Terms of Service

"Advertising order" in the sense of the following general terms and conditions is the contract for publication of one or more advertising materials or job-openings of an advertiser or other interested parties on the Job Market Karriere-Jura and the associated media (eg newsletter 'Career Jura' and 'Partner-portals ') for the purpose of dissemination. Only the General Terms and Conditions of Dr. von Göler Verlagsgesellschaft mbH (represented by the managing directors Dr. Sabine von Göler and Thomas von Göler) and the current price list apply to the advertising contract, where the current price list forms an integral part of the contract. The validity of any general terms and conditions of the client or other interested parties is, insofar as they do not comply with these terms and conditions, expressly excluded.

An advertising medium can consist of one or more of the mentioned elements:

• cture and / or text, sound sequences and moving pictures,
• a sensitive area, which, when clicked on, establishes the connection by means of an online address specified by the client to further data that lies within the client's area.

Advertising media that are not identifiable as such due to their design, may be clearly marked as advertising.

Conclusion of a contract is established through

• confirmation of the order in written or by email by the Dr. von Göler Verlagsgesellschaft mbH or
• the online distribution of the clients advertisement.

Verbal or telephone confirmations are not legally binding.

All communication in connection with the contract and its processing, including invoicing, takes place via e-mail.

As far as advertising agencies place orders, the contract is concluded with the advertisement agency, subject to other agreements.

In case of doubt, advertisements are to be requested for publication within one year after conclusion of the contract. If the right has been granted to request individual publications of advertisements within the contract, the order must be completed within one year of publication of the first advertising material, provided that the first advertising material is requested and published within the period specified in sentence 1.

If an order is not fulfilled for reasons for which Dr. von Göler Verlagsgesellschaft mbH is not responsible, the client shall, without prejudice to any further legal obligations, reimburse the difference between the discount granted and the discount corresponding to the actual acceptance to the Dr. von Göler Verlagsgesellschaft mbH.

Unless otherwise agreed, the customer shall be entitled retroactively to the discount corresponding to his actual acceptance of advertising material within one year, if he has concluded a contract at the beginning of the period which entitles him to a discount from the outset on the basis of the price list. The right to retroactive deduction expires if it is not claimed within one month of the end of the one-year period.

If the client has not made a placement request for the advertising material, the written confirmation is decisive with the scope indicated in the confirmation. The placing of the advertising material is carried out amicably by the client and Dr. von Göler Verlagsgesellschaft mbH. If this is not possible, the Dr. von Göler Verlagsgesellschaft mbH decides at its discretion under the greatest possible consideration of the interests of the client.

For the placement of advertising material only those formats are in question, that are shown in the valid price list.

The client is responsible for the complete delivery of faultless, suitable advertising material no later than three working days before the start of the planned date of publication. Any deviations must be agreed with the Dr. von Göler Verlagsgesellschaft mbH immediately in writing or by e-mail. For recognizable unsuitable or damaged templates the Dr. von Göler Verlagsgesellschaft mbH demands replacement.

The above also applies mutatis mutandis to the online addresses, used by the customer, to which the advertising material should refer. In the case of improper, in particular late delivery or subsequent change, no guarantee is assumed for the agreed distribution of the advertising material. The obligation of the Dr. von Göler Verlagsgesellschaft mbH for the storage of advertising material and / or statistics of pageviews ends three months after the last distribution of the advertising material.

The Dr. von Göler Verlagsgesellschaft mbH reserves the right to reject advertising contracts - including individual ads in the context of a frame contract - because of the content, the origin or the technical form according to uniform, factually justified principles, if their content is contrary to laws or official regulations or if their publication is unreasonable for the Dr. von Göler Verlagsgesellschaft mbH. In particular, Dr. von Göler Verlagsgesellschaft mbH may withdraw an already published advertising material if the customer subsequently makes changes to the contents of the advertising material itself or the data which is referenced by a link.

The client ensures and warrants that he has all the rights necessary to place the advertisement. The client releases the Dr. von Göler Verlagsgesellschaft mbH from all third-party claims that may arise as a result of infringement of competition law, criminal law, copyright and other legal provisions.

