General terms and conditions for advertising (banners, entries in the classified directory, job advertisements, etc.) on the website www.paymentsindustrydaily.com of:
represented by Mr. Matthias Kreidler
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 or other advertiser in/on the website www.paymentsindustrydaily.com operated by kreidler media for the purpose of distribution.
Orders for advertisements which are declared to be published exclusively on specific publication dates must be received by kreidler media in good time so that the client can be informed before placement if the order cannot be carried out in this way.
The client is responsible for the timely delivery of suitable, flawless documents (banner file, text, logo file, etc.). In the event of cancellation of an advertising order, kreidler media shall charge the full advertising price as a cancellation fee.
kreidler media reserves the right to reject advertisement orders because of their content, origin or technical form according to uniform factually justified principles of kreidler media, if their content violates laws or official regulations, or if their publication is not in the sense of kreidler media or is unreasonable for kreidler media. Advertisement orders are binding for kreidler media only after submission of a sample and its approval. Advertisements which in turn contain third-party advertisements will not be accepted.
kreidler media reserves the right to correct spelling mistakes discovered by the client (e.g. in the case of job advertisements, entries in the yellow pages) in retrospect, without this giving rise to a claim to a reduction in payment or compensation.If kreidler media allows a reasonable deadline sent to it for this purpose to elapse or if the replacement advertisement is again not faultless, the client shall be entitled to a reduction in payment or cancellation of the order. Claims for damages arising from positive breach of contract, culpa in contrahendo or tort are excluded even if the order is placed by telephone; claims for damages arising from impossibility of performance and delay are limited to compensation for foreseeable damage and to the fee payable for the advertisement in question. This does not apply to intent and gross negligence on the part of kreidler media, its legal representatives and its vicarious agents.A liability of kreidler media for damage due to the absence of warranted characteristics remains unaffected.In commercial business transactions, kreidler media is furthermore not liable for gross negligence of vicarious agents who are not executives; in other cases, liability for gross negligence towards merchants is limited in scope to the foreseeable damage up to the amount of the respective advertisement fee. This does not apply to intent and gross negligence on the part of kreidler media, its legal representatives and its vicarious agents. Liability of kreidler media for damage due to the absence of warranted characteristics remains unaffected. In commercial business transactions, kreidler media is furthermore not liable for gross negligence of vicarious agents who are not executives; in other cases, liability for gross negligence towards merchants is limited in scope to the foreseeable damage up to the amount of the respective advertisement fee.Complaints must be made – except in the case of non-obvious defects – within two weeks of receipt of the invoice.
If the client does not make advance payment, the invoice shall be sent immediately, but if possible 14 days after publication of the advertisement. Invoices shall be paid immediately and without deductions, unless a different payment period has been agreed in writing in individual cases.
In case of default or deferment of payment, interest as well as collection costs will be charged. For each reminder, kreidler media may charge Euro 5.00 as an expense allowance. In addition, in case of default of payment, kreidler media may postpone further execution of the current order until payment has been made and demand advance payment for the remaining advertisements. In the event of justified doubts about the solvency of the client, kreidler media shall be entitled to make the publication of further advertisements dependent on the advance payment of the amount and on the settlement of outstanding invoice amounts, even during the term of an advertisement contract, irrespective of an originally agreed term of payment.
If the client is not identical with the advertiser or advertiser and if the client is in arrears with a payment despite two reminders, the client shall be obliged to assign to kreidler media the claim to which he is entitled against the advertiser or advertiser in the amount of the advertisement price.
Costs for the production of significant changes to originally agreed designs requested by the client or for which the client is responsible shall be paid by the client.
Artwork intended for publication shall not be returned.
An intermediary fee is only granted for the referral of new clients and if this has been expressly agreed with kreidler media at the time the order is placed. New clients are advertising clients who have not yet had any contact with kreidler media. In particular, clients who have already received media data or similar from kreidler media are not considered new clients. The upper limit of the intermediary remuneration is 15 %.
Place of performance is the registered office of kreidler media. In business transactions with merchants, legal entities under public law or special funds under public law, the place of jurisdiction for legal actions shall be Aachen. Insofar as claims of kreidler media are not asserted in dunning proceedings, the place of jurisdiction for non-merchants shall be determined according to their place of residence. If the domicile or usual place of residence of the client, also in the case of non-traders, is unknown at the time of the institution of legal proceedings or if the client has moved his domicile or usual place of residence out of the area of application of the law after conclusion of the contract, Aachen shall be agreed as the place of jurisdiction. German law shall apply.
Should one of the paragraphs in these GTC be or become invalid, this shall not affect the validity of the remaining paragraphs. The invalid or invalidated paragraph shall be replaced by a provision that comes as close as possible to the intended economic purpose.
Platform of the EU Commission for online dispute resolution: https://ec.europa.eu/odr. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.