Terms and Conditions | AGB
Effective: 21. February 2024
The German version of the General Terms and Conditions is legally binding.
§1 General conditions, declaration of consent regarding personal data (GDPR 2018), contractual partners, individual agreements, contact for advertising orders, future advertising services, gender information
1. This website (the “Site”) and/or the services, including any associated mobile applications (collectively: the “Services”) and any other services that we offer to our clients as part of our business (the “Services”), as well as for the placement of advertisements on the website or the mobile offerings of the website (for smartphones and tablets) and other digital products (the "advertising services"), is owned and is operated by Tealartis e.U. (hereinafter also: "Agency", "we", "us" and "our").
2. These General Terms and Conditions (collectively: “Conditions”, “Terms and Conditions”) set out the conditions under which the client (collectively: “Client” or “you”) can use the agency's services and/or commission advertising services.
2.1 These Terms and Conditions include the declaration of consent regarding personal data (i.e. consent according to the GDPR 2018) for the commissioning of the PR agency Tealartis eU, Mag. Tobin Carlin ("agency") with the placement of advertising material (see Section 15 of the Terms and Conditions).
2.2 The client / the person concerned is hereby expressly informed about the right to revoke the consent to the agency to process personal data in whole or in part at any time. The revocation does not affect the legality of the processing that has taken place up to that point (see Section 3, Paragraph 2, Clause 2.3, Subclause 2.3.4 and Section 15, Paragraph 7 of the Terms and Conditions).
2.3 In the interest of the client in terms of data protection law, when the agency accepts an online order placed via the web shop, at the request of the client an order-specific declaration of consent regarding personal data can also be sent to the client to print, fill out, sign and return (see Section 3, Paragraph 2, Clause 2.3, Subclause 2.3.3 and Section 15, Paragraph 8 of the Terms and Conditions).
2.4 Unless otherwise agreed in writing, any general terms and conditions of the client do not apply.
2.5 Individual agreements with the client take precedence over these provisions.
3. Our services are basically aimed at independent classical music artists, as well as at companies and institutions (B2B).
3.1 You affirm that you have the legal authority, the right and the freedom to enter into a binding agreement on the basis of these terms and conditions.
3.2 If a person is under the age of legal majority, parental or legal guardian consent is required to use the services offered.
4. You can contact our agency in two different ways in order to place an advertising order and use our services.
4.1 By contacting us by telephone, in electronic form (e.g. e-mail, contact form on the website), by post (e.g. by letter) or in person.
4.2 By using the Webshop on the agency’s website and placing an advertising order subject to payment (see Section 3, Paragraph 2 et seq. of the Terms and Conditions).
4.2.1 With your voluntary act of consent during the online registration, i.e. your explicit contract declaration by clicking the noticeably and clearly marked checkboxes and buttons, you commission our agency with the placement of advertising material, agree to the present terms and conditions and explicitely agree to enter into a legally valid contractual relationship with our agency.
4.2.2 Based on your voluntary confirmation when ordering online, the present general terms and conditions regulate the contractual relationship between you and our agency and represent the written and legally binding contract between you and us.
4.2.3 A legally valid online purchase is not possible for persons under the age of legal majority.
5. The agency accepts and confirms an advertising order in the form of a written confirmation of acceptance (e.g. by e-mail). A contract is only concluded on the basis of this confirmation of acceptance and is binding for both parties.
6. In the case of ongoing business relationships, these terms and conditions also apply to any future advertising orders with the client or contractually agreed services with clients, even if the conditions are not expressly referred to again.
7. With the contractually agreed services and/or the commissioning of advertising services, you declare that you agree to the general terms and conditions and that you agree to them in a binding manner. Please read these terms and conditions carefully before using our services and/or commissioning advertising services. In these terms and conditions you will find out who we are and how you can place advertising material.
8. The agency's online services may contain links that allow you to exit the website. Unless otherwise stated, the linked sites are beyond our control and we are not responsible for the content of any linked site, for any links contained on a linked site, or for changes or updates to such sites. We are not responsible for transmissions from linked websites. Links to third party websites are provided for informational purposes only.
9. For reasons of better readability of the conditions, the simultaneous use of the language forms male, female, diverse was dispensed with. All personal designations apply equally to all genders.
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§2 Advertising services, privacy policy, written form
1. For the purposes of the following conditions, the advertising order (the “advertising order”) is a contract between the agency and the client, relating to one and/or more advertising media within the framework of advertising cooperation in information and communication services, especially the Internet and mobile offers, including social media platforms and mobile applications. Unless otherwise agreed, mobile offers and the Internet are to be treated equally.
2. For the purposes of these conditions, advertising material is a designed advertising message that can generally consist of the following elements: (i) Texts, images, sound sequences, video; (ii) other elements in the context of special advertising formats (e.g. advertorial) and any advertising cooperations (e.g. topic special); (iii) a sensitive click area that, when clicked, establishes a connection via a web address communicated by the client to further data that is in the area of responsibility of the client (e.g. link).
3. We take the protection of the data of our contractual partners very seriously and are committed to protecting the information that you provide to us in connection with the use of our website and/or our digital services. In addition, we are committed to protect and use your data in accordance with applicable law. Further information can be found in our data protection declaration. You can request the agency's data protection declaration in electronic form (e.g. via e-mail) and view it on the agency website at any time.
4. Insofar as the written form is required under these conditions, this requirement must be met in electronic form (e.g. e-mail, contact form on the website) or by post (e.g. by letter).
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§3 Webshop, promotional offers, online contract declaration subject to payment, contract acceptance, advance invoice, digital order certificate, general conditions for advertising orders
1. In terms of the conditions, all offers made by the agency are subject to the availability of the advertising space offered. In addition, the offers are non-binding.
