DIAMOND BUSINESS KG | Johannes-Schilling-Straße 24 | 97483 Eltmann
1. Frequency of publication
The print edition of DIAMOND BUSINESS is published quarterly.
Advertisements will be displayed for the contractual duration agreed on verbally or in writing. The method of performance and the scope of the advertisements to be displayed will be set out in the contract or from the informal wishes expressed by the interested party. DIAMOND BUSINESSguarantees that all advertisements will be reproduced using the best typographical techniques available at the time and location of publication. DIAMOND BUSINESS shall be entitled to discontinue without further notice any advertisements whose form or content are in breach of the law or that offend against moral or professional principles. The clients of any such advertisements will be informed of this discontinuation immediately.
The advertiser shall be responsible for providing the advertising text and good-quality illustrations and supplements in good time. The costs for drafts, final artwork, producing illustrations and making any modifications are not included in the price of the advertisement. The publisher guarantees that the advertisement will be reproduced using the best typographical techniques available. This will be determined by the average print capacity based on the printing technique applied and by the quality of the paper used. For colour reproductions, minor alterations from the original shall not constitute reasonable grounds for making a complaint. The same shall apply to comparisons between the colour proof and the printed edition.
If DIAMOND BUSINESS does not receive advertising documents by the time they are due to be printed (i.e. when the issue goes to press), the advertisement contracted for will be printed in the following issue. DIAMOND BUSINESS may not be held liable if any placements cannot be respected owing to an omission by the contracting party or if the print quality is harmed because certain documents have not been provided.The contracting party shall bear sole responsibility for the content and legal permissibility of the text and images provided for publication.
The client is responsible for the provided material (text, pictures, etc.) in its entirety. He is responsible for the maintenance of text and image rights and may not submit content available that could ever infringe the copyright in any form. Conversely DIAMOND BUSINESS is relieved from the legal and financial responsibility for copyright protected contents, which are published by the client. Dissuasions due to copyright infringements should be sent to the client.
DIAMOND BUSINESS shall not be liable for the print quality of any photos or digital media submitted or for errors caused by the remote transfer of documents. Liability for wilful intent or gross negligence remains reserved. Advertisements will always be reproduced as well as possible. Each reprinted in the DIAMOND BUSINESS title image is also published at the same time and for a period of 12 months online on our website www.diamond-business.info. For the online presentation, the image rights are also provided. Image license violations are immediately forwarded to the polluter.
Sample issues will be provided only if expressly requested. The contracting party shall be liable for the correctness of any sample issues returned for publication. If the contracting party fails to return a sample issue within the fixed period of three working days, that issue shall be deemed to have been approved for printing. The contracting party shall be entitled to pay a reduced amount or to demand that a corrective issue be released if the advertisement is published in a manner that is wholly or partly illegible, incomplete or incorrect, where this error is attributable to DIAMOND BUSINESS. The deadline for complaints and claims shall expire 14 days after the first day of publication or after the date on which a specimen copy is provided. Any further liability is excluded.
DIAMOND BUSINESS reserves the right to make representative reductions to any free advertisements or any bodies of text that exceed the maximum volume permitted. The contracting party shall not have any claim in respect of such reductions. Terminating the advertising contract after the advertisement has been published is no longer possible except on substantial grounds. The contracting party shall be entitled to demonstrate less significant loss or damage. If the contracting party withdraws from a contract covering multiple issues, 50% of the total value of the contract for the advertisements not displayed shall be payable in compensation, withdrawing from a single issue contract, 30% oft he contract should be payable in compensation, and DIAMOND BUSINESS shall not be required to furnish details of the individual issues. Any discounts granted shall become void and must be repaid by the contracting party. Printed issues will be archived for up to six months after publication and returned to the contracting party only if expressly requested. Advertising agencies or brokers must abide by the pricing applied by DIAMOND BUSINESS in all negotiations, agreements and invoicing with advertisers. The agency commission garnered by DIAMOND BUSINESS, which is generally 15%, may not be passed on to the contracting party either in whole or in part. Agency discounts may not be combined with volume discounts. If any changes are made to advertisement prices, the changed prices shall come into effect for new clients immediately. Ongoing contracts shall retain their agreed conditions for the remaining maximum duration of the contract.
Annual subscription: National € 46,- (including tax and shipping), International € 55,- (including shipping). Annual subscriptions shall be extended by a further year in each case unless they are terminated 3 months before expiring.
4. Due date and payments, Delay
Amounts invoiced shall be payable immediately and without deduction, unless otherwise stipulated on the invoice. No discounts for cash shall be granted. Any unauthorised cash discount deductions will be demanded in addition. If making international payment transfers, please ensure that the correct amount is credited to our account. Any banking fees levied must be added to the invoice. If the client falls behind in making payments or if the publisher becomes aware of circumstances liable to have a significant negative effect on the client’s creditworthiness (particularly cessation of payments or insolvency), the publisher shall be entitled to withhold any outstanding advertisements or deliveries, or to demand payment in advance prior to publication or delivery.
5. Right to retract
Once an issue has gone to press, there shall no longer be any right to retract any advertisement or entry in the list of vendors.
In case of cancellation or non-utilization of an order, 15% of the order value will be charged.
7. Force majeure
All obligations to perform contracts and pay damages shall lapse in the event of force majeure.
8. The place of performance and applicable jurisdiction shall be Bamberg.