1. In accordance with the following General Business
Terms and Conditions,
an advertising order is considered
to be the agreement regarding the publication of one
or more advertisements of an advertiser
or other parties
(in the following
customer) placing advertisements
in a print journal and/or via an electronic medium for
the purpose of dissemination. The Publisher shall be entitled
to save the advertisement with respect to content,
text and any possible images in a database and make
it available to potential customers via electronic media.
In this respect, if it should concern intellectual property
subject to copyright protection, the rights of use shall
be considered to be granted to the Publisher with no
restrictions of time and space.
2. In cases of doubt, advertisements shall be called for
publication within one year from the conclusion of the
If, in the course of a contractual conclusion,
the right to the calling for publication of individual
advertisements is granted, then the agreement must
be executed within one year of publication of the initial
advertisements if the first advertisement is called for
publication and published within the timeframe specified
in Clause 1.
3. With respect to contractual conclusions,
shall be entitled to call for the publication of further advertisements
exceeding the advertising quantity specified
in the order within the agreed-upon timeframe or
the timeframe specified in Clause 2.
4. The Customer shall have a retroactive claim to a discount
corresponding to its actual calling for publication of
advertisements within an annual period. However, this
claim shall only then apply if a job contract has been concluded
at the beginning of the timeframe which, based
upon the price list, provides entitlement to a discount
from the outset. The claim to a discount shall cease to
apply if such claim is not asserted within one month of
the expiration of the annual timeframe.
5. If an order is not fulfilled due to circumstances for
which the Publisher is not responsible, then the Customer
shall be entitled, notwithstanding any further legal
obligations, to reimburse the Publisher for the difference
between the discount granted and the discount actually
6. With respect to the calculation of the acceptance quantities,
text millimeter lines will be converted into advertising
millimeters based upon price.
7. For the inclusion of advertisements and third-party
advertising supplements which are supposed to be published
for explanatory purposes exclusively in designated
numbers, designated editions or designated locations of
the printed material, the Publisher shall only provide guarantees
if the validity of the order has been made expressly
dependent upon this. Classified advertisements
shall be printed in the respective section without an
express agreement being required for this.
8. For the placement of an advertisement in an editorial
section, the editorial section price must be paid. Advertisements,
which are not recognizable as advertisements
due to their editorial layout, shall be clearly labeled as
such by the Publisher.
9. The Publisher reserves the right to reject advertising
orders – including individual calls for publication in accordance
with a contractual conclusion – and supplemental
orders due to the content, the origin or the technical
form according to standard, professionally justified
principles of the Publisher. The same shall apply if its
laws or governmental directives. This
shall also apply for orders which have been submitted
to authorized representatives. Supplemental orders are
binding for the Publisher only after the submission of a
model of the supplement and its approval. Supplements
which, through the format or layout, give the reader the
impression that they are a component of the newspaper
or contain third-party advertising shall not be accepted.
Notification of the rejection of an order shall be immediately
made to the Customer.
10. The Customer shall be responsible for the timely submission
of the advertising text and flawless print documents
or the supplements. The Publisher shall demand
the immediate replacement of print documents which
are obviously unsuitable or damaged. The Publisher shall
guarantee the flawless reproduction of the advertisement
with respect to print quality.
11. The Customer shall have a claim to a reduction of
payments or a replacement advertisement if the print
of the advertisement is, either in whole or in part, illegible,
incorrect or incomplete, but nonetheless only to
the extent that the purpose of the advertisement has
been compromised. Any more substantial liability upon
the part of the Publisher is excluded. This shall not apply
for intentional wrongdoing or gross negligence on the
part of the Publisher and its vicarious agents. A liability
on the part of the Publisher for damages due to the lack
of guaranteed quality features shall remain unaffected.