2. By using our Webshop in order to register online including placing a contract declaration that is subject to payment, clients can commission our agency to place advertising material. For this purpose, the client is directed to the Webshop on our website in order to carry out the online registration including the placement of a contract declaration that is subject to payment and thus to submit an order for advertising. The Webshop purchase process is as follows: (i) select and add to cart; (ii) view shopping cart and proceed with purchase; (iii) registration with required and personal data; (iv) submitting the order. This process is also described in the Webshop.
2.1 Registration including a contract declaration that is subject to payment can only take place and is only permitted if the applicant (i.e. client) has read these general terms and conditions and has given his consent.
2.1.1 The general terms and conditions can be accessed per link during registration on the registration page of our Webshop.
2.1.2 You agree to these terms and conditions by ticking the corresponding checkbox when completing the order process.
2.1.3 If the agency accepts the order, the general terms and conditions will be sent to the client in digital form (PDF file) by e-mail.
2.2 Registration including a contract declaration that is subject to payment can only take place and is only permitted if the applicant (i.e. client) has read the agency’s data protection declaration and has given his consent.
2.2.1 The data protection declaration can be accessed per link during registration on the registration page of our Webshop.
2.2.2 Consent to the data protection declaration is given by ticking the corresponding checkbox when completing the order process.
2.2.3 If the agency accepts the order, the client will be sent the data protection declaration in digital form (PDF file) by e-mail.
2.3 In addition, registration including a contract declaration that is subject to payment can only take place and is only permitted if the applicant (i.e. client) has read the declaration of consent regarding personal data (i.e. consent according to the GDPR 2018) and has given his consent.
2.3.1 The declaration of consent regarding personal data can be accessed separately per link during registration on the registration page of our Webshop. The declaration of consent according to the GDPR 2018 is part of the general terms and conditions (see Section 1, Paragraph 2, Clause 2.1 and Section 15 of the Terms and Conditions).
2.3.2 Consent to this declaration of consent regarding personal data is given by ticking the corresponding checkbox when agreeing to the Terms and Conditions while completing the order process.
2.3.3 If the agency accepts the order, at the request of the client also an order-related declaration of consent can be sent in digital form (PDF file) to print, fill out, sign and return (see Section 1, Paragraph 2, Clause 2.3 and Section 15, Paragraph 8 of the Terms and Conditions).
2.3.4 The client / the person concerned is hereby expressly informed about the right to revoke the consent to the agency to process personal data in whole or in part at any time. The revocation does not affect the legality of the processing that has taken place up to that point (see Section 1, Paragraph 2, Clause 2.2 and Section 15, Paragraph 7 of the Terms and Conditions).
2.4 In our Webshop i.e. when registering online including a contract declaration that is subject to payment, the applicant (i.e. client) can choose between various service offers that regulate the scope of the placement of advertising material and are accordingly priced differently.
2.4.1 The general scope of services and the prices of the individual service offers are listed on the Webshop pages. For the detailed advertising scope of the service offers, please refer to the terms and conditions (see Section 4, Paragraph 1 et seq. and Section 5, Paragraph 1 et seq. of the Terms and Conditions). The respective prices correspond to the agency's current price list at the time of registration.
2.4.2 The voluntary selection of the desired service offer is made by clicking on the corresponding button, which adds the selection to the shopping cart of the Webshop.
2.5 In addition, registration including a contract declaration that is subject to payment can only take place and is only permitted if the applicant (i.e. the client) declares his consent to the placing of an order that is subject to payment with our agency.
2.5.1 The applicant (i.e. client) is clearly informed on the Webshop pages that the online registration contains a contractual declaration that is subject to payment.
2.5.2 Consent to an advertising placement order subject to payment is given on the Webshop page showing the summary and details of the order by clicking on the corresponding button, which is clearly marked and indicates that an order subject to payment is given.
2.5.3 The online offers are billed for the total amount of the commissioned advertising for 12 calendar months in advance (see Section 12, Paragraph 3 of the Terms and Conditions). When the agency accepts an order, an advance invoice is sent (see Section 12, Paragraph 4 of the Terms and Conditions). Advance invoices are due for payment upon receipt (see Section 12, Paragraph 6 of the Terms and Conditions).
3. The advertising order takes place through the agency's written confirmation of acceptance of the client's application, and in any case through the agency's placement of the advertising material.
3.1 After the written order confirmation by the agency and the confirmed receipt of payment of the advance invoice, the client will be sent a download link by email. The client can use this download link to download a digital order certificate in JPEG format. The download link is valid i.e. active for 30 days.
3.2 From the time the download link is sent by the agency, which requires the order-related activation of the download link by the agency and thus a written order confirmation and confirmed receipt of payment, and the subsequent download of the order certificate by the client, the obligation applies to the client to transmit the advertising material to be placed in a timely manner, but no later than 10 working days before the advertising material is placed (see Section 8, Paragraph 2 of the Terms and Conditions).
3.3 Individual agreements with the client can deviate from the provision outlined under Section 3, Paragraph 3, Clause 3.2 of the Terms and Conditions.
4. Advertisements from more than one advertiser or client in the context of an advertisement order require an additional written agreement.
5. Insofar as applications for advertising orders are made by advertising agencies, the advertising order is concluded subject to written agreements to the contrary with the advertising agency and not with the customer of the advertising agency. In the event that the customer of the advertising agency is to become the client, the advertising agency must explicitly and clearly point out the existing agency relationship and identify the client by name. The agency can request proof of power of attorney for submission from the advertising agency.
