| 1. |
Distributor packages |
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| 1.1. |
The distributor package (account) is valid for twelve months and consists of a basic yearly fee including access rights and a points package for press releases and e-mail or banner advertising. If the contract is not extended before its end, points that have not been used automatically expire.
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| 1.2. |
The distributor package's purpose is the distribution of press information and customer advertising via pressetext.deutschland, pressetext.austria, pressetext.schweiz and newsfox.com. The information made available by customers is formally checked by pressetext resp. newsfox and then distributed in its original text. A content check does not occur. Recipients of press releases and advertisements are journalists, opinion leaders and partner websites that subscribe to pressetext.
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| 1.3. |
The customer is exclusively responsible for the information distributed in its original text. Customers (distributors) must compensate pressetext Nachrichtenagentur GmbH (pressetext news agency) for any damages (such as legal costs, fines, etc.) that result from the publication and distribution of press releases and advertising information.
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| 1.4. |
pressetext is bound to the contract and may only cancel the contract with just cause. The following are reasons for cancellation: press releases stand in conflict with laws or authorities, the material in the press release is unfit to be published, or texts are repeatedly published that do not resemble press releases or media information. |
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| 1.5. |
pressetext is not required to reimburse payment upon premature cancellation of the contract. |
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| 1.6. |
pressetext guarantees the faultless reproduction of information on the Internet and by e-mail. Claims must be made within two weeks of setting up and activating the account. The agency is not responsible for technical problems on the part of the distributor. Reclamation rights do not apply. |
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| 1.7. |
The pressetext price list shall serve as the basis for payment. Full payment is due once account access has been authorised (user name and password have been assigned). Half-yearly or quarterly payment is only permitted for accounts of over EUR 10,000. All discounts and price rebates are made void upon delay of payment or insolvency proceedings. |
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| 2. |
Editorial services and content licensing |
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| 2.1. |
Editorial services include the editing and/or translating of texts. The customer must principally check these for errors and give his final approval before sending them in for consignment. This rule does not apply when pressetext is the author of the text (full editorial services); in this case the pressetext editorial staff bears full responsibility for the content of the text. The pressetext price list or an individual written agreement shall serve as the basis for payment. |
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| 2.2. |
The use of copyright-protected editorial news items (content) by other online portals is subject to payment and a written agreement with pressetext. Invoicing of delivered content (articles used) is subject to the same conditions as distributor packages. Yearly agreements up to the amount of EUR 10,000 must be paid in advance; larger accounts may be paid in half-yearly or quarterly instalments |
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| 3. |
Advertising services |
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| 3.1. |
pressetext advertising services (e-mail advertising, banner advertising, site sponsoring, broadcasting, etc.) may be ordered and paid individually or in the form of collected points (in a one-year submitter's package). The customer is solely responsible for any advertising content. pressetext ensures the efficient and technical handling. |
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| 4. |
Workshops |
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| 4.1. |
Workshop participants receive a bill after signing up. The money must be transferred to a pressetext account a week before the event at the latest. Otherwise, a confirmation of payment must be produced on the day of the event. A cancellation of registration is free of charge up to 14 days before the event. With any later cancellation, the entire participation fee will be payable. As a matter of course, a substitution of any registered participants is possible. |
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| 5. |
Prices and terms of payment |
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| 5.1. |
The pressetext customer is required to contribute to the proper invoicing of pressetext services by informing pressetext of the correct title, complete address and VAT identification number (UID number) of his company. The customer agrees to payment by credit card (Visa, Mastercard). The customer accepts the receipt of reminders by mail and or as PDF files in e-mails. The customer also acknowledges that pressetext invoices are issued in Austria. |
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| 5.2. |
The prices listed in the order forms or offers are valid unless the parties to the contract agree otherwise. Should prices not be formulated in writing in either of these, then the rates listed in the price list at the time of contract apply. |
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| 5.3. |
