Terms and Conditions for Advertisers
§ 1 General information, Use of the platform
- The eBesucher platform of the provider TurboAd GmbH, Kienberger Allee 4, 12529 Schönefeld (in the following referred to as “provider”) offers a platform for advertising placements and generation of new clients.
- Companies from various sectors (in the following referred to as “advertiser”) have the opportunity to promote their services to end customers (in the following referred to as “user”) by displaying advertisements via the provider’s surfbar, click campaigns or via e-mail transmission.
- The use of the platform’s main functionalities is free of charge. Advertisers, however, can also book a paid membership with advanced functions.
- The provider only acts as a mediator between the user and the advertiser. Any contract between the user and the advertiser for a booked service is only concluded, if the user orders something from the advertiser.
§ 2 Conclusion of contract for advertiser
- The advertiser has the choice between various packages to promote their offers. In case a-based package is selected, the contract shall be concluded by the completion of the booking process. In the same way, the advertiser may purchase credit in the form of points. The credit may be used for clicks through click campaigns, impressions of a website in the surfbar or for e-mail transmission to users.
- The advertiser can be a consumer or an entrepreneur. The customer is deemed a consumer in the sense of § 13 BGB, as long as the purpose of the ordered deliveries and performances cannot be linked to a commercial activity. In contrast, every individual or legal entity or partnership exercising commercial or independent professional activities when concluding this contract, shall be considered an entrepreneur in the sense of § 14 BGB.
- Fees shall be paid in advance. The payment shall be made by using any of the payment methods offered by the provider. The provider bears the Paypal fees. The provider may carry out the deletion of the advertiser’s advertising, in case of a considerable interest in the deletion (i.e. breach of the obligations of the the advertisers). In case of a content deletion for the reasons stated above, there will be no refund of the fees.
- The prices stated on the website shall apply for any orders placed on the website at the time of contract conclusion. The prices are quoted including value added tax, unless otherwise stated.
- If the advertiser is in default of payment, the provider is entitled to demand default interest in accordance with legal regulations. The liability of the customer to the payment of default interest does not exclude the assertion of further claims of the provider.
- There is no contractual right of withdrawal from the contract concluded or no cancellation option for the advertiser. The payout of not consumed credit is not possible. This does not apply in case the provider terminates his offers.
- The provider is entitled to change the prices of the paid memberships with a period of advance notice of 30 days. If the customer does not disagree within this period, the changes shall be considered approved.
- The conclusion of the contract is carried out in German language. The contract text is archived in accordance with data protection laws.
§ 3 Obligations of the advertiser
- At any time. the respective advertiser is exclusively responsible for the information and data supplied by him or her (i.e. texts created by the advertiser, transmitted images and/or graphics, links as well as videos).
- Should any content transmitted by the advertiser violate a third party’s rights, for instance copyrights, competition law or the protection of the legitimate expectation, the advertiser releases the provider from any third party claims. This release includes claims for damage compensation, claims for restraint and information as well as necessary legal defense costs. The same applies when the advertiser commissions the provider with the creation of entries.
- The parties will immediately inform each other should a third party claim the violation of its rights or other claims arising from the contractual relationship.
- The provider assumes that the advertiser owns all necessary copyrights, trademark rights or other rights when transmitting data to the provider. This will not be reviewed by the provider. The provider points out that third parties can assert considerable claims for damages in the event of content that infringes copyright. This applies also to pictures showing recognizable persons. In this case, the advertiser has to obtain consent for presenting from these people and prove this upon request.
- The advertiser guarantees, that the contents of the transmitted picture files do not violate penal laws, in particular do not violate the prescriptions regarding the distribution of pornography with children (§ 184 StGB). In case of a violation, the provider reserves the right to file a complaint immediately.
- The advertiser obligates to keep its transmitted data correct and up-to-date and to inform the provider of any changes immediately.
- With the transmitted contents, the advertiser grants the provider the royalty-free and limited to the duration of the information entry, locally unrestricted, irrevocable and non-exclusive right, to use these information (in whole or in part) including its contents (i.e. images) worldwide, to reproduce, to modify, to adapt, to publish, to translate, to edit, to distribute, to display and to present them and/or to incorporate such content into other works (portals) of the provider in any format, medium or technology now known or later developed until the termination/expiry of the activation.
- The advertiser is responsible for the compliance with the legal provisions, in particular the competition regulations.
§ 4 Liability
- Claims of the advertiser for damages are excluded. Exceptions to this are advertiser claims for damages due to injury to life, body and health or relating to serious breach of essential contractual obligations (cardinal obligations) as well as liability for other damages caused by intentional or reckless violation of primary obligations through eBesucher, its legal representatives or performing agents. Essential contractual obligations are those whose performance is necessary for attaining the purpose of the contract.
- In the case of violation of the essential contractual obligations, the provider is only liable for the typical and foreseeable contract damage if cause due to gross negligence unless the advertiser claim is based on injury of life, body or health.
- The liability for lost profit towards entrepreneurs is excluded.
- The provider is specifically not liable for any damage that is caused by a crash of the website without his fault.
