General terms and conditions Vogel Corporate Solutions

Last update: 2/10/2026

Part A. General terms for all types of commission

1. GTC scope of application

1.1. These general terms and conditions (GTC) apply to any and all declarations of will, contracts, and contractual, or contractual-like actions of VOGEL Corporate Solutions GmbH, Axel-Springer-Str. 65, 10969 Berlin (hereinafter “VCS“), with their contracting parties (hereinafter “CP“), particularly as part of commissions by advertising clients, and commissions by exhibitors and sponsors (hereinafter “commission“).

Part A of these GTC contains general conditions that apply to both the special conditions for advertising clients (content commissions, media- and agency services) in part B, for exhibitors and sponsors in part C, for event organizers in part D, and for the maintenance and technical support of company websites in part E, and advertisers in part F. The special conditions in parts B, C, D, E, and F are independent of each other in terms of their validity.

1.2. These GTC exclusively apply to entrepreneurs. Entrepreneurs are any natural or legal entity or judicable partnership that acts within the scope of their commercial or self-employed work when entering into a legal agreement.

1.3. Contrasting or deviating conditions to these GTC are not accepted unless an express written agreement with VCS is made. These GTC shall also apply if VCS unconditionally provides services in knowledge of contrasting conditions or CP conditions deviating from these conditions.

1.4. VCS reserves the right to unilaterally alter the GTC at any point. Changes to the GTC shall be disclosed to the CP in writing or electronically (e.g. via email). The CP may object to the updated version of the GTC within 2 weeks after said disclosure. Without objection, changes shall be deemed accepted. If the CP objects to changes to the GTC, VCS shall have the right to terminate the contractual relationship with immediate effect.

1.5. These GTC are valid in their most recent updated form at the respective point in time of the legal transaction being concluded or the contractual-like relationship being entered. Unless agreed otherwise, they shall also apply to any future legal transactions or contractual-like relationships, even if not expressly agreed upon again. The currently valid version of these GTC can be found here

2. Conclusion of contract

Offers from VCS constitute a request for the client to themselves make an offer for the conclusion of a commission. A commission between the parties is concluded when the CP has presented VCS with a binding offer for the conclusion of a contract at least in writing and the acceptance of the services offered at the included conditions and subject to these GTC has been declared binding by VCS and received by the CP.

3. Contractual relationships and contents

3.1. VCS is a digital marketing agency and a B2B communications company for custom-tailored B2B communication solutions. The goal of the cooperation between the CP and VCS is particularly the optimization and expansion of the CP’s presence in advertisement and communication, their products and/or services on the market, and the provision of opportunities for presenting the business scope and products of the CP. Additionally, CP may commission VCS to provide event solutions in both the online and offline sectors, and to maintain and support of company websites.

3.2. As advertising client, the CP may commission VCS to plan and execute advertisement services in specialist media, create content for the CP’s communication channels (website of the CP, social media channels, product brochures, catalogs, etc.), and to plan and execute further advertisement and communication services.to The services ordered in detail result from the commission subject to these GTC and special conditions in part B.

3.3. As an exhibitor or sponsor, the CP can book services and content of VCS’s respective event service packages for one or more events, in particular, CP may commission VCS to provide exhibition space (for in-person or hybrid event format) or to provide virtual presentation space and digital activities on the respective online event platform (for hybrid and digital event formats). The CP must submit their registration for an event to VCS in the form provided for this purpose and said registration represents a binding offer to conclude a commission regarding the corresponding event service package chosen by the CP. If VCS accepts the offer with reference to the validity of these general terms and conditions, and the special terms and conditions in part C., the commission of the event service package chosen by the CP shall be concluded by notification of the admission by VCS to the CP. Additionally, lit. 2 of these GTC shall apply to the conclusion of the contract. The CP has no claim to admission.

3.4. As an organizer, the CP may commission VCS with the planning, organization, and coordination of (on- and offline and hybrid) events and related services. The services ordered in detail result from the commission subject to these GTC and special conditions in part D.

3.5. As client, the CP may commission VCS to draft, develop, and maintain company websites and provide technical support for said websites. The services ordered in detail result from the commission subject to these GTC and special conditions in part E.

