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General Terms and Conditions – Events
1. Scope, Definitions
These general terms and conditions for events (hereinafter referred to as “GTC”) of ProSecurity Publishing GmbH & Co. KG, Gebäude 664, 55483 Hahn-Flughafen, Germany (hereinafter referred to as “provider” or “we”), apply to all contracts, supplements, extensions and modifications of contracts between the provider and his customers (hereinafter referred to as “customer” or “you”) concerning the provision of event services (hereinafter referred to as “service”). All such contracts, supplements, extensions and modifications are hereinafter collectively referred to as “contract”.
Conflicting general terms and conditions of clients shall not apply unless explicitly accepted by the provider in writing. They are also not applicable if they do not or only partially contradict the general terms and conditions of the provider.
2. Conclusion of the Contract / Transfer
The client shall issue a binding performance order using the order form of the provider provided for this purpose (hereinafter referred to as “order form”).
A contract for the service shall be concluded upon provision of a declaration of acceptance/order confirmation by the provider in writing or text form. In the absence of a declaration of acceptance/confirmation of order or in the event of prior performance of the service by the provider, the service order shall be deemed accepted upon performance of the service.
If the number of participants is limited, the acceptance is usually made based on the date the registration is received.
With the exception of the scope of application of § 354a HGB (German Commercial Code), the client is only permitted to transfer the service agreed in the contract to third parties with the prior written consent of the provider.
3. Subject of the Contract, Execution
The scope and content of the service is based on the article description (“article profile”), the provisions of the contract and additionally on these GTC. The general terms and conditions are available and may be downloaded at www.prosecurity.de. The article description in PDF format can be sent to the client at any time for his files.
The provider is always entitled to have the service performed by subcontractors. This also applies if only the provider is named as the performing party in the context of these GTC or other contractual documents.
4. Scope of Services / Change of Execution / Cancellation by the Provider
The service is provided in accordance with the principles of proper practice of profession by qualified personnel; the selection of personnel is at the provider’s discretion.
Unless otherwise agreed, a lunch, snacks and soft drinks as well as the seminar documents are included in the fee. Costs for travel to and from the event, accommodation and meals outside of the event are to be paid by the participants themselves if necessary and are not included in this fee.
The service will take place at the specified location at the specified time.
The provider reserves the right to change the location and / or time of service provision, to cancel it or to engage another speaker. This applies in particular in case the number of participants does not cover the costs, the short-term unavailability of speakers, force majeure, disruptions at the event location or other circumstances for which the provider is not liable. The provider shall make every effort to inform the customer of any changes at least one week before the planned service.
The client shall have no claims, in particular for reimbursement of travel and accommodation costs in case of changes or cancellation of the service.
The provider reserves the right to make necessary changes in content and/or organization (e.g. if the minimum number of participants is not reached). This as well as a replacement of the instructor does not entitle the client to withdraw from the contract or to reduce the payment of the service.
5. Reservation of Rights
The provider reserves all rights to any handouts, presentation slides or other materials and documents (referred to in these terms and conditions as “seminar documents”) provided and/or offered for download as part of the service. Seminar documents are only available to the participants of the service and may not- not even partially, be duplicated, reprinted, electronically processed, published, made publicly accessible or passed on to third parties in any form, including for own training purposes, without the written consent of the provider and the instructor.
6. Contract Period / Withdrawal
The term of the contract begins and ends at the contractually agreed dates. In the case of prior service provision by the provider, the term of the contract begins with the beginning of the service provision.
The provider is entitled to withdraw from the contract, if
- before receipt of the complete payment, the opening of an insolvency procedure over the client’s assets is rejected due to lack of funds
- before receipt of the complete payment by the provider, justified doubts about the creditworthiness of the customer arise, in particular if insolvency or debt settlement proceedings are applied for or opened against the customer’s assets, or
- a fundamental change in the legal or technical standards that could not be foreseen at the current time or other circumstances make it unreasonable for the provider to provide the contractual service.
In the first two cases, the provider is entitled to the payment agreed on.
In the third case, the customer shall pay for services provided up to the date of termination.
Cancellations and changes of service orders must be made in writing.
