AGB

General Terms and Conditions (“GTC”) The Schnatterei eU – Publishing Office for Media, Books & PR

I. Effectiveness of the General Terms and Conditions

1. Scope

These General Terms and Conditions (hereinafter also referred to as "GTC") apply exclusively to all business transactions between Die Schnatterei and its customers and clients (hereinafter referred to as "contractual partners").
(hereinafter referred to as "the General Terms and Conditions"), unless expressly stated otherwise below. These General Terms and Conditions form an integral part of every contractual relationship and are
These terms and conditions are binding for all current and future business transactions between the contracting party and Die Schnatterei. This also applies even if no explicit reference is made to them.
Any terms and conditions of the contracting party that conflict with or deviate from these General Terms and Conditions are expressly rejected.
We object to any terms and conditions that deviate from or supplement these General Terms and Conditions, in particular the general terms and conditions of business or purchase of the contractual partner, and are therefore only valid if expressly agreed to in writing.
It will then become part of the contract if this has been expressly confirmed in writing by Die Schnatterei. All formulations are to be understood as gender-neutral and are addressed equally to all genders.
Women, men and legal entities.

2. Amendments and additions

Schnatterei reserves the right to make changes or additions to these Terms and Conditions. If changes or additions are made,
If changes or additions are made, Die Schnatterei will publish them on its website www.dieschnatterei.com and/or notify the contractual partner of such changes or additions in another suitable manner. This will give the contractual partner the opportunity to review the amended or supplemented General Terms and Conditions.
You have the right to object to these terms and conditions within four weeks of their publication/notification. In this case, Die Schnatterei is entitled to terminate the contract prematurely. Continued use after publication of a modified or supplemented version of the terms and conditions is not permitted.
If the objection period expires within four weeks, the new or amended terms and conditions shall be deemed accepted.

3. Product-specific special contractual provisions

These General Terms and Conditions may be amended or supplemented by Die Schnatterei through special contractual provisions for specific products or business units. Unless otherwise stipulated in such special contractual provisions,
These General Terms and Conditions apply subsidiarily.

4. Relationship between individual contracts and the general terms and conditions

Individual contracts with the contracting party consist of the respective order document (e.g., specifications) including any special contractual terms referenced therein, as well as these General Terms and Conditions. In case of discrepancies, the terms of the order document, including any special contractual terms referenced therein, take precedence over the terms of these General Terms and Conditions.
Conditions.

II. General information on individual contracts

1. Conclusion of the contract and commissioning

Unless you have received a customized offer, the following applies: All product descriptions or offers from Die Schnatterei are non-binding and constitute an invitation to the contractual partner to submit an offer. If the contractual partner places an order
By ordering products or services from Die Schnatterei, you are submitting a binding offer to conclude an individual contract. A mere order confirmation does not constitute acceptance of the offer by Die Schnatterei.
It's just chatter.
The individual contract with Die Schnatterei is concluded when Die Schnatterei expressly accepts the offer of the contractual partner and/or fulfills the contractual partner's order by shipping the goods or otherwise makes them available as agreed. For products delivered via data download, acceptance of the contractual partner's purchase offer occurs upon making the data available for download.
Download in the account area of the contractual partner.

2. Prices, price adjustments, shipping costs

Unless otherwise agreed in the order document, that price applies to
The ordered products and services are deemed agreed upon, as derived from the current price lists or other documentation of Die Schnatterei. These prices are exclusive of VAT and
Any applicable customs duties, taxes, and shipping costs are not included. Prices are subject to change before ordering, and errors in input and electronic transmission are excepted. For all individual contracts with recurring payments, the maintenance of the value of the claim plus ancillary claims is expressly agreed upon. The basis for calculating the maintenance of value is the value published monthly by Statistics Austria.
Consumer Price Index (CPI 2015 = 100) or any index replacing it. The index figure calculated for the month in which the contract was concluded serves as the reference value for this contract. For individual contracts with an agreed contract duration of more than three months, the Schnatterei is subject to value adjustment beyond the standard adjustment.
Unilateral price increases are justified in accordance with the cost increases incurred due to tax increases, exchange rate fluctuations or increases in material prices.
Schnatterei is specifically entitled to pass on price increases from partner services to the contractual partner. The price increase will be communicated to the contractual partner one month in advance.
The change will take effect in writing, online, or by email. In the event of a price increase exceeding 5% per year, the contractual partner must respond within 14 days of notification.
In response to the price increase, the customer must declare in writing that they no longer wish to maintain the contractual relationship regarding the provision of the partner service in question.

