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General Terms and Conditions for Using Firmen-Channel Pro from publish-industry Verlag GmbH

1. Scope of application, exclusive application
(1) The following Terms and Conditions ("GTC") apply to publish-industry Verlag GmbH's ("publish-industry") provision of the services described in the following to the partner. The specific services publish-industry will provide to the partner are described in a sepa-rate order form.
(2) Deviating partner GTCs are expressly excluded, even when publish-industry does not object to them in the specific individual case.
2. Firmen-Channel Pro
(1) Scope of service
Firmen-Channel Pro enables the partner to structure its corporate profile in the Firmen-Channel of the respective publish-industry web magazine and the industry portal "IN-DUSTR", and to implement optimisations in accordance with the partner's own ideas in or-der to stand out from competitors.
(2) Availability of Firmen-Channel Pro
(a) publish industry guarantees 95% availability for Firmen-Channel, measured in rela-tion to the calendar year.
(b) "Availability" means the ratio of actual time versus target time. Availability (in %) is calculated as follows: actual time / target time x 100. Actual time is the time frame in which the system is available at the router exit point in the publish-industry data processing centre. Target time is based on 24-hour availability on one day in a cal-endar year. Target time does not account for reasonable wait times necessary for system maintenance nor interruptions for offline back-ups due to force majeure or other grounds for which publish-industry is not responsible. Maintenance work will be performed from 7pm to 8am to the extent doing so is possible and not unrea-sonable.
(c) The partner must report error reports to publish-industry immediately. publish-industry will promptly react to error reports during business hours.
(3) Partner provision of content
(a) The partner bears sole responsibility for the completeness and correctness of the content made available and will ensure that the content it transfers does not violate applicable legislation.
(b) Information the partner makes available on the Firmen-Channel must be technically faultless (i.e. especially no viruses, trojan horses or self-executing files), and the partner must hold the requisite rights for using the information as laid out in this contract.
(4) Usage permission, rights to content and software, right to delete content
(a) All rights to content and software publish-industry makes available belong to pub-lish-industry and/or the licensor. To the extent necessary, the partner will receive a simple, non-transferable right for online access to such content and software in order to meet the partner's rights and obligations pursuant to this contract's objec-tive.
(b) If the partner makes content available to publish-industry, then publish-industry will receive a right that is non-exclusive and free from restrictions regarding geogra-phy and term to advertise and make publicly accessible content provided for im-plementation in Firmen-Channel Pro.
(c) Following prior partner notification, publish-industry will have the right to delete in-dividual content placed on Firmen-Channel Pro for the partner. This especially ap-plies for content that violates legal provisions. In the event of deletion, publish-industry will notify the partner of deletion.
(5) Indemnity
The partner will indemnify and hold harmless publish-industry regarding claims made by third parties due to violation of their rights by content sent by the partner and placed on the Firmen-Channel. The partner will also assume the costs for legal defence becoming necessary, unless the partner is not responsible for the legal breach. Furthermore, the partner shall immediately provide all information requisite to auditing the claims.
3. Control Manager
(1) Scope of service
The Control Manager add-on package will enable the partner to obtain from one source all information regarding use of the partner's Firmen-Channel via the functions "Reputation-Control" and "Content-Control" on the one hand, and also to check the Firmen-Channel's review function and to submit comments regarding the individual review. Control Manager can only be booked in combination with Firmen-Channel Pro.
(2) Review system
Inappropriate use of the review system is prohibited. It is particularly prohibited
• To make misleading or untrue comments regarding reviews, or to make comments of a degrading or offensive nature about a user who made a review;
• To commission employees to make false or misleading reviews about one's own company;
• To utilise review comments for a purpose other than addressing a user's specific review;
• To pressure users to act, to tolerate a circumstance or to cease an action by mak-ing the threat of submitting or not submitting a review.
publish-industry reserves the right to delete comments and reviews violating these provi-sions without prior consultation with the partner.
