financial advertising AG
Headquarter:
Bahnhofstraße 6
D-56470 Bad Marienberg
Phone: +49.2661.28495.0
Fax: +49.2661.28495.99
info[@]financial-advertising.de
General Business Terms and Conditions
1. Delivery Period/Scope:
The client undertakes to provide the material required for the execution of the respective advertising contract on a timely basis. More details are included in the order processing provisions of the individual online service.
In case advertising contracts are not executed or executed improperly due to the fact that the material required for the production of the advertising measure are not supplied on a timely basis, are provided in an inadequate condition, or are supplied with an incorrect designation, the agreed advertising measure will be invoiced.
The client is not entitled to any claims for compensation whatsoever; the client bears all risks during the transmission of advertising material.
Technical modifications which may be attributed to the legislation will be reserved during the delivery period, as long as the material required for the execution of the advertising measure is not significantly altered and the modification is not unreasonable for the client.
2. Placing the Ad online
Reproduction will be effected in the normal quality applicable to online service agencies.
The client undertakes to check the ad immediately upon online placement and to claim any faults without delay. In case of a late claim of faults, the client shall bear the costs for any desired modifications.
Placements in online services will be made following an assessment by Financial Advertising, provided no other agreements have been made in writing between the client and Financial Advertising in the order confirmation.
In case of subsequent contracts placed discontinually the client shall have no rights whatsoever of receiving an identical online placement.
3. Liability Failure or Delay
If the execution of an advertising contract fails for editorial or technical reasons, due to force majeure, strike, due to legal provisions or due to other reasons, execution of the advertising contract will either be accelerated or made up later, all in accordance with existing options.
As far as this delay is not insignificant, the client will be informed of this situation.
This information shall be provided prior to the modification, provided this is reasonably feasible within an existing time frame. Under the same conditions the client shall be informed in case the ad is placed in a different environment than originally planned.
Provided the client does not object in writing against the delay of the advertising contract or the placement in a different environment within a period of five working days, this shall be considered as a consent by the client.
In the event the client objects against the proposed acceleration, catch-up, or incorporation into a different advertising environment, the client shall be entitled to receive a compensation for any payments he made so far with respect to this contract, less services Financial Advertising has already rendered in order to launch the contract in question.
Further claims of the client shall be excluded.
4. Changes in Price
The price list published on the internet at the time of the award of the contract shall be valid.
Changes in price shall be permissible in case more than 2 months lie between the conclusion of the contract and the agreed delivery date. If, up to the completion of the delivery, salaries, material costs, or market related prices for the online placement increase, we shall be entitled to adequately raise our price in accordance with the increased costs.
The client may only withdraw from the contract if the price change is considerably higher than the increase in the general costs of living.
In case the client is a businessman, a corporate body under public law, or a special asset governed by public law, price changes may be made in accordance with the above provisions, provided a period of more than 4 weeks lies between contract awarding/conclusion and the agreed delivery date.
Further claims of the client shall be excluded.
5. Liability:
Financial Advertising may only be made liable for damages caused by the company itself, it’s representative or subcontractor through an act of gross negligence or intentionally.
In cases of a violation of essential contractual obligations, if it is impossible to render the required services or in case of a delay, liability shall be limited to damages that may normally be predicted in such cases.
As far as the amount is concerned Financial Advertising will in no event be liable for higher damages than the actual invoiced amount (net) to be paid by the client.
6. Privacy Protection
The parties to the contract undertake to keep all data and information confidential of which they gain knowledge in connection with the execution of this contract, and not disclose such data and information to any third party. This obligation shall continue beyond the validity of this contract.
The contract will be processed considering the applicable legal provisions with respect to the protection of privacy.
7. Miscellaneous
Modifications and amendments to this contract including all additional agreements and changes to these clauses must be made in writing. Place of performance and jurisdiction shall be the registered seat of financial advertising AG.
In case individual portions of the above terms and conditions are or will become invalid, the remaining terms and conditions shall still be valid.
An invalid clause must be amended or replaced by a provision in a way that the replacement comes as close as possible to the purpose of the original provision.
The law of the Federal Republic of Germany shall be valid.
8. Contract Partner and Scope of Validity
In the scope of marketing advertising space in online media Financial Advertising assumes responsibility for the consulting, brokerage, and placement of advertising space and offers beyond in their online quotations.
