Terms and conditions
4Traders GmbH
Feldhof str.2
DE-45879 Gelsenkirchen
I. Purpose of the Company
Purpose of the company marketing all types of advertising space on the Internet. The meeting will be issued and accepted orders from the company on its own behalf and for their own account on behalf of their advertisers (the “Customer”) is performed.
II. Warranty
1. The customer is required to review the advertising immediately after the setting or appearance on the website and / or other electronic advertising and any errors within one week to complain from setting or appearance of advertising in writing. If the complaint is not timely avoided and the warranty of the customer.
2. In case of incorrect connection of the advertising, the company is entitled to choose to either make a spare circuit in the extent to which the purpose of the circuit has been compromised, or a repair. Only when such an equivalent circuit or repair impossible, at least failed twice, is unreasonably delayed or the company was denied a reasonable time limit by the client, the Aufraggeber is either the right to cancel the contract (rescission) or to reduce the remuneration (reduction) .
3. An error in the advertising circuit, as defined above do not apply if the alleged representation by the use of inappropriate presentation software or hardware (eg browser) or by disruption of communication networks of other companies or computer failure at Internet service providers or online services or by incomplete and / or not updated offers on so-called proxy servers (buffer) of commercial and non-commercial providers and online services, which are outside the Verantwortungs-/Einflussbereichs the company, or by the failure of a server that does not more than 24 hours (continuously or cumulatively) persists within 30 days after the start of the contractually agreed, due to force majeure, strikes or other reasons that are not the responsibility of the company, is caused.
4. If errors occur during execution of a contract, the customer is not entitled to refuse payment of any other contract. Netting is only permitted if the set-off claim of authority is undisputed or legally binding.
III. Duties of the principal
1. The customer confirms the order, that he needed all rights of holders of copyright and service protection and other rights to the questions it is advertising material and texts has acquired and dispose of them freely.
2. The Client shall indemnify the Company against all claims or costs, the copyright resulting from injury, competition, press, criminal or other legal provisions may result in the company.
3. The client is responsible for the timely and technically sound delivery of advertising media. This includes the technical design of advertising material in accordance with those specified in the order confirmation particular application. The client bears the risk for transmission of the advertisement, if not occur for the risk of the company’s problems in the transmission.
4. Can advertising contracts for reasons that are in the liability of the client, or not be done incorrectly, the agreed advertising the client is made still charged. Does the company no fault of faulty or non performance, the client shall have no claims against the company.
5. The client is not entitled, without the express prior consent of the Company to assign rights or obligations under the contract to third parties or transfer. The company may transfer rights and obligations under the contract at any time to a third party or transferred. The principal will provide to their explicit consent. As long as the client was not informed of the transfer, he is entitled to be paid with discharging effect to the company.
IV. Cancellation by law
1. The company reserves the right to refuse even after the contract, the advertising circuit, for reasons that make unreasonable for the Unternemen a contract execution. This is especially the case if the advertising insertion copyright, competition, press, criminal or other legal provisions violated.
2. The client has the right to be informed of the reasons for the rejection. Can the client is not new, the company’s requirements appropriate promotional materials made available, the client is entitled to a refund of payments already made. Does diem company on the unreasonableness of the contract performance was not at fault, so this refund claim to deduct costs incurred by the company already. Further claims of the customer are excluded. Are done in such a case, no payment by the customer, so the company can claim compensation for costs already incurred.
V. Cancellation
1. The cancellation of orders by the customer is always possible and must be in writing. Cancellations up to 4 weeks before the start of the campaign there is no cancellation fees.
VI. Prices
1. For the contracts are valid at the time of contracting the valid price list of the company, unless otherwise agreed in individual contracts.
2. Price changes for the implementation of advertising placements agreed and confirmed control orders are effective when they are announced by the company a month before setting a new price. In this case, to the customer a right of rescission, which must be exercised within five working days after receipt of notice by declaration must.
VII. Scope
1. For all the companies to be closed / completed initial, ongoing and future business subject to the following conditions. The company recognized by these Terms and conditions deviating conditions of the client will not start. These are not even part of the contract if the company does not explicitly contradict them.
2. The Ertel of the order, the exclusive validity of these terms and conditions are accepted by the customer.
VIII. Contract
1. A contract between the company and the customer is accomplished either by a written confirmation by letter, fax or e-mail from the company, or the fulfillment of the contract by the company. The company has the right, not yet confirmed orders without providing a reason.
2. By the principal verbal orders and order changes already confirmed orders will be effective only if confirmed by the company in writing.
3. For the contracts are valid at the time of contracting the valid price list of the company.
IX. Liability
1. The company is not liable for the continuous accessibility of the site, nor that can be achieved by the circuit of advertising certain results.
2. For damages, regardless of their legal basis, the company is liable only for intent, gross negligence and lack of assured quality. This also applies to vicarious agents and legal representatives of the company.
3. In all other cases, the company is only liable if essential contractual obligations (cardinal obligations) are injured. Here, the damages to the typically foreseeable damage is limited. A balance of atypical or unforeseen damage does not occur.
X. Disclaimer
1. The company is not liable for the timeliness, accuracy or completeness of the information on its website.
2. The company has no influence on the design and content of external internet sites. Distances itself from all external contents, even if from the company to these external sites. This applies to all on the home page links to all the contents of the pages to which the banners and links, as well as entries in the company of guest books, discussion forums and mailing lists.
XI. Copyright
The Home Page layout, graphics and pictures, the collection of contributions and individual contributions are protected by copyright. Any reproduction or use without the express permission of the author. All rights reserves the company.
XII. Performance and jurisdiction
1. Of performance and jurisdiction is the extent legally permissible, the seat of the company. The company, however, entitled to assert claims against the client in any other court of competent jurisdiction for that.
2. For contracts governed by German law.
XIII. Other
1. Changes or additions to the contract must be legally valid in writing. Oral side agreements have been made.
2. Should any part of these Terms and Conditions be or become invalid, then the remaining provisions of these Terms in full force.
XIV. Payments
1. Invoices are to provide for their receipt without any deduction to a specified account by the company. Deduction of discount requires separate written agreement.
2. If the settlement of payment obtained in respect to the contract have occurred or became known in the financial circumstances of the Contract, the company can further embodiment of a control order until payment is made or for more advertising placements without prejudice, conflicting earlier agreement, an advance payment or collateral.
3. If the customer’s payment obligation or partial default, he shall be paid from that date interest at the rate of 5% per annum above the base rate of the ECB, TThe company does not prove a higher damage.
4. The company is entitled to demand payment in advance and render only after receipt of the invoice total performance.