3.6. An advertising order within the meaning of these GTC shall be deemed to exist where VCS is commissioned exclusively with the paid publication of advertisements, inserts, or other standardized advertising formats in print or digital media, without VCS owing any content-related, conceptual, editorial, or design services. These are subject to the special provisions in part F. Content services within the meaning of part B shall be deemed to exist where VCS, in addition to mere publication, performs conceptional, editorial, design, or strategic services.

3.7. The scope and content of the services owed by the CP and VCS shall be determined in the commission. The concluded commission between VCS and the CP is essential for this. VCS does not owe the verification of the legal admissibility of advertising (in particular competition law, labeling law, food law, and pharmaceutical law), if this has not been expressly agreed otherwise in writing.

3.8. The services owed by VCS according to sections 3.2 and 3.5 are hereinafter also uniformly referred to as the “subject of performance”. VCS does not guarantee any commercial success.

3.9. VCS is entitled, at their own discretion, to perform the services themselves, to use competent third parties as proxies for the performance of services under the contract, and/or to substitute such services (hereinafter “external services”).

3.10. Commissioning external services takes place in the name of VCS but is chargeable to the CP’s account. VCS will invoice the CP for any arising costs.

3.11. Unless otherwise agreed in these GTC, in the commission, or in the commission confirmation, invoices shall be due without deduction within thirty (30) calendar days of complete delivery and performance (including any agreed acceptance), and invoicing.

3.12. The contractual agreements between the parties correlate as follows:

Commission including potential attachments,
these GTC, in the version applicable at the time,
legal provisions.

In the event of any contradictions, the contractual bases shall apply in the order listed.

4. Confidentiality and data protection

4.1. VCS will treat the transmitted subjects of performance as confidentially as state-of-the-art technology allows; however, for electronic data transmission, VCS cannot guarantee 100% confidentiality.

4.2. The parties shall treat as confidential all documents, information, and data they receive for the realization of the contractual relationship, and which are designated to them as confidential and shall use them only for the realization of the respective commission. In particular, commissions concluded between the parties shall also be deemed confidential. The parties shall impose a corresponding obligation on their employees and third parties involved in the commission, in particular subcontractors. Independent of the reason for a potential termination, these obligations shall remain in effect even after the termination of the respective commission for two (2) years from the termination of the contract.

4.3. The CP authorizes VCS to process the data received in connection with the business relationship in accordance with applicable data protection laws. VCS declares that their employees and proxies are bound by strict confidentiality and compliance with data protection, and that VCS has taken all necessary technical and organizational measures to ensure the execution of the provisions of applicable data protection laws.

4.4. If the CP commissions VCS to conduct a lead campaign and receive lead data from VCS for this purpose, the CP is obligated to comply with their information obligations in accordance with art. 14, GDPR, within thirty (30) days of sending the lead data.

5. Cession and offset

5.1. The CP may only transfer the rights and obligations arising from this contract given express written consent of VCS.

5.2. The CP may only offset claims of VCS against undisputed or legally established claims.

6. Force majeure

Force majeure or other unforeseeable events for which VCS is not responsible and which make it substantially more difficult or temporarily impossible to provide the contractual services, including pandemic, strike, lockout, and regulatory actions, shall allow VCS to postpone the performance of their services for the duration of the hindrance plus a reasonable start-up period. VCS will immediately inform the CP of the occurrence of such hindrances to performance. If the delays resulting from an event in accordance with sentence 1 above exceed the period of six (6) weeks, and if an adjustment of the contract is not possible and not reasonable for either party, both parties are released from their performance obligations agreed upon in the commission. Services delivered by VCS are to be remunerated by the CP according to their share. Damage claims are excluded in such a case.

6.a. Reference advertising

VCS as well as their affiliated companies within the meaning of §§ 15 of the German Stock Corporation Act (AktG) are permitted to use services provided to the CP for the purpose of self-promotion via references free of charge.

VCS expressly reserves the right to use their content for commercial text and data mining within the meaning of section 44b UrhG (Act on Copyright). For the acquisition of a corresponding tight of use, please contact datenschutz@vogel.de.

7. Form

7.1. Unless otherwise agreed in the respective commission or in these GTC, all agreements between VCS and the CP regarding contractually owed services, and all modalities of the performance of the services shall require text form.

7.2. For all other legally relevant declarations and notifications of the CP towards VCS regarding the commission (e.g. deadline, reminder, withdrawal) the requirement of the written form shall apply. Legal formalities and further evidence, in particular in case of doubts about the legitimacy of the declaring party, remain unaffected by this.

