Terms & Conditions
IGL Werbedienst Ges.m.b.H. works as a contractor for its customers as a contracting authority exclusively under the following conditions:
- The copy of the advertisement order is considered an order confirmation
- The contractor is entitled to withdraw from the contract without giving reasons until the advertising deadline. The contractor shall declare with withdrawal in writing. Any claims for damages by the client due to the withdrawal are excluded.
After the order has been placed, the client can only withdraw from the contract with the express consent of the contractor.
- Cost estimates or quotes in advance are non-binding. Documents such as sketches and cost statements are only binding if this is expressly stated in writing.
- If the order between the contractor and the client has already been completed directly, no agency can be intervened afterwards.
ORDER PROCESSING / SCOPE OF SERVICES
CONTRACTOR OBLIGATIONS OF IGL
- The scope and content of the services to be provided results from the service description in order or any order confirmation by the contractor. Subsequent changes to the service content require written confirmation by the contactor.
- The contractor guarantees that the advertisement will be reproduced correctly in terms of printing technology. Slight colour deviations are due to production technology and do not justify complaints. Unsuitable or damaged printing material will be returned to the client. The client receives a draft text for correction. If this text has been approved by the client, subsequent changes or additions are only possible with the consent of the contractor and against an additional charge. The same applies to changes to images based on an approved colour copy template.
- Proofs will only be made upon express written request. Approval for printing is deemed to have been granted if the contractor does not receive the return on time.
- Placement: There is no guarantee that advertisements will be placed at certain locations. This does not apply the orders whose validity - if the placement surcharge is provided for in the tariff is paid - is made dependent on a specific placement.
- The contractor reserves the right, in the interests of the community of all advertisers, to place an advertisement elsewhere, provided that this is useful for the overall visual impression of the publication and the advertising space remains unchanged. In the case of editorial design as part of a promotional series or a special issue, the client has no say in terms of the type of design, text and image arrangement. The client also accepts that original lettering or signets cannot be used for most publications.
- Exclusion of competition requires the contractor's written confirmation, is only possible with regard to one side or the opposite side and is only taken into account as far as possible from an insertion size of 1/2 page upwards, but is not binding. As far as the client does not specifically exclude any competitors and the contractor only promises a general exclusion or competition, which must be in written form, this only relates to the main purpose of the client's company and nost any secondary activities mentioned in the advertisement. The main purpose of the client's company is in case of doubt, what is written in large letters or in the first place. Any further liability of the contractor is excluded. Text advertisements that are not immediately recognizable as advertisements due to their design are marked as advertising.
- Unless excpressly agreed, all delivery and service periods are non-binding. If binding deadlines agreed in writing are not met due to force majeur or other unforseeable events that cannot be prevented by reasonable means, the deadlines will be extended by a reasonable period of time.
- Unless otherwise expressly agreed, printing documents will only be returned at the request of the customer. This retention period ends three months after the invoice has been issued.
- The client shall provide the contractor with suitable printing documents on time after the order has been placed, without being requested to do so. If the printing documents are not received on time, the contractor reserves the right to surcharges for cost and/or to use substitute image material. In case of delay, the order is deemed to have been fulfilled if the advertisement is made using another print material provided by the customer or if only the customer's name and address are published.
- The client will inform the contractor of all circumstances that are important for the execution of the order, even if they only become known during the execution of the order. The client bears the expense that arises from the fact that work must be repeated or delayed by the contractor as a result of incorrect, imcomplete or subsequently changed information.
- If the client withdraws from the contract with the consent of the contractor (see point 2 client obligations), the contractor can demand cancellation fees in the amount of the damage actually incurred. If an order is cancelled after the advertising deadline (if this is technically possible), the customer will be charged the full advertising price.