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§4 Advertising orders from classical music artists and institutions (musicians, singers, associations, festivals etc.)
The service offers by the agency with regard to advertising as well as the scope of services, contract duration, rights and obligations of both contractual partners are explained below.
1. Subject of the contract
1.1 The client commissions the agency to implement a strategic market expansion of the advertising and communicative presence, i.e. image advertising in the digital media environment.
1.2 In particular, the agency provides advertising space on the website www.tealartis.com to promote the customer's image. In addition, social media platforms may be used for advertising purposes in the digital media environment.
1.3 For image advertising on www.tealartis.com the customer can choose from the following three agency offers:
• Teal Classic
• Teal Classic Plus
• Teal Space
1.4 The scope of the services to be provided by the agency results from the present contract offer and the description of services contained therein. Additional services as well as subsequent changes to the service content require a written agreement, for example in electronic form (e.g. e-mail), by post (e.g. by letter) or by means of attachments attached to the contract.
1.5 Due to the digital media environment, the order is valid worldwide. The contractual relationship is based on the general terms and conditions of the agency, whereby the validity of the general terms and conditions of the agency is accepted (see Section 1, Paragraph 2; Section 1, Paragraph 4, Clause 4.2, Subclause 4.2.1 et.seq. and Section 1, Paragraph 7 of the Terms and Conditions). The general terms and conditions of the agency can be requested by the client at any time in electronic form (e.g. by e-mail) and viewed at any time on the agency's website.
1.6 With the acceptance of the order by the agency, the client is assured of the closest cooperation and the client's interests are protected at all times. The data protection declaration of the agency can be requested by the client at any time in electronic form (e.g. by e-mail) and viewed at any time on the agency's website (see Section 2, Paragraph 3 of the Terms and Conditions).
2. Agency services
2.1 The agency's service offer contains innovative image advertising in the digital media environment. For the implementation of advertising measures in digital media including the Internet, the agency provides a digital platform conceived, designed, operated and promoted for this purpose i.e. the website www.tealartis.com.
2.1.1 Advertising offer “Teal Classic“
“Teal Classic“ includes an individual advertising space on www.tealartis.com and has placeholders for a text passage, an image file, a sound recording as well as placeholders for a link to a website and an e-mail address. There are also placeholders for setting up three social media links.
2.1.2 Advertising offer “Teal Classic Plus“
“Teal Classic Plus“ is an upgrade offer on the digital platform of www.tealartis.com. The offer “Teal Classic Plus“ includes “Teal Classic“.
2.1.2.1 “Teal Classic Plus“ offers on www.tealartis.com additional advertising space in the “News Culture“ section. This enables the posting of information on news, such as planned concerts, live streams, etc. carried out by the agency. If the contractual relationship between the client and the agency is in place, news can be posted six times per calendar year by the agency. Each time the client is obliged to provide the required advertising material in good time, but no later than 20 working days before the advertising material is placed (see Section 8, Paragraph 2 of the Terms and Conditions).
2.1.2.2 An advertising space has placeholders for a text passage, an image file, and placeholders for a link to a website, for a telephone number and an e-mail address. There are also placeholders for setting up three social media links.
2.1.3 Advertising offer “Teal Space“
“Teal Space“ basically corresponds, in terms of scope of services, to the offer “Teal Classic“. As per the agency's social business agenda, a separate price is offered.
2.1.4 If necessary, the agency can use selected social media platforms in the digital advertising environment to carry out the order, i.e. contract-relevant social media posts by the client may be shared by the agency, provided the agency has a corresponding social media account.
2.2 Implementation of the advertising placement
The agency orients itself in the execution of the order and the provision of services on the following administrative work steps:
2.2.1 Advertising consultation
Communication and exchange of content for the commissioned image advertising between the agency and the client to clarify the details and advertising-related questions.
2.2.2 Preparation of advertising placement
Receipt, storage, viewing, editorial evaluation and analysis of the necessary or useful data, information and documents i.e. Advertising material in text form, images/audio recordings/video recordings, links to social media (links to website, social media platforms such as Instagram, Facebook, Twitter, YouTube, etc.).
2.2.3 Digital finalization
Acquisition, integration and administration of relevant data in a web database.
2.2.4 Implementation
Active placement i.e. implementation of the image advertising on the website www.tealartis.com for the purpose of permanent publication. At most, the use of selected social media platforms in the agency's digital media environment for advertising purposes.
2.3 Monitoring of the advertising to optimize the advertising use.
3. Other agency services (marketing, consulting)
3.1 At the special request of the client, in addition to the services according to Section 4, Paragraph 2 et seq. of the Terms and Conditions, the agency will take on additional services to be provided based on the prices of the agency's current price list:
3.1.1 Special texts
Development/revision of texts, specialist texts and foreign-language texts.
3.1.2 Content Marketing
Consulting, concept creation, development of content marketing measures.
3.2 At the special request of the client, the agency takes on the following tasks on the basis of a separate order (project order, consulting order) for a fee to be agreed separately:
3.2.1 Personal Consulting
Scope of the services and area of responsibility to be provided according to the separate order.
3.2.2 Event Marketing
Concept creation and development of events.
4. Obligations of the client
4.1 Scope of business and data delivery
4.1.1 The client will inform the agency of the expected scope of business with regard to the planned advertising activities before the new financial year. The client will immediately notify the agency of any changes to these communicated plans.
4.1.2 The client will provide the agency with all necessary or useful data, information and documents in a timely and complete manner (see Section 8, Paragraph 1 et seq. of the Terms and Conditions). The agency is committed to treat them as strictly confidential.
