Business purpose
publuence GmbH (hereinafter publuence GmbH) operates a marketplace on the Internet (hereinafter publuence), which enables participants to conclude transactions with each other. Participants with advertising intentions (hereinafter referred to as advertisers) meet participants with marketing intentions (hereinafter referred to as publishers).
§ 1 Validity
publuence GmbH delivers exclusively in accordance with the following General Terms and Conditions. General terms and conditions of participants that conflict with or deviate from the following provisions shall not apply. Deviations from these General Terms and Conditions, supplementary agreements and collateral agreements require the express written confirmation of publuence GmbH.
§ 2 Participants
Participants are natural or legal persons or partnerships with legal capacity who trade on publuence for commercial, self-employed or freelance purposes. Participation requires the participant to be 18 years of age and have full legal capacity. By submitting the registration form, the participant declares that he/she is an entrepreneur within the meaning of § 14 BGB (German Civil Code) and has unlimited legal capacity.
§ 3 Storage option and access to contract text
You can easily archive this information by either downloading and/or printing the GTC. You can find the current version of the GTC at www.publuence.com/en/gtc.
§ 4 Registration and access
(1) To participate, you must register via publuence, providing only your surname, first name, e-mail address and password. The password must be protected and treated confidentially.
(2) After verification, participants receive direct access and must provide further information to complete their profile. In the course of registration, the terms and conditions as well as the data protection guidelines must be accepted, otherwise registration will not take place. The participant must provide complete and truthful information and ensure that it is up to date. Only one registration per participant is permitted.
(3) By registering, the participant makes a binding offer to use publuence, whereby this does not constitute a guarantee of cooperation. publuence GmbH may refuse or terminate participation without giving reasons. In addition, accounts may be blocked or deleted in the event of inactivity or incomplete verification. The participant agrees to receive notification e-mails that serve to process transactions via publuence, but do not have any advertising content.
§ 5 Deadlines
(1) The response deadlines for the publication of advertorials are set by the Publishers and are visible to Advertisers in the Marketplace. Advertisers have the opportunity to view these deadlines before booking and to make a binding booking on this basis.
(2) The response deadlines specified by the Publisher are binding, but may vary depending on the type of booking. If the Publisher does not respond within the specified period, the booking request will be automatically cancelled by the system. However, the Publisher reserves the right to explain any delays, e.g. due to public holidays or weekends, via the messaging system and to inform the Advertiser.
(3) The deadlines vary depending on the type of service:
§ 6 Contractual conditions for the use of publuence
(1) Contracts on the publuence platform can currently only be concluded in German and English. The contractual partner for participation in publuence is publuence GmbH, Managing Director Cevahir Ejder, at the time of registration. A contract between the advertiser and publisher is concluded when the publisher accepts the booking via the publuence platform. In this case, publuence GmbH acts as the publisher’s representative with power of attorney to conclude the contract. Publishers grant publuence GmbH a corresponding power of attorney. As the closing agent, publuence GmbH accepts the offer in the name and for the account of the Publisher, but is not itself authorised or obliged to conclude the basic transaction between Advertiser and Publisher.
(2) After accepting a booking, a Publisher undertakes to provide the agreed services properly and in accordance with the contract.
(3) The Advertiser is obliged to accept the services properly provided by the Publisher and to pay the agreed remuneration.
(4) The parties to the booking processing contract shall be bound by the deadlines specified in Section 5. In the event of non-compliance with these deadlines, the contractual partners hereby declare their agreement with the consequences of Section 5.2.
(5) Publishers shall allow the employees of publuence GmbH to contact them directly and personally by e-mail or telephone in order to make booking enquiries and carry out bookings.
§ 7 Obligations of the Advertiser
(1) The advertiser carries out its bookings on publuence exclusively via the booking options provided by publuence.
(2) If the Advertiser delivers its own content to the Publisher, it is assumed that this is unique content. The advertiser is prohibited from reusing previously published texts via publuence.
