Provider: IndustryArena GmbH, Schneiderstr 6, D – 40764 Langenfeld
These general terms and conditions for online advertising apply to business relationships of any kind between the provider and the client. The version valid at the time of conclusion of the contract shall be authoritative. We reserve the right to make changes and adjustments to the General Terms and Conditions. The current version is available on our website at https://de.industryarena.com/agb.
Contents
1. advertising order
2. advertising material
3. conclusion of contract
4. processing period
5. data delivery
6. right of refusal
7. warranty of rights
8. warranty of the provider
9. performance disruptions
10 Liability
11. price list
12. default of payment
13. termination / contract adjustment
14. handling of data, data protection, data security
15. place of performance/jurisdiction
1. Advertising order
1.1 “Advertising order” within the meaning of the following General Terms and Conditions is the contract for the placement of one or more advertising media in information and communication services, in particular the Internet, for the purpose of distribution.
1.2 The advertising order is governed exclusively by the General Terms and Conditions and the price list of the provider, which forms an integral part of the contract. The validity of any general terms and conditions of the client or other advertisers is expressly excluded insofar as they do not agree with these General Terms and Conditions.
2. Advertising material
2.1 An advertising medium within the meaning of these General Terms and Conditions may, for example, consist of one or more of the following elements
an image and/or text, sound sequences and/or moving images (including banners, skyscrapers, pop-ups), a sensitive area which, when clicked on, establishes a connection to further data in the client’s area via an online address specified by the client (e.g. link).
2.2 Advertising media that are not recognizable as such due to their design shall be clearly marked as “advertisements”.
3. Conclusion of contract
3.1 Subject to individual agreements to the contrary, the contract shall be concluded by a written, binding order via our online form or PDF order form by e-mail or fax.
3.2 Insofar as advertising agencies place orders, the contract is concluded with the advertising agency in case of doubt, subject to other written agreements. If an advertiser is to become the client, it must be named by the advertising agency.
4. Settlement period
If the client has been granted the right to call up individual advertising media as part of a contract, the order must be processed within one year of the contract being concluded.
5. Data delivery
5.1 The client is obliged to deliver proper advertising material, in particular in accordance with the format or technical specifications of the provider, in good time before the start of placement.
5.2 The provider’s obligation to store the advertising material ends three months after its last distribution.
5.3 Costs incurred by the provider for changes to the advertising material requested by the client or for which the client is responsible shall be borne by the client.
6. Right of refusal
6.1 The provider reserves the right to refuse or block advertising orders – including individual calls within the scope of a contract – if their content violates laws or official regulations or their publication is unreasonable for the provider due to their content, origin or technical form.
6.2 In particular, the provider may withdraw advertising material that has already been published if the client subsequently makes changes to the content of the advertising material itself or if the data to which reference is made via a link is subsequently changed, thereby fulfilling the requirements of paragraph 1.
7. Warranty of rights
7.1. Der Auftraggeber gewährleistet, dass er alle zur Schaltung des Werbemittels erforderlichen Rechte besitzt. Der Auftraggeber stellt den Anbieter im Rahmen des Werbeauftrags von allen Ansprüchen Dritter frei, die wegen der Verletzung gesetzlicher Bestimmungen entstehen können. Ferner wird der Anbieter von den Kosten zur notwendigen Rechtsverteidigung freigestellt. Der Auftraggeber ist verpflichtet, den Anbieter nach Treu und Glauben mit Informationen und Unterlagen bei der Rechtsverteidigung gegenüber Dritten zu unterstützen.
7.2. Der Auftraggeber überträgt dem Anbieter sämtliche für die Nutzung der Werbung in Online-Medien aller Art, einschließlich Internet, erforderlichen urheberrechtlichen Nutzungs-, Leistungsschutz- und sonstigen Rechte, insbesondere das Recht zur Vervielfältigung, Verbreitung, Übertragung, Sendung, Entnahme aus einer Datenbank und Abruf, und zwar zeitlich und inhaltlich in dem für die Durchführung des Auftrags notwendigen Umfang. Vorgenannte Rechte werden in allen Fällen örtlich unbegrenzt übertragen und berechtigen zur Schaltung mittels aller bekannten technischen Verfahren sowie aller bekannten Formen der Online-Medien.
