1. Scope of application. The conditions for advertisements shall apply to contractual agreements between the advertiser or the authorised advertising agency («Advertising Agency») and Ron Orp («Publisher»), unless otherwise agreed in writing. Insofar as these terms do not contain any divergent rules, the regulations of the contract for work and labour under Swiss law appliy for the contractual relationship.
2. Orders for, amendment to and suspension of advertisements must be in writing. Amendments to and suspensions of advertisements may be made free of charge up until the deadline for acceptance of advertisement orders. The Publisher shall not be liable for any errors in the telephonic transmission of the advertisement orders or for errors due to poor fax or e-mail quality.
3. Edition and placement wishes shall be accepted in a non-binding manner. The Publisher reserves the right to change the placement location of advertisements on technical grounds, without consulting the Advertiser or Advertising Agency.
3.1. Placement instructions which are not subject to the standard rates shall be charged an extra fee. They shall be binding only after prior agreement and confirmation.
3.2. If a confirmed placement cannot be upheld, the Advertiser or Advertising Agency shall be informed in advance thereof, wherever possible.
3.3. The non-appearance of an advertisement, placement of an advertisement in a different location or in a different edition as well as a delay in delivery due to technical problems, shall not give rise to any compensation claims.
3.4. It is not possible to enter into a non-competition clause.
4. Publication of advertisements/inserts. The Publisher reserves the right at all times to request changes to the contents of the advertisements/inserts or to refuse or suspend advertisements/inserts without being required to state the grounds for doing so.
5. Ron Orp is politically independent. Political advertisements shall not be accepted.
6. Publications of editorial content cannot be tied to the placing of advertisements.
7. Liability. The Advertiser is liable for the content of advertisements. It shall have the obligation to comply with the relevant statuary provisions, guidelines and federal rules and regulations of the sector, and shall release from all liability and hold harmless, to the extent legally possible, the Publisher, its organs and auxiliaries from any third-party claims. If the Publisher is subject of court proceedings, the Advertiser shall have the obligation to join the lawsuit after receiving notice thereof. The Advertiser shall in any event be required to bear any judicial or non-judicial costs in connection.
8. Right of reply. Requests for a right of reply to advertisements shall be handled by the Publisher in consultation, to the greatest extent possible, with the Advertiser or the Advertising Agency. If the Publisher becomes the subject of legal proceedings, the Advertiser shall have the obligation to join the lawsuit after receiving notice thereof. The Advertiser shall in any event be required to bear any judicial or nonjudicial costs in connection with a request for the right to reply.
9. Provisions on layout may be accepted to the extent technically possible. Advertisements must be clearly recognisable as such by readers and clearly distinct from editorial content in terms of layout and font. The Publisher reserves the right to further demarcate advertisements by means of the designation ‘advertisement’. The logo or the name of the Ron Orp newsletter may only be used with the Publisher’s written consent; in the case of non-compliance herewith, the Publisher reserves the right to reject orders.
10. Print proofs are not provided. The publication of advertisements shall, as a rule, take place on the prescribed dates.
11. Image quality. For advertisements which do not appear faultlessly due to missing or inadequate image quality, no liability is assumed. This also applies to printing materials, whose quality has been objected to by the Publisher.
12. Printing errors, which do not significantly affect the meaning of the advertisement or the purposes thereof, shall not give rise to a reduction in price.
12.1. The currently valid grammar and syntax is used by the editors and Publisher.
12.2. There is no liability for errors in translation of foreign-language submissions.
12.3. Defective publications, which do significantly affect the meaning of the advertisement or the purposes thereof, give rise to an exemption from payment of the corresponding advertisement placement costs or shall be compensated by the granting of placement space. Any further claims shall be excluded.
13. Complaints are only accepted within 10 days of receipt of the invoice.
14. The calculation of the advertisement charge generally follows the current rate.
15. Rebate arrangements shall be valid for one year and one company. For advertisements of the same client, which appear under different names or for the account of different companies, separate rebate agreements are to be concluded (subsidiaries, etc.). Legally independent companies must perform separate standard rebate arrangements, when they belong to the same umbrella organisation (holding). As regards agreements with a group of companies, the rules of the Swiss Press Association shall be binding.
16. Supply of specimen copies. Specimen copies are not provided.
17. Payment terms. Insofar as there is no agreement to the contrary, invoices must be paid within 10 days without any reduction for rebates. Unjustified reductions for rebates will be claimed back.
17.1. In the case of late payment, a reminder charge of CHF 10 and 6% default interest shall be invoiced. In the event of debt enforcement proceedings, a stay of bankruptcy or actual bankruptcy, all rebates and broker commissions shall cease. Broker commissions already paid out shall be reclaimed. In addition, 5 % of the claimed amount (at least CHF 50, max. CHF 300) will be charged for time spent and expenses incurred.
17.2. The Publisher reserves the right at any time the review creditworthiness of Advertisers and Advertising Agencies.
17.3. Jurisdiction and applicable law. This agreement is governed by the substantive laws of Switzerland. The courts of Zurich shall have jurisdiction.
18. Amendments to the Conditions for Advertisements; changes in rates. The Publisher is entitled to change these Conditions for Advertisements, the rates and any other general rules at any time. The amended Conditions for Advertisements, general rules and rates shall take effect simultaneously in respect of all Advertisers and shall also apply to current orders. The Advertiser has the right however to terminate the agreement within 2 weeks of receiving written notice of the new rates. In such case, the Advertiser shall only be entitled to the rebate corresponding to the effectively earned quota according to the rebate scale.
19. Early termination of agreement. If an advertising medium ceases publication during the term of the agreement, the Publisher may terminate the agreement without compensation. Early termination of the agreement shall not release the Advertiser from payment of published advertisements. There will be no rebate adjustment charges, however, payments shall be made, insofar, at the time of termination of the agreement, a higher level of rebate entitlement was attained. All prices are exclusive of VAT. These conditions for advertisements shall take effect from 01.07.2009.