3. Payment terms, due date

Invoices are due immediately upon receipt without discount and are free of charge within Austria. Die Schnatterei will always issue partial invoices for partial deliveries.
permissible.
Schnatterei only accepts the payment methods displayed to the customer during the ordering process. For payments by direct debit and credit card, the charge is processed on the day of payment.
Invoicing. Payments can only be made to the account specified in the invoice from Die Schnatterei to be considered valid. The invoice amount, including VAT, is due according to...
Invoicing is to be carried out in full even if other payment terms have been expressly agreed upon for the purchase price. In the event of an interruption of performance due to force majeure, Die Schnatterei is entitled to full payment if at least 75% of the agreed order has been completed.

4. Consequences of delay

For a payment to be considered timely, the date the funds are credited to Die Schnatterei's account is decisive. In the event of a payment default by the contractual partner, Die Schnatterei is entitled to suspend its services until [date/timeframe].
Schnatterei is entitled to immediately cease full payment of outstanding invoices. In this case, or for similarly justified reasons, Schnatterei is also entitled to terminate the contract with immediate effect.
explain.
The contractual partner undertakes to pay any dunning and collection expenses incurred in the event of default, insofar as they are necessary and appropriate for the appropriate legal pursuit of the claim.
are to be replaced. In case of late payment, the contractual partner owes the statutory damages for default, in any case default interest and compound interest at a rate of 9.2% per annum. In the event of default, the
The contractual partner is also obligated to reimburse, in addition to default interest, all other procedural and extrajudicial costs of collection, including those of a lawyer.
In case of late payment, all discounts that may have been granted to the contractual partner will be forfeited.
If payment by installments has been agreed upon, the entire outstanding balance becomes due immediately if even one installment is late or not paid in full.
The remaining balance is due immediately. In case of default, Die Schnatterei reserves the right to take possession of the goods delivered under retention of title without withdrawing from the purchase agreement until the
The entire claim, including ancillary costs, is fully covered.

5. Retention of title

Schnatterei retains ownership of the purchased item until the full purchase price has been received.

6. Discount

Customer discounts are only valid with a written agreement. A discount can be applied either immediately upon invoicing or after the end of the contract, upon request and with the consent of Die Schnatterei.
The credit will be issued for the contract period or after a one-year period.

7. Prohibition of set-off

The contractual partner is prohibited from offsetting any claims. Offsetting against counterclaims or withholding payments by the contractual partner for any reason whatsoever is inadmissible.

8. Partial deliveries and partial invoices

Schnatterei is entitled to make partial deliveries and issue partial invoices.

9. Early termination for good cause

In the event of an important reason, the chattering
entitled to terminate the contractual relationship without observing any deadlines and
To terminate appointments prematurely with immediate effect. As an important
This applies in particular to:
a. The breach of a material contractual provision by the contractual partner, in particular in the area of data protection and the securing of data access;
b. The initiation of insolvency proceedings against the assets of the contractual partner or the non-initiation of insolvency proceedings due to a lack of assets to cover costs;
c. Payment default by the contractual partner despite a reminder and the setting of a grace period of 14 days for the settlement of the outstanding payment obligations; as well as
d. Revocation of a direct debit authorization granted by the contractual partner without agreement on an alternative form of payment.
e. Blocking the contracting party's credit card without agreeing on an alternative payment method.

10. Making contact

The contracting party agrees to be contacted by Die Schnatterei by telephone, fax, or email for the purpose of order fulfillment, marketing purposes (namely, surveys), and sales promotion of products and services that are professionally relevant to the contracting party. This consent applies to the contracting party as well as to all its employees and agents. The contracting party undertakes to extend this consent to all employees and agents. This consent may be revoked by the contracting party at any time.
without contradicting the terms and conditions in their entirety.

