- Red Bull Media House GmbH, Oberst-Lepperdinger-Strasse 11-15, 5071 Wals bei Salzburg, Austria, (the “Publisher”) publishes several magazines (each of them a “Magazine”) which include in particular "The Red Bulletin“, „Servus in Stadt & Land“, "Servus Kinder", "Servus Gute Küche", „Terra Mater“, „#ich“ and „Seitenblicke“. These terms and conditions govern the sales of advertisements (including the supplement of advertising material – “Inserts” and “Bounds”) by the Publisher entity offering and invoicing the services set forth herein (“The Publisher”) for the Magazines. All rights and obligations shall solely exist between the client (the “Client”) and the Publisher, unless expressly set forth otherwise herein.
- Orders which comprise the placement of advertisements in several editions of Terra Mater must be implemented within one year.
- Advertisements are placed in Terra Mater in accordance with the respective order.
- Advertisements that are not immediately recognisable as a such shall be identified as advertisements.
- The publisher will endeavour to achieve perfect printing of the advertisement. Proofs of advertisements which have been sent to the publisher will not be returned back to the customer. If the publication of the advertisement is not performed in accordance with these terms and conditions, the customer shall only be entitled to a replacement and only under the following circumstances:
a. the advertisement is illegible, incorrect or incomplete;
b. the central message of the advertisement has been impaired, and
c. this is due to faulty reproduction of the advertisement.
The liability of the publisher is limited to the extent mentioned above. All claims must be submitted within eight days of receipt of invoice.
- In cases in which defects in the material are not immediately apparent but become apparent only in the course of the printing process, the customer has no claims for inadequate printing. The publisher is not obliged to check the printing documents as to their fulfilment of requirements, quality and completeness. This remains the sole responsibility of the customer.
- Proofs will be supplied only on request. The costs are to be borne by the customer. If the customer does not return proofs to the publisher by the agreed upon deadline, then approval for printing is considered granted.
- The publisher shall keep all printing materials for a period of two months after publication of the last advertisement.
- The customer may request from the publisher design, text, graphics and photography for advertisements in which case the costs will be invoiced separately. This request is executed under the condition that all intellectual property rights remain exclusively those of the publisher. In cases of re-use in other media, the rights must be purchased separately from the publisher for this purpose.
- Typesetting, reproduction and lithography are not part of the advertisement price and where such work is necessary are billed separately.
- The content of loose inserts and glued inserts may only refer to the customer's particular business sector.
- The order can only be executed under the condition that the publisher receives appropriate samples (10 copies) from the customer no later than 4 weeks prior to the corresponding publication date.
Placement requests are subject to a placement surcharge, otherwise the publisher endeavours to fulfil its obligations accordingly.
- The publisher is entitled, even during the term of the contract, to stipulate that any further publication of an advertisement be subject to advance payment of a certain amount or to settlement of outstanding invoices.
- Costs of printing plates, matrices, drawings and any reproduction shall be borne by the customer.
- Changes in the general advertising rates are effective immediately even for current orders unless another agreement has been expressly reached.
- The customer receives a free proof copy of the advertisement after its publication.
- A 2% discount is granted for payment within 7 days of the date of invoice. Otherwise payments are due within 14 days of the date of invoice.
- The cancellation of an order must be made within one month prior to the date of publication (cancellation of advertisements on cover pages must be made two months prior to date of publication).
- If an order is cancelled in accordance with the preceding paragraph, the customer will be charged a cancellation fee of 30% of the advertisement rate. If an order is cancelled after the date referred to in the previous paragraph, the advertisement rate and all related costs must be paid by the customer without any discount.
- Costs arising from changes to the originally agreed upon or ordered printing material shall be charged to the customer separately.
- The exclusive place of jurisdiction for all disputes relating to orders for advertisements is Vienna (Innere Stadt), Austria. It is governed by Austrian law excluding the referral rules of the CISG.
- All intellectual property rights to materials produced by the publisher will remain with the publisher. Advertisements containing such materials may not be reproduced without permission of the publisher.
- The customer hereby grants to the publisher the right to reproduce the advertisement for the purpose of this agreement.
- The customer is responsible for the content of advertisements. The customer indemnifies and holds the publisher harmless in regard to any claims made by third parties arising out of or in connection with any advertisement claims – regardless of whether these claims be based on civil, criminal or administrative law. The indemnity also covers the necessary legal defence costs and a possible loss of image.