adbility media GmbH (hereinafter “adbility”) and advertising clients for the placement of promotional materials on websites marketed by adbility (hereinafter “Campaign”) arises from the booking confirmation issued by adbility and these general terms and conditions for advertising clients of adbility media GmbH (hereinafter “GTC”), which will apply additionally.
2. Requirements of promotional materials made available by advertising clients2.1 Promotional materials may consist of an image, text, audio file, moving pictures or of a so-called “sensitive” surface, which when clicked establishes a connection to additional information and data via a web address provided by the advertising client, which can be in the form of links, banners, etc. The technical specifications of the promotional materials result from the booking confirmation.
3. Service obligations for adbility3.1 adbility will publish promotional materials in accordance with the campaign agreement reached in the booking confirmation, which stipulates the amount and type of promotional materials and which websites marketed by adbility or on which channels (thematic website groups) or networks within a website the materials will be placed. Furthermore, adbility will ensure the delivery of the promotional materials for the agreed upon period of time and scope. Insofar as the booking confirmation does not expressly state otherwise, the advertising client is not entitled to a specific placement of the promotional materials on specific marketed websites. adbility will make decisions hereupon with consideration of the interests of the advertising client.
4. Obligations of the advertising client4.1 The advertising client will provide adbility with all data and information required for the placement of advertising material in a timely manner and in full, no later than five business days prior to the negotiated date of placement and in the formats stipulated by adbility (gif/jpg/…).
5. Calculation of fee5.1 The fee is calculated based on ad impressions, provided that no fee has been agreed upon in writing based on ad clicks. Ad impressions and ad clicks are jointly referred to as “fee units.” A fee unit is deemed to have been already generated if the relevant website has been accessed, and not merely after the delivery of the relevant advertising material to the website has been completed.
6. Terms of payment6.1 The price list for advertising clients applicable on the date of the grant of contract/booking by the advertising client will apply. All prices stated by adbility are without additional value-added tax in the applicable amount under law.
7. Right to advertising materials7.1 The advertising client ensures that they have at their disposal all the rights required to place the advertising material. Provision 4.5 applies accordingly for the culpable breach of the proprietary rights of third parties.
• archiving and database right, meaning the right to archive the content in any form and to also digitally collect it, place it into databases and store it on all known storage media and on any data carrier whatsoever and to combine it with other works or parts of works.
• reproduction and dissemination right, meaning the right to store and reproduce at will and provide full or partial access or disseminate in full or in part in electronic or other media (e.g. Internet, newspapers, magazines).
• processing right, meaning the right to process content at will, particularly to alter, shorten, supplement and combine with other content.
• adbility is particularly permitted to have the previously mentioned action taken by third parties, as well.
8. Liability of adbility8.1 Unless otherwise provided in these GTC including the below provisions, in case of any breach of contractual and extra-contractual provisions the liability of adbility will be subject to the relevant statutory provisions.
• for damages arising from injury to life, body or health.
• for damages arising from a non-insignificant breach of an essential contractual obligation (obligations, the fulfillment of which enables proper implementation of the contract in the first place and the observance of which the contracting party regularly trusts and is entitled to expect). In such an event, the liability of adbility is limited to the reimbursement of foreseeable, typically occurring damages.
• loss of data if the advertising client has not ensured through the creation of backup copies of their data portfolio or in another manner that the advertising material can be restored with reasonable effort. Otherwise, the liability of adbility is limited to the typical expense of restoration.
• for defective data provided by advertising agencies or advertising brokers or third parties acting on behalf of the advertising client or the advertiser.
• for the quality of the reproduction of image files, especially not for deviations in color.
• for damages from an abridged or adulterated appearance or from the improper use of data by third parties.
• for ensuring that the placed advertising material is in compliance with the legal requirements of the country in which it be viewed/retrieved or in which the advertising client or the advertising has their registered office.
• adbility will not assume any warranty or liability for the enforceability, under the local law of the country in question, of the contracts under negotiation or entered into based on the placed advertising material. The same applies for the creation of other legal or commercial disadvantages for the parties to the contract.