III. General information on liability and warranty

1. Warranty

The statutory warranty is excluded to the extent permitted by law, in particular with regard to obvious defects (§ 928 ABGB). Insofar as mandatory warranty law applies
Unless otherwise agreed or the warranty exclusion has been waived in the individual contract, the following applies: The warranty period is six months from delivery; the existence of defects must be reported by the customer.
The contractual partner must provide proof; Section 924 of the Austrian Civil Code (ABGB) does not apply; any defects that occur must be reported by the contractual partner immediately, specifically and in writing after delivery, otherwise warranty claims will be forfeited.
In the event of warranty claims, Schnatterei is entitled to...
The buyer may choose the warranty remedy (repair, replacement, price reduction or rescission) themselves; a price reduction or rescission can only be demanded by the contractual partner if the
Improvement and replacement prove impossible, or if Die Schnatterei has not complied with the contractual partner's request, or not within a reasonable timeframe. The right to rescission is
Excluded if the defect is minor. Section 933b of the Austrian Civil Code (ABGB) does not apply to Die Schnatterei as foreman.

2. Liability for damages

Die Schnatterei's liability for damages is limited to cases of intent and gross negligence to the extent permitted by law. In any case, liability is limited to damages typical for this type of contract. Die Schnatterei is not liable for any other damages of any kind, including indirect and consequential damages, in particular lost profits and damages arising from third-party claims. Die Schnatterei's liability for the actions of third parties, including contractual partners and agents, is limited to the extent permitted by law.
Excluded. In particular, Die Schnatterei is not liable for incorrect statements, recommendations, or other information provided by its contractual partners or third parties. Furthermore, Die Schnatterei assumes no responsibility and is not liable for the content of the products, especially not for the formal or substantive accuracy or legality of the statements, texts, images, or information contained therein.

3. Assertion of claims

All warranty claims and claims for damages must be asserted in court within six months of delivery or occurrence of damage, otherwise they are precluded.

4. Responsibility of the contracting party

The contracting party shall indemnify Die Schnatterei against claims by third parties and any disadvantages arising from official or judicial prosecution resulting from the contracting party's conduct within the scope of the
The contractual relationship with Die Schnatterei will result in no damage or complaint.

IV. Data Processing on Behalf

If Die Schnatterei acts as a data processor for the contractual partner under an individual contract, the contractual partner is obligated to sign the Die Schnatterei standard data processing agreement. This can be requested at datenschutz@dieschnatterei.com.

V. Special provisions for specialist content products

1. Specialist content products

Specialist content products include all products that provide access to specialist, sector and industry information, including all specialist journals and ePaper editions of digital specialist, sector and industry information offerings, as well as telecommunications services of Die Schnatterei.

2. Subscription invoices

Unless otherwise stipulated in the individual contract, subscriptions to specialist content products are due for payment in full in advance upon invoicing for the coming year.

3. Subscription duration and cancellation

Unless otherwise agreed, subscriptions to specialist content products have a term of one year (subscription year). The subscription automatically renews for another year at the then-current annual subscription price unless cancelled in writing at least one month before the end of the subscription year. The cancellation will therefore take effect at the end of the current subscription year.

For subscriptions received from abroad, postage costs will be charged separately.
In the absence of a contrary agreement, the contracting party waives the right to terminate the contract for the duration of the first year of service.

4. No liability for content

The specialist content products are created with care and are intended to inform the (specialist) readership, but cannot replace expert decisions in individual cases. Schnatterei provides no guarantee and assumes no liability for the accuracy and completeness of statements and information in specialist content products. Attention is expressly drawn to the limitation of liability and warranty as set forth in Section III of these General Terms and Conditions.
Under no circumstances is Die Schnatterei liable for unlawful, incorrect, or incomplete information or statements made by third parties that are published or made accessible in specialist content products. In particular,
Die Schnatterei is not liable for damages arising from the use of linked information. Furthermore, Die Schnatterei is not liable for any consequences arising from published statements, information, or data.
conclusions drawn.

5. Indemnification by the contractual partner for transmitted content

If the contractual partner submits content for publication in specialist content products, they shall indemnify Die Schnatterei against any third-party claims and any official or judicial proceedings.
Any legal action resulting from the inaccuracy, ambiguity, incompleteness of such content or its unsuitability for the target audience will be completely harmless and without legal recourse.