business dealings, the Publisher shall not
be liable for gross negligence on the part of its vicarious
agents. Control data which are missing or defectively
printed shall create no claim for the Customer unless
something to the contrary has been agreed upon between
the parties. Complaints must be submitted within
one week’s time from receipt of the invoice and voucher
copy. In any case, liability is limited to foreseeable damages
and by the fee to be paid for the advertisement
or supplement. With respect to advertisements, deadline
and task modifications, text corrections and cancellations
submitted by telephone, the Publisher shall assume no
liability for transmission errors. For erroneous repeat advertisements,
claims are excluded if the Advertiser had
the possibility of making notification of the errors before
the printing of the follow-up advertisements. The payment
claim of the Publisher shall remain unaffected. The
Publisher shall not be liable for damage compensation
claims or claims for recourse which possibly
from the content or form of an advertisement, particularly
due to competition law directives. Rather, the Customer
shall be solely responsible for the content or form
of an advertisement.
12. Proofs shall be supplied only upon express request.
The Customer shall assume responsibility for the correctness
of the returned proofs. In the event that the Customer
does not promptly return the proofs submitted in a
timely manner, then the approval for printing shall be
considered to have been made.
13. If no special size specifications have been provided,
then the actual printing size will be based upon the price
14. If the Customer does not make prepayment, then
an invoice with related documentation shall be issued
no later than the fifth day of the month following the
publication of the advertisement. The invoice must be
paid within the timeframe specified on the price list, unless
a shorter payment period or prepayment has been
agreed upon between the parties in the particular case.
The timeframe shall begin to run upon receipt of the invoice.
Any possible discounts for early payment shall be
granted based upon the price list.
15. If the advertising prices change, then the new terms
and conditions shall become effective immediately unless
the Customer and the Publisher have agreed upon
something to the contrary.
16. In the event of payment default or if a payment
extension is granted, interest shall be charged in the
amount of 1% above the respectively valid discount rate
of the Federal Central Bank as well as the related collection
costs. In the event of payment default, the Publisher
may suspend the further execution
of the current order
until payment is received and may demand prepayment
for the remaining advertisements.
17. In the event of insolvency, the entire amount for any
advertisements still to be called for publication shall become
immediately due for payment even in the case of
§ 103 Para. 1 InsO [Insolvency Act]. In any case, any approved
discount shall cease to apply in the event of insolvency,
compulsory composition proceedings or a lawsuit.
18. Upon request, the Publisher shall provide an advertising
clip with the invoice. If the type and scope of the
advertising order justify it, up to two main vouchers or
complete voucher numbers shall be supplied. If a voucher
can no longer be procured, then a legally binding
certificate of inclusion from the Publisher shall replace it.
19. The Customer must pay the costs for substantial changes
to the originally agreed-upon order specifications.
20. A reduction in circulation shall only then influence
the contractual relationship
if a circulation amount has
been guaranteed and this decreases by more than 20
Furthermore, any price reductions and damage compensation
claims shall be excluded if the Publisher has notified
the Customer of the reduction in circulation
in such a
timely manner that the Customer could have withdrawn
from the agreement before the advertisement was published.
21. If an order is cancelled after the official advertising
deadline, the agreed-upon price for the order will become
due for payment in its full amount.
22. The place of performance shall be Würzburg. In commercial
dealings with businesspeople, juridical persons
under public law or special funds under public law, the
legal venue for any possible legal actions shall be Würzburg
General Terms and Conditions for online advertising with
Haufe Lexware GmbH & Co. KG:
1. Business activity
Haufe Lexware GmbH & Co. KG (hereinafter referred to
as “HL”) markets advertising space on websites and on
other Haufe Lexware electronic media. HL executes received
and accepted orders as commissioned by the advertising
client (hereinafter referred to as “Client”) in each
case under its own name and on own account.
2. Advertising order, General Terms and Conditions
2.1 “Advertising order” in terms of the General Terms
and Conditions below constitutes the contract concluded
on the placement of advertising material or materials in
information and communication services, especially the
Internet, for distribution.
2.2 All current and future advertising orders are subject
exclusively to the General Terms and Conditions set out
below. HL does not accept clients’ conditions that differ
from these General Terms and Conditions. The latter shall
not become part of the contract, irrespective whether HL
specifically objects or not.
