General Terms, Conditions and Prices
The price list can be downloaded, here.
§1 General / Area of Application
1. These General Terms and Conditions apply to the Daylight Media Server (www.daylight-medienserver.com), a service provided by Daylight Public Relations International (hereinafter referred to as Daylight PR).
2. Deviations from the following rules and/or subsidiary arrangements must be agreed upon in writing by an authorised signatory of the using party as well as Daylight PR.
§2 Publication of Documents and Information
1. All documents and information are to be supplied in digital form by the using party. The using party must ensure that the format and other properties of any such documentation comply with the criteria stipulated for the Daylight Media Server (see §11, No. 1). In the case of non-compliance, Daylight PR is entitled to reject the respective documentation or charge an appropriate editing fee. A termination of the contract shall not result from any such measures.
2. The using party must have a working knowledge of TYPO3 before assuming responsibility for publishing or maintaining content.
3. In this context, the using party shall undertake to ensure that he/she regularly checks the topicality and correctness of the content associated with him/her, his/her company or organisation. Should any deficiencies be determined in this respect, these must be rectified without delay.
4. If the minimum requirements are no longer met for a reserved package (e.g. due to the removal of individual documents), Daylight PR is entitled to suspend the using party’s Internet presence on the Daylight Media Server entirely. In such cases, the using party shall be advised that the missing documents must be made available in the stipulated quality as soon as possible. Should the using party be unable to do so, the using party’s Internet presence shall remain deactivated. This shall have no bearing whatsoever on the contract terms and the contract shall terminate automatically once the respectively agreed one-year period has expired.
§3 Applicable Law / Place of Jurisdiction
The law of the Federal Republic of Germany shall apply exclusively to the legal relations between the using party and Daylight PR. The place of jurisdiction for the resolution of disputes arising from agreements made with Daylight PR is the city of Dresden, Germany.
§4 Prices
1. The prices for the service packages relating to the use of the Daylight Media Server are set out in a separate price list. This price list includes binding specifications pertaining to the required digital formats, the minimum and maximum requirements of the documents and information to be published as well as other important conditions.
2. Once an agreement has been concluded, these requirements are binding for all contract parties for the duration of the respectively agreed period of time.
3. All prices listed are net prices and do not include the corresponding amount of value-added tax (for billing in Germany).
§5 Pricing Disclaimer
After a contract period of one year, Daylight PR is entitled to carry out price adjustments in so far as these are consistent with the general price trend for comparable products. The using party must be informed in writing of any such price adjustment.
§6 Payment Due Dates
1. In so far as no other agreement has been concluded, the monthly usage fees for the Daylight Media Server shall each become due once the final day of each month has passed and are to be paid no later than the 3rd calendar day of the subsequent month.
2. The initial set-up fee shall be added to the invoice for the first monthly fee.
3. Should the full annual subscription and the initial set-up fee be paid in advance before usage begins, Daylight PR shall grant a 2.5% discount on the monthly fees.
4. In the event of late payments, Daylight PR is entitled to charge interest on arrears amounting to 5 percent above the bank rate of the European Central Bank (ECB), or at least 8 percent in any case.
§7 Liability
1. Within the framework of the legal regulations, the using party agrees to indemnify Daylight PR from any third-party claims lodged against Daylight PR in relation to content published by the using party.
2. Daylight PR dissociates itself explicitly from all content published on the Daylight Media Server. In particular, this also applies to hyperlinks to external websites. The using party has sole responsibility for deciding which hyperlinks to external content are included in his/her documents. In view of the fact that any such external content is not subject to the Daylight PR quality control process, Daylight PR accepts no liability for the content or activities of external websites.
3. The respective using party has sole responsibility for ensuring the legality of the content he/she publishes on the Daylight Media Server.
4. The using party is also responsible for ensuring the correctness of factual statements. Specifically, this applies to cases in which any such statements may constitute a breach of competition law, copyright or special advertising legislation. Furthermore, Daylight PR accepts no liability for the legal protection of patents, designs and trademarks or the registrability of documents.
5. Daylight PR is liable to pay damages to the using party in the event of intentional conduct or gross negligence or a breach of primary contractual obligations. Daylight PR is not liable for damages resulting from third-party deficiencies, delays or the non-fulfilment of obligations by third-parties.
6. Daylight PR accepts no liability for deficiencies or delays in the fulfilment of contractual obligations in so far as these result from acts of God or other causes outside the control of Daylight PR.
§8 Legal Succession
In the event of ownership, business or legal succession, the using party shall undertake to transfer existing arrangements with Daylight PR (including all associated rights and obligations) to his/her successor in written and legally effective form.
§9 Observance of Deadlines / Service Periods
1. If Daylight PR assumes responsibility for implementing and maintaining content in the name of the using party, Daylight PR is obliged to publish new documents and/or updates within three working days.
2. Daylight PR makes every effort to ensure that agreed deadlines are observed. However, Daylight PR is only liable to pay damages incurred due to delays resulting from intentional conduct or gross negligence on the part of Daylight PR. Unavoidable or unforeseeable events, and delays on the part of the using party in particular, absolve Daylight PR from the obligation to observe the agreed publication deadline.