- The provider is not liable for the accuracy and availability of the advertisers’ services promoted on the provider’s website.
- In case of bookings of advertiser services which are promoted on the provider’s website, the provider is not a contractual partner of the users booking these services. A contract shall come into existence between the user and the advertiser. Liability for the advertiser behaviour or his or her agents will not be assumed.
- The advertiser is responsible for the storage of his transmitted contents located outside the website. The provider assumes no responsibility for lost contents.
- The limitations in (1) to (7) also apply to the representatives or agents of the provider, if the claims are aimed directly at them.
§ 5 Suspension of the account / of contents
In the event of an infringement of the aforementioned obligations of § 3 by the advertiser, the provider shall be entitled to block contents of advertisers. In this case, there is no obligation for reimbursement of already paid fees
§ 6 Data protection
- The advertiser agrees to the storage of personal data in compliance with data protection laws, in particular the BDSG (Federal Data Protection Act) and DSGVO (General Data Protection Regulation), in accordance with the purpose of the legal relationship with the provider. A transmission of data to third parties will not be effected without explicit consent of the relevant persons, or unless it is necessary for the purpose of implementing the contractual relationship.
- The advertiser assures that he has obtained the consent of the third party when entering personal data from third parties and releases the provider from any claims in this regard.
- The data subjects’ rights are governed in particular by the following terms of the DSGVO:
- Article 7(3) – Right to withdraw consent under data protection law
- Article 15 – Right of the data object to be informed about any information regarding him or her, right to confirm the personal data and right to obtain a copy of the personal data
- Article 16 – Right to correct
- Article 17 – Right to delete („Right to be forgotten“)
- Article 18 – Right to restriction of processing
- Article 20 – Right to data portability
- Article 21 – Right to object
- Article 22 – Right to not be subjected to a decision based exclusively on automated processing – profiling included.
- Article 77 – Right of complaint to a supervisory authority
- In order to exercise his or her rights, the user or person concerned is instructed to address eBesucher via e-mail or in case of a complaint to contact the supervisory authority.
- We refer to the eBesucher privacy statement.
§ 7 Duration, Termination
- The membership runs for an indefinite period and may be terminated with a period of 1 day at the end of the month. In case the customer books the paid premium- or premiumplus-extension, he can terminate it at the current billing period. There is no claim on the refund of monthly fees paid in advance.
- The right to extraordinary termination for an important reason shall remain unaffected.
- A termination in compliance with the written form or via the online form in the members section is possible. The decisive factor for the date of the termination is the receipt of the termination declaration.
§ 8 Confidentiality
- "Confidential information" are all information, files and documents about the operations of each other party which came to the other party’s knowledge.
- Both parties undertake that they treat the sensitive information about the respective other party confidential and to use them only for the fulfillment of the contract and its purpose.
- Both parties undertake that they impose the confidentiality obligation to all employees and/or third to parties, who have access to the aforementioned procedures.
- The confidentiality obligation referred to in paragraph 2 does not apply for information,
- which were known to the respective other party on conclusion of the contract,
- which had already been published at the time of disclosure by the advertiser, that have not resulted from a breach of confidentiality by the respective other party,
- which have been explicitly released for publication by the respective other party in a written statement,
- which the respective other party obtained legally and without any restrictions of the confidentiality from other sources, if the distribution and use of these confidential information does neither violate the contractual agreements nor legal provisions or official orders,
- which the respective other party developed himself without using confidential information of the principal,
- which have to be disclosed due to statutory obligations, information requirements and/or publication requirements or official orders.
§ 9 Jurisdiction and applicable law
- The business relations between the parties shall be subject to the laws of the Federal Republic of Germany to the exclusion of UN Sales Convention. The statutory provisions to the limitation of choice of law and the applicability of mandatory standards in particular of the state, in which the advertiser is ordinarily resident as consumer, remain unaffected.
- The place of jurisdiction is the location of the provider, as far as the advertiser is merchant in the sense of German Commercial Code (HGB) or a legal entity with subject to public law or public-law special funds. The same applies, when the advertiser has no general place of jurisdiction in Germany or when the residence or usual place of residence is not known at the time that a suit is filed.
§ 10 Scope of terms and conditions und changes
- The business relations between the parties shall be subject to the laws of the Federal Republic of Germany to the exclusion of UN Sales Convention. The statutory provisions to the limitation of choice of law and the applicability of mandatory standards in particular of the state, in which the advertiser is ordinarily resident as consumer, remain unaffected.
- The place of jurisdiction is the location of the provider, as far as the advertiser is merchant in the sense of German Commercial Code (HGB) or a legal entity with subject to public law or public-law special funds. The same applies, when the advertiser has no general place of jurisdiction in Germany or when the residence or usual place of residence is not known at the time that a suit is filed.
§ 11 Severability clause
Even if individual points of this general terms and conditions are legally invalid, all other parts of the terms and conditions remain binding. The invalid term shall be replaced by an appropriate arrangement that, as far as legally possible, comes closest to the expectations of the contract parties. The same shall apply in the case of a loophole in the terms and conditions.
Date: 15th September 2020