2.3 HL is entitled to change the General Terms and Conditions
at any time. HL shall notify its contractual partners
of any changes at least one month in advance. The
amended General Terms and Conditions are deemed accepted
unless the Client objects in writing (by mail, fax
or e-mail) within four weeks after receipt of the relevant
3. Advertising material
3.1 Advertising material in terms of these General Terms
and Conditions may comprise one or more of the following
- a picture and/or text,
- sound sequences and/or moving pictures,
- a sensitive area which, on activation, establishes a connection
to further data at an online address given by
the Client and located either in the Client’s field or that
of a third party (e.g. a link).
3.2 HL reserves the right to clearly identify advertising
material not evident as such due to its design with the
3.3 Only formats shown in the valid HL price list are
available for the placement of advertising material. Special
formats and special forms of advertising are possible,
subject to consultation with and verification by HL.
4. Conclusion of contract
4.1 The advertising order placed by the Client on HL shall
be validated either on the basis of a written (by mail, fax
or e-mail) order confirmation by HL or by completion of
the order by HL. HL shall be entitled to reject unconfirmed
orders without furnishing reasons.
4.2 The Client’s verbally communicated orders or changes
to confirmed orders are effective only once they have
been confirmed by HL in writing.
4.3 HL accepts orders only under the condition that the
advertising material does not violate existing laws or
rights of third parties.
4.4 All advertising orders are subject to the agreement of
the specific owner of the online offer.
4.5 Insofar as advertising agencies or agents place orders,
the advertising order shall, in case of doubt, be
deemed given by the advertising agency, unless explicitly
otherwise agreed in writing. Orders by advertising
agencies or agents shall be accepted only in case of named
advertisers. HL is entitled to demand proof of mandate
from the advertising agency or agent.
5. Insertion period, placement
5.1 The insertion period is individually determined according
to the booked contacts and period (fixed placement)
or in accordance with the booked period and contacts.
5.2 In order to achieve the booked page impressions, HL
is entitled to show the advertising material on other than
the booked websites, without any arising liability of HL
towards the Client.
5.3 If orders include placement instructions, such orders
are deemed binding even if the placement instructions
cannot be complied with. The prices as set out in the
tariffs are charged for accepted placements.
5.4 If several advertising materials are supplied for an
advertising order, HL will rotate these as per standard,
unless the Client has submitted a schedule for the placement
of each advertising material.
6. Data provision
6.1 The Client is obliged to observe the necessary advertising
materials components that must be provided for
publication, the technical specifications to be met by the
advertising materials, the method by which the advertising
materials must be submitted and the latest date by
which said materials must be provided. The Client is obliged
in particular to ensure that the target URL through
which the advertising material is linked to the webpage
of the advertiser remains active for the duration of the
insertion of an order. If the Client should become aware
of disrupted links between the advertising material and
the target URL, he shall inform HL of such disruption without
6.2 Advertising materials should generally
seven working days at the latest before start of placements.
Delivery is to: firstname.lastname@example.org. The
Client carries the risk of transfer of specific advertising
material for publication,
especially the risk of loss of data,
unless such loss was caused by transfer problems for
which HL is carrying the risk.
6.3 HL does not accept any responsibility for the supplied
advertising or other material and is not obliged to return
such to the Client. HL’s obligation to store advertising
material ends three months after the last distribution.
6.4 HL will request replacements for unsuitable or damaged
material. HL offers no guarantee for the agreed
distribution of the advertising material in the event of
improper or especially late or subsequent
for achieving the booked page impressions.
6.5 In the event that the advertising order cannot be
fulfilled due to improper, especially incomplete, late or
lacking delivery of advertising material, the Client is obliged
to pay HL the agreed fees in compensation.
7. Cancellation of an order, termination of the
contract by the Client
7.1 Cancellation without costs is possible only until five
working days before the agreed placement at the latest.
Cancellation must be in writing (by post, fax or e-mail).
In the event of cancellation at short notice, HL is entitled
to charge up to 80% of the net order value of the still
to be delivered campaign volume. This is in addition to
the fees charged for already placed online advertising.