4.2 Guarantee of rights and obligations to cooperate
4.2.1 The client guarantees that he has all the necessary rights to place an order, guarantees the rights to the data made available and grants the agency all necessary copyrights, ancillary copyrights and other rights to use the advertising material (see Section 10, Paragraph 1 et seq. of the Terms and Conditions).
4.2.2 After the advertising material has been placed, the client is obliged to check the content and, if necessary, notify the agency (see Section 14, Paragraph 6 of the Terms and Conditions).
5. Confidentiality
5.1 The contractual partners will treat all personal, business, financial and other confidential information of the other party that became known or becomes known during the contractual relationship with the strictest confidentiality and neither use nor pass it on to third parties without the consent of the other party, unless there are (i) mandatory statutory provisions or (ii) a legally binding judicial or administrative order for such disclosure.
5.2 The duty of confidentiality applies during the current contractual relationship and also after the contractual relationship has ended.
6. Contract duration – contract termination
6.1 After the client has willingly placed the order, the contract generally begins when the agency accepts the order.
6.1.1 Advertisements are generally placed on the first of a calendar month. Individual agreements with the client can deviate from this provision.
6.1.2 The contract is valid for 12 calendar months.
6.2 It is concluded for an indefinite period of time and is automatically extended by one year at a time, unless one of the two parties terminates the contract in writing at least 3 months before the end of the respective contract period.
6.3 The right to termination with immediate effect for an important reason (see Section 9, Paragraph 3 of the Terms and Conditions) remains unaffected. The ordinary termination by the client has no effect on the fee calculation in the current financial year.
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§5 Advertising orders from companies and institutions
The service offers by the agency with regard to advertising as well as the scope of services, contract duration, rights and obligations of both contractual partners are explained below.
1. Subject of the contract
1.1 The client commissions the agency to implement a strategic market expansion of the advertising and communicative presence, i.e. image advertising in the digital media environment.
1.2 In particular, the agency provides advertising space on the website www.tealartis.com to promote the customer's image. In addition, social media platforms may be used for advertising purposes in the digital media environment.
1.3 For image advertising on www.tealartis.com the customer can choose from the following three agency offers:
• Teal Basic
• Teal Power
• Teal Spirit
1.4 The scope of the services to be provided by the agency results from the present contract offer and the description of services contained therein. Additional services as well as subsequent changes to the service content require a written agreement, for example in electronic form (e.g. e-mail), by post (e.g. by letter) or by means of attachments attached to the contract.
1.5 Due to the digital media environment, the order is valid worldwide. The contractual relationship is based on the general terms and conditions of the agency, whereby the validity of the general terms and conditions of the agency is accepted (see Section 1, Paragraph 2; Section 1, Paragraph 4, Clause 4.2, Subclause 4.2.1 et.seq. and Section 1, Paragraph 7 of the Terms and Conditions). The general terms and conditions of the agency can be requested by the client at any time in electronic form (e.g. by e-mail) and viewed at any time on the agency's website.
1.6 With the acceptance of the order by the agency, the client is assured of the closest cooperation and the client's interests are protected at all times. The data protection declaration of the agency can be requested by the client at any time in electronic form (e.g. by e-mail) and viewed at any time on the agency's website (see Section 2, Paragraph 3 of the Terms and Conditions).
2. Agency services
2.1 The agency's service offer contains innovative image advertising in the digital media environment. For the implementation of advertising measures in digital media including the Internet, the agency provides a digital platform conceived, designed, operated and promoted for this purpose i.e. the website www.tealartis.com.
2.1.1 Advertising offer “Teal Basic“
“Teal Basic“ includes an individual advertising space on www.tealartis.com and has placeholders for a text passage, an image file, as well as placeholders for a link to a website, for a telephone number and an e-mail address. There are also placeholders for setting up four social media links.
2.1.2 Advertising offer “Teal Power“
“Teal Power“ is an upgrade offer on the digital platform of www.tealartis.com. The offer provides a prominent placement option for the client's company logo. The advertising space offered enables the logo to be displayed on the homepage on www.tealartis.com. The logo placeholder includes a website link option. The offer “Teal Power“ includes “Teal Basic“.
2.1.3 Advertising offer “Teal Spirit“
“Teal Spirit“ is an upgrade offer on the digital platform of www.tealartis.com. With the advertising placement in the “Stakeholder“ section, the offer provides the client with a prominent advertising space. The stakeholder advertising space has a placeholder for an image file and the customer's company name. In addition the advertising space offered also enables the logo to be displayed on nearly all pages on www.tealartis.com. The placeholders include a website link option. The offer “Teal Spirit“ includes “Teal Basic“ and “Teal Power“. As per the agency's social business agenda, a separate price can be agreed.
2.1.4 If necessary, the agency can use selected social media platforms in the digital advertising environment to carry out the order, i.e. contract-relevant social media posts by the client may be shared by the agency, provided the agency has a corresponding social media account.
2.2 Implementation of the advertising placement
The agency orients itself in the execution of the order and the provision of services on the following administrative work steps:
2.2.1 Advertising consultation
Communication and exchange of content for the commissioned image advertising between the agency and the client to clarify the details and advertising-related questions.
2.2.2 Preparation of advertising placement
Receipt, storage, viewing, editorial evaluation and analysis of the necessary or useful data, information and documents i.e. Advertising material in text form, images/audio recordings/video recordings, links to social media (links to website, social media platforms such as Instagram, Facebook, Twitter, YouTube, etc.).
2.2.3 Digital finalization
Acquisition, integration and administration of relevant data in a web database.
2.2.4 Implementation
Active placement i.e. implementation of the image advertising on the website www.tealartis.com for the purpose of permanent publication. At most, the use of selected social media platforms in the agency's digital media environment for advertising purposes.
