General Terms and Conditions

I. Scope of Application

Deliveries, services, and offers are made exclusively on the basis of these terms and conditions. Deviating conditions of the client that the Österreichischer Kommunal-Verlag GmbH (hereinafter: the Publisher) does not expressly acknowledge are non-binding, even if they are not expressly objected to. Additional agreements are only binding if they have been confirmed in writing by the Publisher.

Verbal agreements and information are non-binding. Information is only accepted as binding if it is provided in writing.

II. Formation of Contract

Orders must be placed in writing. Verbal agreements that are not confirmed in writing are not binding on the Publisher.

III. Content Requirements

The client guarantees to the Publisher and its employees that its advertisement (including images) does not violate any legal provisions and does not infringe the rights of third parties. The client undertakes to indemnify and hold harmless the Publisher and its employees in respect of all claims arising from the published advertisement.

The obligation of indemnification includes all resulting legal costs.

The Publisher reserves the right to reject advertisement orders and insert orders on account of their content, origin, or technical form if their content violates laws or regulatory provisions or if publication is unreasonable for the Publisher.

Insert orders are only binding on the Publisher after submission of a sample and its approval. Rejection of an order is communicated to the client without delay.

Paid advertisements where doubt about their paid nature cannot be excluded will be clearly labelled by the Publisher in accordance with § 26 of the Austrian Media Act.

In the event of threatened claims due to alleged legal infringements by an advertisement, the Publisher is entitled to disclose the name and address of the client to the party asserting such claims.

IV. Obligations of the Client

Orders for advertisements to be published exclusively in specific issues or at specific positions must be submitted sufficiently in advance so that the client can be notified before the advertising deadline if the order cannot be executed in this manner.

Telephone changes to advertisements must be confirmed subsequently in writing, but still before the advertising deadline.

Costs arising from substantial changes to the originally agreed execution and from data provided by the client will be charged to the client.

The client provides all resources required to carry out the order, in particular graphic files in the standard formats specified by the Publisher, in a timely manner.

Any complaints must be submitted in writing to the Publisher within 8 days of the date of publication (for inserts: no later than the following working day).

V. Warranty and Liability of the Publisher

The Publisher does not guarantee that advertisements will appear in specific editions, issues, or at specific positions, unless the client has made the validity of the advertisement order contingent on the precise specification of placement and the simultaneous payment of a placement surcharge.

The client is solely liable for typographical errors and other defects in materials supplied by the client.

The obligation to retain raw data provided expires three months after their publication. The Publisher accepts no liability for data of any kind that has been provided.

The Publisher must reserve the right to colour deviations from the original for technical printing reasons. Liability for damages caused by printing, typesetting, and placement errors is excluded. In any case, liability is absolutely limited to the proportionate insertion fee attributable to the affected part of the print run.

In the event of operational disruptions or force majeure, the Publisher is entitled to full payment for published insertions if the orders are fulfilled at 75% of the calculated print run. If fulfilment falls below 75%, payment is to be made on a pro rata basis.

To the extent that any liability of the Publisher arises, it is limited to cases of demonstrably gross negligence. There is no liability for consequential damages or loss of profit.

VI. Prices and Payment Terms

Specific prices are set out in the current media data, the respective offer, or the order confirmation and are understood as net prices.

Invoice complaints are only accepted within four weeks of the invoice date.

Any changes to advertisement prices take effect immediately, including for ongoing orders.

Invoices are due for payment immediately upon receipt. Credit of the amount must be received no later than eight days after the invoice date. All bank charges are borne by the client. In the event of default, interest of 14% per annum is payable.

The Publisher is entitled, when important circumstances arise, to make the publication of further advertisements conditional on advance payment, even during the term of an advertising contract.

Invoices are payable and legally enforceable in Vienna. Vienna is the place of performance. All disputes arising from the relevant orders are decided exclusively by the competent court in Vienna.

VII. Miscellaneous

Proof copies are only provided upon explicit request. The client bears responsibility for the accuracy of returned proof copies.

Cancellations of advertisements are subject to a cancellation fee. Cancellations up to three weeks before the advertising deadline are free of charge. Cancellations after this point will be charged at 30% of the rate card value of the order. If cancellation occurs after the advertising deadline, 100% of the rate card value is due.

VIII. Specific Services (Address Material)

In view of the particular characteristics of the address publishing business, the Publisher provides no warranty for the postal or other accuracy and completeness of address material. In the event of warranty claims for returns, the Publisher will reimburse, to the extent that returns exceed a proportion of 10%, the basic address price without postage for the portion exceeding 10%, provided the envelopes are returned within six weeks of delivery.

All addresses supplied may only be used by the client with the frequency contractually agreed. Without an express agreement, the supplied addresses may only be used once for an addressed advertising campaign.

Telephone advertising campaigns are only permissible within the framework of the applicable statutory provisions. The transmission of an address with a telephone number does not imply that the person concerned has agreed to being contacted by telephone for advertising purposes.

The sale or transfer of address material to third parties, as well as use for further advertising mailings, is not permitted.

Each individual use in breach of contract obliges the client to pay a contractual penalty amounting to ten times the consideration paid for the total supply.