In case of cancellation or no-show of the client / participant, the following costs will be charged:
- 4 months before the start of the service: 70 % of the agreed fee.
- 3 months before the start of the service: the agreed fee in full.
The right to extraordinary cancellation for good reasons is not affected by this section.
8. Changes of General Terms and Conditions, Service Conditions and / or Prices
The provider is entitled to change the general terms and conditions, service conditions and/or prices with reasonable advance notice, provided that the change is acceptable for the customer, taking into account the interests of the provider. The provider shall notify the customer of such changes in writing.
Furthermore, the provider reserves the right to change the GTC
- If only the client benefits from the change;
- if the change is solely technical or process-related, unless it has significant effects for the client;
- if the provider is obliged to ensure that the terms and conditions comply with applicable law, in particular if the applicable legal situation changes
- if the provider thereby complies with a court decision or a decision by the authorities directed against the provider; or
- if the provider introduces additional, completely new products, services, or product/service elements which require a performance specification in the GTC, unless the changes to the previous performance relationship have adverse effects.
The provider shall inform the customer of such changes to the GTC.
9. Liability of the Provider / Corrective Measures
The service is prepared and carried out with due diligence according to the respective state of knowledge. Seminar documents are prepared in a diligent manner. However, the provider does not assume any liability for the correctness and accuracy of the seminar contents and documents.
The provider is not liable for loss of or damage to objects brought by the participants, except in cases of intentional or grossly negligent conduct by a legal representative or agent of the provider.
In the event of complete or partially defective performance by the provider, the client shall be entitled to a claim for rectification. If the rectification of defects fails, the client has the right to a reasonable reduction of the price. The reduction shall be made to the same extent to which the purpose of the contract has been impaired (maximum of 40%). Further claims are excluded.
If the service fails or is delayed for reasons beyond the provider’s control, in particular due to force majeure, strikes, changes in legal regulations, disruptions third parties are responsible for (e.g. technical problems of platform operators, providers or network operators) or for comparable reasons, the service will be made up for as far as possible. If the circumstances mentioned above make the service impossible, the provider is released from the obligation to perform. The contractual claims of the provider are not affected by this. If the restriction lasts longer than 12 months, the client is entitled to withdraw from the contract with regard to the unfulfilled part after granting a reasonable grace period.
If the provider is behind schedule with the performance and the customer is an entrepreneur or a corporation under public law, the client may – if he can credibly demonstrate that he has suffered damage, demand compensation for each completed week of the delay of 0.5%, but not more than 5% of the price for the part of the services affected by the delay. The client, who is an entrepreneur or a public corporation, is only entitled to further claims due to the delay in delivery in cases of deliberate, gross negligence or the cases of delivery by a fixed date.
The provider shall only be obliged to pay damages, regardless of the legal basis, if he, his executive staff or his subcontractors are guilty of deliberate or gross negligence.
In the case of minor negligence, the provider shall only be liable to the extent that the breach of the contractual obligations endangers the purpose of the contract.
The provider assumes no liability for errors of any kind resulting from telephone transmission.
In case of force majeure, all claims for damages are excluded.
10. Payments / Compensation /Retention
The prices quoted are always net prices, excluding the statutory value added tax.
Unless otherwise agreed, the provider is entitled to ask for advance payment.
Unless otherwise agreed, invoice amounts are to be paid within 14 days after the invoice date.
The provider shall forward invoices to the customer by email or by mail at his own discretion. If applicable, the customer agrees to an exclusive dispatch of the invoice by email and it is understood that in this case a paper invoice is not owed.
Mediators and other third parties are not authorized to accept payments on behalf of the provider.
If the client is in behind schedule with a payment, the provider may
- withhold the performance
- declare all amounts agreed for the (remaining) term of the contract due and payable immediately, regardless of the originally agreed payment terms, and
- predicate further provision of services depending on the settlement of all outstanding amounts.
The client is only entitled to compensation and/or retention, even if notices of defects or counterclaims have been made, if the counterclaims have been legally confirmed or are undisputed.
The client is only authorized to exercise a right of retention insofar as counterclaims from the same contractual relationship exist against the provider.
