(1) The Publisher shall send the Customer an offer.

(2) With the acceptance of the offer by the customer, the contract comes into effect. Acceptance can be made in writing, in text form (including email) or verbally.

(3) The customer receives a booking confirmation from the publisher. This is purely informational.

The following forms of participation (customer contributions) are available for this purpose, among others:

1. guest contribution

– Companies present their expertise on a topic without appearing in an advertising capacity.

2. advertising contribution

– Companies present, among other things, company activities or selected projects or describe their products or services.

3. advertisement

– Classic advertisement, which is designed by the customer

– Is marked as an advertisement and set off from editorial articles

4. native ad/social ad

– Content articles, ads or videos of the company are published digitally (on websites and/or apps) and marked accordingly as advertising

5. contextual ad

– Ad formats are published digitally (on websites and/or apps) in suitable thematic environments and marked as advertising

(2) The characteristics of the respective participation forms and further details can be found in the currently applicable quality requirements, which are part of these General Terms and Conditions.

(3) Orders for other product forms or categories and/or other product designations shall only be binding after consultation and, if applicable, submission of a sample and its express written confirmation by the publisher.

(4) In principle, there is no entitlement to a specific placement within the booked special publication. The promise of a specific placement is only binding after written confirmation by the publisher. In this case, a placement surcharge of 15% shall be levied on the respective agreed price.

(2) This applies, for example, if guest contributions with advertising content are supplied. In the event of rejection of such a contribution, the customer will be requested once, setting a deadline, to provide a contribution with the product requirements agreed upon at the time of booking. If, even after this request, the customer does not deliver a new contribution within the set period or merely a contribution that once again does not meet the requirements, the publisher may, at its discretion, either definitively refuse to publish the contribution or mark and place it as an advertising contribution. This decision is the responsibility of the publisher and will be communicated to the customer immediately. A right of the customer to withdraw from the contract does not arise from the rejection or from a changed labeling, in particular the payment claim is not affected by this.

(3) The same shall apply in the event of non-compliance with technical standards and/or quality requirements.

(4) The publisher also reserves the right to reject customer contributions for other important reasons.

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A reason for rejection exists with regard to a customer contribution in particular if:

– whose content violates laws or official regulations,

– this contains advertising of third parties or for third parties,

– this contains political or religious appeals,

– whose content promotes the arms industry,

– medical active ingredients are advertised or medical active ingredients are described or mentioned by name therein.

(5) Insofar as the publisher does not exercise its right to reject customer contributions that contain advertising by or for third parties, i.e. publishes them nevertheless, this shall entitle it to charge an appropriate surcharge on the agreed costs of the respective contribution.

(6) The customer shall be notified immediately of the rejection of a customer contribution. The customer shall be given a reasonable period of time within which to deliver a new or amended contribution in order to avoid the rejection or the price surcharge, if applicable.

(7) The publisher is not obliged to check every customer contribution for possible reasons for rejection. This also applies in particular to the question of whether a contribution is promotional or contains advertising by or for third parties.

(2) The customer alone shall be responsible for the timely delivery before the printing material deadline and the perfect condition of suitable printing material (in particular print data in digital form) or provided advertising content. This applies to the texts as well as to images and graphics and, in the case of designed advertisements, to these as a whole. The print documents or advertising content provided by the customer must contain all data required for the final printing of the customer contribution or the publication of the digital advertising content.

(3) If Customer Contributions (including, in particular, designed advertisements) are delivered incompletely or not with the required properties in accordance with the quality requirements communicated, the Customer shall be obligated to deliver a corrected version immediately upon request by the Publisher. If the customer fails to comply with this obligation, the publisher shall have the right to make the necessary adjustment itself. For this purpose, it may use the services of third parties. In this case, the customer shall bear the costs for the additional expenses incurred as a result.

(4) It is not necessary for the customer to send proofs. If the customer nevertheless sends these to the publisher, they will not be forwarded to the printer, nor will they be authoritative for the final appearance. Only the digital print data sent by the customer shall be authoritative.

(5) Print documents and/or proofs will only be returned to the Customer upon express request by the Customer.

