Definitions and Acceptance of Terms and Conditions for Advertisers
- Home Town Media GmbH (“HTM”) accepts publication of Advertisements (as defined below) on the terms and conditions set out herein (“Terms”).
- These Terms apply to:
- print advertisements in Metropole, other products of HTM, as well as inserts (“Inserts”);
- online advertisements on keepviennaboring.at (the “Website”); and
- online advertising in form of social media promotion, paid content, media sponsorship (live streams podcasts etc.) and sweepstakes
- By placing an order, the “Advertiser” (which is the person bidding for or placing the order for the Advertisement whether they are the advertiser of the product or service referred to in the Advertisement or the advertising agency or media buyer for such advertiser) accepts and agrees to be bound by these Terms in full.
Content and Delivery of Advertisements
- Materials for any Advertisement (whether print or digital) must adhere to HTM’s technical specifications and be delivered to HTM within the applicable timeframes, each as set out in the media kit.
- HTM may, without any responsibility to the Advertiser, reject, cancel or require any Advertisement to be amended that it considers unsuitable or contrary to these Terms and remove, not print, suspend or change the position of any such Advertisement. HTM may refuse to publish any Advertisement for any Advertiser who has not paid any sums due for any advertising in any of the Newspapers or the Website. The Advertiser will remain responsible for all outstanding charges.
- The publication of an Advertisement by HTM does not mean that HTM accepts the Advertisement has been provided in accordance with these Terms or that HTM has waived its rights under these Terms.
- The Advertiser guarantees to HTM that:
- any information supplied in connection with the Advertisement is accurate, complete, true and not misleading;
- it has obtained the consent of any living person whose name or image (in whole or in part) is contained in any Advertisement;
- the Advertisement will not be prejudicial to the image or reputation of HTM or the Website or the Magazine, and will not contain anything, which HTM in good faith considers to be offensive or otherwise inappropriate;
- all digital Advertisements submitted for publication online will be free of any viruses, adware, malware, bit torrents, and no Advertisement will cause an adverse effect on the operation of the Website; and
- Where the Advertiser is an advertising agency or media buyer, the Advertiser guarantees that it is authorised by the advertiser of a product or service to place the Advertisement with HTM and the Advertiser will compensate HTM for any claim made by such advertiser against HTM.
- All Advertisements are accepted on the basis that they will be paid for at the prevailing rates set out in the media kit on the date of publication. HTM may change its rates at any time by publishing the modified media kit. Any changes to the rates will take effect immediately. However, any changes to the applicable rates will not apply to any orders made prior to the date of such change.
- The amount is payable from the date of invoicing. Should other conditions be agreed upon, this will be done in advance and is shown on the respective invoice. Reminder fees of 9.2% p.a. above the basic interest rate of the Austrian National Bank are due after a delay of payment of 28 days.
- The Advertiser acknowledges and agrees that discrepancies of up to 10% regarding the number of impressions served are common due to a variety of technical reasons. In the event of any disagreement regarding the number of impressions served, the Advertiser agrees that the figures provided by HTM’s applicable third party provider will be final and binding.
- HTM cannot guarantee the number of impressions. In the event the number of impressions served during the campaign period is more than 10% less than the number of impressions booked by the Advertiser, HTM shall, as the Advertiser’s sole remedy, and provided the Advertiser has notified HTM in writing of such under-delivery, continue to serve the Advertisements after the end of the campaign period until the number of booked impressions is reached. HTM will not be liable for any over-delivery of impressions (including without limitation in relation to any ad-serving costs) where such over-delivery is 10% or less. Where any such over-delivery exceeds 10%, HTM will not be liable unless such over-delivery arises due to HTM’s act or omissions.
- HTM agrees that all Advertisements will be targeted at individuals in Austria, unless otherwise agreed in writing between the parties at the time of booking.
- Where non-Austria targeting is required, HTM will endeavour to target the Advertisement at individuals in the geo-location specified at the time of booking.