11. Image and Sound Recordings
The client/participant is not permitted to make image and sound recordings during the provision of services.
The provider is entitled to have photographs, drawings and film recordings of the service, the participants and the service content taken and to use them for print media, internet and press publications relating to the provider’s products and services – also for advertising purposes – without requiring an express consent by the person concerned. Should the person concerned not agree to the publication of a photograph of himself/herself in individual cases, he/she needs to inform the photographer responsible immediately.
If a person concerned does not agree to the publication of a photographic representation of his or her person, we need to be informed in writing immediately, specifying the exact name of the picture. In this case, the image will be removed and no further publication will take place.
12. Data Protection
The provider is entitled to process personal data to the extent necessary for the provision of services.
The collection, processing and use of personal data of the client and/or the participants is based on the Federal Data Protection Act (BDSG) and the EU Data Protection Basic Regulation (DSGVO).
The collection, storage and processing of personal data is essential for the provision of services. The data will be passed on to third parties who are directly involved in the provision of the service and if the organizational process requires. The basis for data processing is Art. 6 Par. 1 letter B DSGVO, which permits the processing of data for the fulfilment of a contract or pre-contractual measures.
With the registration for the service, the client declares – where appropriate also for (additional) participants specified in the service contract – that the information provided by the client about the participants may be recorded, stored, processed and passed on to third parties in accordance with the above-mentioned requirements.
13. Revocation Instruction
If the client is a consumer, i.e. if he concludes the contract for a purpose that can be attributed neither to his commercial nor his independent professional activity, he has a right of revocation.
Right of Revocation
You may revoke your contractual declaration in writing (e.g. letter, fax, email) within 14 days without specifying reasons. The period begins after receipt of this instruction in text form, but not before the conclusion of the contract. The timely sending of the revocation is sufficient to comply with the revocation period. The revocation is to be addressed to:
ProSecurity Publishing GmbH & Co. KG, Gebäude 664, 55483 Hahn-Flughafen, Fax: 06543-50-8564, E-Mail: email@example.com
Obligations for the refund of payments must be fulfilled within 30 days. The period begins for you with the sending of your revocation declaration, for us with its receipt.
In the event that the participation fees have to be transferred back to a bank not located in Germany and additional bank charges are incurred for this, these are to be borne by you. We will then retransfer the participation fee minus the bank charges.
The place of jurisdiction for all disputes arising from the concluded contract is Mainz.
The law of the Federal Republic of Germany shall apply.
Should one or more of the provisions of these GTC be or become invalid, the validity of the remaining provisions shall not be affected, unless the parties reach an agreement that serves the purpose intended by the invalid provision.
As of: October 2019
General Terms and Conditions for Advertisements and Third-Party Inserts in Magazines and Online as well as General Terms and Conditions for the Creation and Sending of Author Contributions
The following general terms and conditions for advertisements and third-party inserts in magazines and online as well as the general terms and conditions for the creation and sending of author contributions apply to all contracts between ProSecurity Publishing GmbH & Co. KG, represented by the management, Mrs. Ilse Klaus, Gebäude 664, 55483 Hahn-Flughafen (hereinafter also referred to as the publisher) and our contractual partners (clients/authors). We reserve the right to change the terms and conditions to an extent that is reasonable for our contractual partners. For ongoing obligations, the amended terms and conditions shall become valid if and insofar as the customer does not object to them in writing within 14 days of receiving a corresponding notification from us.
We shall only be bound by the purchasing conditions of our contractual partners if they have been explicitly accepted by us in writing. If we render our services in whole or in part without express objection, this shall not be deemed to be an acknowledgement. Conflicting general terms and conditions of contract are invalid, regardless of the time of their contractual inclusion. In case of doubt, the law applies.
General Terms and Conditions for Advertisements and Third-Party Inserts in Magazines
- “Advertisement order” in the sense of the following general terms and conditions is the contract for the publication of one or more advertisements of an advertiser in a print magazine for the purpose of distribution or the publication of the advertisement in electronic media, in particular the internet.
