GTC General Terms and Conditions LogistikNachrichten.de (as at: February 2024)

§ 1 General provisions

1.1 Partner of the contract
On the basis of these General Terms and Conditions (GTC), a contract is concluded between the customer and Logistics Publishing Limited, with registered office at: Unit 3D North Point House, North Point Business Park, New Mallow Road, T23 AT2P Cork, Ireland, hereinafter referred to as the Service Provider.

1.2 Service Provider’s press law status
LogistikNachrichten.de is a press entity of Logistics Publishing Limited.

§ 2 Digital Services

2.1 SEO articles for rentals

Through the portal: LogistikNachrichten.de, the Service Provider offers the Client the opportunity to publish articles on logistics topics for a fee. The Service Provider reserves the right to refuse the interested party without giving reasons.

Placement fees apply to one client only. Corporate groups and PR or marketing agencies may not use placements for multiple uses for their subsidiaries or various assignments without our consent. In the above situations, an individual quotation is required. The service is invoiced in English as Digital Services – Publishing Rights.
The Service Provider’s right to adjust prices regularly remains unaffected. Due to the high demand for our services, we cannot exclude the possibility of adjusting package prices at intervals at our discretion. Customers have the option to enter into an individual fixed-price contract for more than one year. The right to extraordinary cancellation also remains intact.

§2.2 Client content in SEO article

The client’s company is published with a backlink in an already SEO-optimized specialized article for a fee. The placement is done in close consultation with the client and the editorial team, in accordance with the text of the article. There is no claim to exclusivity in the article. Other companies, even in the same market sector, may also be linked in the article. The client does not have the right to make additional or subsequent changes once the client’s name and backlinks are included in the article. This is the journalistic responsibility of the editorial team.
SEO articles SEO article rental package includes a name with a backlink in the SEO article section for a single article and up to 4 sentences (max 80 words) agreed with the client. Time for article placement counts only after payment is received. The keyword rental contract is concluded for an indefinite period of time and will be sent to the client for signature after the order is placed.
SEO ranking is valid at the time of the contract and can change at any time, as search engine providers regularly keep their algorithms secret. The provider assumes no responsibility for the SEO ranking chosen. The risk is borne solely by the customer. When placing an order, the customer informs us of the desired SEO article to be placed.

The Service Provider and the client can conduct a QBR (quarterly business review) to check the SEO ranking of the rented articles.
For all of the above packages, the SEO ranking is valid at the time of contract conclusion and is subject to change at any time. The provider assumes no responsibility for the SEO ranking selected. The risk is borne solely by the customer. When placing an order, the client shall inform us of the desired SEO article to be placed. The contract for the keyword rental package is concluded for an indefinite period of time and is sent to the client for signature after the order is placed. Upon termination of the contract, the client’s content will be removed from the SEO article.

2.4 Editorial decision

The final decision on the publication of an article remains with the Service Provider.
In particular, the Service Provider is entitled to refuse to publish an article or several articles at its discretion. This applies in particular if the content violates the law, if its content has been challenged by the German Advertising or Press Council as part of a complaint procedure, or if its publication is unreasonable for the provider due to its content, origin or technical form, if the format or presentation of the content gives the reader the impression that it is part of the LogistikNachrichten.de website or the provider’s own website, contains third-party advertising or simply contradicts the presentation and purpose of the „LogistikNachrichten.de“ portal. The customer will be notified of the rejection of the order immediately after reviewing the content in question. Content contrary to these provisions may also be removed from the offer of the „LogistikNachrichten.de“ portal.

2.5 Rules on backlinks

The article is published on the website: LogistikNachrichten.de. The publication is accompanied by a notice that the client is solely responsible for the content of the article. The publication will be linked to the client’s website using the provided link. We accept a link to the first page of the client’s website, to a dedicated product or contact landing page. For SEO reasons, the link must not contain any references or features related to marketing campaigns. The provider guarantees that published articles will remain online for up to 1 year, depending on the placement fee purchased. The time measurement point is considered to be the date of the invoice. In order for the customer to continue posting the article, the contract is renewed with the payment of the invoice for the next billing period.

2.6 Commercial customers

The offer is addressed exclusively to companies and commercial users with a valid EU VAT identification number. By submitting an offer to conclude a usage agreement, the customer confirms that he or she is in no way a consumer within the meaning of the Commercial Code.

§ 3 Contract conclusion

The contract between the customer and the Service Provider is concluded jointly by
a.) placing an online order on the Service Provider’s website: https://www.LogistikNachrichten.de/. Without the correct entry of the VAT identification number (e.g. EU VAT number in Poland), the contract is not concluded.
b.) The customer accepts the Service Provider’s general terms and conditions,
c.) payment of the fee due,
d.) acceptance by the provider. Acceptance by the provider occurs at the latest when access to the service subject to payment is made available.
e.) Submission by the customer of a statement that he is the sole owner of the copyright to the article and photos to be published.

4.1 PDF Invoice

Payment is made only in advance by bank transfer upon receipt of the invoice. Invoices are sent only in PDF format via email.

4.2 Payment term

The invoice amount must be transferred in advance to the Service Provider’s account indicated on the invoice, which includes all bank transfer details and is sent by the Service Provider via email. The customer is obliged to pay or transfer the stated amount to the account indicated on the invoice within 10 days of receipt of the invoice.

4.3 Non-payment

If the user fails to meet his payment obligations, the provider is entitled, subject to further claims, to block the user’s access to paid services as long as payment is not made.

§ 5 Warranty

5.1 The Provider provides the LogistikNachrichten.de online service and posts the ordered publications therein. Unless expressly stated in the description of the Service in accordance with § 2 of these General Terms and Conditions, the Provider does not make any specific assurances regarding the functionality and availability of the online service, nor does it accept any warranties in this regard. In particular, the Provider makes no assurances regarding the content of the Service or regarding specific functionalities of the Service or its reliability, availability or suitability of the Service for the purposes that the Customer wishes to pursue with the Online Service. The Service is provided in its current form.

