Terms and Conditions
OneAd GmbH (oneAd.ch)
The following Terms and Conditions apply to the entire business relationship between the customer (client) and oneAd GmbH, unless other agreements have been made in writing. As far as these agreements do not contain any deviating rules, the terms of the contract for work and services apply. (Art. 363 ff. OR).
The contract between the client and oneAd GmbH for the placement of advertisements, advertising or the production of printed matter is only concluded after acceptance by oneAd GmbH. The acceptance takes place a) by transmission of a receipt or order confirmation to the client by e-mail, b) by circuit of the advertisement and/or the advertisement or c) by execution of the pressure order. Any price agreements deviating from the valid price list have only then validity, if these were confirmed by the oneAd GmbH in writing (order confirmation). With orders on calculation third is and remains the client further contracting party and thus with reference to the payment debtor. This applies also to any delay costs (interest, collection costs). oneAd GmbH is not obliged to hand over data, working documents and tools. Unless, this is expressly agreed upon in the contract.
3. Prices and Tariffs
The offered or confirmed prices are, unless otherwise agreed, net prices plus VAT. Changes in advertising tariffs, discounts, service tariffs and VAT shall come into effect immediately, even in the case of ongoing dispositions. The advertiser has the right to withdraw from the contract within 10 days of the announcement of the new price. If the prices of the tariff documentation deviate from the prices published online, the prices published online take precedence.
4. Terms of Payment
The client pays for the advertising by credit card. Payment is made in advance. OneAd GmbH reserves the right: - to make the orders, insertions, productions etc. dependent on a credit check. By placing an order, the client consents to obtaining credit information. - to demand advance payments or the provision of security. - to change the terms of payment, as well as to suspend or discontinue current deliveries, insertions and productions in case of outstanding payments, lack of creditworthiness of the customer or justified suspicion of fraudulent intentions.
5. Editorial contributions
OneAd GmbH does not publish free PR reports and editorial articles. These cannot be made a condition when placing advertisements. Editorial contributions can, however, be submitted by the client in the form and under the conditions of a normal advertisement.
6. Amendment and suspension of advertisements
Changes and suspensions are only possible until the announced change deadline in written form. OneAd GmbH reserves the right to request changes to the content of advertisements at any time or to refuse, suspend or change advertisements without stating reasons.
Defects in production, such as printing errors or technical printing defects, which do not significantly impair the meaning and purpose of the advertisement, do not entitle to a price reduction or to claims for compensation. No liability shall be assumed for advertisements which do not appear to be faultless as a result of unsuitable print documents. This also applies to templates whose quality has been objected to by OneAd GmbH and has not been replaced by faultless templates despite appropriate intervention. A requirement on replacement or price reduction exists only if the advertisement loses its advertising effect by larger lacks in the technical reproduction. Price reductions are granted at most to the extent of the publication costs. Further claims are excluded. Any complaints regarding quality and quantity must be made in writing within 10 days of publication or receipt at the latest, otherwise the delivery or publication shall be deemed accepted.
8. Placement requests
OneAd GmbH determines the placement of advertisements. Placement requests of the client will only be accepted without obligation. The non-appearance of an advertisement, the placement in another place or in another edition as well as the late delivery for technical reasons entitles neither to the refusal of payment nor to the assertion of claims for damages. An exclusion of competition is not possible.
9. Author corrections
Author corrections (subsequent text changes, image changes, changes to the pagination and the like) are not included in the prices offered and will be charged additionally according to the time spent.
10. Reproduction right
DThe reproduction and printing of all templates, samples, products and the like made available to OneAd GmbH by the customer is subject to the condition that the customer owns the corresponding reproduction rights.
11. Reproduction documents, tools
The reproduction documents (photographs, data carriers, etc.) and tools created by OneAd GmbH remain their property.
Data carriers, originals, photographs etc. handed over to OneAd GmbH as well as stored printed matter or other items brought in are treated with the usual care. Further risks have to be borne by the client. OneAd GmbH accepts no responsibility for data supplied by the client (via data carrier or modem) which is incorrect or incomplete in terms of content. Any liability will also be rejected if data supplied cannot be processed or used as standard and qualitative defects in the print product arise as a result. A liability for data losses is not taken over. The liability of OneAd GmbH is limited to errors caused by OneAd GmbH due to gross negligence.
13. Responsibility for content
The client is responsible for the content of the advertisements and advertising. It ensures that its advertisements do not violate trademark and copyright laws as well as the Unfair Competition Act (UWG). In the event of an infringement, he bears full responsibility for any consequences concerning OneAd GmbH. In particular it is obligated to take over all judicial and extrajudicial costs resulting in connection with requirements third. OneAd GmbH does not give any assurances, guarantees or warranties with regard to the correctness, up-to-dateness or completeness of the contents reproduced - not even for those of third parties. OneAd GmbH reserves the right to change texts, images and links or to reject them without giving reasons.
There is no obligation to archive work documents without a written agreement. Storage shall be expressly agreed and shall be at the expense and risk of the Client. The costs for archiving, reprocessing, formatting and output incurred with an agreed storage shall be charged additionally.
15. Delivery periods
Firmly guaranteed delivery dates only apply if the required documents arrive at OneAd GmbH at the agreed time. Agreed delivery periods begin with the day of the receipt of the print documents by OneAd GmbH and end with the day on which the printed matter leaves the print shop. Overruns of the date of delivery and/or non-compliance with the term of delivery, for which the OneAd GmbH does not meet any fault (e.g. operational disturbances, strike, lack of electricity, lack of raw material as well as all cases of higher force), do not entitle the client to withdraw from the contract or to make the OneAd GmbH responsible for the developed damage.
16. Data protection
OneAd GmbH undertakes to comply with the relevant data protection regulations, but cannot guarantee the confidentiality, integrity, authenticity and availability of personal data. Users and customers are aware that personal data can also be accessed in countries that do not have data protection regulations comparable to those in Switzerland. Personal data is stored in electronic form when subscribing to the newsletter, ordering information or offers, or processing orders. Personal data will not be passed on to third party partner companies. Otherwise, the advertiser has the right at any time upon request to inspect the data stored about him and to prohibit its use.
17. Amendment of the General Terms and Conditions
OneAd GmbH reserves the right to change the general Terms and Conditions at any time. Such changes will be notified to the client in an appropriate manner. If the client should be considerably disadvantaged by the change of the Terms and Conditions, then he is entitled to terminate the contract by coming into force of the changed Terms and Conditions. The right of termination expires with the coming into effect of the change.
The placing of an order includes the acceptance of these general Terms and Conditions by the client.
19. Place of jurisdiction and applicable law
The contractual relationship between OneAd GmbH and the client is subject to Swiss law. The exclusive place of jurisdiction for all disputes arising from the business relationship shall be Goldau.
20. Final clause
The invalidity or ineffectiveness of individual provisions of these General Terms and Conditions shall not affect the validity of the remaining provisions. The invalid and/or ineffective provisions shall be replaced by such provisions that come closest to the meaning and purpose of the invalid and/or ineffective provisions in a legally effective manner. The same shall apply in the event of any loopholes in the provision. General Terms and Conditions of Business OneAd GmbH, Version 1.0 Goldau, 1 June 2018.