Conditions
EUROPÄISCHER WIRTSCHAFTS VERLAG GmbH
§1
Europäischer Wirtschafts Verlag GmbH will assume activities for a client after the proper placement of an order by the client.
The field of activities applies to the design of an advertisement following the advertising concept of Europäischer Wirtschafts Verlag GmbH according to the sample of the book “Business Location Germany 2008” (no classical advertisements will be published) or of another book of this series and the subsequent single publication appearing in the 2009 book “Business Location ………” in the 2009/2010 edition. (Title & time of publication may be altered) and of its version in the Internet and on CD or as a movie on DVD.
The client agrees to cooperate timely in outlining contents and graphic design. Print documents, setting copies and photographs are to be enclosed as annex to the order or handed over shortly after request.
Exclusion of competition or placement requests cannot be considered and are excluded. Modifications after text release are not possible.
The advertisement will be printed and published in the manner in which it was released for printing by the client. If the insertion released by the client should contain errors of content or orthography as well as graphic errors, the client is responsible for this himself.
Claims against Europäischer Wirtschafts Verlag GmbH are excluded.
Europäischer Wirtschafts Verlag GmbH is under no obligation to examine advertisements with regard to errors of content or orthography as well as for instance to mirror-inverted pictures.
Each order refers exclusively to the creation and execution of the described services. Generally, the order is valid for a period of two years. During this time the commissioned presentation is represented in the Internet and in the book.
In as much as the client also places an order for a film-spot on DVD, the same principles and conditions apply as for the insertion in the book in the Internet and on CD.
From the authorized film spot, which appears on the DVD, a film sequence of 5 seconds is integrated into the image film of the “.........Business Location”.
However, it is not necessary that the client approves the film-spot or the integrated film sequence of 5 seconds. Claims and notifications of defects regarding the film version are generally excluded.
As a rule, a new edition appears after two years.
The client has the right to be represented also in the updated edition against renewed payment of a fee to be agreed. The agreement is subject to German law, particularly the German Civil Code and the German Commercial Code.
§2
Europäischer Wirtschafts Verlag GmbH will publish the commissioned advertisement or the film spot, as the case may be, in the agreed medium.
An order placed by the client is irrevocable and binding. Should the order not be completed because of untimely or missing collaboration of the client or should the client no longer wish to publish the services or parts of it for any other reasons, he is nevertheless liable to pay the agreed fee, in accordance with the contract agreement, to Europäischer Wirtschafts Verlag GmbH.
Europäischer Wirtschafts Verlag GmbH has the right to cede present and future claims arising from this business relation without prior written information to third parties.
§3
Europäischer Wirtschafts Verlag GmbH accepts no liability whatsoever for statements made by the client regarding his products and services in the publication (book, CD, internet, film).
Moreover, Europäischer Wirtschafts Verlag GmbH is not obliged to examine the legitimacy of the insertion and the rights of third parties to it (also of picture material) if needed. The client has unlimited and sole liability for the contents and declarations of the advertisement and film spot commissioned by him.
§4
The client accepts that the order placed will be carried out according to a concept and on the basis of the terms and conditions elaborated by Europäischer Wirtschafts Verlag GmbH. All service protection rights, copyright and other rights arising from the advertisement designed for the client are the sole entitlement of Europäischer Wirtschafts Verlag GmbH.
A different publication or use of the advertisement or film produced by Europäischer Wirtschafts Verlag GmbH, also in modified forms, requires prior written agreement from Europäischer Wirtschafts Verlag GmbH. The client is liable for infringements and eventual damage claimed by Europäischer Wirtschafts Verlag GmbH.
§5
Europäischer Wirtschafts Verlag GmbH is only liable for grossly negligent or willful acts, provided the client can prove the occurrence of damage caused by these. Liability however is limited to a maximum amount of 15% of the remuneration agreed in the contract.
In case of force majeur, generally all liability to pay damages claims is forfeited. Information which exceeds the contract provisions necessary for the execution of the commissioned order will be treated with strict confidence by Europäischer Wirtschafts Verlag GmbH.
§6
The agreed upon remuneration for the entire contract, unless otherwise expressly agreed upon in writing, is due to be paid in advance for the agreed two years, after approval of the German version of the text or printing or shooting of the film, as the case may be, and before publishing in the book, internet or on DVD.
As a rule a corresponding invoice is compiled by the Europäische Wirtschafts Verlag GmbH after printing approval, or film shooting, as the case may be. It shall be deemed to be expressly agreed that upon the placing of an order, a legally binding claim comes into existence.
Execution of further orders will depend on the settlement of still outstanding invoice amounts.
§7
Should one or several of the above-mentioned provisions be invalid or become invalid, it shall not affect the validity of the rest of the provisions in the contract.
It is agreed that an invalid clause is to be replaced by a valid substitute provision that reflects the economic purpose of the original clause as closely as possible.
It lies within the discretion of Europäischer Wirtschafts Verlag GmbH whether to accept or refuse an insertion agreement or an order for the making of an image film.
This applies especially, if the agreement is altered unilaterally by the cvelient, after dispatch of Europäischer Wirtschafts Verlag GmbH or the content of the presentation infringes upon the current law in force or against public morals. All offers made by Europäischer Wirtschafts Verlag GmbH in such cases cease to be binding.
§8
Alternative agreements concerning these general terms and conditions and all oral arrangements agreed upon, are expressly required to be in writing to be valid.
§9
The place of execution and jurisdiction for both parties is the seat of Europäischer Wirtschafts Verlag GmbH.
(Stand 4.1.2010)
