For orders for the internationalStudentsClub (iSC) the following General Standard Terms and Conditions exclusively apply. The application of General Standard Terms and Conditions by clients is disagreed with explicitly. The offers in the corporate division on the internet pages of the internationalStudentsClub apply exclusively to companies / tradespersons.
The following General Standard Terms and Conditions apply:
All prices indicated on this website are net prices.
The invoice has to be paid within the deadline indicated in the invoice if no other period of payment or advance payment is agreed on in written form in single cases. The client accepts delivery and acceptance of the invoice via email.
In case of delay in payment or respite, interests of 8% above the base interest rate as well as a dunning charge of EUR 25,- is charged. In case of delay in payment, the iSC can stop the completion of a current order until paid and it can demand advance payment for further orders. In case of reasonable doubt regarding the client's ability to pay, the iSC has the right to condition the completion of further orders on advance payment of the sum and on the compensation of open items irrespective of a date of required payment originally agreed on before beginning a new business relation and also during the duration of an order.
For orders from abroad, the invoice will be made out without the value added tax provided that a tax exemption exists and is accepted. The iSC reserves itself the right to recalculate the value added tax for the sum legally owed if the administration of finances affirms the tax liability for the performances of the iSC. The client can request the invoice to be made out in their own customary currency. The conversion rate of the EURO applies.
The client guarantees that he owes all rights necessary for publication. The client alone bears the responsibility for the content and the legitimacy of the text and picture records provided for the orders as well as all advertising material delivered. Within the order he exempts the iSC from all third-party claims, which could arise from the violation of legal terms or because of press legal regulations. For the publication of counter statements a flat cost unit rate of EUR 150,- is charged. Furthermore the iSC is dispensed from costs of necessary legal representation. The client is obligated to support the iSC in good faith with information and records for the legal representation against third parties.
The client transfers all copyrighted rights of use, intellectual property rights and other rights, especially the right for duplication, distribution, transmission, broadcasting, accessibility to the public, withdrawal from a database and retrieval, in the amount chronologically and contentwise necessary for the execution of the order, necessary for using the advertisement in all types of print and online media including the internet. The prementioned rights will be assigned locally unlimited in all cases.
In case of equipment failures or force majeure, illegal industrial conflict, illegal attachment, traffic disruption, general scarcity of raw materials or energy and the like, the iSC is freed from its liability of performance when the occurred event makes the execution of the order impossible. In this case the client can't claim damages from the iSC except a reclaim of advance payments for the execution of the order. The iSC will notify the client about the advent of the event unrequested.
Does the publication of the order not match the nature respectively performance owed under the contract, then the client has claim to a reduction of purchase price or a flawless replacement order of the respective advertising material but only to the extent in which the purpose of the order was affected. The iSC has the right to deny a replacement order if it demands an effort which is severely inadequate to the performance interest of the client with the content of the obligatory relation and the commandments of good faith in mind or if it was possible only with excessive costs for the iSC. If the iSC fails to meet an appropriate deadline for the replacement order or should the replacement order not be flawless again, then the client has a right to a reduction of purchase price or recission of the order. In case of insignificant deficiencies in the execution of the order the recission of the order is excluded. Complaints in case of unapparent deficiencies have to be put forward within a year from the beginning of the legal statutory limitation. The iSC is liable for all damages no matter whether from a violation of contractual obligations or from unlawful acts according to the following terms: In case of gross negligence the liability in business dealings is limited to the replacement of the typical predictable damage; this limitation does not apply if the damage was caused by a legal representative or a manager of the iSC. In case of ordinary negligence, the iSC is only liable if an essential contractual obligation was violated. In such cases liability is limited to the typical predictable damage. In case of claims according to the product liability law as well as a violation of life, body or health, the iSC is liable according to the legal regulations. Complaints except for unapparent deficiencies have to be put forward within four weeks after publication. All claims against the iSC deriving from contractual violation of duty lapse after two years after the legal beginning of the statutory limitation if they are not based on intentional behaviour.
Every order only becomes legally binding after written confirmation respectively rendering of accounts by the iSC. If the client books the online flatrate, the online profile will be put online after sending the booking. If the client doesn't pay the annual fee within 30 days, the profile will be deactivated and only be activated again when the client paid the bill. A deduction or reduction of purchase price in the case of deactivation due to delay in payment is not possible.
Orders, which are not recognisable as advertisement due to their editorial design, will be marked clearly with the term "Advertisement" by the iSC.
The iSC reserves itself the right to deny orders without acknowledgement of a statutory audit. Especially if its content breaks laws or regulatory action or if the publication is unacceptable for the iSC due to content, design, origin or the technical form among others or if those orders include advertisement of or for third parties.
Should the iSC not make use of its right to deny advertising media, which contain advertisement of or for third parties (combined advertising), then those require a previous written declaration of acceptance by the iSC in each single case. Those entitle the iSC to raise an association premium of 50% of the order value. The client will be informed immediately about the denial of an order.
The client alone is responsible for the on-time delivery and the flawless quality of suitable print layouts or other advertisement media. The client has to bear costs of the iSC for alterations of the print layouts desired or justified by the client. Agreed upon is the general quality of the advertisement due to the possibilities of the print layouts and the technology used by the printing company for the proven print according to statements in the price list. The sending of more than 2 colour artworks, the delivery of print layouts not on schedule and the wish for a printing deviating from the artwork can influence the placing and print quality and exclude later complaints. The iSC has to reserve itself the right to invoice arising extra cost.
Print layouts are only sent back to the client if particularly requested. The obligation to store print layouts ends three months after the first publication of the advertisement.
The iSC delivers an advertisement voucher for printings if desired. Depending on type and volume of the advertisement order, advertisement cuttings, voucher pages or complete reference numbers will be delivered. If a voucher cannot be acquired anymore, then it is replaced by a legally binding certificate of the iSC about the publication and distribution of the advertisement.
Advertisement orders via an agency will be accepted in their name and on their account. The advertising agencies are obligated to adhere to the price list of the iSC concerning their offers, contracts and accounting with the advertiser. The iSC grants AEs 15%.
The iSC has the right to increase prices for the company flatrate and banner set-ups by 5% after a duration of the contract of respectively two years. The iSC has to inform the client about this price increase one month before coming into effect at the latest. For foreign clients the exchange rate of the point in time of the invoicing applies.
Place of delivery and place of jurisdiction is the iSC headquarters.
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