In this respect, the discounts applicable to the reduced
volume are applied.
7.2 If the Client terminates the advertising order without
good reason (see Paragraph 649 Sentence 1 BGB [German
Civil Code]), he shall pay for the services delivered
free of defects up to the date the notice of termination
becomes effective. The Client is also obliged to pay HL
a lump sum compensation for damages in the amount
of 10% of that part of the order amount which was not
performed. The Client shall bear the burden of proof that
the damages to HL were minor or nil. The assertion of an
exceptionally high claim to damages by HL in an individual
case is not excluded.
8. Right of refusal, blocking
8.1 HL has the right to refuse or to block advertising material, including individual access within the framework
of an order, if the content of such advertising material
violates laws (e.g. copyright, competition, press or criminal
laws) or official regulations or if said content had
been objected to by the German advertising council in
the course of an appellant process, or if it would be unreasonable
to expect HL to publish same, due to content,
origin or technical form.
8.2 HL is entitled in particular to withdraw already published
advertising material if the Client himself makes
subsequent changes to the content of the advertising
material or if the data to which a link refers is changed
8.3 HL will inform the Client without delay of any refusal
or blocking. In this case, the Client is entitled to make
changed or new advertising material available to HL
which complies with HL’s requirements. HL may charge
the Client for additional costs arising from this.
8.4 HL has a claim to the agreed fee, even if a substitute
placement under Section 8.3 is no longer possible.
If the Client cannot be held responsible for
the refusal or blocking, he may demand (pro rata) compensation
from HL for payments already made, minus
costs already accrued to HL. Further claims by the Client
are excluded. Should the Client not have made any such
payments yet, the Client shall be obliged to reimburse
HL for already
9. Guarantee of rights
9.1 The Client guarantees and assures that he has obtained
all the rights required for the placement of the
material and that he has in particular obtained
all the required rights of use from the owners of
copyrights, ancillary copyright and other rights to the
advertising documentation and text he has provided and
may freely dispose of such.
9.2 The Client exempts HL from all third party claims
against HL which may arise from the violation of copyright,
competition, press or criminal laws or other legal
stipulations. The Client furthermore
exempts HL from the
costs of necessary legal defence. The Client is obliged in
good faith to support HL with documentation and information
in legal defence against third parties.
9.3 To the extent in time, volume and content necessary
for the execution of the advertising order, the Client
transfers to HL all the required copyrights, rights of use
and ancillary copyrights required for the use of the advertisements
in online media of all kinds, including the
Internet, including especially the right to copy, transfer,
transmit, process, read and download from a database.
The above rights are transferred spatially unlimited in all
cases and entitle to placement using all known technical
means and forms of online media.
10. HL guarantee
10.1 HL guarantees, within the framework of predictable
requirements, the best possible reproduction of the advertising
material under the current technical standards.
The Client is aware, however,
that it is not possible according
to state-of-the-art to create a programme totally
free of errors.
10.2 An error in the presentation of the advertising material
is particularly not given if the impairment is caused
by the use of unsuitable display software and/or hardware
(e.g. browser), by faults in the communication networks
of other operators, by third party computer failure
(e.g. other providers), by incomplete and/or not activated
offers on so-called proxies (intermediate storage) or
of the Adserver lasting no longer than 24 hours
(continuous or added up) within 30 days of the start of
the contractually agreed placement.
10.3 If the AdServer should fail for a considerable period
(more than 10% of the booked time) in the course
of a time-limited fixed booking, HL shall endeavour to
supply the missing media service later or to extend the
insertion time. If this should not be in the interest of the
Client or if later supply is impossible,
the Client shall not
be obliged to pay for the period of the defect. Further
claims are excluded.
10.4 If the quality of the presentation of the advertising
material is not satisfactory, the Client is entitled to substitute
advertising of good quality, but only to the extent
that the purpose of the advert has been impaired. Should
HL not deliver within a reasonable period given to him
or if substitute advertising is impossible, the Client has a
right to a reduction in fees or to cancellation of the order.