- Our order confirmation and the price list valid at the time apply for each order. Price changes in respect to orders already awarded can be applied to companies if the publisher has notified them thereof at least one month prior to publication of the advert or other advertising material. In the event of a price increase, the client has the right to withdraw from the contract. The right for withdrawal must be exercised in written form within 14 days after receipt of the notification of the price increase.
- A “conclusion” is a contract for the publication of several advertisements, taking into account the discounts to be granted to the advertiser according to the price list, whereby the respective publications are made at the request of the client. Discounts shall not be granted if several advertisements are commissioned by one company for different advertisers.
- Advertisements shall be requisitioned for publication within one year after conclusion of the contract. If the right to requisition individual advertisements is granted within the framework of a contract, the order shall be processed within one year of the publication of the first advertisement, provided the first advertisement is requisitioned and published within the period specified in sentence 1.
- If joint discounts are claimed for group-affiliated companies, written proof of the advertiser’s group status is required.
- The customer may, by agreement, commission further advertisement within the agreed time period or the period specified in Item 4, also beyond the quantity of advertisements specified in the order, provided that corresponding advertising space is still available in the publisher’s print/electronic medium.
- If an order is not fulfilled for reasons for which the publisher is not responsible, the customer shall, notwithstanding any other legal obligations, reimburse the publisher for the difference between the discount granted and the discount applicable for the actual purchase.
- Orders for advertisements and third-party inserts that are expressly to be published exclusively in specific numbers, specific issues or in specific places in the publication must be received by the publisher in sufficient time so that the customer can be informed before the advertising deadline if the order cannot be executed in this manner. Classified advertisements shall be printed in the respective section without this requiring an explicit agreement.
- Text part advertisements which are not detectable as advertisements due to their editorial design, will be clearly identified as such by the publisher using the word “advertisement”.
- The publisher reserves the right to reject advertisement orders – including individual requisitions within the framework of a contract – and insert orders on the grounds of content, origin or technical form in accordance with the publisher’s uniform, objectively justified principles, if their content violates laws or official regulations or has been objected to by the German Advertising Council in a grievance procedure or if their publication is unacceptable for the publisher. Orders for inserts are only binding for the publisher after a sample of the insert has been submitted and approved. Inserts which, due to their format or presentation, leave the impression of being part of the magazine or which contain third-party advertisements will not be accepted. The client will be informed immediately when an order is rejected.
- The client guarantees that he owns all rights necessary for the placement of the advertisement. Solely the client is responsible for the content and the legal permissibility of the text and image documents provided for the insertion as well as the advertising material supplied. Within the framework of the advertising order, he shall indemnify the publisher from all claims of third parties which may arise due to the violation of legal provisions. Furthermore, the publisher shall be released from the costs of necessary legal defense. The customer is obliged to support the publisher in good faith with information and documents in the legal defense against third parties. The customer shall transfer to the publisher all copyright use and ancillary copyright use and other rights necessary for the use of the advertising in print and online media of all kinds, including the Internet, in particular the right to duplicate, distribute, transmit, broadcast, make publicly available, remove from the database and retrieve, in terms of time and content, to the extent necessary for the execution of the order. The aforementioned rights shall apply in all cases without any restriction regarding locations.
- The client is responsible for the timely delivery of the advertisement text and proper publication documents (artwork or advertising banners programmed in an Internet-compatible language) or inserts. When submitting digital printing documents, the customer is obliged to provide proper templates for advertisements, in particular in accordance with the format or the technical specifications of the publisher, in ample time before the publication. The publisher shall immediately request a replacement for obviously unsuitable or damaged artwork. The publisher guarantees the normal print quality for the title in question within the scope of the possibilities provided by the printing documents. If the publication is made in electronic media, the publisher shall only guarantee the publication of the advertisement in the agreed place at the agreed time. The above guarantees apply if the customer complies with the publisher’s specifications for the creation and transmission of print or electronic documents.