8. Place of execution, place of jurisdiction, and severability clause

8.1. Place of execution is Berlin.

8.2. Place of jurisdiction for any arising legal disputes between VCS and CP is Berlin.

8.3. Solely the law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.

8.4. Changes and additions, and termination of the contractual relationship with VCS must be in writing to be effective. This also applies to any alteration of this written form provision.

8.5. Should one or more provisions of these GTC be or become invalid or void, the validity of the remaining provisions of these GTC shall remain unaffected. This applies accordingly to the filling of a gap in the contract.

8.6. The invalidity of individual provisions of these GTC shall not affect the validity of the remainder of the commission.

Part B. Special conditions for advertising clients (content orders, media and agency services) and research services

Advertising client: These special conditions apply in addition to the provisions in part A to commissions placed by the CP as an advertising client commissioning VCS with content orders, media, and/or agency services. These special conditions do not apply to pure advertising commissions within the meaning of part F of these GTC. Advertising services are exclusively subject to the special conditions for advertising clients in accordance with part F.

Research: These special conditions apply in addition to the conditions of part A for commissions of the CP in reference to business-to-business market research (B2B market research). This includes in particular the planning, execution, and analysis of quantitative and qualitative surveys with the goal of providing reliable market and target group information for business decisions.

The AG may commission individual services and quotas.

Individual services/projects are one-time services provided given a one-time order. These are provided as partial (modules) or complete performances.

Quotas are services provided with a time-based contract and fixed agreed services or hours. Respective quotas are billed at the end of each month with a monthly evaluation.

9. Cooperation duties and approvals, acceptances, releases

9.1. The CP shall grant approvals, acceptances, and releases detailed in the commission in due time to ensure that workflow at VCS and their suppliers and thus the jointly fixed objectives are untouched. Approvals, acceptances, and releases which are not provided or are provided late may cause additional costs which shall be borne by the CP. Approvals, acceptances, and releases are deemed granted if VCS does not receive a statement from the CP within a period of seven (7) days after VCS has sent the respective subject of performance to the CP. Acceptance shall be deemed granted at the latest upon use or payment of the remuneration.

9.2. The information and materials provided by the CP serve as an essential basis for the services of VCS. The CP guarantees VCS the correctness of the information and is liable for any legal consequences of incorrect information provided. The CP ensures that VCS receive all rights required for use of the provided information and material, and that this information and material does not violate third party rights, and that this information and material is otherwise legally compliant. This also applies to content that provided information and material refers to (e.g. via links). Should VCS be held liable by a third party, a court, or an authority due to culpable behavior of the CP, in particular due to a culpable breach of the obligations mentioned under here, the CP is obligated to indemnify VCS from any claims and to assume the costs of legal defense. VCS will inform the CP immediately of the assertion of such claims. The CP shall aid VCS in the best possible way in defending said claims. If the CP does not meet this obligation within a reasonable period of time to be set by VCS, VCS is entitled to settle the third party’s claim at their own appropriate discretion, taking into account the factual and legal situation as it presents itself to VCS. The costs of this settlement shall be borne by the CP, also in the event that the settlement subsequently proves to be disadvantageous due to the CP withholding information. In the case of third-party claims pertaining to said information and material (e.g. for intellectual property right infringement), the CP shall indemnify VCS at first notice. The indemnification also includes compensation for costs that have been or will be incurred by VCS due to prosecution and legal defense.

9.3. If the CP fails to comply with their duty to cooperate, VCS shall request the CP to do so within a reasonable period of time in writing (text form, e.g. e-mail suffices). If the CP does not comply with their information obligation despite a deadline to do so, VCS shall be entitled, at their own discretion, either to provide their service on the basis of the information already available or to rescind from the contract. VCS may also claim compensation for any expenses incurred by VCS within the scope of the contractual relationship which were in vain or were additionally incurred as a result of the breach of duty by the CP. Further claims for damages remain unaffected.

9.4. If a concept or other service has to be modified due to the correction of previously provided information or as a result of the subsequent filing of information, this shall always be deemed to be an extension of the scope of services and shall be remunerated subsequently.

9.5. Each party shall designate to the other party a contact person authorized to give and receive information and declarations of intent, and who also assumes full responsibility for the orderly performance of the contractual services.