10.5 The Client is obliged to inspect the advertising immediately
after its placement or its appearance on the
website or on other electronic advertising media and to
lodge a complaint about obvious flaws within a week after
placement or appearance at the latest. If the complaint
is not lodged in good time, the Client’s guarantee claims
are voided. Should possible flaws in the advertising material
not be obvious, the Client has no claim in respect of
unsatisfactory publication. The same is applicable in case
of flaws in repeated advertising placements, unless the
Client points out the flaw before publication of the next
10.6 In the event of flaws in the execution of an advertising
order, the Client is not entitled to refuse payment of
another advertising order.
11. Service defects
If an advertising order is not executed for reasons for
which HL cannot be held responsible (e.g. caused by
software or for other technical reasons), especially due
to computer failure, force majeure, strikes, legal regulations,
defects for which third parties are responsible (e.g.
other providers), network operators or service providers
or other comparable reasons, the order will, as far as
possible, be made good. In case of an order made good
after an appropriate and reasonable
time after remedy
of the defect, HL’s claim to compensation remains valid.
HL shall inform the Client in the event of a considerable
12. Liability of HL
12.1 HL does not guarantee uninterrupted access to the
website; neither does it guarantee that specific results
will be achieved by placing the adverts.
12.2 Claims for compensation of damages arising from
active violation of contractual duty, culpability at contract
conclusion and illegal action are excluded in case of
slight negligence of HL, its representatives or vicarious
agents. This does not apply to lack of assured properties
and the violation of significant contractual duties,
in which case liability is limited to foreseeable damage.
Claims for damages arising from impossibility of the service
and delay are limited, in case of slight negligence,
to compensation for foreseeable damage.
12.3 In case of gross negligence of common vicarious
agents, liability towards businesses is limited to the
amount of the foreseeable damage. This does not apply
to the violation of essential contractual
12.4 Liability for personal injury and under the Product
Liability Act remains unaffected.
12.5 Insofar as HL is obliged to compensate for damages,
HL shall position the Client such that the contract
appears not to have been concluded (negative interest);
compensation of damages arising from non-performance
13. Price lists
13.1 Unless individually otherwise agreed, the valid HL
price lists at the time of conclusion of the contract are
applicable to advertising orders.
13.2 HL reserves the right to change the prices. This is
not applicable to those who are not businessmen if the
order affected by the change is not part of a framework
agreement and is intended for execution no later than
four months after conclusion of the contract. For orders
confirmed by HL, price changes are only applicable if
they are announced by HL at least one month before
publication of the advertising material. The Client has the
right to cancel in the event of a price increase. The right
to cancellation must be exercised within five working
days after receipt of the notice about the price increase.
13.3 Advertising agencies and other advertising agents
are obliged to adhere to the HL price list in their offers,
contracts and accounting involving potential
clients of HL.
13.4 Discounts are determined in accordance with the HL
price list valid in each case.
13.5 The Client grants HL the right, in the event of overdelivery
of campaigns, to invoice an additional amount
of up to 5% of the agreed volume.
13.6 The prices do not include the cost of production of
the graphics and advertising material text.
13.7 All prices in the price lists are net and exclude the
statutory VAT applicable at the time.
14. Invoices, set-off
14.1 Invoices are generated on the day the advertising
appears. Unless otherwise agreed in writing, invoices
shall be paid into an account specified by HL within 10
days of the invoice date, without any deductions. The
credit advice shall determine whether the payment was
in time. A special written agreement is required for the
deduction of discounts.
14.2 HL may in principle request advance payment in
the case of new customers and for the dispatch of newsletters.
14.3 All invoices are based on the reports HL compiles for
the customer. HL must be notified of objections to reports
in writing within seven days. The basis of calculation is
deemed accepted unless objections are raised in time.
14.4 Differences may occur between the statistics of HL
and those of the Adserving system of the customer in
the case of redirected campaigns. In accordance with the
industry standard, differences up to 15% do not justify a
complaint. HL is prepared to investigate the reasons in
the event of larger deviations. The customer
must for this
purpose grant HL full access to his Adserving system for
the relevant campaign. Unless such access is granted to
the full extent, the figures of HL shall be definitive even
in case of deviations exceeding 15%. HL shall submit a
research report to the customer detailing the reasons for
the deviations. The specific report thereby accepted as
valid shall be accepted as the basis for the final account.