VI. Special provisions for advertising orders

1. Definition of advertising order

An advertising order is understood to mean any order for a paid publication in any medium of Die Schnatterei, in particular orders for the placement of
Advertisements or texts, as well as the execution of insert orders.

2. Rejection of advertising orders

Schnatterei reserves the right to refuse advertising orders – including individual advertisements within a contract – at its sole discretion, particularly due to their content, origin, or technical format. This also applies if the content violates legal or regulatory prohibitions, contravenes public decency, or if publication is deemed unacceptable for legitimate reasons. In the event of a refusal, the contractual partner has no recourse. The contractual partner will be notified of a refusal.
Informed as soon as possible.

3. Content review of advertising orders

Schnatterei is not obligated to review the content of advertisements, texts, or inserts. The content, including any required labeling according to § 26, is the sole responsibility of Schnatterei.
The contracting party bears full responsibility under media law or other legal provisions. The client guarantees Die Schnatterei and its personnel (employees and assistants) that the
The content submitted by the contracting party for publication must not violate any legal provisions or infringe upon the rights of third parties. The client undertakes to ensure that the publishing office and
to fully indemnify and hold harmless its employees from all third-party claims arising from the published advertisement and to provide full compensation for all resulting disadvantages.
afford.

4. Processing of advertising orders

Advertising orders must be processed within one year. No guarantee is given for placement in specific issues or editions, or at specific locations.
Excluded from this are orders whose validity is expressly made contingent in writing on adherence to specific deadlines or a particular placement. If an advance payment is agreed upon...
If the order has been cancelled, the execution of the order can be postponed until the advance payment is received.

5. Suitability of advertisements and archiving

The contracting party is responsible for the complete delivery of flawless and suitable advertising materials. Die Schnatterei is not liable for delays, whether due to content-related or technical reasons. Die Schnatterei reserves the right to withdraw the publication of the advertisement at any time if there is a legitimate reason. Die Schnatterei is not obligated to retain or archive the advertisement. The contracting party cannot derive any claims against Die Schnatterei from unauthorized linking and/or framing.

6. Nature of digital advertising materials

The contractual partner guarantees (§ 880a 2nd half-sentence ABGB) under the assumption of the obligation to fully indemnify and hold harmless Die Schnatterei, that the equipment provided by him
Advertising materials must be free of malware and viruses, comply with all applicable legal provisions, and not infringe upon the rights of third parties. Any integration of technologies (especially tracking technologies) into digital advertising materials that violate data protection or telecommunications regulations or
other legal provisions require the consent of a recipient of an ad impression or other digital advertising contact, in particular any data protection or
The storage of information in terminal equipment and the collection of information from terminal equipment that requires consent under telecommunications law must be avoided, unless otherwise permitted by law.
A separate written permit was granted for the chatter.
This applies in particular to measures requiring a user's consent under data protection or telecommunications law or other legal provisions for the creation of individualized ad impressions or other individualized advertising contacts. Should the chatter be affected by this, the following applies:
Measures taken by the contractual partner or by Die Schnatterei on behalf of the contractual partner, for whatever legal reason, may be used by third parties.
or are prosecuted by authorities or courts, the contractual partner shall fully indemnify and hold Die Schnatterei harmless.

7. Printing materials

The client is responsible for providing the print materials in a timely manner. In the event of a delay in providing these materials, the order is considered fulfilled if the advertisement is placed using a
other printed materials provided by the contractual partner, or even just the name and address of the contractual partner being included.

8. Changes during the publication period

The Schnatterei can only make changes to the advertisement during the publication period if this is technically and substantively reasonable and possible for the Schnatterei. Changes will be made for a fee based on the effort involved. Changes that would otherwise...
Regarding the identity of the person being reported.

9. Oral changes

Die Schnatterei accepts no liability and provides no guarantee for advertisements placed orally or by telephone, or for changes and cancellations made orally or by telephone.
the correct recording and implementation of the desired change.