(3) The advertiser is obliged to ensure that a briefing for the creation of an article by the publisher is complete and comprehensible. Any queries via the internal messaging system must be responded to promptly.
(4) Abuse and sanctions
(5) Booking content and legal responsibility
(6) Infringements and consequences
§ 8 Obligations of the Publisher
(1) Publishers carry out their bookings on publuence exclusively via the options provided by publuence GmbH.
(2) If the advertiser orders individual content from the publisher via publuence GmbH, it is assumed that the publisher creates unique content. The Publisher is prohibited from offering an already published article again. If a violation becomes known, publuence reserves the right to exclude the publisher from the platform and, if necessary, to assert legal claims.
(3) The attempt or implementation to use publuence as an acquisition tool to gain direct contacts to advertisers with the aim of executing bookings outside publuence shall result in the immediate and unannounced blocking of the publisher.
(4) If violations become known, publuence reserves the right to assert legal claims. Existing credit balances of the Publisher may be retained for offsetting. Any outstanding amounts can also be claimed by publuence GmbH using legal means. In addition, a contractual penalty amounting to five times the order value shall be due. Should a statutory claim for damages be asserted, any contractual penalty already imposed shall be offset against the damages asserted.
(5) Queries from Publishers to Advertisers in connection with a booking must be formulated unambiguously.
(6) Publishers must ensure that the content they create does not violate the rights of third parties (in particular trademark, copyright, usage and data protection rights) and does not violate applicable competition law. In particular, the articles may not contain any content that glorifies violence, is racist, defamatory, infringes personal rights or is illegal.
(7) The Publisher undertakes not to remove the Advertiser’s bookings from its media arbitrarily and at its own discretion. The Publisher undertakes to publish the content and the link(s) contained therein in its media for a period of at least twelve months (12 months). In the event of deactivation or cancellation of a booking before the expiry of twelve months, publuence GmbH may reclaim marketing fees already paid. A reclaim shall only be made if the deactivation or cancellation of the booking was caused by the publisher. The publisher is not at fault if the publisher has completely discontinued the corresponding medium. publuence reserves the right to check in individual cases whether the deactivation or cancellation was due to no fault of the publisher. The same applies to a change in the content by the publisher.
(8) Violations of the GTC shall lead to the exclusion of the Publisher. In order to safeguard legal claims, violations can be documented in the form of screenshots.
(9) If the publisher receives a warning regarding a media file sent by the advertiser, such as images, videos, etc., this must be reported to publuence GmbH immediately. publuence will contact the advertiser and discuss the acceptance of the warning and the legal consequences with the advertiser.
§ 9 Message system
The internal messaging system on the publuence platform is used exclusively for the processing of bookings and communication in connection with the booked services. Participants are prohibited from using the messaging system for the transmission of spam, advertising, unsolicited offers or other content that is not directly related to the processing of bookings or the services booked.
Participants who violate these regulations by sending unsolicited commercial content, spam messages or other content unrelated to the order can be excluded from using the messaging system at any time and their access to the platform can be temporarily or permanently blocked. publuence GmbH reserves the right to punish such violations without prior notice.
In the event of an offence, affected participants can inform publuence GmbH immediately via the appropriate channels. Upon receipt of such a report, the incident will be investigated and, if the offence is confirmed, the participant concerned will be blocked in accordance with publuence GmbH’s internal guidelines.
§ 10 Correction runs
Advertisers and publishers can communicate with each other via publuence’s internal messaging system and agree any necessary corrections as part of the booking process.
(1) Correction requests of the advertiser
An advertiser has the right to request corrections to the service provided if it does not correspond to the agreed booking. Correction requests should be formulated as precisely and in as much detail as possible in order to ensure effective and speedy processing by the Publisher. Unclear or vague formulations can lead to inefficient correction loops and cause unnecessary delays.
(2) Binding nature of correction requests
Correction requests by the Advertiser are binding for the Publisher if the service provided deviates from the booking agreement.