10. Remuneration and prices / price changes

10.1. The prices stated in the commission shall be deemed agreed between the parties, plus the VAT rate applicable at the time of performance.

10.2. In the case of project-related services without continuous commissioning of VCS, VCS shall inform the CP of the likely total costs in a non-binding offer. The CP shall then submit a binding offer to VCS, and thus, given VCS’s order confirmation, the costs for the respective services shall be deemed agreed.

10.3. Services that exceed the scope of the respective commission or quota will be agreed upon as additional single orders based on the commission. For this, VCS shall make an estimate and an offer on the basis of the commission. A single order is concluded in accordance with the provision in section 2 of these GTC. In case no individual project order exists, additional services shall be charged based on the current price list.

10.4. Invoicing for the services provided by VCS, as well as for the costs incurred through the commissioning of third parties and for expenses, shall be in subsequent monthly form or, based on a separate written agreement, after the completion of a project.

In case of research services, invoicing of the services rendered by VCS, and of the costs incurred by the commission of third parties, and of expenses, occurs after the project is concluded. If a research project comprises multiple modules (e.g. survey and white paper), invoicing occurs after each respective service has been provided. Research projects extending beyond the end of the year shall be invoiced proportionally at the end of the year.

10.5. Travel expenses for experts commissioned by VCS shall be reimbursed by the CP. Travel expenses include in particular the costs for transportation (airplane, cab, rental car, or train), and accommodation. For flights, the costs are only reimbursable for the use of economy class, for train travel only for second class, and for accommodation only for a four-star hotel, unless the employee is accommodated in a hotel of the CP.

11. Maturity of the subject of performance

11.1. The maturity date of VCS’s services shall be based on the joint agreements between VCS and the CP who shall agree on a schedule in the commission and adjust it if necessary.

11.2. In the event of delays in performance for which VCS is responsible, the duration of the grace period to be legally set by the CP shall be two weeks, given the nature of the services to be provided by VCS allowing it, and shall begin upon receipt of the written notice of grace by VCS.

12. Term and termination of contracts and rescission

12.1. The contract term specified in the commission and the notice periods specified therein shall apply. There shall be no ordinary right of termination on the part of the CP in the case of a fixed-term commission. In the absence of a termination provision in the case of open-ended commissions, an ordinary notice period of three (3) months, in each case by the end of the year, shall be deemed agreed between the parties. Notice of termination must be in writing.

12.2. The right to extraordinary termination remains unaffected. Serious grounds for termination exist in particular if (i) one party breaches essential obligations or repeatedly breaches non-essential obligations arising from the contractual relationship and does not remedy the breach within a reasonable period of time after being requested to do so by the other party, or (ii) one party cannot reasonably be expected to adhere to the contract as a result of force majeure, or (iii) insolvency proceedings have been instituted against the assets of the other party, or such proceedings are imminent.

12.3. If a commission is terminated or canceled by the CP prior to the start of its execution, or if the CP withdraws from the commission for reasons for which VCS is not responsible, VCS shall charge a lump sum of 50% of the commission amount for expenses incurred, unless the CP proves that no or only significantly lower damages were incurred.

12.4. If a commission is extraordinarily terminated by the CP after the start of its execution or if the CP withdraws from the commission for reasons for which VCS is not responsible, VCS shall be entitled (i) to invoice the services delivered up to that point in accordance with the commission, but at least 50% of the commission amount in accordance with section 12.3, (ii) to demand reimbursement of all costs incurred and to demand that (iii) the client indemnify and hold VCS harmless with regard to any claims of third parties, in particular contractors.

In all of the cases mentioned above, the CP is entitled to prove that VCS has not incurred any damages or only significantly lower damages than the aforementioned cancellation fees.

VCS reserves the right to assert further claims for damages.

13. Rights of use

13.1. In the event that a service obtains copyright protection through processing by VCS, VCS shall transfer to the CP a non-exclusive right of use unlimited in terms of space, content, and time. This right of use includes in particular the right to reproduce, distribute, and make publicly available the work in whole or in part. The right to modify and transfer to third parties is included. Any differing granting of rights of use requires an individual agreement in writing.

13.2. The granting of any rights of use shall take place upon acceptance and, subject to a condition precedent, upon full payment of the agreed remuneration.

13.3. Rights of use for designs rejected or not executed by the CP remain with VCS. This also applies to VCS’s services that are not subject to special statutory rights, in particular copyright.