2.3 Monitoring of the advertising to optimize the advertising use.
3. Other agency services (marketing, consulting)
3.1 At the special request of the client, in addition to the services according to Section 5, Paragraph 2 et seq. of the Terms and Conditions, the agency will take on additional services to be provided based on the prices of the agency's current price list:
3.1.1 Special texts
Development/revision of texts, specialist texts and foreign-language texts.
3.1.2 Content Marketing
Consulting, concept creation, development of content marketing measures.
3.2 At the special request of the client, the agency takes on the following tasks on the basis of a separate order (project order, consulting order) for a fee to be agreed separately:
3.2.1 Personal Consulting
Scope of the services and area of responsibility to be provided according to the separate order.
3.2.2 Event Marketing
Concept creation and development of events.
4. Obligations of the client
4.1 Scope of business and data delivery
4.1.1 The client will inform the agency of the expected scope of business with regard to the planned advertising activities before the new financial year. The client will immediately notify the agency of any changes to these communicated plans.
4.1.2 The client will provide the agency with all necessary or useful data, information and documents in a timely and complete manner (see Section 8, Paragraph 1 et seq. of the Terms and Conditions). The agency is committed to treat them as strictly confidential.
4.2 Guarantee of rights and obligations to cooperate
4.2.1 The client guarantees that he has all the necessary rights to place an order, guarantees the rights to the data made available and grants the agency all necessary copyrights, ancillary copyrights and other rights to use the advertising material (see Section 10, Paragraph 1 et seq. of the Terms and Conditions).
4.2.2 After the advertising material has been placed, the client is obliged to check the content and, if necessary, notify the agency (see Section 14, Paragraph 6 of the Terms and Conditions).
5. Confidentiality
5.1 The contractual partners will treat all personal, business, financial and other confidential information of the other party that became known or becomes known during the contractual relationship with the strictest confidentiality and neither use nor pass it on to third parties without the consent of the other party, unless there are (i) mandatory statutory provisions or (ii) a legally binding judicial or administrative order for such disclosure.
5.2 The duty of confidentiality applies during the current contractual relationship and also after the contractual relationship has ended.
6. Contract duration – contract termination
6.1 After the client has willingly placed the order, the contract generally begins when the agency accepts the order.
6.1.1 Advertisements are generally placed on the first of a calendar month. Individual agreements with the client can deviate from this provision.
6.1.2 The contract is valid for 12 calendar months.
6.2 It is concluded for an indefinite period of time and is automatically extended by one year at a time, unless one of the two parties terminates the contract in writing at least 3 months before the end of the respective contract period.
6.3 The right to termination with immediate effect for an important reason (see Section 9, Paragraph 3 of the Terms and Conditions) remains unaffected. The ordinary termination by the client has no effect on the fee calculation in the current financial year.
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§6 Rejection of orders, termination of orders, labeling of advertising material
1. The agency expressly reserves the right to refuse advertising orders on the basis of the content, origin and technical form of the advertising material in accordance with the agency's objectively justified and uniform guidelines, in any case if the advertising material violates the law or official regulations at the agency's reasonable discretion, the rights of third parties and/or violations of common decency, as well as the placement deems inappropriate for the agency. The agency will immediately inform the client of any rejection.
2. The agency expressly reserves the right to withdraw and/or block advertising material that has already been placed, at least if retrospective facts exist and/or the agency becomes aware that the conditions of the regulation under Section 6, Paragraph 1 of the Terms and Conditions have been met. The agency will immediately inform the client of any withdrawal and/or blocking.
3. Advertising material can be identified as such by the agency if it is not clearly recognizable as advertising due to its design and/or its contextual advertising placement.
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§7 Implementation, placement, rebooking, website changes
1. The advertising material commissioned and delivered by the client will be placed on the agreed online platform/website within the agreed placement period. Unless expressly agreed otherwise in writing, there is no entitlement to placing the advertising material(s) in or on a specific position. As a rule, the agency endeavors to place the advertising material in the location requested by the client.
2. An agreed advertising placement can generally be rebooked by the client (change of the placement request or the period of the placement), but only if the following requirements are met: (i) the request for a rebooking will be communicated in writing at the latest 10 working days before the contractually agreed start of the campaign; (ii) the contractually agreed booking volume (total amount of the fee in accordance with the provisions of the respective valid price list) is maintained; (iii) there is no delay with regard to the rebooked volume compared to the originally booked volume; (iv) that the agency has sufficient spare capacity with regard to the desired new advertising material placement.
3. The agency is entitled to adapt the design of its website (e.g. the layout) in the sense of a contemporary appearance and according to its own assessment, provided that an equivalent display of advertising material is guaranteed.
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§8 Data delivery, changes to advertising materials, cookies in advertising materials, reporting
1. The client is obliged to submit proper and flawless advertising material and/or data and materials (e.g. image and text material) to the agency, in particular with regard to the following criteria: (i) according to the format; (ii) according to the delivery instructions by the agency; (iii) in accordance with any technical requirements and/or specifications by the agency.
2. The client is also obliged to provide the required advertising material in good time, but at the latest: (i) 10 working days before the advertising material is placed in the case of standard advertising formats (e.g. display ads); (ii) 20 working days before the advertising material is placed in the case of advertising orders that include completely or partially special advertising formats (e.g. Classic Advertorial); (iii) 30 working days before the advertising material is placed in the case of special advertising formats specially designed by the agency for the client (e.g. Custom Solutions), unless otherwise expressly agreed in writing.