(3) Dispute resolution by publuence GmbH
In the event of disputes between Advertiser and Publisher, publuence GmbH shall be called in to reach a decision. It is sufficient for one of the contracting parties to contact publuence GmbH. publuence GmbH will examine the facts of the case and make a final decision that is binding for both parties. In doing so, publuence GmbH shall take into account all relevant aspects of the booking process, the message dialogue and the service result provided.
§ 11 Content, copyrights and rights of use
Each participant who creates and/or transmits content to another participant (advertiser to publisher and publisher to advertiser) grants the other party an exclusive right of use, unlimited in time and space, to the content supplied for use on the website booked in each case. Any other use of the content is not permitted.
(1) Unique content
Publishers and advertisers undertake to publuence GmbH and to each other to deliver or create unique content. Neither party may use and/or distribute the same content more than once. In the event of violations, it will be checked whether rights of use, copyrights or these General Terms and Conditions (GTC) have been violated. Legal claims may be asserted in this case.
(2) Text, image and video to participants
Participants who provide content to another participant as part of a booking process must ensure that their content does not infringe any third-party rights, in particular name, trademark, copyright, usage or data protection rights. The content must not glorify violence, be racist, defamatory, violate personal rights or be illegal in any other way.
(3) Text, image and video to publuence
Participants who upload and store content on the publuence platform guarantee that their content does not infringe any third-party rights, in particular no rights to names, trademarks, copyrights, rights of use or data protection rights. The content must not glorify violence, be racist, defamatory, violate personal rights or be illegal.
(4) Violations and exclusion
Violations of the above provisions may lead to the exclusion of the participant from the platform. In order to safeguard legal claims, publuence may document and secure violations by screenshots or other suitable means.
§ 12 Quality management and monitoring
(1) Checking the websites:
Publishers agree that publuence GmbH will check registered websites for relevance and quality before they are approved for authorisation on the publuence platform. If the websites meet the specified criteria, they are approved by publuence GmbH and are henceforth visible and bookable in the marketplace for advertisers. If the websites do not fulfil the criteria, they will be rejected.
(2) Verification and deactivation of accounts:
publuence GmbH is authorised at any time to check the registered and activated accounts of Advertisers and Publishers and, if necessary, to deactivate them if the information provided on the company name, address and tax information is incorrect or no longer up to date.
(3) Quality control of content:
Participants agree that publuence GmbH may subject submitted or created texts to quality control in order to ensure compliance with publuence’s standards and requirements.
(4) No obligation to check content:
There is no entitlement to a control of the content of texts by publuence GmbH. However, publuence GmbH is free to check the content and to be informed about it if this is necessary to ensure quality or to comply with the platform guidelines.
(5) Exclusion of liability for content:
publuence GmbH carries out a control of the content independently and under its own direction. However, publuence GmbH accepts no liability for the content, scope or result of the content checked. The responsibility for the content lies solely with the respective publisher or advertiser.
§ 13 Authorisation and verification of websites
(1) Before websites are admitted to the publuence marketplace, they are checked by publuence GmbH for relevance and quality. If the websites fulfil the criteria, they are accepted, otherwise they are rejected. Publishers have the option of re-registering rejected websites after a period of three months. There is no entitlement to a justification of the rejection on the part of publuence GmbH.
(2) Obligation to maintain the websites:
Publishers undertake to ensure the long-term existence of the websites they offer on publuence. The minimum duration of an article on the website is 12 months, whereby a longer availability of the article is desired. No websites may be offered that were created solely for a short-term purpose, such as the marketing of advertorials.
(3) Exclusion for unavailability of websites:
Publishers whose websites are frequently unavailable or can no longer be found on the web must expect to be excluded from the publuence marketplace.
§ 14 Conditions, remuneration and method of payment
(1) Registration as a participant on the publuence platform is free of charge. The conditions for marketing by publishers can be viewed in the current overview at www.publuence.com/konditionen.