13.4. Unless otherwise agreed or recorded in these GTC or in the commission or the commission confirmation, any and all working documents, data, recordings, and drafts and production data prepared in connection with the performance of the services shall remain property and in possession of VCS. Surrendering said documents and data is not part of the service provision and cannot be demanded by the CP. If the client wishes for a buyout of said data, the following rules shall apply, unless otherwise agreed in writing.

Buyout of typesetting/layout:

For typesetting and laying out of the material (images, fonts, texts, graphics) provided by the client, where no graphic concepts or art direction was provided, the open In-Design filed will be provided as packaged files. The lump sum of 550.00 EUR plus VAT shall be the lump sum for the buyout.

Buyout Creation:

For graphic concepts, new development, and art direction, the open In-Design files are provided as packaged files. The cost of the buyout is calculated by multiplying the ordered volume by a factor of 0.8. Due to licensing provisions, images and fonts bought by VCS cannot be provided.

13.5. A transfer of rights to software products delivered by VCS or regarding websites and apps created by VCS (hereinafter jointly “software products”) exclusively occurs given written request by the CP after the acceptance of the respective software product, and payment in full of the agreed price for the software product by the CP, and only against payment of a fee for the granting of rights of use to the source code that is to be agreed separately, given the parties have no agreed to something else in this regard.

If and to the extent that source codes are provided to the CP on the basis of a separate agreement, the CP shall be entitled, in addition to using the software product, to modify the software product and, in this context, to grant sublicenses to third parties for the purpose of modifying the software product.

Regardless of the granting of rights of use to the CP, VCS reserves the right to continue using the source code as its author and to potentially make it available to third parties. The parties may limit or exclude this right via special agreement.

VCS shall not be liable for any modifications by the CP of the respective software product of VCS, including in particular changes, additions, and editing. The CP indemnifies VCS from any third-party claims resulting from or in connection to such modifications of the CP.

13.6. If the CP commissions VCS in the area of research, the services provided by VCS, in particular studies and other results of the concerned research commission, may be used by the CP themselves and for the agreed contractual purpose. Any disclosure, use, or provision of access to third parties required prior written consent of VCS. Commercial use is not permitted.

14. Editorial independence

VCS may internally employ editorially independent specialist editors of their own media brands to provide services for the CP. The work of the editors for VCS’s media brands remains unaffected by the project work for the CP and is carried out independent from each other. The editors are free to also publish product information about the CP for their editorial work.

15. Warranty

If VCS’s services have the character of a contract for services, the following provisions shall apply:

15.1. Said services are subject to acceptance. Further details on acceptance shall be agreed between the parties in the individual contract.

15.2. The CP has to notify VCS immediately in writing of any defective service. As far as rectification of defects is possible and feasible with reasonable effort, VCS has the right to rectify defects for which it is responsible.

15.3. A defect exclusively exists if the subject of performance does not have the contractually agreed quality or is not suitable for the contractually required use. The contractual quality of the subject of performance results in particular from the commission provisions. Negligible deviations shall not constitute a defect.

15.4. In the event of refusal, impossibility, failure, or unreasonable delay in the rectification of defects, the CP may, at their discretion, demand the rescission of the contract or the reduction of the remuneration.

15.5. Warranty claims of the CP shall become time-barred within a period of six (6) months after completion of the respective services.

15.6. Claims based on warranty liability without fault and the right of self-remedy are excluded.

15.7. VCS shall be liable for consequential harm caused by a defect only in accordance with the liability provisions set forth in these GTC. This exemption from liability shall not apply if a warranty of quality was given which covers the consequential damage caused by a defect and if the damage caused by the defect stems from the lack of such quality.

16. Liability

16.1. If not further regulated in the other provisions, VCS shall be liable for damages due to breach of contractual or non-contractual obligations only in case of intent and gross negligence. The limitation of liability also applies to legal representatives, executives, and proxies. VCS shall only be liable for slight negligence in case of breach of an essential contractual obligation (cardinal obligation), and in case of damage resulting from injury to life, body, or health. In the event of a slightly negligent breach of cardinal obligations, however, the obligation to pay compensation shall be limited to the foreseeable damage typical for the contract. Cardinal obligations are obligations which are essential to be fulfilled for the proper performance of this contract and on the observance of which the other party may regularly rely.