The indemnification also covers the costs incurred in the necessary defense of rights against third parties. The client is obliged to support the Dr. von Göler Verlagsgesellschaft mbH in good faith with information and documents in the defense of rights against third parties, as far as it is possible to the client without violating his own obligations to third parties and maintaining its own confidentiality interests.

For reasons of space and readability, the operator of the job exchange does not use multiple genders in headings and hit lists and expressly makes it clear at this point that both the operator of the job exchange and all advertisers address applicants of all genders with the advertised positions.

The Dr. von Göler Verlagsgesellschaft mbH guarantees a reproduction of the advertising material according to the usual technical standard. The client is aware, however, that it is not possible in the prior art to create a program completely free of errors.

In particular, there is no error in the presentation of the advertising material if it is caused

• by the use of an inappropriate presentation software and / or hardware (eg browser) or
• by disruption of the communication networks of other operators or
• by computer failure with the Internet Provider or online-services or
• by incomplete and / or not updated offers on so-called proxy servers (caching) of commercial and non-commercial providers and online services or
• a failure of the ad server that lasts no longer than 24 hours (continuous or added) within 30 days of the start of the contracted advertisement.

If the quality of the advertisement is inadequate, the client is entitled to a reduction in payment or a flawless replacement advertisement, but only to the extent that the purpose of the advertisement has been impaired. If Dr. von Göler Verlagsgesellschaft mbH allows a reasonable deadline set for it to elapse or if the replacement advertisement is again of inadequate quality of reproduction, the customer has a right to a reduction in payment or cancellation of the order.

In the case of mutual commercial transactions, the client must check the advertising material immediately after initial publication and immediately notify any defects. The notice period for such commercial transactions begins with the initial publication of the defective advertising material, in the case of hidden defects with their discovery. If the customer fails to make a complaint, the use of the advertising material shall be deemed approved unless it is a defect that was not identifiable during the investigation.

A liability of the Dr. von Göler Verlagsgesellschaft mbH is excluded. This does not apply to the liability for damages for breach of such contractual obligations, which are indispensable for the achievement of the purpose of the contract (cardinal obligations), because of defective products according to the Product Liability Act, from injury to life, limb or health resulting from a negligent breach of duty by Dr. von Göler Verlagsgesellschaft mbH or a willful or negligent breach of duty by a legal representative or vicarious agent of the Dr. von Göler Verlagsgesellschaft mbH and for other damages, based on a grossly negligent breach of duty by the Dr. von Göler Verlagsgesellschaft mbH or on an intentional or grossly negligent breach of duty of a legal representative or vicarious agent of the Dr. von Göler Verlagsgesellschaft mbH.

A change of the tariffs remains reserved. The price list, published on the internet at the time the order is placed, applies . For orders confirmed by the Dr. von Göler Verlagsgesellschaft mbH, however, price changes are only effective if they are announced by the Dr. von Göler Verlagsgesellschaft mbH at least one month before the publication of the advertising material. In the case of a price increase, the client is entitled to a right of withdrawal. The right of withdrawal must be exercised within five working days of receipt of the price increase notice.

Discounts are determined by the valid price list. Advertising agencies and other advertising intermediaries are obliged to adhere to the price lists of the Dr. von Göler Verlagsgesellschaft mbH in their offers, contracts and billing with the advertisers.

In case of late payment or deferral, interest and collection costs will be charged. The Dr. von Göler Verlagsgesellschaft mbH can defer the further execution of the current order until payment was made and demand advance payment for the rest of the contract.

Justifiable doubts about the solvency of the client entitles the Dr. von Göler Verlagsgesellschaft mbH, even during the term of the contract, to make further appearance of advertising materials dependent of an advance payment of the amount, agreed and the settlement of outstanding invoice amounts, regardless of any payment terms, originally agreed upon.

The place of performance is the registered office of the Dr. von Göler Verlagsgesellschaft mbH.

In business dealings with merchants, legal entities under public law or special funds under public law, the place of jurisdiction for lawsuits is the registered office of Dr. von Göler Verlagsgesellschaft mbH.

If the domicile or habitual residence of the client is unknown at the time of filing the action or the client has moved his domicile or habitual residence out of the scope of the German law after conclusion of the contract, the place of jurisdiction is the registered office of the Dr. von Göler Verlagsgesellschaft mbH.

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