Invoices are to be paid in full upon receipt. In case of delay of payment, pressetext has the right to charge 11 % interest on account of delay. The customer will be held financially responsible for all reimbursements due the involvement of a debt collection agency or the involvement of attorneys. Independently to this rule, pressetext has the right to collect a fee of EUR 10,- per reminder when delay of payment exceeds two weeks. |
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| 5.4. |
In the case of late payments or unsuccessful reminders of the contractual partners (by post or e-mail), pressetext has the right to discontinue the contractual deliveries and other services until it has received the full payment of all the money due. The discontinuing of deliveries and other services precedes a time extension of two weeks. This extension starts on the day that the warning was sent to the customer. If this time extension elapses without pressetext receiving a full receipt of payments, the company has the right to cancel the contract with immediate effect and without a further extension. |
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| 5.5. |
Counter-claims and/or refusal to pay on the grounds of alleged shortcomings not acknowledged by pressetext are excluded. |
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| 5.6. |
Any objections to invoices must be levied in writing (by mail or e-mail) within two weeks of the date of billing. Failure to notify pressetext of objections by the end of this term constitutes the customer's acknowledgement and acceptance of the amount and grounds of the invoice. |
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| 5.7. |
All invoices are issued at pressetext headquarters in Vienna, without exception. The correct name of the company is pressetext Nachrichtenagentur GmbH. Any invoices issued by partners or subsidiaries are not valid. |
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| 5.8. |
Customers of pressetext accept invoices sent by ordinary mail or by e-mail, if they are "digitally signed". According to the EU directive 2001/115/EG and the decree of the Austrian ministry of finance from Dec. 2003 (BGBL. II Nr. 583/2003) digitally signed invoices are accepted by the tax office and consequently fall under pre-tax deduction. |
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| 6. |
Right of withdrawal |
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| 6.1. |
The customer has the right to withdraw from the contract within a maximum of two weeks after signing. The customer must cover the costs for all services accrued during this period. The customer does not have the right to a reimbursement of payment should he withdraw from the contract at a later date, for whatever reason. |
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| 7. |
Liability |
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| 7.1. |
pressetext is not liable for damages caused by content, as long as the publication of the content has not breached any media or legal norms. Liability for slight negligence, loss of profits, loss of interest or third party demands against the contractual partner is excluded. pressetext is also not liable for any damages caused by an act of God or the actions of third parties. |
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| 7.2. |
pressetext is not liable for deficiencies due to systems changes of which pressetext has not been informed. Furthermore, pressetext is not liable for deficiencies caused by the materials delivered by the contractual partner or the use of inadequate operating systems. |
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| 8. |
Protection of privacy |
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| 8.1. |
pressetext has the right to store master data on its contractual partners. pressetext agrees not to share this data with third parties. This does not include sharing data with authorised credit protection agencies or debt collection agencies in case of delay of payment. |
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| 8.2. |
The contractual partner agrees to allow pressetext to include the name of his company, his Internet address and the type of service in the pressetext list of references. Data from the list of references may be given to other interested parties and contractual partners. |
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| 8.3. |
Readers and users with a free e-mail subscription to pressetext agree to receive pte and pts news items, including integrated e-mail advertising. They also agree to the storage and processing of their personal data. pressetext guarantees that it will not pass this data on to third parties. |
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| 9. |
Other provisions |
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| 9.1. |
Changes and additions to the contractual agreement must be made in writing. A legally signed fax is sufficient, but e-mails are not binding. The contract falls under the jurisdiction of Vienna's First District Municipal Court. Austrian law applies. |
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| 9.2. |
The contractual partners agree to immediately inform each other of any changes in company data, such as company address and name. Statements sent to the last known address are considered served to the respective party if he has not notified the other party of the change. |
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| 9.3. |
In the event that certain individual clauses become null and void, all other clauses will remain valid. Those clauses which have become null and void will be replaced by clauses that correspond to the will of both contractual partners. |
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| 10. |
Concluding remark |
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Newsfox is a brand of the pressetext Nachrichtenagentur GmbH. The customer accepts the pressetext General Terms and Conditions upon initiation of business. 2001-2007 pressetext Vienna - Berlin - Zurich |
Weather - 12/02/2008