(6) The Publisher shall not be obliged to retain print documents or advertising materials. As a rule, however, these will be retained for one month after the initial publication of the Customer Contribution or after the end of the campaign and then deleted.

(2) Up to two approval PDFs can be sent to the customer free of charge. From the request of a third PDF, the publisher can charge the customer the corresponding additional costs (according to time spent, at an hourly rate of 100,- €). A maximum of five release PDFs can be created in total.

(3) The release process takes place on the production days of the special publication in which the customer has booked a participation. The customer will be informed in advance about the date of this production. The customer is obliged to provide the publisher with a contact person for this release process in good time.

(4) If a contribution is not immediately returned corrected or released by the customer, the release shall be deemed to have been granted.

(5) If the customer requests changes again after the fifth release PDF, these will be taken into account, but will be deemed to have been released without being sent to the customer.

(6) Customer contributions which are already delivered in layout form, such as advertisements, will not be sent to the customer for approval after placement in the layout of the special publication or on digital advertising space.

(1) The customer declares that it holds all copyrights, trademark rights and other property rights required for the publication of the respective customer contribution and that neither the texts nor the layout or other design violate the rights of third parties.

(2) The Customer grants the Publisher all rights of use to copyrights, ancillary copyrights, trademarks and other property rights required for the use of the Customer Contributions sent to the Publisher in print and online media of all types (including the Internet), without limitation as to time, place or content. This includes, in particular, the right to reproduce, distribute, exhibit, broadcast, make available to the public and publish.

(3) In addition to the distribution of the special publication in daily newspapers and its display at events, such as trade fairs, all other conceivable forms of marketing and distribution, as well as unknown types of use, are also covered by the granting of rights.

(4) The Publisher shall in particular also have the right to store Customer Contributions in databases or to have them stored by third parties and to make them available for retrieval and to offer them to third parties.

(5) In particular, the publisher also has the right to keep the special publication or individual contributions from it available in digital form (e.g. as PDF documents) or to offer them for download, regardless of the end devices and technology used.

(6) The Publisher shall have the right to archive all Special Publications containing Customer Contributions or the respective Customer Contributions alone and to make these archives publicly accessible for an unlimited period of time and place.

(7) The Publisher shall have the right to transfer all rights granted to third parties or to grant simple rights of use to third parties.

(8) The Customer hereby consents to the processing of all materials sent to the Publisher and to the corresponding exploitation of any new copyrights that may have arisen as a result of the processing.

(9) The Customer shall bear sole responsibility for the content and legal admissibility of the text and image documents provided for publication as well as all components, layouts, etc. supplied.

(10) The Customer shall indemnify the Publisher against all claims of third parties which these may raise against the Publisher due to infringements of rights by contributions of the Customer. Furthermore, the Publisher shall be indemnified against the costs of an appropriate legal defense. The customer is obligated to support the publisher in good faith with information and documents in the legal defense against third parties.

(11) The Publisher is permitted to use the trademarks and company logos of the Customer as well as the advertising content for its own marketing purposes. For this purpose, the Customer grants the Publisher a non-transferable, royalty-free, non-exclusive license, unlimited in time and space, to use its trademarks and company logos as well as advertising content. The license includes, in particular, the right to make these publicly accessible in online media, such as the Internet, or to reproduce or distribute them offline (using data carriers, printed matter or other advertising media).

The publication of digital content can take place on the publisher’s own websites as well as on websites of other media and cooperation partners.

(2) The publisher shall be liable for all damages, whether resulting from a breach of contractual obligations or from tortious acts, in accordance with the following provisions:

In the event of gross negligence, liability shall be limited to compensation for typical foreseeable damage; this limitation shall not apply insofar as the damage was caused by legal representatives or executive employees of the Publisher.

In the case of simple negligence, the publisher shall only be liable if an essential contractual obligation has been breached. In such cases, liability shall be limited to the typical foreseeable damage.

(3) In the case of claims under the Product Liability Act and in the case of injury to life, limb or health, the above limitations shall not apply; instead, the Publisher shall be liable in accordance with the statutory provisions.