3. Any costs of the agency, which are justified in the context of desired and/or justifiable changes to the advertising material(s) and which result from the non-compliance with one and/or more of the conditions set out under Section 8, Paragraph 1 of the Terms and Conditions, are to be borne by the client.
4. Placement of cookies and/or similar technologies (e.g. for the purpose of collecting, evaluating and/or analyzing the advertising material placement or user behavior) in the advertising material, delivered to the agency for use by the client and/or by third parties commissioned by the client, and/or data, requires prior consultation and consent from the agency, as well as a separate written agreement. Any consent of the agency is to be considered with the express reservation that the customer and/or third parties commissioned by the customer comply with legal provisions, in particular with regard to data protection provisions and/or data protection regulations when using the above-mentioned technologies for the necessary transparency and for the provision and disclosure of required information to users/data subjects and, if necessary, to obtain their prior consent.
5. Unless expressly agreed otherwise in writing, the client is not entitled to the placement of the advertising material listed under Section 8, Paragraph 4 of the Terms and Conditions.
6. With regard to advertising in standard advertising formats, advertising in advertising orders that include completely or partially special advertising formats, as well as custom solutions and/or other advertising cooperations, reporting requires a separate written agreement (e.g. transmission of a reporting defined in the written agreement).
7. Unless expressly agreed otherwise in writing, there is no entitlement to reporting by the agency.
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§9 Cancellation
1. The client has the right to cancel an advertising order against payment of the following remuneration: (i) A cancellation of advertising orders that contain standard advertising formats and/or completely or partially special advertising formats is possible up to 10 working days before the agreed advertising placement at no cost. If this deadline is not met, 25 percent of the order value will be charged. In the event of cancellation after the advertisement has been placed, the full order value must be paid; (ii) A cancellation of advertising orders that relate to custom solutions and/or other advertising cooperations is generally possible up to seven weeks before the agreed advertising placement at no cost. If this deadline is not met, the remuneration will be calculated proportionally according to the time delay (e.g. 1/7 of the order value will be charged in the event of cancellation six weeks before the agreed advertising placement). At least the personnel costs and/or technical costs incurred up to the time of cancellation will be invoiced. In addition, the customer will be charged for services already provided and external costs/expenses/fees/remuneration from third parties with no longer terminable contracts. In the event of cancellation after the advertisement has been placed, the full order value must be paid.
2. Contract terminations and/or cancellations must be made in writing to be effective.
3. The right to terminate the contract for an important reason remains unaffected.
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§10 Guarantee of rights, exemption, rights to be granted
1. The client warrants and assures that: (i) all rights necessary for the placement of the advertising material(s) are owned and/or the data and material are the property of the client and the client otherwise has the rights stipulated in this Section, (ii) the advertising material and/or data and material supplied for placement are not encumbered with third-party rights or no third-party rights (e.g. publicity rights, contractual rights, intellectual property rights, personality rights, trademark rights, copyrights) and/or legal provisions are violated; (iii) exempt the agency from a violation of the provisions set out under Section 10, Paragraph 1(i) and Section 10, Paragraph 1(ii) of the Terms and Conditions and defend the agency and hold it harmless from and against all actual or alleged claims, claims for damages, costs, liabilities and expenses and/or related damages, in particular any resulting legal defense costs, unless the client is not responsible for the violation. The client is obliged to support the agency in good faith (e.g. with documents, information) in legal defense against third parties.
2. The client grants the agency all necessary copyrights, ancillary copyrights and other rights for the use of the advertising material, namely: (i) with regard to known technical processes, online media, mobile offers of all kinds; (ii) unlimited for the amount of time and content required for the execution of the order, as well as for the location; (iii) in particular, the right to publish, make publicly available, distribute, reproduce, reproduce, broadcast, transmit and extract from a database.
3. The agency is not obliged to check advertising orders for impairment of the rights of third parties and/or for violations of statutory provisions.
4. If you believe that your work has been copied or otherwise used in a manner that constitutes copyright infringement, you can notify us of this by providing the following information (our contact details can be found in the final section of the Terms): (i) the contact details of the person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work that you believe has been infringed; (iii) a description of the material that you claim is in violation of the law or is the subject of a violation and that you wish to remove or block access to, and information sufficient to permit the discovery of the material (including the URL-address); (iv) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (v) a statement that the information in the notice is correct and an affidavit that you either own the copyright or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
5. We reserve the right to inform the natural or legal person who reported the breach of any counter-notification and to provide all information contained therein.
6. Contract terminations and/or cancellations must be made in writing to be effective.
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§11 Pricing
1. The current price list of the agency applies at the time of the application by the client, unless otherwise expressly agreed in writing.
2. The prices stated in the agency's price list are in EURO free of VAT (Value Added Tax) i.e. VAT is not included according to sec. 6 para. 1 (27) UStG (Austrian VAT Act) [“Small company owner rule“].
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§12 Invoicing, terms of payment, late payment
1. The amount of the invoice results from the advertising commissioned in the period of the invoice and is based on the prices that are specified in the agency's current price list or in a separate written agreement. Invoices are generally issued in writing in digital/electronic form (invoices e.g. by e-mail, etc.).
2. The prices stated are in EURO free of VAT (see Section 11, Paragraph 2 of the Terms and Conditions).
3. The offers “Teal Space“, “Teal Classic“, “Teal Classic Plus“, “Teal Basic“, “Teal Power“ and “Teal Spirit“ are billed in advance for the total amount of the commissioned advertising for 12 calendar months.
4. All Webshop orders i.e purchases are billed in the form of an advance invoice.
5. Invoicing for consulting and marketing services with an agreed flat rate/retainer fee takes place monthly before the service is provided. Further services commissioned by the client will be invoiced monthly after the service has been provided. If the agency and/or a third party commissioned by the agency is commissioned with the creation of advertising material on the basis of a contractual agreement, the billing will be carried out separately.