(2) Publishers specify a non-negotiable fixed price for the publication of content and for additional services such as traffic packages, which is publicly displayed in the marketplace.
(3) For the execution of bookings, advertisers must pay for the booking directly using the payment methods provided (e.g. credit card, PayPal, invoice). An advertiser’s top-up credit can only be refunded if the advertiser cancels the cooperation with publuence. If the advertiser has ongoing bookings, the remaining credit will only be paid out after all open bookings have been completed. The credit balance is always paid out in the form of a statement as a credit note.
(4) With the direct payment in the booking process, publuence GmbH ensures a guaranteed payment to the publisher. The advertiser pays publuence GmbH in advance for all bookings made, whereby the payment is deemed to be debt-discharging. Payment for bookings is made via the available payment methods such as PayPal, credit card or bank transfer. The advertiser will not be charged any fees arising from payments by PayPal or credit card. Payments via PayPal or credit card enable an immediate booking. Payments via bank transfer require the actual receipt of money in the publuence GmbH bank account.
(5) Publishers maintain a credit account to which the revenues they generate via publuence, less the publuence commission share, are credited. The amount of the share can be viewed in the current overview at www.publuence.com/konditionen.
(6)
The publisher’s credit balance is automatically paid out on a monthly basis. At the end of the month, a credit note is created for this purpose, which is automatically transferred by bank transfer within 14 days of the credit note date. Publishers are responsible for the tax processing of their income. Payments are made by bank transfer. The bank account must be specified by the publisher in their participant account.
§ 15 Contract term and cancellation
(1) Participation on publuence is open-ended. Participants can cancel their participation at any time via their participant account. Cancellation can optionally also be made by e-mail, whereupon an employee of publuence GmbH will delete the participant account.
(2) Advertisers who have not used their participant account within the last 12 months may be cancelled by publuence GmbH. In addition, publuence GmbH is entitled to terminate the contract with an advertiser at any time with a notice period of 30 days to the end of the month. The cancellation can be made by e-mail.
(3) Publishers who have not used their subscriber account within the last 12 months may also be cancelled by publuence GmbH. In this case, publuence GmbH may also terminate the contract with the publisher at any time with a notice period of 30 days to the end of the month. The cancellation can be made by e-mail.
(4) Cancellation by publuence GmbH shall be carried out taking into account current bookings.
(5) The right to terminate for good cause remains unaffected for publuence GmbH and the participant. In particular, publuence GmbH reserves the right to terminate the participant without notice in the event of serious violations of the General Terms and Conditions or legal violations.
§ 16 Terms of Content Booking
(1) Bookings made by advertisers must be maintained by the publisher for a period of at least twelve months. Ideally, these bookings should remain permanently available on the websites.
(2) However, it can happen that media offered on publuence are no longer operated and switched off for various unforeseen reasons.
(3) The Advertiser must expect that websites may be switched off and that in this case the booked content, including the links, can no longer be accessed. The Advertiser is not entitled to a refund of payments to publuence GmbH or the Publisher. However, a possible claim of the advertiser against the publisher may exist under the conditions of § 9 if a deactivation or the cancellation of a booking occurs before the expiry of twelve months due to the fault of the publisher.
(4) publuence GmbH does not monitor the duration of the published content on the publisher’s website. However, should an advertiser discover and report a violation of the duration regulations, publuence GmbH will take action to exclude less reliable publishers as far as possible and to clarify any refunds that may arise.
(5) Should it occur that a publisher repeatedly switches off or deactivates its media, publuence GmbH will examine the facts and, if necessary, exclude the publisher and its websites.
§ 17 Liability
(1) Exclusion of liability for business transactions
publuence GmbH does not guarantee the conclusion of business contracts or the generation of sales via the publuence marketplace.