5.2 The warranty for defects is limited to six (6) months.

5.3 The Service Provider shall have the right to choose between repair and replacement in the event of subsequent performance. As a rule, subsequent fulfillment will be in the form of a credit note for one or more publications. This does not apply in the case of gross negligence or willful misconduct by the provider, its representatives or vicarious agents.

5.4 Cloud solution

The Service Provider guarantees the correct technical functionality of the online service. The online service is operated by the Service Provider on the ISP’s hosting servers in Poland. In case of temporary loss of service due to malfunction or failure of the third-party provider’s servers, the Provider shall be indemnified.

5.5 Technical requirements
The Customer is responsible for providing the technical requirements for the correct and error-free reception, downloading and visualization of the data provided by the Provider under the Service. It is hereby expressly stated that the Customer must ensure that its technical requirements (e.g., correct email address, no activation of SPAM filters or junk mail filters) are met and guaranteed before placing an order. The service provider recommends using the latest version of the following browsers: „Internet Explorer, Mozilla Firefox, Chrome, Opera, Safari“ The Service Provider expressly points out that the email address of the sender of the @LogistikNachrichten.de Domain or must be listed or whitelisted by the Client in order for emails sent by the Service Provider to be properly received and viewed. The online service has been prepared for PCs, tablets and smartphones. Correct display on other types of mobile devices may vary due to different updates.

5.6 In all other matters, the statutory provisions apply.

§ 6 Withdrawal from the contract
The right of withdrawal is excluded.

§ 7 Liability

The Service Provider shall be liable for losses or damages incurred by the Customer as a result of the use of the LogistikNachrichten.de Internet portal – regardless of the legal basis – only if the damage was caused intentionally or due to gross negligence on the part of the Service Provider’s legal representatives or deputies, or if a cardinal obligation (contractual obligations, the fulfillment of which is necessary for the proper performance of the contract and the observance of which the contractual partner can regularly rely on, the violation of which on the other hand threatens the achievement of the purpose of the contract) was violated due to slight negligence. The Service Provider is liable only for foreseeable damages. Liability for indirect damages, in particular consequential damages, unforeseeable or unusual damages and loss of profit is excluded. The same applies to incidental damages and force majeure. The Service Provider’s liability for personal injury remains unaffected by this exclusion and limitation of liability. The Service Provider’s liability is otherwise excluded.§ 8 Copyright protection

8.1 Ownership

If the customer orders the publication of his own content, he expressly declares that he owns the copyright. The customer shall indemnify the Service Provider from any liability for copyright.

8.2 Customer’s declaration

The provider shall make an appropriate statement to the Client if it prepares materials for the Client for publication on LogistikNachrichten.de.

8.3 Copyright validity
Unless regulated herein, copyright protection shall be governed by the German Copyright Act.

§ 9 Data protection

9.1 Legal situation according to EU-DSGVO
Personal data is collected in accordance with statutory provisions. In particular, in accordance with the REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (EU) 2016/679 of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation), RODO.

9.2 Obligation to consent The Service Provider shall not transfer any of the customer’s personal data to third parties unless it is legally obligated to do so or the customer has given its express consent in advance. The customer expressly agrees that the Service Provider may collect and use the customer’s personal data beyond the purpose of the contract for the following purposes: – for its own marketing purposes; – for reference purposes.

9.3 Reference to third party providers / use of Google Analytics.
Provider uses Google Analytics, a web analytics service of Google Inc („Google“) 1600 Amphitheatre Parkway, Mountain View, Ca 94043, USA. Google Analytics uses so-called „cookies,“ text files that are stored on the user’s computer of the provider’s website and that enable analysis of the use of the provider’s website. No personal data of the website visitor is collected in the process. The information generated by the cookie about the use of the website is usually sent to a Google server in the US and stored there. However, if IP anonymization is activated on this website, your IP address will generally be abbreviated by Google in member states of the European Union or other signatory states of the Agreement on the European Economic Area. The storage of cookies can be prevented by setting your browser software accordingly.

The provider notes that in such a case not all functions of this website can be used to their full extent. Another way to prevent the collection of data generated by cookies and related to the use of the website (including IP address) to Google and the processing of this data by Google may be to download and install a browser plug-in at the following link: (http://tools.google.com/dlpage/gaoptout?hl=de). The provider notes that more information on the function of cookies can be obtained by using the following Google Inc. service: https://www.google.de/intl/en/policies/technologies/cookies/.

9.4 Customer consent to provide reference data

With the customer’s consent, the service provider is authorized to provide the customer’s name for reference purposes. Details of the company name, company headquarters and company logo may be published. The customer’s consent is granted by online consent via the opt-in field provided.

§ 10 Prohibition of assignment and pledging

The customer’s claims or rights against the service provider may not be assigned or pledged without the service provider’s consent, unless the customer demonstrates a legitimate interest in the assignment or pledge.

§ 11 Language, place of jurisdiction and applicable law

The platform is available to business customers in the EU and outside the EU in accordance with EU law. Disputes arising from the contract shall be governed by German law in the regional jurisdiction of Hamburg. The English version of the agreement applies to publications on LogistikNachrichten.de.

§ 12 Severability Clause

The invalidity of one of the provisions of these GTCs shall not affect the validity of the remaining provisions of the GTCs.

§ 13 Implementation of the ODR Directive

Online Dispute Resolution in accordance with Article 14 (1) of the ODR Regulation, the European Commission provides an online dispute resolution (OS) platform, which can be found at ec.europa.eu/consumers/odr/.

 

 

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