- The client is obliged to check the documents made available for the execution of the order (photos, logos, etc.) for any copyrights, trademark law or other rights of third parties and guarantees that the documents are free from third party rights and can therefore by used for the intended purpose. If the contractor is sued by a third party because of such an infringement, the client indemnifies and holds the contractor harmless; the client has to reimburse the contractor for all disadvantages that arise from a claim by third parties, in particular the costs of appropriate legal representation.
- Costs for the production of the printing documents are borne by the client.
COMPLAINTS, WARRANTY AND LIABILITY
- Complaints must be received by the contractor in written form within 8 days of the appearance of the advertisment in order to be recognized.
- If the documents made available by the client are defective and this was not immediately recognizable, but only became clear during the printing process, the client has no claims for damages in the event of insufficient printing.
- The contractor assumes no liability for advertisements placed by telephone or changes made by telephone.
- Any positive damage incurred by the client from the contractual relationship can only be asserted in the case of proven gross negligence or intent on the part of the contractor. Even if the contractor is at fault, the contractor is not liable to the customer for lost profit or other consequential damage. The contractor is only liable to the client for personal injuries resulting from this contractual relationship in the event of proven gross negligence or intent on the part of the contractor.
- If the contractor is in default, the client can only withdraw from the contract after setting a reasonable grace period of at least 14 days and this has expired without result. Claims under compensation law can only be asserted in the case of proven gross negligence or intent.
- Claims for damages by the client expire six months after knowledge of the damage; at least after three years from the conductor's act of infringement. Claims for damages are limited in amount to the net order value.
SETTLEMENT / PAYMENT TERMS
- The contractor reserves the right to request advance payments.
- The invoice amounts are due no later than 8 days after the invoice has been issued. Payment is deemed to have been received as soon as the contractor can dispose of the invoice amount. In case of default in payment, company interests will be charged in accordance with § 456 UGL, starting with the invoice date. Any dunning and collection costs will be charged to the client. In the case of an instalment agreement, default in one instalment leads to the loss of an appointment.
- The client can only discharge the debt to the contractor. Employees of the contractor are not entitled to collect.
- The client is not entitled to unilateral offsetting.
- Invoice complaints are only accepted within 4 weeks of the date of issue.
- In case of operational and traffic disruptions, official orders and other interventions due to force majeure, the contractor is entitled to full payment if at least 75% of the guaranteed edition is delivered.
- The client gives his express consent that the conductor's personal and company-related data of all customers will be stored and processed. The data is protected in the accordance with the GDPR. The client explicitly takes note of the contractor's data protection declaration which contains all the information required for processing the data and the rights of those affected. This declaration can be viewed at any time by those affected at www.igl.at and will be handed out in printed form on request.
- The client can only transfer the rights from the contract to third parties with the express consent of the contractor.
- The place of performance and jurisdiction for all disputes arising from the contractual relationship is the city of Salzburg. Austrian law shall apply to the contractual relationship including the question of the valid formation and the pre- and post- effects.
APPLICATION OF THE GTC
- These terms and conditions (GTC) of IGL Werbedienst Ges.m.b.H. apply to all legal relationships between the client and the contractor.
- The version valid at any time the contract is concluded is dicisive. Deviations from these and other supplementary agreements with the client are only effective if they are confirmed in writing by the contractor.
- Any terms and conditions of the client, even if they are known, are not accepted, unless otherwise expressly agreed in writing in individual cases. The contractor expressly objects to the client's general terms and conditions. There is no need for the contractor to object to the general terms and conditions of the client.
- Should individual provisions of these general terms and conditions be ineffective, this shall not affect the binding nature of the remaining provisions and the contracts concluded on the basis of them. The ineffective privision is to be replaced by an effective one that comes closest to the meaning and purpose.
- In addition, the general terms and conditions of the publishers issuing the objects in question as well as the general terms and conditions for advertising of the VÖZ publishers' association apply. In the event of contradicting conditions, these terms and conditions apply first, then those of the published objects and finally those of the VÖZ publishers' association.