- In business transactions, warranty rights of the customer presuppose that the customer informs the publisher in writing of any defects immediately, but no later than one week after publication; the publisher must be informed of hidden defects in writing immediately after detection. The publisher shall remedy defects subject to warranty by means of a replacement advertisement free of charge for the customer. If the publisher seriously and definitely refuses to fulfil the contract or if the replacement delivery fails, is unacceptable for the client or if the publisher has refused it due to disproportionate costs, the client may, at his discretion and in accordance with the statutory provisions, withdraw from the contract, reduce the purchase price or claim damages (or, if applicable, reimbursement of his expenses). In the event of insignificant defects in the advert or other advertising material, the cancellation of the order is not possible. The period of limitation for warranty claims is 12 months from the date of publication.
- The publisher shall be liable without limitation for damages in accordance with the statutory provisions, unless otherwise stated in the following sentences. In the event of a significant breach of contractual obligations, the publisher shall also be liable for minor negligence, limited in amount to the foreseeable damage typical of the contract. Other than that, the publisher shall not be liable for minor negligence. In the event of gross negligence, liability in commercial transactions shall be limited to compensation for typically foreseeable damage. This shall apply to all claims for damages, regardless of the legal basis, in particular also to liability for tort. The client is obliged to take appropriate measures for the prevention and minimization of damages.
- Proofs for advertisements appearing in printed media will only be supplied upon explicit request. The client is responsible for the correctness of the returned proofs. The publisher shall make all corrections which he was informed of within the time period that was specified when the proof was sent.
- If no specific size is identified, the actual print height customary for the type of advertisement shall be used as a basis for the calculation.
- If the client does not make advance payment, the invoice shall become due for payment upon publication of the advertisement, at the latest 10 days after publication of the advertisement, unless a different payment plan has been agreed upon in individual cases. As an alternative, the payment may be collected by direct debit if previously agreed upon. The customer issues a SEPA mandate if he wishes to participate in the direct debit procedure. Payment will be occur via direct debit from the account designated for this purpose not earlier than five working day after the invoice date.
- In case of default or deferment of the payment, interest and collection costs will be charged. In the event of default, the publisher may defer further execution of the current order until payment has been made and require advance payment for the remaining advertisements. In case of justified doubt if the customer will be able to make payment, the publisher shall be entitled, even during the term of an advertising contract, to make the publication of further advertisements dependent on advance payment and on the settlement of outstanding invoice amounts, regardless of any originally agreed payment period.
- The publisher shall provide a copy of the advertisement with the invoice. Depending on the type and scope of the advertising order, advertisement clippings, pages or complete issues will be supplied.
- The customer shall bear the costs for the production of ordered printing documents as well as for substantial changes to originally agreed designs requested by the customer or for which the customer is responsible.
- Printing material will only be returned to the client if explicitly requested to do so. The retention period for the documents ends three months after the end of the order.
- In case of a disruption of operations or in cases of force majeure, illegal strikes, illegal seizure, traffic disruptions, general shortage of raw materials or energy and the like – either in the publisher’s business operations and in third-party operations with whom the publisher works with to meet its obligations – the publisher shall be entitled to full payment for the published advertisements if the publisher’s object has been delivered by the publisher to at least 60 % of the average circulation sold or otherwise disseminated by the publisher over the last four quarters. In the event of smaller deliveries by the publisher, the invoice amount shall be reduced in the same proportion as the guaranteed sold or distributed circulation compared to the actually delivered circulation.
- Cancellations must be made in writing. For cancellations made on the day of the advertising deadline or after that date, cancellation costs in the full order amount will be incurred. However, in each specific case, the client shall be granted the right to prove that the publisher has suffered no or lower damages.
- Should one or more of the provisions of these general terms and conditions be or become invalid, the validity of the remaining provisions shall not be affected. The invalid provisions shall be replaced by the statutory provisions, unless the parties reach an agreement that achieves the purpose intended by the invalid provision.
- The place of performance is the registered office of the publisher. Place of jurisdiction is the registered office of the publisher. If claims of the publisher are not claimed in dunning proceedings, the place of jurisdiction for non-merchants is determined by their place of residence. If the domicile or usual place of residence of the client is unknown at the time the action is filed or if the client has moved his domicile or usual place of residence outside the scope of the law after conclusion of the contract, the publisher’s registered office is agreed as the place of jurisdiction.