10. Proof prints

Proofs will only be supplied upon explicit request. If the client does not return the submitted proof by the advertising deadline, approval for printing will be deemed granted.
Granted. Any complaints must be raised immediately, otherwise claims will be precluded.

11. Changed advertising rates

If advertising rates change, the new pricing conditions will also apply immediately to existing orders, unless a different agreement has been expressly made. Costs for printing plates,
Matrices, drawings, and any reproduction costs are the responsibility of the client. The invoice is due immediately upon receipt.

12. Cancellation policy (for advertisements in print media)

Cancellations for print advertisements are only accepted in writing. No fees will be charged for cancellations made up to five days before the advertising deadline. For cancellations made up to two business days after the deadline, 30% of the order total will be charged. For cancellations made later, the full order total will be charged. The date of receipt by the publisher applies. There is no right of cancellation for advertising orders in online media.

VII. Special provisions for digital services requiring registration (especially Plus Content areas)

1. Protection of access data

The contractual partner is obliged to secure their account with a password.
To protect secure access to databases or online services from third parties, in particular to keep the password secret and not to disclose it.

2. Unauthorized access

Access by natural or legal persons who compete with Die Schnatterei is generally inadmissible, especially insofar as the access is for the purpose of soliciting customers, and does not authorize
The chatter, the assertion of claims for injunctive relief.

3. Access and Copyright

Access to databases or online services is permitted only to the extent expressly specified. Use for purposes other than those expressly specified is prohibited for the contractual partner.
Excluded. The contracting party acknowledges that the form, content, and software used are protected by copyright.

4. Technical Developments

The contracting party acknowledges that content is subject to technical and organizational constraints. With regard to technical or economic developments, Die Schnatterei
entitled to expand or restrict content and partner services at any time.

5. Disruptions, limitations and interruptions

The contracting party acknowledges that, according to the current state of technology, it is not possible to create a completely error-free program, and that it is possible that data and services may not be available.
are available at all times. Schnatterei does not guarantee uninterrupted technical accessibility of digital services, nor that data will be available under all circumstances.
to be saved.
Schnatterei is not liable for any damages incurred by the contractual partner as a result of a disruption, interruption, or loss of stored data. In particular, Schnatterei is not liable for...
Undesirable side effects occurring at the contractual partner's site due to the use of unsuitable software or hardware, disruptions to the communication network, or computer failures at a provider or
This is an online service. No warranty or liability is assumed for programming errors.

6. Blocking access

In the event of a breach of contractual obligations by the contractual partner, as well as in the event of any misuse of services provided by Die Schnatterei, Die Schnatterei is entitled to suspend the contractual partner's access to
to temporarily or permanently block databases or online services; the contractual obligations of the contractual partner remain unaffected by a block, and a claim for reimbursement by the
This does not establish any contractual relationship with the other party. The suspension must be lifted if and to the extent that the reasons for the suspension no longer apply and the other party has paid any applicable reminder fees and default interest.
and has paid a blocking fee. Misuse of services that entitles Die Schnatterei to block access includes, in particular, registration with incorrect registration information, especially...
under a false identity, the use of services for the purpose of competing with Die Schnatterei, as well as the use of services restricted to a professional audience by persons who...
Do not meet registration requirements.

7. Data change

The contracting party will notify Die Schnatterei of any changes to their data, in particular their email address and postal address, using the designated form. This notification will remain valid until received.
For the purposes of this agreement, any transmission by sending to the last email or postal address shall be deemed to have been received by the contractual partner.

8. Additional costs

Schnatterei is entitled to charge for costs incurred due to password changes carried out at the request of a contractual partner.

VIII. Special provisions for market research

1. Market research projects

Market research projects are conducted in accordance with
The professional principles and codes of conduct for market and social research (ADM and ESOMAR) are carried out. Schnatterei does not guarantee that the collected, evaluated, and
The analyzed data can be commercially exploited by the contractual partner in a specific way.
The intellectual property rights to the results remain with Die Schnatterei. Upon full payment of the agreed fee, the contractual partner is entitled to lawful use of the results.
Results for internal company purposes or other expressly agreed purposes. If the contracting party wishes to quote from results, they must identify quotations as such and include the following information:
Schnatterei conducts market research, citing Schnatterei as the source.
All know-how, trade secrets, and intellectual property rights to methods, processes, and technologies used (including software) remain the exclusive property of Die Schnatterei. To the extent that know-how or trade secrets of Die Schnatterei have been disclosed to the contractual partner, the partner is obligated to maintain confidentiality and refrain from using the know-how and trade secrets.