14.5 Exercise of a right of retention or set-off against
own claims against HL claims is only allowed provided
the Client’s claims are uncontested or were established
before a court of law.
15. Payment arrears, advance payment
15.1 In the event of payment arrears or deferral, HL is entitled
to charge interest
of 8 percentage points annually
above prime lending rate pursuant to § 247 BGB [German
Civil Code]. If the damage suffered by HL following
arrears is higher, HL shall be entitled to assert this. HL
can furthermore, in case of arrears, postpone further
execution of the current advertising order until payment
has been made and demand advance payment for the
15.2 Objectively justified doubt about the paying ability
of the Client constitutes justification for HL to make
further appearances of this or further advertising material
dependent upon advance payment and the settlement
of unpaid accounts, irrespective of any originally agreed
method of payment. In justified cases, HL reserves the
right to demand prepayment or security deposits.
16. Extraordinary notice of termination by HL
HL is entitled to give written notice of extraordinary termination
(by post, fax or e-mail) especially if the Client
has not complied with his duty to pay after two warnings,
if an insolvency procedure has been filed against
his assets or if the Client has repeatedly violated his
contractual duties. In the case of an extraordinary notice
of termination, HL is entitled to cease placement of the
advertising material(s) with immediate effect.
17. Data protection
The advertising order is executed in compliance with the
current legal data protection stipulations, with specific
reference to § 33 BDSG [Federal Data Protection Act].
18. Cession of claims
The Client is not entitled to sell, cede or otherwise transfer
rights and duties under the contract to third parties
without prior written consent by HL. HL is entitled to cede
or transfer rights and duties under the contract to a third
party at any time. The Client explicitly agrees to this.
19.1 The headquarters of HL are the place of execution.
19.2 The place of jurisdiction for legal disputes concerning
business transactions with business people or legal
entities under public law or in case of a special fund under
public law, shall be the responsible court where HL is
headquartered, but whereby HL may also assert claims
against the Client at any other court responsible for that
Client. Insofar as claims by HL are not asserted by dunning
procedure, the place of jurisdiction for entities other
than business people shall be their place of residence.
If the domicile or usual place of residence of the Client,
also in the case of entities other than business people,
is unknown at the time a claim is filed or if the Client
has moved his domicile or usual place of residence away
from the region of validity of the law after the conclusion
of the contract, then the place of jurisdiction, if the contract
was concluded in writing, shall be the responsible
court where HL is headquartered.
19.3 German law shall be exclusively applicable to concluded
19.4 Amendments or addenda to an advertising order,
including supplementary agreements, shall be in writing
to be legally effective.
19.5 Should individual parts of these General Terms and
Conditions be or become ineffective, the remaining stipulations
shall remain unaffected thereby. The contractual
partners are obliged to substitute the ineffective
stipulation with an effective arrangement to approach
the economic intentions of the ineffective stipulation as
closely as possible. The same shall apply to a gap that
needs to be filled
General contract conditions of online advertising - special
ad types of Haufe-Lexware-supplier checks and
lead campaigns, terms of contract for participating
on the Internet platforms of Haufe-Lexware GmbH &
Co.KG, Würzburg, the owner of all rights and contracts
of the offer.
1. General terms of contract
1.1 The supplier checks and the lead campaigns are posted
with an entry of the completely filled and legally binding
signed application form at Haufe-Lexware in Würzburg.
The application cannot be made under delayed or
cancelled conditions, such as connected to the exclusion
of rival companies. The posting of the application is confirmed
by the company in writing.
1.2 Anbietercheck.de is a platform, where suppliers can
present their offers. The tools are designed such that
users can research about suppliers and can select various
criteria or compare them against each other.