General Terms and Conditions for the Creation and Sending of Contributions by Authors and other Originators
- The author(s) or the originator(s) of other contributions (e.g. photographer, illustrator, caricaturist, hereinafter in summary also referred to as author(s), will submit the contributions to the publisher electronically and, if necessary, additionally as machine copy. If an author submits the script in electronic form, it is agreed that he/she will submit it as a Word file or Word-compatible file.
- The originator assures that the contributions will be prepared by himself, using due diligence. When preparing the contributions, the author(s) will strictly observe the copyrights of third parties and will not copy from the works of third parties or otherwise adopt them or quote them without citing the source. In this context, the originator reassures that he (or she) can freely dispose of the copyrights to his (or her) work and that he (or she) has not made any dispositions in this regard up to this date.
- The originator conveys to the publisher the exclusive right to reproduce and disseminate the contractual contributions written or prepared by him/her for the duration of the retention period (publishing right) for all issues and circulations with no restriction on the number of copies and for all languages and to publish the contributions also in collected editions. In particular, the author(s) also grant(s) the publisher the right to store the contributions in databases for retrieval for a fee or free of charge and to reproduce and distribute them offline and/or online. In addition, the publisher is granted the right to edit and change the contributions. In doing so, the publisher will respect the moral rights of the author(s).
As of: October 2019
General Terms and Conditions for Subscriptions of ProSecurity Publishing GmbH & Co. KG
These general terms and conditions – subscriptions (hereinafter referred to as “GTC”) apply for contracts between ProSecurity Publishing GmbH & Co. KG, Gebäude 664, 55483 Hahn-Flughafen
(hereinafter referred to as “provider”) and subscribers (hereinafter referred to as “subscribers”) via subscriptions.
Delivery and services of the provider are provided exclusively on the basis of these GTC.
Any conflicting general terms and conditions of the subscriber shall not apply unless explicitly accepted by the publisher in writing. They shall also not apply if they do not or only partially contradict the general terms and conditions of the publisher.
2. Conclusion of the Contract, Correction of Entry Errors; Storage of the Text of the Contract
On the order form provided for this purpose (printed or electronic), (hereinafter collectively referred to as “order form”) the subscriber places a binding order. On the website, the order is placed when the subscriber orders the items placed in the shopping cart by clicking the mouse or by pressing the “Enter” key on the button “Buy / Order subject to charge”.
After receipt of the subscriber’s order form, the subscriber will receive a confirmation of receipt of the order by email (order receipt confirmation), in which the order data is listed.
The contract is concluded exclusively in German language.
The Subscriber can correct input errors for online products on the provider’s website before sending the order form using the technical means provided on the website and the general functions of his internet browser and keyboard/mouse. By clicking on the “Buy / Order subject to charge” button, the subscriber places a binding order. Entry errors cannot be corrected thereafter.
3. Terms of Delivery and Payment
The delivery of the services is carried out during the agreed subscription period under the conditions agreed.
If the delivering company returns the mailed goods to the provider because a delivery to the subscriber was not possible, the subscriber bears the costs for the unsuccessful delivery.
For direct delivery by the provider to customers of an ordering bookstore or other distributor, all costs and shipping risks are borne by the ordering bookstore, unless otherwise agreed.
Unless otherwise agreed, the provider only accepts the payment methods “invoice” and “SEPA direct debit”. The provider accepts only € (Euro) as currency, unless the provider’s invoice explicitly identifies another currency.
Unless otherwise agreed, invoice amounts shall be paid – without deduction – no later than 14 days after the invoice date. In the case of shipment abroad, advance payment based on a pro forma invoice is possible.
If the subscriber is in arrears with a payment, the provider may charge a flat-rate reminder fee of 5.00 Euro for each reminder.
If the subscriber has issued a SEPA mandate to the provider, payment shall be made by direct debit. A pre-notification required for the SEPA direct debit scheme must be made at least three days before the respective debit date.
If the subscriber is late on a payment, the provider can
– suspend the performance,
– make all amounts agreed for the (remaining) term of the contract immediately due and payable, regardless of the originally agreed payment terms, and
– make the further provision of services dependent on the settlement of all outstanding amounts.