6. Advance invoices are due for payment upon receipt without any deductions.
7. Invoices for further services commissioned by the client are due for payment within 14 days of the invoice date without any deductions.
8. Payment must be made to the agency's account specified on the invoice. Any bank charges are to be borne by the client.
9. In the event of default in payment, the agency reserves the right to suspend further placement.
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§13 Hindrance of delivery
1. If the execution of an order is prevented for reasons for which the agency is not responsible or which cannot be attributed to the agency, the execution of the order will be rescheduled as far as possible. Reasons for a hindrance for which the agency is not responsible or is not responsible and which cannot be attributed to the agency can be: (i) any technical malfunctions; (ii) software-related malfunctions and/or computer failures; (iii) disruptions from the area of responsibility of third parties (e.g. provider, hosting service, network operator, etc.); (iv) disruptions due to force majeure.
2. The agency is entitled to remuneration if, after the disruption has ended, the order is carried out in a reasonable time that is reasonable for the client.
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§14 Limitation of liability, liability for defects, inspection and notification obligation
1. The agency is only liable for intent, gross negligence, negligent injury to life, limb, health or slightly negligent breach of an essential contractual obligation, and only in the case of paid services. A "material contractual obligation" means an obligation that you must meet in order to properly implement the Agreement and that you normally rely on and can reasonably rely on. Our liability for slightly negligent breach of an essential contractual obligation is limited to the amount of customary and foreseeable damage for this type of contract.
2. The above provisions apply to our contractual (including liability for futile expenditure) and non-contractual liability (including liability for unlawful acts) as well as liability arising from transactions prior to the conclusion of a contract (culpa in contrahendo). They also apply in favor of our managing directors, executives or other legal representatives, employees and vicarious agents.
3. Within the framework of the usual requirements of the respective state of the art, and as far as the advertising material or data supplied by the client allows, the agency guarantees the agreed placement of the advertising material(s).
4. The customer is aware that, given the current state of technology, it is impossible to create a completely error-free program. Insignificant errors are excluded from the warranty set out under Section 14, Paragraph 3 of the Terms and Conditions. An error in the presentation of the advertising material(s) is considered insignificant if it is due to the following reasons: (i) the use of unsuitable presentation software and/or hardware (e.g. browser, mobile applications, stationary or mobile devices); (ii) the disruption of third party communications networks; (iii) computer failure due to system failure; (iv) a failure of the computer due to not updated and/or incomplete offers on intermediate storage (so-called proxies); (v) a failure of the hosting service, insofar as this lasts for a maximum of 24 hours (consecutive and/or cumulative) within 30 days of the start of the contractually agreed placement.
5. If the hosting service fails over a certain period of time (more than 20% of the contractually agreed duration) as part of a firm booking for a limited period of time, the client is no longer obliged to pay for the duration of the failure. Any other claims are excluded.
6. After the first placement of the advertising material(s), the client is obliged to immediately check the placed advertising and, if any errors occur, to notify the agency within the first week of the advertising placement. Notifications of any errors must be made in writing. If the aforementioned deadline expires, any error is deemed to have been approved by the client. If the client requests a change to the advertising placed after the deadline has expired, he is obliged to bear the costs incurred as a result of the change.
7. The client has no claims in the event of inadequate advertising if any defects in the delivered advertising material(s) or data and material are not obvious. This also affects errors in repeated advertisements, provided that the client does not inform the agency of the error before the next advertisement. Notifications of any errors must be made in writing.
8. In the event of an inadequate execution of the order, the client is entitled, at the agency's discretion, to arrange for a subsequent improvement and/or a faultless replacement advertising placement, but only to the extent in which the purpose of the advertising material(s) was impaired. The client can withdraw from the advertising order or reduce the remuneration insofar as a subsequent improvement and/or replacement advertising does not work.
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§15 Declaration of consent according to the GDPR 2018
1. For a legally valid commissioning of the PR agency Tealartis eU, Mag. Tobin Carlin ("agency") with the placement of advertising material, a declaration of consent regarding personal data (i.e. consent according to the GDPR 2018) is required from the client.
2. The consent of the client / the person concerned to the declaration of consent regarding personal data (i.e. consent according to the GDPR 2018) is given by accepting the General Terms and Conditions, in the case of online registration with placing an order in the Webshop by willingly ticking the corresponding checkbox.
3. The client / as authorized representative hereby declares that he has read the declaration of consent regarding personal data (i.e. consent according to the GDPR 2018). Furthermore, the client / as authorized representative agrees (in the case of online registration with placing an order according to the submitted master data i.e. last name, first name, address) that his personal data / the personal data of the person concerned, that is
• Master data (surname, first name, place of birth, date of birth, language, nationality, data on education and profession, business address and other addresses, telephone and fax numbers, email address, professional and private contact details including contact persons and their function)
• Data with image / sound recordings / sound image recordings
• Links to social media (links to social media platforms such as websites, Instagram, Facebook, Twitter, YouTube, Vimeo, LinkedIn, Pinterest, XING, Reddit, Snapchat, TikTok, etc.)
• the data on the method of payment and in connection with payments, in particular bank details
are processed for the following purposes:
• Storage and administration in digital form, recording of relevant data in the website database,
• Publication, in particular in the form of the agency's digital web presence, for the purpose of permanent publication,
• Photo, audio and video recordings of events, especially on behalf of the client,
• Administration of customer contacts and interested parties, especially on behalf of the client
• Billing and verification
Furthermore, the client / the person concerned agrees to the transmission of the data to Cooperation partners [business partners, authorities, interest groups] including their administrative staff.