- HTM and its service providers will only use any Advertiser Data solely in relation to the Advertiser’s particular advertising campaign. All such Advertiser Data collected by HTM will be treated as the confidential information of the Advertiser and will not be disclosed by HTM to any third party (other than HTM’s service providers for the purpose of HTM complying with its obligations under these Terms) without the consent of the Advertiser. In no event will any Advertiser Data be combined with information collected from other sources, except where the Advertiser has agreed otherwise.
- In the event advertising copy is received after midday on the day before an Advertisement is due to be published, the number of impressions booked will be reduced on a pro rata basis for every 24 hours that the copy for the Advertisement is supplied after this deadline. For example, if copy is provided 2 days late for a campaign that is due to serve 100,000 banners in a 10-day period, the number of impressions will be reduced by 20,000. There will be no reduction in the fee payable.
Cookie usage on keepviennaboring.at
- Where an Advertiser wishes to drop cookies on users’ computers or use pixels, web beacons or other data collecting technology (the “Data Collecting Technology”) for the purpose of displaying or providing advertising on the Website and tracking impressions, analytics, measurement and verification of advertising campaigns (together, “Analytics Data”), it shall notify HTM in advance of booking an Advertisement and provide all information requested by HTM regarding such Data Collecting Technology.
- If HTM agrees to the Advertiser’s disclosed use of Data Collecting Technology to collect Analytics Data, HTM will provide written authorisation to the Advertiser. Subject to the foregoing, Advertiser agrees to use such Data Collecting Technology and all data collected from it solely in the manner disclosed to HTM.
- All Analytics Data collected by the Advertiser through such Data Collecting Technology will be confidential information owned by HTM and will not be disclosed by the Advertiser to any third party without HTM’s prior written consent.
- In no event shall Data Collecting Technology or the data collected from it: (i) be used by the Advertiser for the purposes of profiling users’ interests, segmentation, or tracking or targeting users when they leave the Website; or (ii) be combined with information collected from other sources; in each case except where HTM has given agreement in writing. HTM reserves the right to scan the Advertisements to ensure Advertiser’s compliance with clauses 23-26.
- The Advertiser shall procure that all other partners and entities in the supply chain with which Advertiser works or contracts in relation to an Advertisement (collectively, the “Advertiser Partners”) shall comply with these Terms.
- The Advertiser shall ensure it complies with all applicable laws and regulations with respect to such Data Collecting Technology and that all Analytics Data will be deleted from its servers upon the end of the relationship between HTM and the Advertiser.
- Occasionally, HTM cannot distribute the number of Inserts agreed with the Advertiser due to changes in the print run. Where this happens, HTM will distribute all ‘overs’ at the next suitable opportunity (usually the next available date arranged with the printer). The Advertiser will be liable for the full cost of the Insert order. In no event will HTM be liable for loss arising from failure to insert or any errors in the insertion of Inserts.
Liability of HTM
- HTM accepts no responsibility for any interruption or delay the Advertiser experiences in delivering any Advertisement copy to HTM or any loss or damage to any Advertisement copy or any other materials. The Advertiser guarantees that it has retained sufficient quality and quantity of all materials supplied to HTM.
- HTM shall use its reasonable endeavours to reproduce Advertisements as provided by the Advertiser but cannot guarantee that the Advertisement will be of the same quality.
- HTM cannot guarantee the time, dates and/or position of Advertisements and all such decisions will be at the sole discretion of HTM. However, HTM will use reasonable efforts to comply with the wishes of the Advertiser.
- If a booked Advertisement is not published at all solely due to a mistake on HTM’s part, HTM will try to offer an alternative publication date(s). If the alternative date(s) is not accepted, the original booking will be cancelled and the Advertiser shall be entitled to a full refund if the Advertiser has paid in advance for the Advertisement. This shall be the Advertiser’s sole remedy for failure to publish the advertisement.
- If the Advertisement as reproduced by HTM contains a substantial error solely due to a mistake on HTM’s part, HTM shall, on request, re-publish the Advertisement at no additional cost to the Advertiser. HTM shall not be responsible for repetition of errors and it is the Advertiser’s responsibility to inform HTM of any errors and provide any necessary assistance to HTM to prevent a repeat of the error.