1.3 A lead is the address record of a user who has requested
an offer from the supplier, after an application
via Double-Opt-In and has agreed to the data protection
provisions for this purpose, knowing that Haufe-Lexware
is authorised to forward the data to the supplier.
The user has agreed that he/she can be informed by
Haufe-Lexware or by the supplier via email, post or over
the telephone about interesting offers for the given subject.
Use of data beyond that is not authorized.
A user can appear repeatedly within different lead campaigns
for the various subjects of a supplier (e.g. personal
and marketing). The difference lies in the different
ways of acceptance of data protection statements for
various subjects, which then authorize the supplier to
contact the user for different subjects.
1.4 A lead campaign is carried out by Haufe-Lexware Media
Sales, on behalf of the customer, in order to generate
leads (addresses) of potential interested parties for these
offers, for these customers.
1.5 The contractual relationship is created, by explicit,
written acceptance, between the supplier and Haufe-
Lexware (hereinafter company). It is signed for a period
of one year from the commencement of the supplier’s
offer, unless otherwise agreed upon.
1.6 The supplier is under obligation, for supplying text
and image material, to adhere to all guidelines of the
applicable data protection right and the commitment to
this contract, to use visitor data and other relevant statutory
provisions, especially with reference to disclosure
on the Internet.
1.7 Right before the supplier comes online on the Anbietercheck
site or in a lead campaign, the supplier is
contacted to clarify data handling and configuration
of supplier presence, for final approval. The supplier is
responsible for the input, maintenance and contextual
accuracy of his information necessary for the entry of the
company (text, image, sound, and all content appearing
on his Social Media Wall and in the RSS Feeds with his
news) and gives this information in the agreed format.
Contents can be updated and added by delivery to onlinewerbung@
Accepted changes are processed within 5 working days.
If a campaign and/or supplier presence cannot be approved
on time i.e. just after commencement of the
contract, because deadlines were missed by the issuer,
the issuer will not have any claim on the financial compensation.
1.8 The company is not liable for the information in texts,
images and audio clips provided by the supplier.
The supplier is liable for the copyrights of the information
in texts, images and audio clips used by him in the
supplier check that he possesses and for ensuring that no
rights of the third party are violated.
1.9 With this application, the supplier gives his consent
that his details are stored, evaluated for purposes of lead
campaigns and supplier presence and even forwarded to
third parties in this context. He is also under obligation
to involve electronic evaluation programmes and agrees
that information about its involvement can be circulated
exclusively for promotional purposes.
1.10 The company is entitled to take photographs, video
clips, screenshots and other documentation of the
exhibition event, of the supplier presence and lead campaigns
from the presented offers and to use them for
advertising or press releases, without the supplier charging
for them or making valid claims of any sort. This
also applies to photographs, which the press or television
media release with the consent of the company. Here,
the regulations of copyright must be adhered to.
1.11 The company is entitled to modify the supplier
checks or lead campaigns in layout and technology of the
Internet appearance, if it serves the purpose of supplier
checks and lead campaigns or it becomes necessary due
to technical progress or if unexpected events demand
it. The supplier has no claim for damage compensation
in such cases.
1.12 Haufe-Lexware is entitled to work for suppliers of
external search engine campaigns, text ads, ads and banner
ads and to use its company name for purposes of
lead generation. The campaigns are used exclusively to
generate leads and traffic for the supplier of a campaign,
which cause linking if the company name is used directly
on the landing page of the specific offer for lead generation
or on the company profile of the supplier.
1.13 Within the scope of financial justifiability, the company
ensures maximum possible accessibility and security
of the server on the Internet using technical solutions
and daily monitoring. With this agreement, it refers
exclusively to the risks of an information offer on the
Internet and does not accept any liability and guarantee
for short-term and temporary issues of the offer, as long
as this is conditional, due to technical reasons, Internet
or third parties or other reasons, which the company is
not liable for. The same applies for protection and the
possible misuse at the supplier’s end, for published and
1.14 The company will carry out the supplier checks and
lead campaigns, in order to get as many visitors/ leads
as possible. The company will consider the target groups
of the supplier while selecting the media.
