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1. “Online advertisement order” within the meaning of the following General Terms and Conditions of Business is the contract concerning the publication of one or more online advertisements including banner ads, text ads, sponsored posts, competitions and deals as well as listings by an interested party on Ahoi.dev for the purpose of dissemination on the Internet. It is the responsibility of the customer to check that the content of the advertisement he has placed in the order complies with competition law, trademark law and copyright. Insofar as claims are made in law against Ahoi.dev for breach of any such provisions, the customer shall absolve Ahoi.dev of all liability.
2. Advertisements must be processed within the time period agreed in the selected ad pack, otherwise within one year of conclusion of the contract. If the right to process individual advertisements is granted as part of a transaction, the order must be dealt with within one year of the appearance of the first advertisement, provided that the first advertisement is processed and published within the period stipulated in sentence 1.
3. In all transactions the customer is entitled, within the agreed period or the period stipulated in Point 2, to process further advertisements over and above the quantity of advertisements stipulated in the ad pack. If necessary further ad packs must be acquired for this purpose.
4. If an order is not fulfilled for reasons beyond the control of Ahoi.dev, the customer shall reimburse, without prejudice to any further statutory duties, to Ahoi.dev the difference between the discount granted and the discount actually accepted.
The requirement to reimburse shall cease to apply, where the non-fulfilment is caused by force majeure in Ahoi.dev’s risk sphere.
5. Orders for advertisements, which by definition are intended to be published exclusively by certain dates, by certain times or in certain slots on Ahoi.dev, must be received by Ahoi.dev in good time, so that the customer can be notified before the advertising copy closing date, if the order cannot be fulfilled in the required way. Categorized advertisements shall be displayed in the relevant category, without any need for express agreement to this effect.
6. Online advertisements are advertisements, which may consist of one or more of the following components. Advertisements, which by reason of their editorial design are not recognisable as advertisements, shall be clearly marked by Ahoi.dev with the word, “Advertisement” or “Ad”. This shall also apply to advertisements which are incorporated into Ahoi.dev’s website by external cooperation partners. These advertisements shall be marked as such by the logo of the cooperation partner.
7. Ahoi.dev reserves the right to refuse orders for advertisements – including individual processing requests as part of a transaction – based on objectively justified principles of Ahoi.dev on the grounds of their content, their origin or their technical form, where their content infringes the law or governmental provisions or where Ahoi.dev deems their publication to be unreasonable.
The refusal of an order shall be notified without delay to the customer. Any refunds will then be processed within three business days.
8. The customer is responsible for the timely delivery of the advertising text and of data free from defects. Ahoi.dev shall without delay request replacement of visibly inappropriate or damaged data.
Ahoi.dev guarantees to provide the quality of advertisement customary for Ahoi.dev as permitted by the quality of the data supplied.
9. In the case where the advertisement is illegible or incorrect in whole or in part, or where the advertisement has not been displayed in full, the customer shall be entitled to claim a reduction in payment or the replacement of the advertisement by an advertisement without defects, however, only to the extent that the purpose of the advertisement has been prejudiced. If Ahoi.dev allows a reasonable deadline stipulated to it for this purpose to elapse or if the replacement advertisement fails once more to be free of defects, the customer shall have the right to reduction in payment or rescission of the order.
The customer may assert claims in damages beyond liability for defects of goods or title only where there has been intent or gross negligence. This exclusion of liability shall not apply where death, injury to body or health has been occasioned nor in cases of breach of material contractual obligations. With the exceptions of intent, gross negligence and damages arising from death, injury to body or health, the liability of Ahoi.dev shall be limited to the amount of damages typical for the industry and foreseeable at the time the contract was concluded.
10. Proofs shall be sent by e-mail as .pdf documents only at the express wish of the customer. The customer shall be responsible for the accuracy of the proofs returned by him. Ahoi.dev shall take into consideration all error corrections, which are notified to it within the deadline set at the time of transmitting the proof.
11. If no specific instructions have been given as to size, the format customary with Ahoi.dev shall be taken as a basis.
12. In cases where the customer does not provide payment in advance, the invoice shall be sent immediately, at most 14 days from the publication of the advertisement.
The invoice shall be payable within the time limit from receipt of the invoice as published in the invoice, unless in individual cases another payment deadline or payment in advance has been agreed. Any reductions for early payment shall be granted as published in the price list.
13. In the case of arrears of payment or deferment of payment interest and collection costs shall be invoiced. In cases of arrears of payment Ahoi.dev shall be entitled to postpone any further performance of the current order until payment has been received and to demand payment in advance for any remaining advertisements. Where there are grounds for doubting the ability of the customer to pay, Ahoi.dev shall be entitled , even during the duration of an agreement for advertising, to make the appearance of any further advertisements irrespective of any originally agreed date for payment dependent on payment in advance of the sum and on the settlement of open accounts.
14. On request Ahoi.dev shall deliver by e-mail with the invoice a proof of advertisement as a .pdf file. Depending on the type and scale of the advertisement order, extracts from the advertisement or tear sheets shall be provided. If it is impossible to do this, Ahoi.dev shall instead supply a legally binding statement concerning the publication and dissemination of the advertisement.
15. Costs of the production of graphics specified in an order and of substantial modifications of the designs as originally agreed, either required by the customer or beyond the control of the customer shall be borne by the customer.
16. Data provided by the customer shall be returned to the customer only if he specifically requests their return. The obligation to retain material shall end three months after the expiry of the order.
17. The customer is entitled to edit current advertisements at any time or can end the run of a given advertisement ahead of schedule by sending a request through Ahoi.dev’s contact form. It shall not be possible to suspend advertisements. Once ended, advertisements cannot be reactivated again, but must be activated afresh subject to a charge.
Notice to terminate a customer account may be given at any time in writing by e-mail without any requirement to observe a notice period. Current advertisements shall be de-activated immediately on receipt of the notice of termination or on the date notified for termination. No compensation shall be given for ad packs, online advertisements or subscriptions, which have not yet been processed.
A customer is entitled to terminate his subscription at any time and with no difficulty in his Stripe account. In cases where we need to manually cancel subscriptions, a customer needs to contact us first. Subscriptions must be terminated at the latest one working day before the next deadline for payment.
Payment for services, with which the customer has tasked Ahoi.dev and which Ahoi.dev has already performed, must also be settled by the customer on termination and cancellation.
End of Terms and Conditions for Advertisers
Date: July 12, 2021
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