4. Reimbursement, payment date
(1) Firmen-Channel PRO "Flat"
For the initial setup of Firmen-Channel PRO "Flat", the partner will pay a one-time setup fee (see Invoicing will be performed after Firmen-Channel PRO "Flat" has been set up. Use of Firmen-Channel PRO "Flat" is additionally subject to an annual fee, which is de-pendent upon the number of employees the partner has. The specific fees the partner incurs are laid out at If the number of employees at the partner's company changes after contract conclusion, then the parties will adjust remuneration in accordance with the thresh-old values shown effective the following calendar month. To that end, the partner will inform pub-lish-industry when the number of employees at the partner's company changes such that a higher or lower threshold value applies. Use of the "Control-Manager" supplemental package is included when booking Firmen-Channel PRO "Flat."
(2) Firmen-Channel PRO "Performance"
For the initial setup and administrative maintenance of Firmen-Channel PRO "Performance", the partner will pay an annual base price (see Invoicing will occur at the beginning of the respective term. In addition to the base price, use of Firmen-Channel PRO "Per-formance" is also subject to a fee for each instance of content access (see Instances of content access are evaluated and invoiced at the end of the respective quarter. Use of the "Control-Manager" supplemental package is included when booking Firmen-Channel PRO "Performance."
(3) Firmen-Channel LITE in combination with "Control Manager"
Use of "Control-Manager" in combination with Firmen-Channel "LITE" is subject to an annual fee (see
(4) Payment term, sales tax
Invoices are payable immediately at the time of invoicing. All prices are subject to sales tax.
5. Changes in term, automatic extension, and termination
(1) The contracts regarding use of Firmen-Channel PRO "Flat", Firmen-Channel PRO "Performance" and "Control-Manager" enter into effect via confirmation in writing or via e-mail for the order and have a term of twelve (12) months.
(2) If the contract is not terminated with notification at least six weeks before contract end, then the contract term will extend another twelve (12) months.
(3) The right to immediate termination on significant grounds remains unaffected.
(4) Termination must be made in writing to be effective.
6. Liability
(1) publish-industry is liable for malicious conduct and wanton negligence. In the event of slightly negligent violation of a main performance obligation or a secondary obligation whose violation places attainment of the contract objective at risk or whose fulfilment is vi-tal to facilitating contract execution and whose compliance the partners should be able to rely upon, publish-industry's liability will be limited to the foreseeable damages typical to contracts. publish-industry is not liable for slightly negligent violation of secondary obliga-tions that are not among the significant secondary obligations.
(2) The preceding provisions do not affect cases involving assumption of a quality guarantee nor liability for damages due to injury to life, body or health.
7. Offsetting, retention right and cession
(1) The partner may only offset claims that are undisputed, legally established or ready for adjudication. The partner may only exercise a retention right when the counter-claim is based on this contract relationship and is undisputed, legally es-tablished or ready for adjudication.
(2) The partner must obtain prior consent from publish-industry in order to cede rights pursuant to this contract relationship.
8. Sub-contractor
publish-industry has the right to engage sub-contractors to fulfil its obligations.
9. Non-disclosure, citing as reference
(1) The parties shall - with no term limit, especially following contract expiration - use all information and documents provided by the other party within the scope of the contract relationship and all knowledge of confidential information and business secrets exclusively in the interest of contract fulfilment and will handle such infor-mation in a confidential manner.
(2) The parties shall furthermore bind their employees and third parties they engage to non-disclosure obligations via suitable agreements.
(3) The non-disclosure obligation does not apply to confidential information
• That was already apparent at the time of disclosure or that becomes public knowledge thereafter without a breech of the preceding provisions being contribu-tive to that circumstance;
• That a party expressly disclosed on a non-confidential basis;
• That was already in the legal possession of the respective party prior to disclosure; or
• That was disclosed by a third party at a later time without violation of a non-disclosure obligation.
(4) The burden of proof regarding establishment of the preceding exceptions will lie with the party claiming the exception.
(5) publish-industry may cite the partner throughout the term of this contract as a ref-erence partner and use the partner's company logo and company name to that end in offline and online releases.
10. Applicable law, legal venue, severability
(1) The laws of the Federal Republic of Germany will apply with exclusivity.
(2) The exclusive legal venue will be the jurisdiction covering publish-industry's domi-cile. However, publish-industry does have the right to address the court with juris-diction over the partner's domicile as well.
(3) Should individual contract provisions be or become wholly or partially invalid, the remaining contract provisions will remain in effect.
(4) The English translation of our General Terms and Conditions is provided for your convenience. In the event of a discrepancy between the German version and the English version, the German version will have precedence
Status in May 2016