4. The client / the person concerned hereby declares that no claims can be made against the agency from the provision, publication or other use of the image / audio / audio image material.
5. The client / the person concerned would like all services in connection with the commissioning of the agency to be carried out as effectively and in a time-saving manner as possible. For the purpose of optimal support, the client / the person concerned agrees that
• all data mentioned in this declaration beyond the duration of the business relationship with the agency and
• a maximum of 3 years beyond the longest statutory retention period applicable to the agency
• may remain stored,
• so that this data is processed in the event of a renewed request from the client / the person concerned and
• may be transmitted to third parties to the extent necessary.
6. It is confirmed that the client / the person concerned is being authorized on the basis of legal representation or is entitled by an express power of attorney to give this consent, and to prove this to the agency upon request and hold the agency harmless in this regard.
7. The client / the person concerned is expressly informed about the right to revoke the consent to the agency to process personal data in whole or in part at any time by contacting the agency: Mag. Tobin Carlin, Tealartis e.U. c/o Impact Hub Vienna, Lindengasse 56/18-19, A-1070 Wien, E-Mail-Adresse tealartis@gmx.at. The revocation does not affect the legality of the processing that has taken place up to that point (see Section 1, Paragraph 2, Clause 2.2 and Section 3, Paragraph 2, Clause 2.3, Subclause 2.3.4 of the Terms and Conditions).
8. When using the Webshop on the agency’s website and placing an advertising order subject to payment (see Section 3, Paragraph 2 et seq. of the Terms and Conditions), and if the agency accepts the advertising order, in the interest of the client in terms of data protection the client may expressly request in addition to the given consent a declaration of consent form which can be forwarded separately by e-mail to be printed, filled out with name and address and signed by the client. The completed and signed declaration of consent has to be returned in digital form (e.g. scan, image, etc.) by e-mail (see Section 1, Paragraph 2, Clause 2.3 and Section 3, Paragraph 2, Clause 2.3, Subclause 2.3.3 of the Terms and Conditions).
9. The client / the person concerned is aware that the agency's data protection declaration is available on the agency's web portal www.tealartis.com/privacy-policy.
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§16 Intellectual rights
The agency's online services and associated content (and all derivative works or improvements thereof), in particular with regard to all texts, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, Materials, products, services, URLs, technology, documentation, trademarks, service marks, brand names and trade dress, and interactive features, and all intellectual property rights thereto, are either owned or licensed by us (collectively: "our intellectual property rights") and none of the Wording in these terms gives you rights in connection with our intellectual property rights. Unless expressly stated in these Terms or required by mandatory statutory provisions for the use of the Services, you do not acquire any rights, claims or interests in our intellectual property rights. All rights not expressly granted in these conditions are expressly reserved.
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§17 Change of conditions
We reserve the right to change these terms from time to time in our sole discretion to reflect changes in law or additional features we may introduce or as we otherwise develop our business. You should therefore read these terms and conditions regularly and in any case when you have a contractual business relationship with us (if applicable). If you are affected by the changes in the conditions, we will take your legitimate interests into account in an appropriate manner. We will inform you of such changes in good time in advance. The changes are deemed to have been accepted by you if you do not object to these changes within two weeks of this notification. We will point this out to you in our message. If you object to the changes, we have a special right of termination without further obligations to you, which takes effect on the date the changes come into force.
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§18 Applicable Law
1. These conditions are subject to the laws of the Republic of Austria (without taking into account the conflict of law provisions) and must be interpreted accordingly. The contract and all resulting mutual rights and obligations as well as claims between the agency and the customer are subject to Austrian substantive law, excluding its reference norms and excluding the UN sales law.
2. The court responsible for the seat of the agency is agreed as the place of jurisdiction for all legal disputes between the agency and the client in connection with this contractual relationship. Irrespective of this, the agency is entitled to sue the client at his general place of jurisdiction.
3. The European Commission provides a platform for online dispute resolution (OS), available at: https://ec.europa.eu/consumers/odr/. Please note that we are not obliged to resolve disputes with consumers before alternative dispute resolution bodies.
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§19 Miscellaneous
1. A waiver by either party of any breach or delay under these Terms does not constitute a waiver for previous or subsequent breaches or delays.
2. The headings used in these terms and conditions are for better understanding only and have no legal meaning.
3. Changes or additions to these terms and conditions and any contract must be made in writing. This also applies to a waiver of the written form requirement.
4. Unless expressly stated otherwise, if any part of these Terms is deemed illegal or unenforceable for any reason, it is agreed that that part of the Terms will be deleted and the remaining Terms will remain unaffected and in full effect. In addition, the ineffective part of the conditions is to be replaced by an effective clause that comes as close as possible to the economic sense of the ineffective clause. The same applies to closing a loophole that requires regulation.
5. Without our prior written consent, you may not assign your agreement with us under these terms, nor all or part of your contractual rights or obligations.
6. These terms and conditions constitute the general agreement and replace all previous written or verbal agreements between you and us in connection with the agency's services.
7. The provisions of these terms and conditions, which due to their nature are intended to outlast any such action on our part, remain in effect, in particular with regard to provisions regarding compensation, indemnities, exclusions of liability, limitations of liability and this section "Miscellaneous".
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Contact
To contact us, please send an e-mail to:
Name: Mag. Tobin Carlin
Address: Tealartis e.U. c/o Impact Hub Vienna, Lindengasse 56/18-19, A-1070 Vienna
E-mail: tealartis@gmx.at
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TERMS AND CONDITIONS