3. In particular, this absolvement from the obligation to observe the publication deadline is applicable if the documents and/or content to be published do not comply with the stipulated requirements. In such cases, the using party shall undertake to take corresponding remedial action soon as possible.
§10 Focus of Content
1. The Daylight Media Server is oriented primarily towards companies and organisations involved in the fields of information technology, telecommunications, industrial technology, energy, research and science. Daylight PR considers companies and organisations wishing to submit documents or content on an individual basis and reserves the right to refuse individual using parties or documents/content.
2. The following basic principles apply here: Content may only be published on the Daylight Media Server in so far as it complies with the legal regulations and does not impinge upon the rights of third-parties. The using party has full responsibility for ensuring the above. Content that violates the accepted principles of morality may not be published on the Daylight Media Server.
3. The Daylight Media Server is not available to private individuals or suppliers and/or producers of ethically or morally equivocal products or information. The above also applies to companies and/or information involved with or related to the military sphere as well as material, content and/or images that glorify violence, are sexist, racist, discriminatory, offensive, libellous or illegal.
4. The Daylight Media Server is intended as an information platform and has no religious or political affiliations whatsoever. This principle also applies to all documents and information on the Daylight Media Server in that any such content must be devoid of any statements or opinions relating specifically to religion or politics.
5. The publication of content from secondary sources (e.g. press reviews or media reports) on the Daylight Media Server is forbidden.
6. Furthermore, Daylight PR is entitled to reject a publication of documents and/or content if:
- its size exceeds that of the accepted limit,
- its primary intention is to communicate advertising messages via the Daylight Media Server and/or
- it does not comply with the general minimum and/or maximum requirements (see § 11).
§11 Minimum and Maximum Requirements
1. Information published on the Daylight Media server must be such that it is relevant to a current and/or specialist area of interest of the German-speaking (specialist) media, in addition to fulfilling basic requirements in terms of its editorial and technical quality. These requirements correspond to the general needs of journalists who have to be able to use documents as the basis for their work. Any images used must be of printable quality. For this reason, Daylight PR reserves the right to reject individual documents or remove them from the Daylight Media Server if necessary. Daylight PR decides on the appropriateness of the quality standards on a discretionary basis.
2. The quantitative requirements (e.g. the number of press releases etc.) are included in a separate price list for the various service packages.
3. By using the Daylight Media Server, the using party undertakes to publish press releases. In this respect, the using party is responsible for ensuring that his/her last press release is no older than 9 months.
4. The using party is also entitled to include links to external and/or internal content. If the using party assigns the maintenance of his/her content to Daylight PR, the number of links must be restricted to five per document. Daylight PR does not check the relevance of external links and dissociates itself explicitly from any such content (see also §7, para. 2). Should it be determined that the criteria specified under §10 apply to an external link, Daylight PR is entitled to disallow the inclusion of the link.
§12 Contract Duration / Right of Publication / Cancellation
1. The initial period of use for the Daylight Media Server is set at one year. The contract cannot be terminated during this time.
2. In so far as the using party does not terminate the contract four weeks before the respective period of use is due to end, the contract duration is extended by twelve months.
3. As of the second contract year, the using party is, at any time and after giving four weeks notice, entitled to terminate the contract at the end of a specified month.
4. The profile of a using party shall only be activated once it complies fully with the qualitative and quantitative requirements listed under § 11. The actual publication of documents has no influence on the duration of the agreement between Daylight PR and the using party. If the minimum requirements are no longer met due to the removal of one or more documents, these documents must be replaced within ten working days. If no action is taken, Daylight PR is entitled to temporarily deactivate the respective using party’s profile, irrespective of the contract duration. Any such measures shall have no bearing whatsoever on the using party’s obligation to pay the corresponding monthly fees.
5. The right to extraordinary cancellation remains unaffected.
6. The termination of a contract with Daylight PR must be submitted in written form.
§13 Upgrade / Downgrade
1. Once a using party has reserved a service package, he/she has the option to switch to a different package (i.e. an upgrade or downgrade). The following conditions apply in such cases:
a. It is possible to upgrade to a higher-level package at any time within a maximum of seven working days of Daylight PR receiving written notification of the intention to do so.
b. The intention to switch to a lower-level package must also be submitted to Daylight PR in writing and can be realised within a maximum of seven working days. A clean-up fee of €20.00 plus value-added tax is also payable to Daylight PR.
c. As soon as the upgrade or downgrade has been fully completed by Daylight PR and the using party has been informed of this, the monthly fees shall be adjusted accordingly.
§14 Topicality and Correctness of Content
The using party undertakes to check the topicality and correctness of his/her documents on a regular basis and to take any necessary remedial action or issue instructions to that effect.
§15 Copyright
1. The respective using party takes full responsibility for all content in his/her area on the Daylight Media Server. He/she also guarantees the correctness of all documents and undertakes to ensure that he/she owns all of the rights to texts, images and any other content used.
2. The respective using party agrees to make all documents on the Daylight Media Server freely available to the general public.
Dresden, 27th of November 2009
