General terms and conditions

 

 

• 1 Contractual object

1. The company marketSTEEL, owner Dagmar Dieterle-Witte, Unter den Eichen 51, D-40625 Dusseldorf, hereinafter the <<provider>>, operates an information platform for the steel sector on this website http://www.marketsteel.de/ on which the client can place advertisements in various ways (such as digital surfaces like logos, images, texts, microsites, tone sequences and videos), create a database entry as well as book newsletter and e-mail campaigns.
2. The provider enables the client – depending on the booked package – to communicate with customers via a contact form and a link to the respective company homepage. The provider herself does not act as buyer or seller.
3. The general terms and conditions of the provider apply exclusively. Contrary or different conditions derived from the customer do not apply unless the provider has expressly agreed in a specific case.

 

• 2 Conclusion of contract

1. An individual arrangement with the provider is necessary for the reservation of an advertising measure (all advertising materials offered by marketSTEEL such as banners on the website, database entries as well as advertisements in newsletters). The contract comes into effect exclusively by electronic confirmation by the provider in written form.
2. Only enterprises can be contracting partners (according to §14 BGB). For the purposes of these Terms and Conditions entrepreneur means a natural person, legal entities or partnerships with legal capacity, who, when ordering, are exercising their commercial or independent professional activity.
3. They can conclude contracts with the provider themselves as well as via an agency. In the case of a conclu­sion of a contract with an agency it acts on its own behalf and on its own account.
4. A right to conclude a contract does not exist. The provider reserves the right to reject the signing of the license agreement without giving reasons. The conclusion of a contract is subject to availability and technical feasibility. In the event of non-availability, the contracting partner will be informed immediately and any refund due reimbursed.

 

• 3 Rights and duties of the Ordering Party

1. The client is obligated to pay the fee for the advertising to the provider in accordance with §6 No. 2 of these Terms and Conditions.
2. Exclusively advertising measures that refer to companies in the steel sector which means from steel producing and processing industries, the steel trade and supplier industries or which have a direct relationship to the steel sector are permitted on the internet platform.

The provider is not obliged to review the advertising measures. The client may place no advertisement which infringes German law or violates social standards, and in particular no advertisements that

1. a) infringe any third-party rights in particular ownership, copyright, name and trademark rights.
2. b) use content that promotes violence or is pornographic in nature or violates any regulations of the penal code.
3. c) contain viruses, Trojan horses or any other programs that would be able to damage data or systems, or secretly intercept or delete data.
4. d) contain products that are not allowed to be sold, bought or offered publicly or the possession of which violates applicable laws.
5. If persons are named or illustrated within the advertising materials, the client assures the existence of proof of consent from every named natural person.
6. Clients may only advertise in their own name and not on behalf of third parties.
7. If the provider should become the target of claims due to a client’s content and be required to suspend, remove, provide information or compensation for expenses or damages to a third party, the client shall be required to reim­burse the provider all expenses including reasonable legal fees for the defence. If the claims of such a third party should be in dispute and the client cites non-existence of such claims, the client shall have the option of preventing liability toward the provider by providing the provider with adequate collateral for the cost of proceedings and damage claims in advance for the defence against claims and by joining the legal proceedings.
8. The client transfers the unrestricted license to use and the exploitation rights to the provider, in particular the rights to reproduction, publication, public access, distribution, dispatch, storage as well as the right to upload into databases. That includes especially the right to edit, publish and/or make the advertisement of the client publicly available in the provider’s advertising campaigns.
9. The client is obliged to make the advertising materials available five working days before the agreed publication date at the latest via e-mail or on an electronic medium by mail to the provider. The client bears the risk of any delays.
10. The client is obliged to check the advertising material immediately on receipt of the confirmation of publication (by email) and to inform the provider of any errors or other problems, promptly, and within two working days at the latest.

 

• 4 Rights and duties of the provider

The provider reserves the right to delete or cancel or stop the transmission of advertisements and other advertising materials if the content of the advertisement violates the obligations of §3 No. 2 to 5.

 

• 5 Placement and duration of the advertising materials

1. The provider will pay attention, as far as possible, to the client’s positioning requests. The client does not, however, have a right to the requested positioning.
2. A company or product entry is booked for one year (=12 calendar months). They are automatically exten­ded, taking into account the valid price list for another year unless a contracting partner cancels by giving three months’ notice prior to the end of the booking period.
3. Advertising that is booked must be actioned within one year. The price will be in accordance with the price list valid at the time of publication, unless different prices are agreed in writing. If all the advertising is not concluded within one year, the provider is at liberty to adjust the discount offered and make an additional charge.

 

• 6 Terms of payment

1. Upon commissioning of the advertising measures the client is obliged to undertake payment.
2. Payment will be in accordance with the price list valid at the time of booking and the order confirmation. The price list may be changed at any time. In the event of a price increase the client has the right to withdraw from the contract. The period of notice is five working days from the announcement of the price increase. Notice of termination must be given in writing. Price changes are not valid for confirmed orders.
3. Payment is due within 14 days of invoicing provided that no other agreement was entered into. If payment is received within five days a 2% cash discount on the invoice amount will be granted.
4. The payment can be made by direct debit or bank transfer. Foreign transaction costs incurred during payment and/or booking processing will be charged to the respective user.
5. In the event of an unjustified cancellation or non-payment of a direct debit an administration fee of 10.00 € will be charged. The client is entitled to prove that a lower cost was incurred.
6. If payment by the client is behind schedule the provider is entitled to place the advertisement offline.

 

• 7 Exclusion of liability

1. The provider shall not be liable for claims based on the fact that the internet platform is temporarily unavailable to users, in particular because of maintenance work, as long as the interruption does not exceed a total period of 1.5% of a year per calendar year and in cases of longer interruptions if no deliberate act or gross negligence has occurred.
2. The provider shall not be liable for the correctness and/or completeness of advertisements provided by the client on the internet platform.
3. In particular, the provider distances herself from all internet links as well as their respective content and creators incorporated in the offer and shall not be liable for the content, business transactions made or damages incurred via such links.
4. The provider is liable without limitation for damages as well as injury to life, physical harm or health caused intentionally or as a result of gross negligence. The provider is liable for other damages only to the extent that a duty is violated which is of critical importance for the contractual purpose to be achieved (cardinal duty).
5. Any further liability of the provider is excluded.

 

• 8 Changes to the terms of use

These terms of use may be amended, modified or invalidated by the provider. The provider reserves the right to change these terms of use at any time without being required to give any reasons. The amended conditions will be communicated to the contracting partner in written form two weeks prior to their entry into force. The acceptance of the amended conditions will be valid if the contracting partner does not object within two weeks after receiving the e-mail. Within the notification of the amended conditions the provider will draw attention to the significance of the two-week respite and the possibility of an objection.

 

• 9 Final provisions

1. In the event that individual provisions of this contract should be ineffective or become ineffective at a later date in full or in part, this shall not affect the validity of the remainder of the contract.
2. The head office of the provider is the place of jurisdiction for all contracts concluded on the basis of these Terms and Conditions provided that the contracting partner is a business under the terms of the German Commercial Code.
3. In the event of discrepancies between the English translation of these “Terms and Conditions” and the German original, the original German version is the legally binding version.