16.2. VCS shall not be liable for the factual information about the CP’s products contained in the subject matter of the performance or the protectability under copyright, design, trademark, or brand law of the ideas, proposals, concepts, drafts, etc. delivered within the scope of the commission, unless this protectability was expressly agreed in writing as part of the contract.

16.3. The liability for breaches of duty, which occurred neither intentionally nor grossly negligent, is limited to the sum of the contractual fees, which the CP has paid to VCS for the period of two (2) years prior to the occurrence of the damaging event within the scope of the specific contractual relationship. This does not apply to liability for injury to life, body, and health.

16.4. VCS is liable to entrepreneurs only in case of intent and gross negligence for atypical/unforeseeable indirect damages and consequential damages, and for loss of profit. In this case, VCS’s liability is limited to the contract-typical foreseeable damage, at most to the sum of the contractual fees which the CP has paid to VCS for the period of two (2) years prior to the occurrence of the damaging event within the scope of the specific contractual relationship. This does not apply to liability for injury to life, body, and health.

17. Retention, archiving, and release of data and documents

17.1. All reports, print documents, films, and illustrations created by VCS for the CP shall be properly stored by VCS without separate remuneration for a period of one (1) year, beginning with the termination of the respective communication measure, and shall be handed over during this period at the request of the CP. After expiration of the retention period or in the event of termination of the contract before expiration of this period, the documents shall be handed over to the CP at the CP’s written request, otherwise they shall be destroyed. The aforementioned documents may also be stored in digital form.

17.2. The CP shall bear the costs of the compilation of data, shipment, packaging, storage beyond the agreed period and, if applicable, the costs of removal and destruction as well as the activities and insurance in connection therewith.

17.3. VCS may immediately destroy documents that are no longer required, such as manuscripts, sketches, drafts of unrealized advertising measures, or similar documents.

18. Self-promotion

VCS as well as their affiliated companies within the meaning of§§ 15 of the German Stock Corporation Act (AktG) are permitted to use work results or excerpts from the commissions for the purpose of self-promotion – even after the end of the contract period – free of charge.

Part C. Special conditions for exhibitors and sponsors

These special conditions apply in addition to the provisions of part A. for the CP commissioning VCS regarding the provision of exhibition space for in-person and hybrid events or, additionally for hybrid and digital events, if need be, with the provision of virtual presentation options and the access to the online event platform for their exhibitor and sponsor activities according to their event service package of choice.

19. Participation

19.1. The admission to an exhibition space or online space at an event by VCS communicated to the CP refers only to the registered CP and to the exhibition goods, presentation materials, and services confirmed in the note according to the event service package chosen by the CP.

19.2. The approval may be revoked by VCS if it was granted on the basis of false or incomplete information, or if the requirements for approval subsequently cease to apply.

20. Special conditions for in-person events, for in-person services as part of hybrid event formats

20.1. Space allocation

20.1.1. VCS shall provide the exhibition space in the registered offer area in accordance with the specifications of the event service package booked in each case and in accordance with the provisions of this part C. For hybrid event formats, VCS shall additionally provide the CP with access to the online event platform in accordance with the respective event service package booked, and in accordance with the provisions applicable to digital events (sec. 21)

20.1.2. Special wishes of the CP (e.g. placement, neighborhood, stand design, competition exclusion, etc.) will only be bindingly taken into account if they are expressly confirmed by VCS in the admission.

20.1.3. VCS shall be entitled to allocate the CP an exhibition area in a different location from the exhibition area, to change the size of the exhibition area, to relocate or close entrances and exits to the exhibition grounds, if compelling technical or organizational reasons require it.

20.1.4. Without the prior consent of VCS, the transfer of the CP’s rights stemming from the surrender contract, in whole or in part, to third parties is not permitted. The same applies to a transfer of the exhibition space allocated to the authorized CP, in whole or in part, to third parties.

20.2. Technical services, services

20.2.1. VCS provides basic heating, cleaning, and lighting for the exhibition hall.

20.2.2. Installations of supply and disposal connections may only be ordered via VCS or via a service provider commissioned by VCS.

20.2.3. The CP shall be separately charged for the costs for installation and consumption of water, electrical and telecommunication connections of the individual stands, and any other services.

20.2.4. In addition to these GTC, the contractual basis for the participation of the clients in the events are the house rules of the operator of the respective event location as well as the organizational, technical and other provisions that are sent to the CP before the start of the event.

