for press mailing
§ 1. Basics
(a) BRANDCONTRAST sends press releases to a number of Internet press portals and Internet service providers on behalf of their customers at a price previously agreed in writing. The dispatch is partially automated.
(b) The contractual relationship comes about through a written application by the customer, whereby placing an order by email also counts as official confirmation. By placing an order, the customer agrees to these terms and conditions.
§ 2. Service description
(a) BRANDCONTRAST sends the customer’s texts and images as press releases to certain Internet portals, such as press portals, news directories and RSS directories. The shipment takes place via a technical partner. The agreed price refers to the service of the dispatch, a publication is not guaranteed. Certain portals reserve the right to check the texts in advance and publish them.
(b) Press releases are transmitted by us in plain text format. The texts must not contain any special characters from other programs or other languages. These characters cannot be correctly interpreted by most Internet sites.
(c) The press releases are prepared by our technical partner in such a way that they meet the portal’s respective setting criteria. This may include replacing or removing non-permitted special characters and paragraphs, converting texts into other character sets and character formats, or transmitting message data and contact data separately or together.
(d) The publication of the press release via BRANDCONTRAST is at your own risk. The publication of the press release on the respective portals cannot be reversed by BRANDCONTRAST. Press releases cannot be changed after they have been sent. Some portals offer the possibility to make changes for a fee. In case of need, the customer must contact the respective portals himself.
§ 3. Customer obligations
(a) The customer is obliged to comply with all legal regulations, in particular those that restrict the distribution of content and all data protection regulations. The customer is obliged to check the texts and content to be published for violations of the law and must ensure that third parties are not harmed, their honor violated, insulted or denigrated.
(b) The customer exempts BRANDCONTRAST from any third-party claims that result from the transfer of data or from a violation of the obligations mentioned under a) BRANDCONTRAST is not liable for texts published by the customer.
§ 4. Usage fees and terms of payment
(a) A previously agreed fee is paid by the customer to BRANDCONTRAST for sending the press releases. All amounts are exclusive of statutory value-added tax. The invoice will be sent to the customer by e-mail or post after the service has been rendered. The invoice must be paid on time and without deductions.
(b) Objections to invoices must be made in writing within 7 days of receipt. Thereafter, the invoice and the amounts contained therein are deemed to have been accepted.
(c) BRANDCONTRAST reserves the right to adjust prices. These will be communicated in any case before the order is placed. The previously agreed, written price always applies to the customer.
§ 5. Liability
(a) BRANDCONTRAST is liable for the loss of data and programs and their recovery only insofar as this loss could not have been avoided with reasonable effort by appropriate precautionary measures of the customer, in particular a daily backup to restore the data in the event of loss.
(b) BRANDCONTRAST is not liable for misuse, fraud or other business-damaging activities of the customer, his business partners or third parties or the associated consequential damage.
(c) BRANDCONTRAST is not liable for disruptions and failures of the services due to force majeure (war, strike, riot, environmental disasters, legal requirements or political events, etc.) or other circumstances unavoidable by PR online, such as disruptions of cable connections on the Internet or external attacks.
(d) According to the current state of knowledge, the multiple distribution of a press release by search engine operators such as Google is not considered duplicate content and thus negative. However, if there are changes here, BRANDCONTRAST is not liable for any penalties in the ranking of a website. The customer is aware that he creates duplicate content by the same texts on different portals.
§ 6. Use of data and privacy
(a) BRANDCONTRAST undertakes to treat the names or e-mail addresses of customers and users confidentially and to use them exclusively to fulfill the contractually agreed services. This applies in particular to the transmission and forwarding of data to the portals and service providers intended for publication. BRANDCONTRAST assumes no liability for compliance with the data protection regulations by the cooperation partners.
(b) Specification as a reference: Unless otherwise agreed, BRANDCONTRAST has the right to use the customer’s name and logo as a reference for advertising purposes.
§ 7. Other regulations
(a) For all disputes arising from these GTC, the competent court at the registered office of BRANDCONTRAST is agreed, provided that the customer is a merchant.
(b) Should individual provisions of these GTC be or become invalid, the remaining GTC shall remain legally valid. The invalid provision shall be replaced by a legally effective provision that comes closest to the economic purpose of the invalid provision. The same applies to gaps in these GTC.
By accepting an order, you accept these General Terms and Conditions.