8. Warranty of the provider
8.1 Within the scope of foreseeable requirements, the provider guarantees the best possible reproduction of the advertising material in accordance with the usual technical standard. However, the client is aware that it is not possible to create a program that is completely free of errors according to the state of the art. The warranty does not apply to insignificant errors. An insignificant error in the presentation of the advertising material exists in particular if it is caused by due to the use of unsuitable display software and/or hardware (e.g. browser) or due to disruption of the communication networks of other operators or by computer failure due to system failure or – by incomplete and/or non-updated offers on so-called proxies (intermediate storage) or due to a failure of the ad server that lasts no longer than 24 hours (consecutive or cumulative) within 30 days of the start of the contractually agreed placement. If the ad server is down for a significant period of time (more than 10 percent of the booked time) as part of a time-bound fixed booking, the client’s obligation to pay for the period of the outage shall lapse. Further claims are excluded.
8.2 If the quality of reproduction of the advertising material is inadequate, the client shall be entitled to a reduction in payment or a faultless replacement advertisement, but only to the extent that the purpose of the advertising material has been impaired. If the replacement advertising fails or is unreasonable, the client shall be entitled to a reduction in payment or to cancel the order.8.3 If any defects in the advertising material are not obvious, the client shall have no claims in the event of inadequate publication. The same applies to errors in repeated advertising placements if the client does not point out the error before publication of the next advertising placement.
9. Performance disruptions
9.1 If the execution of an order fails for reasons for which the provider is not responsible (e.g. software-related or for other technical reasons), in particular due to computer failure, force majeure, strike, due to legal provisions, disruptions from the area of responsibility of third parties (e.g. other providers), network operators or service providers or for comparable reasons, the execution of the order shall be rescheduled as far as possible. The provider’s entitlement to remuneration shall remain in force if the order is rescheduled within a reasonable time after the disruption has been rectified.
10. Liability
10.1 Claims for damages arising from positive breach of contract, culpa in contrahendo and tort shall only exist in the event of intent and gross negligence on the part of the provider, its representative or vicarious agent. This does not apply to liability for warranted characteristics and for the breach of essential contractual obligations; in the latter case, liability is limited to the foreseeable damage. Claims for damages arising from impossibility of performance and
10.2 In the event of gross negligence on the part of ordinary vicarious agents, liability towards entrepreneurs shall be limited to the foreseeable damage. This does not apply to the breach of essential contractual obligations.
11. Price list
11.1 The price list published on the Internet at the time the order is placed shall apply.
11.2 Discounts shall be determined according to the respective valid price list. Advertising agencies and other advertising intermediaries are obliged to adhere to the price lists of the respective provider in their offers, contracts and invoices with advertisers.
11.3 Discounts for corporate members may not be combined with other discounts, e.g. discount rates.
12. Default of payment
12.1 In the event of late payment or deferral of payment, interest and collection costs shall be charged. In the event of late payment, the provider may defer further execution of the current order until payment has been made and demand advance payment for the remaining placement.
12.2 Objectively justified doubts about the client’s ability to pay shall entitle the provider, even during the term of the contract, to make the publication of further advertising material dependent on the advance payment of the amount and on the settlement of outstanding invoice amounts, irrespective of an originally agreed payment term.
13. Termination / contract adjustment
13.1 The term of the contract for booking a showroom shall be at least 12 months and shall be automatically extended by a further year unless it is terminated with four weeks’ notice before the end of the booking period.
13.2 A booked showroom package (BASIC or CLASSIC) can be upgraded to PREMIUM at any time. Invoice amounts already paid will be offset against the new package price.
13.3 A downgrade of a booked showroom package is not possible within the term, but can be made with a notice period of 4 weeks to the end of the booking period for the future contract year.
13.4 Cancellations and contract adjustments of advertising orders must be made in writing.
14. Handling of data, data protection, data security
14.1 The advertising order shall be processed in compliance with the applicable data protection regulations. The customer agrees that the personal data associated with his order may be used for the purpose of establishing contact. The data will not be forwarded to third parties.
14.2 Each party shall treat the confidential information of the other party that it receives under this contract as confidential and shall not make it accessible to third parties.
15. place of performance/jurisdiction
15.1 The place of performance and jurisdiction is the registered office of the provider.
15.2 In business transactions with merchants, legal entities under public law or special funds under public law, the place of jurisdiction for legal action is the registered office of the provider. German law shall apply.
Langenfeld, 21.03.2025