20.3. Cleaning, waste disposal

VCS is responsible for cleaning the grounds, halls, and aisles. The CP is responsible for cleaning the exhibition area and waste disposal. Cleaning must be completed daily before the start of the event. If the cleaning and waste disposal is not done in a proper manner, VCS, after setting an appropriate deadline, may hire a specialized company at the expense of the CP.

20.4. Guarding

The CP is obligated to guard their property themselves. VCS shall not be liable for loss of and/or damage to the property of the CP, unless the damage was caused by VCS intentionally or by gross negligence.

20.5. Operation and return of the exhibition stands

20.5.1. The stand must comply with technical and legal guidelines. If necessary, official permits and regulations, and construction and operational requirements must be obtained and fulfilled by the CP at their own expense. In case of non-compliance, VCS is entitled to have changes made at the expense of the CP and, if necessary, to impose a stand block.

20.5.2. The CP is solely responsible for traffic safety on their stand, including all access points.

20.5.3. During the opening hours of the event, the stand must be made accessible to visitors. If the stand is not operated in accordance with the contractual agreements, VCS may remove the stand at the expense of the CP and allocate the exhibition space otherwise. The CP shall not be entitled to a refund of the stand fees unless they can prove that VCS was able to generate revenue from the alternative allocation of the stand space.

20.5.4. Stand construction and dismantling must be completed at the specified times. Stand construction and dismantling or other changes are not permitted, if it could lead to a disruption of the event. If stand construction and dismantling are not completed within the specified times, a contractual penalty of 25% of the rental price plus VAT is payable in addition to the stand rental. This applies in particular to the dismantling of the stand before the start of the official dismantling period on the last day of the event.

20.5.5. After the end of the event, the space must be left in the same condition as it was when it was allocated to the CP. Damage or pollution caused by the CP may be removed at the CP’s expense without prior notice.

21. Online services for hybrid and digital events

21.1. Access to the online event platform, system requirements

21.1.1. Generally the provision of access to the event platform, and the use of the functionalities of the event platform, and, if applicable, the provision of storage space for the data made accessible by the CP on the event platform to the agreed extent is the subject of booking services in connection with digital events or the digitally conducted part of hybrid events.

21.1.2. VCS does not provide the CP with access software. Generally, access is granted via a browser supported by the event platform and meeting the system requirements of VCS. Unless noted otherwise in the specification of services of the respective event service package, these system requirements are:

A standard broadband Internet connection;
An up-to-date Internet browser;
For active participation: Headphones, microphone, and webcam/cam;
For passive participation: Speakers and headphones.

21.1.3. The system requirements are part of the contract provisions. The CP must check in due time before their participation in the digital or hybrid event whether the connection to the event platform can be established, and, if applicable, quickly solve any technical malfunctions for which they are responsible. If a technical connection to the event platform cannot be established, VCS shall be informed in due time.

21.1.4. VCS does not owe the CP the provision and/or functionality of the browser.

21.1.5. The CP shall take the necessary precautions to prevent access to the event platform by unauthorized parties.

21.2. Availability of the event platform, additional service levels

21.2.1. VCS guarantees the CP availability of the event platform including accessibility and reachability necessary for a successful execution of the respective event.

21.2.2. VCS shall not be liable for any malfunctions, interruptions, or failures on the event platform that

a) VCS is not responsible for, in particular impairments based on failures and/or malfunctions of technical systems and/or network components outside the area of responsibility of VCS; this includes

a.a) Outages caused by incoming cyberattacks. This does not apply if VCG is obligated to use virus protection programs and these were not up-to-date at the time of the cyberattack;

a.b) outages caused by incorrect use of software or hardware on the part of the CP;

b) maintenance work agreed with the CP or unexpectedly required maintenance work for which VCS is not responsible or agreed workarounds (e.g. use of another event platform as an alternative).

21.2.3. The CP shall immediately notify the designated contact person of VCS or the designated support contact person of VCS responsible for the respective event of any disruptions, availability restrictions, or availability failures they notice. In the event of disruptions, VCS assures to react within an appropriate and reasonable period of time and to find a solution, given the disruption be within their responsibility.