- HTM shall not be responsible, under any circumstances, for any loss of profit, loss of opportunity, loss of goodwill, loss of anticipated saving, loss of revenue and/or any other loss which happens as a side effect of the main loss suffered by the Advertiser or any loss which could not be contemplated by HTM and the Advertiser, and HTM’s maximum total liability for any loss or damage arising out of or in relation to any Advertisement whether in contract, tort or otherwise shall not exceed the total amount of the charges for the relevant Advertisement actually paid by or on behalf of the Advertiser.
- 32. In respect of Advertisements on the Website, HTM does not guarantee continuous, uninterrupted access by users of the Website but will use reasonable efforts to provide this. In addition, HTM will not be responsible for any failure or delay affecting production or publication of any Magazine or the transmission of the Website and any Advertisements contained in them, in any manner where such failure or delay results from any act, omission, interruption, fault or other condition beyond the reasonable control of HTM.
- For the avoidance of doubt, nothing in these Terms will limit or exclude HTM’s responsibility for death or personal injury resulting from its own negligence, fraud or any other liability that cannot be excluded.
- Nothing in these terms and conditions shall affect the statutory rights of an Advertiser who is a consumer.
Liability of the Advertiser
- The Advertiser will fully indemnify HTM from all investigations, claims, fines, losses, damages, costs (including reasonable legal fees) expenses and liabilities arising as a result of any breach or failure to comply with any of these Terms and/or the use or publication of the Advertisement by HTM in accordance with these Terms.
- HTM owns the copyright in all Advertisements written or designed by it or on its behalf.
- The Advertiser grants HTM the right (free of charge) to:
- use the Advertiser’s names, trade marks and/or logos as HTM may consider necessary for the purposes of publishing the Advertisements;
- reproduce the Advertisement in any media at any time from the date the Advertisement was last published in the Newspapers for promotional purposes. For the avoidance of doubt, the content, layout and format of any Website or Newspaper will be subject to variation at HTM’s sole discretion.
- It is always possible to cancel an Advertisement, however, the cancellation fee varies according to the timing. The Advertiser may cancel an Advertisement provided that notice in writing is received by HTM within the relevant cancellation period. The cancellation is free of charge within 7 days of booking the Advertisement, providing that the publication date of the advertisement is more than 22 days away. Beginning 7 days after the booking is sent, cancellation will entail the following cancellation fees: 20% up to 22 days before the date of publishing or the date of the event in question; – bzw. Veranstaltungstag; 40% if cancelled between 21 and 15 before the date of publishing or the date of the event in question; 60% if cancelled within 14 days of the date of publishing or the date of the event in question.
- If the Advertiser is insolvent or bankrupt or is otherwise in breach of these Terms, HTM may treat the order as cancelled.
- A person who is not a party to these Terms has no rights to rely upon or enforce any of these Terms.
- If HTM fails or delays in exercising its rights or remedies provided by these Terms, it shall not be deemed to have waived that or any other right or remedy under these Terms.
- Nothing in these Terms shall be deemed to constitute a relationship of principal and agent, a partnership, joint-venture, or co-ownership. Neither party shall have the authority to act for, bind or otherwise create or assume any obligation on behalf of the other, and neither party shall hold itself out as having authority to do the same.
- These Terms are the entire agreement between the Advertiser and HTM in respect of the Advertisements and no modification to these Terms will be effective unless made in writing and signed by both HTM and the Advertiser.
- These Terms and any documents referred to and therefore incorporated by reference herein shall apply to the exclusion of all other terms and conditions which the Advertiser purports to apply to the purchase of Advertisements (including, without limitation, terms in any insertion or purchase order, e-mail, acknowledgement or click through agreement). To the maximum extent permitted by law, other than as set out in these Terms, all warranties and representations, whether express or implied, are excluded.
- These Terms (and any non-contractual obligations arising in connection with them) shall be governed by Austrian law and the courts of Austria and Vienna will have exclusive jurisdiction in relation to these Terms (and any non-contractual obligations arising in connection with them).
Terms last updated: 27 September 2021