Contractual provisions for banner advertising on «Logisticsinnovation.org»
Hereinafter, Logisticsinnovation Schmid is referred to as the "Provider" and the customer as the "Customer".
1. Banner Placement
The Provider operates a website on which advertising space, so-called banners, is made available to the Customer in such a way that a graphic or video provided by the Customer is displayed in the advertising space. The positioning and the exact page on the Provider's website on which the banner is to be displayed are specified in the attached printout of the website.
2. Type and Size of the Banner
The advertising banners are either static or dynamic. Banner size:
"Medium Rectangle" approx. (height 300 × width 250) or as agreed with the Provider.
The Customer will send the file containing the banner to the Provider no later than 7 days before the intended placement.
3. Term and Remuneration
The contract becomes effective upon signature. The following date of service provision is agreed as the commencement of the service obligation (start of use):
- The minimum term is governed by the agreed provisions as per the offer and/or invoice to the customer.
- The prices are valid according to the dates on the issued invoice.
- They become invalid upon the publication of new prices for new contracts.
- The prices are subject to the applicable statutory value-added tax of 7.7%.
- The duration of the banner advertising is specified in the offer and/or invoice.
4. The banner should appear on the following pages
, e.g.: https://www.logisticsinnovation.org/
"Category and subcategory" plus position within the categories. Final positions will be shown on the invoice to the customer.
5. Payment Terms for Banner Advertising
The agreed costs for banner advertising will be invoiced separately and transferred to the account of Logisticsinnovation Schmid, IBAN CH75 0900 0000 1557 2288 7.
Banner advertising fees are due in advance. If the customer defaults on payment, the provider is entitled to deactivate the banner and allocate the advertising space to another party. This does not affect the right to claim damages for non-performance.
6. Possible Termination of the Contract
The contract may be terminated for good cause. Good cause on the part of the provider exists in particular if:
- The customer fails to meet their payment obligations despite being given a reasonable grace period.
- The displayed banner infringes the rights of third parties, and this is not remedied despite a warning.
A valid reason for termination by the customer exists in particular if:
- The banner is not activated by the scheduled date despite a reasonable deadline being set.
- The link is not activated.
7. Warranty and Liability
The provider is not liable for events beyond its control . This includes, in particular, the functionality and/or availability of the provider's website pages. The provider's liability is limited to intent and gross negligence. This limitation of liability also applies in the case of fault on the part of an agent of the provider.
8. Customer's Duties and Obligations
The customer shall keep the target page accessible for the entire duration of the contract. If the customer fails to comply with this obligation, the provider is entitled to delete the link or the banner. The customer remains obligated to pay the full fee. The customer warrants to the provider that the banner used is free from third-party rights—in particular, copyrights and other intellectual property rights—and does not infringe any rights. Should an infringement claim nevertheless be asserted against the provider, the customer shall indemnify the provider against all claims, including the costs of legal defense. Should the customer subsequently discover that the advertising banner infringes applicable law and/or third-party rights, the customer shall inform the provider immediately. If an infringement claim is asserted by a third party, the provider may, at its sole discretion, decide whether to delete the banner, unless the customer has previously provided the provider with an amount sufficient to cover the anticipated costs. In the event of deletion, the customer remains obligated to pay the full fee .
9. Special Provisions for Server Services
In the event of disruptions in contract processing that fall within the provider's sphere of responsibility, the provider will take all reasonable and economically justifiable measures to restore full availability of the banner advertising as quickly as possible . The contracting parties acknowledge that the content design and maintenance of the connected websites are the sole responsibility of the provider . The LI portal guarantees the best possible display of the advertising material, in accordance with the prevailing technical standards . However, the customer acknowledges that, according to the current state of technology, it is not possible to create a completely error- free program. An error in the display of advertising materials does not exist, in particular, if it is caused by the use of unsuitable display software and/or hardware (e.g., browser), by disruptions in the communication networks of other operators, by computer failures at internet providers or online services, by incomplete and/or outdated offers on so-called proxy servers (caches) of commercial and non-commercial providers and online services, or by a server outage that does not last longer than 24 hours (consecutive or cumulative) within 30 days of the start of the contractually agreed campaign. If the customer detects a technical malfunction, they will inform the sole responsibility for the content of this data The customer bears
10. Damages.
Claims for damages arising from breach of contract, negligence during contract negotiations, tort, and non-performance are only available to the customer if the damage is caused by intent or gross negligence on the part of the provider, its executive employees, legal representatives, or vicarious agents. In the case of claims for non-performance, this applies only to the extent that compensation is sought for indirect or consequential damages, unless the liability is based on a warranty intended to protect the customer against the risk of such damages. The limitation of liability to intent and gross negligence also does not apply to breaches of fundamental contractual obligations.
11. Final Provisions
. Any side agreements or amendments to clauses must be in writing. No other side agreements to this contract exist. Should any provision of this contract be or become legally invalid, it shall be replaced by a legally valid provision that most closely approximates the economic intent of the invalid provision. The place of performance and jurisdiction is Aarau.
December 10, 2020, Rupperswil