IX. Special provisions regarding data and consulting

1. Licensing and Retention of Title

The chatter does not grant the contractual partner ownership of data (regardless of the method of transmission and storage). The contractual partner acquires a non-exclusive and non-transferable right to the data.
Right to use the product in accordance with the purpose agreed upon in the order document.

2. Multiple uses

Unless otherwise agreed in the order document regarding multiple use, all transmitted addresses or information are intended for single use only.

3. Legal conditions of use

Use is permitted only within the legally allowed framework, in particular in compliance with data protection regulations.

4. Use not covered by the contract

Any use beyond that expressly agreed upon in these General Terms and Conditions is not permitted without the express written consent of Die Schnatterei.
The contractual partner is prohibited from using the data for purposes other than those agreed upon. Any violation entitles the contractual partner to immediate cessation of data transmission. This does not, under any circumstances, give rise to a claim for reimbursement by the contractual partner.

5. Reservation of the right to amend

It is not permitted to modify the received data in any way, either in terms of content or editorial style, or to use modified versions, to copy them for third parties, to make them publicly accessible or forward them, or to distribute them on the internet or other networks, whether for a fee or free of charge.
It is prohibited to copy, reproduce, resell, or use them for commercial purposes. Transferring these rights to third parties is also prohibited.

6. Data currency

Despite constant updates and revisions to the address files, Die Schnatterei does not guarantee that all addresses in the address files are postally correct and suitable for use at the time of transmission.
Each target group is fully represented. Since Die Schnatterei compiles the addresses from public registers, directories, and self-reported information, Die Schnatterei cannot guarantee that a
The addressee is the person for whom they identified themselves during the recording or last update of the addresses, or for whom they were identified by a third party, and whose address data is correct.
Therefore, returns are unavoidable. Checking the validity, deliverability, accuracy, and completeness of address files is not part of Die Schnatterei's scope of services.

7. Counts (Address Quantity)

The number of items delivered to each address is constantly changing due to ongoing address optimization and updates. Over- or under-deliveries of up to 5% compared to the offer are considered normal wear and tear.
as per the contract.

8. Use of telecommunications data

When carrying out telephony projects on behalf of the client, Die Schnatterei acts in the name and on behalf of the client, unless expressly agreed otherwise in writing.
Fax numbers and email addresses may only be used by the contractual partner, as well as by Die Schnatterei acting on its behalf, with the prior consent of the data subject.
Calls or mailings may be used for advertising purposes within the meaning of Section 107 of the German Telecommunications Act (TKG). The legal assessment of whether such consent exists in favor of the contractual partner is the responsibility of the contractual partner.
itself. The Schnatterei will endeavor to provide the contractual partner with the information it has available that is necessary for this review. In the event of unauthorized use by the
The contractual partner, or Die Schnatterei acting on its behalf, shall indemnify Die Schnatterei and its employees and assistants against any claims by third parties and other legal claims.
Disadvantages, including penalties and fines, are fully indemnified and without complaint.

9. Resale

The contracting party is not authorized to make data and information, or parts thereof, such as derivatives thereof, available to third parties in any form, to trade them commercially, or to provide services with them. It is merely clarified in this context that companies affiliated with the customer are also considered such third parties.

10. Control addresses

To verify compliance with the contract, Die Schnatterei integrates control addresses into its databases so that Die Schnatterei can verify any information arising from the processing,
Updating, syndicating, and validating the database may result in identification. In case of a breach of the contractually granted right of use, the contractual partner owes Die Schnatterei
A contractual penalty, not subject to judicial mitigation, in the amount of ten times the invoiced amount for the agreed usage, is payable by the contractual partner. The contractual partner owes this penalty even upon demonstrable breach of contract by using even one of the control addresses from the transmitted addresses. Die Schnatterei expressly reserves the right to assert further claims for damages. The contractual partner hereby acknowledges that
Content sent to control addresses may be disclosed to Die Schnatterei.