(2) Exclusion of liability for simple or slight negligence
publuence GmbH excludes its liability for breaches of duty by its representatives, employees and vicarious agents which are based on simple or slight negligence, unless it concerns the breach of essential contractual obligations (so-called cardinal obligations), damage resulting from injury to life, limb or health or claims under the Product Liability Act. Material contractual obligations are those whose fulfilment is essential for the proper performance of the contract and on whose fulfilment the contracting parties may rely.
(3) Liability for damage caused by technical faults
publuence GmbH shall not be liable for damage caused by errors, delays or interruptions in transmission, incorrect content, loss or deletion of data, viruses or in any other way during the use of publuence, unless such damage was caused by publuence GmbH intentionally or through gross negligence. In particular, publuence GmbH does not guarantee that access to publuence is guaranteed at certain times or without interruptions.
(4) Liability for content and media
publuence GmbH accepts no liability for the accuracy, quality, completeness, reliability, nature and quality or credibility of the content and websites on publuence. The responsibility for content and media posted by third parties (participants) lies exclusively with the respective participants. Likewise, publuence GmbH accepts no liability for the content of websites offered via the publuence marketplace. The participant agrees to use the content provided on publuence at his own risk, to rely on this content at his own risk and not to assert any warranty claims against publuence GmbH. The participant undertakes to indemnify publuence GmbH against all liability claims arising from damage caused by the infringement of trademark, name, copyright or usage rights of third parties or other rights.
(5) Liability for force majeure
publuence GmbH is not liable for damages caused by force majeure.
(6) Responsibility of the participants
Participants are obliged to comply with the applicable laws when using the platform. Each participant is solely responsible for ensuring that the content on their websites and the manner in which it is published are lawful. publuence GmbH merely serves as an intermediary between advertisers and publishers and assumes no responsibility for the content published on the website or the manner of its publication.
(7) Liability for content provided by the participant
publuence GmbH accepts no liability for content, such as content, images, videos, which are made available as part of a booking or by other participants. No third-party rights may be violated, in particular no trademark, name, copyright, usage or data protection rights. The content may not contain any content that glorifies violence, is racist, defamatory, infringes personal rights or is otherwise illegal.
(8) Recommendation for legal advice
publuence GmbH recommends seeking legal advice in case of doubt. In particular, attention is drawn to compliance with competition law.
§ 18 Subject to change
publuence GmbH reserves the right to amend these terms and conditions at any time with effect for the future. In the event of changes, the participant will be notified by e-mail, stating the effective date of the amended version. The participant has the right to object to the changes within a period of one week after receipt of the notification or after publication of the amended version. If no objection is made within this period, the amended terms and conditions shall be deemed to have been accepted by the participant. The significance of this deadline will be pointed out separately in the notification. If the participant objects to the amended terms and conditions, publuence GmbH may terminate the contract without notice.
§ 19 Applicable law, place of jurisdiction
All legal transactions and legal relationships with publuence GmbH shall be governed exclusively by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
In business transactions with merchants, legal entities under public law or special funds under public law, the place of jurisdiction for all disputes arising from or in connection with these terms and conditions or individual contracts concluded shall be the registered office of publuence GmbH. However, publuence GmbH is also entitled to bring an action at the registered office of the participant.
§ 20 Data privacy and confidentiality
publuence GmbH undertakes to process and protect all personal data of participants in accordance with the applicable data protection laws, in particular the General Data Protection Regulation (GDPR). The exact handling of personal data is regulated in the privacy policy of publuence GmbH.
Participants undertake to treat all confidential information received in connection with the use of the platform as strictly confidential and not to make it accessible to third parties, unless they are legally obliged to disclose it or have received prior express written consent from publuence GmbH.
§ 21 Severability clause
Should a provision of these terms and conditions be wholly or partially invalid or unenforceable or subsequently lose its validity, this shall not affect the validity of the remaining provisions of these terms and conditions. The invalid or unenforceable provision shall be replaced by a provision that comes closest to the economic purpose of the invalid provision in a permissible manner. The same applies in the event of a loophole in these terms and conditions.