9. Contract Conclusion
Quotations submitted by Financial Advertising are non-binding. A contract will only be concluded by a confirmation of the advertising contract in writing on behalf of Financial Advertising, by placing the ad in the online services, or by any other act of rendering the advertising services.
Additional agreements made orally or via phone must be confirmed in writing.
The contract will be agreed in the confirmed scope, if necessary, in a different scope as laid down in the contract, even though placement has not yet been agreed.
Only the present terms and conditions and the price list which constitutes a significant part of the contract shall be valid for the execution of the contract. The validity of the client’s general terms and conditions shall be explicitly excluded as far as they do not comply with the present terms and conditions.
10. Contracts by Advertising Agencies and/or Advertising Clients
Contracts by advertising or media agencies will only be accepted for advertising clients with an exactly defined name. Financial Advertising reserves the right to request written proof of the mandate.
Advertising for products or services of an indicated client must in any case receive the prior assent by Financial Advertising.
11. Minimum Booking Volume
Minimum accounting volume is EUR 2,500.- plus the applicable VAT of currently 19%.
12. Exclusion of Competition
Exclusion of competition may not be granted.
13. Authority to Refuse Contracts
Financial Advertising reserves the right to refuse acceptance of advertising contracts incl. individual portions in the scope of one contract – due to content, origin, or technical form following uniform, objective principles. This shall be particularly valid in case contents violate any laws or regulatory provisions, or their publishing may be conidered unreasonable for Financial Advertising.
14. Processing Year
The period for the processing of a contract shall be one year starting with the publishing of the first advertising means.
15. Contract Expansion
When concluding contracts the client shall have the right within the agreed period – see also no. 7 – to access additional advertising means, provided additional capacities are availale. Prices for such an expansion may be seen from the current price list.
16. Discounts
Discounts will only be granted on mere media costs. Expenses for designing advertising means are excluded from the discount scales quoted in the price lists.
In the event that a contract is not excecuted for reasons for which Financial Advertising may not be held responsible, the client must refund the difference amount between the granted discount and the actual scope called up to Financial Advertising, notwithstanding any other existing legal obligations.
If the client concluded a contract in which he is entitled according to the price list to receive a discount from the start of the validity period, he shall have the right to claim the corresponding discount in retrospect in relation to his actual utilization of advertising vehicles.
The claim for a discount in retrospect must be filed within two months upon expiry of the annual period (or any other period agreed with the operator of the website); otherwise the claim shall expire.
17. Contract Cancellation
By confirmation in accordance with number 2 of these provisions, online placement of an ad will be accepted as a fixed order. In individually motivated cases Financial Advertising may, at its own discretion, grant the client the option of withdrawing from the contract up to a period of 6 weeks prior to the online placement of an ad or any other form of advertising service rendered.
The cancellation claim must be received at Financial Advertising in writing and has to be approved. This provision will not affect the right for withdrawal according to number 16 of the present regulations.
Cancellations received within 2 weeks prior to online placement or during the placement of banners or ads will be invoiced with a lump processing fee of 20% of the net booking volume of the respective contract. In addition to this, the banner/ad volume delivered up to the cancellation will be invoiced as well.
18. Delay of Payment
In case of delay of payment or extension an interest rate of 5% in excess of the applicable bank rate and collection costs will be charged. In the event of delay of payment Financial Advertising may delay further execution of the current contract until the payment is effected and may also request advance payment(s) for the remaining ad placement.
In case of justified doubts with respect to the liquidity of the client, Financial Advertising shall have the right, even during the valid contract period, to condition the publishing of further ads on an advance payment of the due amount and the settling of open invoices, without having to consider any originally agreed term of payment.
19. Client’s Responsibility with respect to Press, Competition, and aspects of Copyright
The client shall bear the sole responsibility for the ads with respect to aspects of press, competition and other topics. By placing the order the client confirms that he has acquired all rights of use required for an online placement of the ads from the proprietors of copyrights, intellectual property rights and any other rights for the advertising documents and texts provided by him and that he may dispose freely of such material. The client liberates Financial Advertising and its online service of all claims brought forward by any third party whatsoever and shall be liable to Financial Advertising and the online service for any damages arising from the placement of the ad.