(4) All claims against the Publisher arising from a breach of contractual obligations shall become statute-barred one year after the statutory commencement of the limitation period, unless they are based on intentional conduct.

(5) In the event of operational disruptions or in cases of force majeure, illegal labor disputes, unlawful seizure, traffic disruptions, general shortages of raw materials or energy and the like – both in the Publisher’s operations and in third-party operations used by the Publisher to fulfill its obligations – the invoice amount shall be reduced in the same proportion as the guaranteed circulation bears to the circulation actually delivered.

(2) For participation in special publications, the cancellation costs shall amount to 25% of the agreed participation costs if the cancellation is made before the start of the editorial meeting. In this case, the customer contribution will not be published.

(3) In the event of cancellation after the start of the editorial meeting, the cancellation costs shall amount to 100 %, i.e. the Publisher’s remuneration claim shall then remain in full. In this case, the publisher will endeavor to remove the customer’s contributions from the special publication, insofar as this is still possible.

(4) Cancellation after the start of production of the special publication is not possible.

(5) Digital advertising campaigns can be cancelled free of charge before the start of the campaign as long as no briefing has yet taken place. If the briefing process has been completed and the campaign has been set up, the cancellation costs shall be 100% of the agreed playout costs.

(2) In lieu of cancellation, the publisher may postpone the originally planned publication date. The same applies to the postponement of the title to another carrier medium. If the date is postponed by a maximum of six weeks, the customer’s booking for the special publication shall remain in effect. The customer will be informed of this immediately.

(3) In the event of a postponement of the publication date by a longer period of time, both the publisher and the customer shall have a right of withdrawal. If one of the parties exercises this right of withdrawal, the legal consequences of cancellation set out in paragraph 1 shall apply.

(4) The Publisher is entitled to stop the playout of advertising content or the digital advertising campaign if a Publisher or the Publisher has been required by official or court decisions to remove the Customer’s advertising content and/or the insertion of a Customer’s advertising leads or has led to a malfunction at the Publisher. The Publisher’s claim to remuneration shall remain in effect.

(2) The Publisher shall invoice the Customer for the services no later than the publication date of the special publication or the start date of the (digital) campaign.

(3) The Customer must submit any objections to the invoice to the Publisher in writing within 6 weeks, stating the invoice number. Otherwise, the invoice shall be deemed approved.

(4) The Publisher is entitled to have the invoicing and payment transactions carried out by third parties and to assign its payment claims to third parties. If necessary, the customer agrees to this already now.

(5) All prices stated in invoices or offers of the Publisher are in addition to the statutory value added tax.

(2) Advertising intermediaries, advertising agencies or other third parties who broker orders to customers of the Publisher shall be obliged to adhere to the price list and payment terms of the Publisher in their offers, contracts and settlements with the advertisers (customers).

(3) Brokerage or other agency commissions are to be agreed by such intermediaries or agencies with the customer himself and cannot be deducted from the publisher’s prices. This shall also apply in particular to any agency commissions customary in the industry, the deductibility of which is hereby expressly excluded unless such commissions are expressly agreed individually.

(4) Discounts granted shall always apply only to the specific contractual partner, not to associated companies.

(5) Discounts shall not be granted to companies whose business purpose is, among other things, to place participation orders for various advertisers in order to claim a joint discount.

(6) If a discount has been agreed for members of a particular association, the members must explicitly and expressly indicate their membership to the Publisher when booking a participation. Otherwise, there shall be no claim to the granting of the association discount.

(2) Up to five specimen copies shall be sent free of charge. The customer shall only receive additional specimen copies if he has ordered them from the publisher in good time before the printing material deadline or if the publisher has a sufficient number available and a separate reprint is not required. For the delivery of such additionally requested specimen copies, the publisher shall charge the customer a price to be agreed separately.

(1) Information on the processing of personal data is provided in the data protection statement at www.reflex-media.net.

(1) German law shall apply to disputes arising from this contract.

(2) The place of jurisdiction for all claims arising from and all disputes in connection with this contract is Berlin.

(3) Should individual provisions of the contract, including these provisions, be invalid in whole or in part, the validity of the remaining provisions or parts of such provisions shall remain unaffected.