In case of complaints or counterclaims, the subscriber is only entitled to offset and/or withhold payment, if the counterclaims have been legally confirmed or are undisputed.
4. Technical and other Requirements for Digital Products
In order to be able to use (read and possibly store) digital products of the provider, the subscriber must meet certain minimum technical requirements:
– Content on a (normal) website (website content and content in PDF format): This requires a standard internet connection, the latest version of the Flash browser plugin and – for PDF content – the latest version of Adobe Reader from Adobe Systems Inc. or another program that allows PDF documents to be viewed and saved.
The provider points out that for services via the internet using a corresponding internet or telecommunications connection, additional connection costs may possibly be incurred. Such costs are solely based on the respective provisions of the contract between the subscriber and his / her internet or service provider.
Upon receipt of the subscription fee, the subscriber has the right to use digital content to the contractual extent (number of licenses purchased, duration of the right of use). The duration of the right of use is determined by the respective offer. In the event of a delay in payment by the subscriber, the rights of use shall be suspended.
The subscriber may use the content of the digital products for private or business purposes. He is not entitled to use the product (e.g. distribution or reproduction) for commercial purposes. The production of copies for private purposes is limited to the subscriber’s own use. Making the product available to the public for private or commercial purposes is prohibited.
Further rights, in particular the right for commercial use of journalistic content (e.g. republication) as well as the right to transfer rights of use, multiple placements or licenses for libraries and schools require an individual agreement with the provider.
In the case of a multi-license agreement, the subscriber is entitled to use the digital content by a number of persons, a number of computers or at a location corresponding to the license, depending on the license terms agreed upon.
The rights of use shall only apply if protective notices (copyright, watermarks, etc.) and reproductions of names and trademarks remain unchanged.
6. Right of Withdrawal
The subscriber can withdraw from the subscription contract for all products (print and online) within 10 days after order free of charge.
7. Contract Period / Termination
Unless otherwise agreed, the term of the contract shall begin on the date of the first invoice. In the case of prior service provision by the provider, the term of the contract shall begin with the commencement of the service or the sending of the service.
Unless otherwise agreed, the minimum contract term is one year. After expiry of the (where applicable, extended) contract period, the contract shall be extended for another year in each case unless it is terminated by one of the contracting parties with a notice period of six weeks prior to the end of the respective contract period.
The above shall not affect the right of extraordinary termination without notice if a good cause exists.
Particularly, the provider is entitled to terminate the contract without notice if
– the subscriber violates legal prohibitions or his obligations under the contract
– the subscriber does not make the agreed payment despite reminder
Any termination must be made in writing by mail, fax or email to be effective.
8. Privacy Statement
The name and address of the subscriber as well as all data required for the provision of services are stored in automated files in compliance with data protection regulations. Insofar as this is necessary for the provision of services, the provider will also transfer the above-mentioned data to affiliated companies and/or third parties commissioned to process orders. Other than that, data will only be passed on to third parties within the framework of the legal requirements or with the consent of the subscriber.
The provider is entitled, within the framework of the legal permission according to § 7 para. 3 UWG, to use the email address provided by the subscriber in the order process or during registration, for direct advertising for goods and/or services similar to the ones of the respective contract. If the subscriber does not want to receive direct advertising from the provider (any longer), he/she can object to the use of the email address at any time either via email or in writing to the provider.
9. Reservation of Proprietary Rights
The publisher reserves his right of ownership to hold back the supplied goods until full payment has been received.
10. Changes of General Terms and Conditions, Service Conditions and/or Prices
The provider is entitled to change the general terms and conditions, the service conditions and/or the prices with a reasonable advance notice, as long as the change is acceptable for the subscriber with due regard to the interests of the provider. The provider shall inform the subscriber of the changes in writing in text form (e.g. by e-mail).
11. Applicable Law and Place of Jurisdiction
The law of the Federal Republic of Germany applies.
The place of performance and jurisdiction for all disputes arising from the contract concluded is the registered office of the publishing house.
Should one or more of the provisions of these general terms and conditions be or become invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by the statutory provisions, unless the parties reach an agreement that achieves the purpose intended by the invalid provision.
As of: October 2019