The company does not give any guarantee for the number
of visitors/leads. The supplier has no claim on a certain
number of visitors/leads.
2. Data protection and use
2.1 The supplier receives data for web statistics from the
company, on request, regarding his presentation and on
the Anbietercheck site and in lead campaigns, as long
as it is included in the contractual scope of the service
packages. The supplier is under obligation, with this
agreement, for the following provisions to protect the
confidentiality rights of the visitor, for the benefit of the
data protection from third parties, e.g. competitors and
granting rights of the company.
2.1.1 The supplier is under obligation to handle lead data
and statistics confidentially and to oblige to all persons
authorized by him to adhere to the usage and commitment
regulations of this contract.
2.1.2 The use of data is meant for the supplier exclusively
for the purpose of personal business and for the purpose
of use intended in this contract, which has been requested
in the data protection statement. Forwarding to third
parties or any other use (like for application of third party
campaigns of other suppliers) is prohibited.
The supplier is responsible for any violations of this agreement.
2.1.3 The use of lead data by the supplier is related to
the contractual service and usage scope and limited by
the data protection provisions of the Federal Republic of
2.2. Use of acquired leads: Persons and contact data of
leads, which the supplier has received from Haufe-Lexware,
is available for use for your own business activity.
Forwarding to a third party or use for application by third
party campaigns is prohibited.
2.3 If the visitor denies further contact with the supplier
later on or declares it as unwanted, the supplier is under
obligation to grant it immediately and without any
2.4 The company is entitled to modify the data structure
provided to the supplier in contents, size and form, if
it is or becomes necessary due to legal requirements.
The contractual relationship is not affected by this and
extraordinary dismissal, withdrawal or reclaim rights do
not exist for the supplier.
2.5 The company is under obligation to ensure the quality
and correctness of the information to be obtained as
technically and economically possible and useful in the
application procedure. It does not give any assurance of
the correctness of individual data and information and
neither accepts any guarantee for this nor is liable for
possible costs and consequences in its utilization.
2.6 The company and the receiver of data are under obligation,
according to Sect. 6 Subsect. 1 and Subsect. 2
BDSG, to provide information to a person, about his saved
personal data, to correct it or delete it, upon request
by the company. In case of a direct request of a person,
the company must be informed, in order to implement
the same for the remaining data.
3. Payment conditions
3.1 The company charges for the supplier presence (value
as per the scope) and for giving leads. All prices are
in Euros net, plus legal Value Added Tax.
3.2 The obligation to pay the agreed fees comes on signing
the contract, unless other settlement agreements
are made for this order.
3.3 If payment dates are not adhered to, the company
can withdraw from the contract or withhold the online
release, upon prior written announcement. The obligation
to pay the charges remains valid.
4. Cession, offsetting and right of retention
Cession of receivables against the company as well as
enforcing right of retention are not allowed. Offsetting is
only permissible, as long as the receivable, with which
offsetting is done, is termed as undisputed or legally
5. Withdrawal and termination
5.1 The company is entitled to withdraw from the contract,
if an insolvency procedure starts due to the assets
of the supplier. The issuer has to immediately inform the
company about this in writing.
5.2 In case of non-adherence to legal guidelines, the data
protection and usage regulations of this contract and in
case of delay in payment by the issuer, the company has
the right to premature termination upon prior request.
6. Final provisions
6.1 The mutual rights and duties from this contractual
relationship are subject to the law of the Federal Republic
6.2 The exclusive court of jurisdiction for all legal disputes
from this contract is Freiburg.
6.3 All claims of the supplier against the company have a
validity of 6 months. The validity period begins from the
time the claim has been made, at the latest however by
the end of the month, in which the end of participation
in the supplier check/lead campaign falls. These regulations
are applicable in case of danger to life, body and
health and unless the damage is caused intentionally or
by gross negligence by the company.
6.4 If one of the above conditions is invalid, the contract
as a whole remains unaffected by this.
The invalid regulation must be replaced as far as possible
by a valid regulation, in terms of the financial and
contextual objective, which is then a part of the contract.