11. Marketing purposes

The contracting party declares, in accordance with Section 151 Paragraph 6 of the Trade Regulation Act 1994, that it will use any marketing information, classifications, and analysis results transmitted to it by Die Schnatterei exclusively for its own purposes.
will use it for its own marketing purposes.

13. Costs for data protection and data security

Schnatterei is entitled to separately invoice the costs of special measures that are legally or officially mandated to ensure data protection or data security.

14. Data Sharing

The contractual partner shall refrain from disclosing database content or other information to third parties and shall take all reasonable measures (including organizational measures) to prevent this.
to take measures to ensure the protection of existing copyrights to the content.

15. Intellectual Property

The documentation and query system (collectively, the "database") are the intellectual property of Die Schnatterei. The contracting party undertakes to refrain from any action that could enable it or third parties to imitate the
The query system, the structure of databases, or the formatting of individual content are all protected. In particular, the contracting party is prohibited from transferring the queried data to other databases unless expressly stipulated in the contract. These obligations remain in effect even after the termination of the contractual relationship. The contracting party is prohibited from copying document content. This constitutes a violation of copyright regulations.

All rights of use, exploitation and modification resulting from copyright, database and other intellectual property rights of any kind whatsoever, to any updates,
Corrections, additions, improvements, modifications, changes, adjustments or translations of the database of Die Schnatterei as well as any modified, merged,
All information, lists, or data integrated into or combined with the database of Die Schnatterei, which are created or provided by or on behalf of the contracting party or any third party, or by Die Schnatterei in connection with the provision of services under these Terms and Conditions (collectively, "Modifications"), are hereby exclusively granted to Die Schnatterei. The client hereby assigns all copyrights, database rights, or other intellectual property rights, as well as any rights arising therefrom, to Die Schnatterei.
remitting exploitation and processing rights to all modifications of Die Schnatterei.

16. Materials of the contracting party

Services such as advertising material creation, address verification, printing, assembly, postage optimization, and mail delivery are carried out on behalf of the contracting partner. The shipping material must
The items will be counted and packaged and delivered free of charge. Schnatterei is not obligated to check the quantity. A 4% surcharge should be added upon delivery. Excess shipping materials will be disposed of at the buyer's expense.
returned to the contractual partner or destroyed upon request.

17. Examination of the materials

The contracting party is responsible for ensuring that the content of the delivered material does not violate any legal provisions. In this regard, they shall refrain from any potential complaints.
We are not liable for third-party claims arising from the content of the material.

X. Jurisdiction, applicable law and formal requirements

1. The place of performance for all services is Gänserndorf, Austria.

2. Unless otherwise required by law

Unless otherwise stipulated by the applicable provisions, the competent court in Gänserndorf, Austria, shall be the exclusive place of jurisdiction for all disputes between Die Schnatterei and the contractual partner arising directly or indirectly from the business relationship governed by these General Terms and Conditions. However, Die Schnatterei is also entitled to...
to appeal to another court with jurisdiction over the contractual partner.

3. Schnatterei is entitled to engage subcontractors to provide services.

4. It will be the exclusive applicability

The contract is governed by Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict-of-laws rules of private international law. The contractual, ordering, complaint, and business language is German. All communications, notifications, reminders, deadlines, notices of defects, or other legally relevant declarations by the contractual partner require written confirmation from the other party to be effective.
Written form.

5. In case of ineffectiveness

a provision of these Terms and Conditions, or if these Terms and Conditions
If the terms and conditions contain gaps, the validity of the remaining provisions remains unaffected. The invalid clause will be replaced by mutual agreement with one that most closely reflects the economic intent of the original clause.
the clause that most closely approximates the ineffective clause. The same applies in the case of a regulatory gap.

6. There are no oral side agreements.

All agreements, amendments, changes, additions, and side agreements
etc. require written form to be valid. This also applies to any deviation from the written form requirement.

7. The contracting party must immediately notify the other party of any changes to its address.

to be communicated in writing. Documents are deemed to have been received by the contractual partner when they have been sent to their last known address or email address.

As of January 2025