21.3. Duties of the CP, liability for illegal content, compliance with legal frameworks

21.3.1. The CP shall be liable for ensuring that, within the scope of the functions and digital presentation options available to them on the event platform, no racist, discriminatory, pornographic, youth-protection-endangering, politically extreme, or any other unlawful incident, or incidents violating official provisions or requirements occur, or that corresponding data are created and/or stored on the server of the operator of the event platform. In particular, the following actions on the event platform are forbidden for the CP:

Posting, distribution, offering, and advertising of pornographic content, services and/or products that violate the Youth Protection Act, data protection laws, and/or other laws and/or are fraudulent;
Use of content that may insult or defame VCS or third parties or may damage VCS’s reputation;
Use, provision and distribution of content, services and/or products that are protected by law or protected by third-party rights (e.g. copyrights) without being expressly authorized to do so.

21.3.2. Furthermore, the following activities are prohibited for the CP irrespective of any possible violation of the law, when posting their own content via the features of the event platform, and when communicating with other participants and/or moderators (e.g. by sending personal messages, by participating in forum discussion, or by writing guestbook entries):

Distribution of viruses, Trojans, and other malicious data;
Sending junk or spam e-mails and chain letters;
Spreading lewd, offensive, sexually oriented, obscene, or defamatory content or communication, and content or communication that is/are likely to promote or support racism, bigotry, hatred, physical violence, or illegal acts (both explicitly or implicitly);
Harassing other clients, participants, and/or moderators, e.g. by repeatedly contacting them personally without permission or contrary to the reaction of the person contacted, and encouraging or supporting such harassment;
Soliciting other clients, participants, and/or moderators to disclose passwords or personal data for commercial or unlawful purposes;
Distribution and/or public reproduction of content available on the event platform, unless the CP is expressly permitted to do so by the respective author.

21.3.3. The CP assures to own all rights, in particular all copyrights, rights of use, and ancillary copyrights to the contents posted by them. If the CP is not the author of the posted content, they assure the ownership of the unrestricted right of use to said content. The participant assures the ownership of unrestricted exploitation rights, the non-existence of third-party rights for the submitted content, and that no personal rights have been violated in the representation of people. The CP assures to have acquired the rights of all authors, ancillary copyright owners, trademark owners, and other rights holders mandatory for publication, exploitation, and making available to the public, in particular that people depicted have given their express consent to the exploitation and evaluation of the image as part of the application via the CP’s profile.

21.3.4. Each party shall designate to the other party a contact person authorized to give and receive information and declarations of intent, and who also assumes full responsibility for the orderly performance of the contractual services.

21.3.5. The CP adheres to applicable data protection provisions. In accordance with General Data Protection Regulation (GDPR), the CP is the controller of any personal data processed by them, e.g. additional event participants added by them (if agreed). If the CP stores or processes personal data on the systems of the event platform, this shall be secured by concluding a corresponding data protection agreement on commissioned processing in addition to the existing contractual agreements.

22. Advertising, marketing, press, specialist lectures

22.1. Advertising is admissible within the stand (for in-person or in-person parts of hybrid events). Outside the exhibitor’s stand – in particular on tables, wall surfaces, in stairwells, as well as in the corridors of the exhibition halls – advertising is only permitted for money given VCS’s prior consent. The admissibility of advertising measures on the online event platform depends on the event service package booked by the CP.

22.2. Only advertising measures are permitted that do not violate statutory provisions or morality or are of an ideological or political nature. Visual, moving and acoustic advertising media, musical renditions, and product presentations are permitted in compliance with legal/official regulations, provided other clients are not unreasonably impaired. VCS is entitled to prohibit the publication, distribution, and display of advertising material that may lead to objections and to seize any stock of the advertising material for the duration of the event. The same applies to making unlawful or otherwise objectionable advertising material or content publicly available pursuant to sections 21.3.1 and 21.3.2 on the event platform. In this case, VCS may, depending on the severity of the violation and the extent of a complaint, exercise their domiciliary rights and, in particular, exclude the CP from participation in the event or block their access to the event platform, unless this is unreasonable for the CP.

22.3. VCS is entitled to use the name and logo of the CP on advertising and marketing materials (e.g. advertisements, websites) for the preparation and execution of the event free of charge. The CP is obliged to provide VCS with a logo of appropriate quality.

22.4. Photography, video and film recordings of the exhibits are permitted, given the respective CP’s consent. VCS is entitled to make or create photographs, film and video recordings, and drawings of the event, the stands and the exhibited goods or to have them made by the press and to use them for advertising purposes or general press publications free of charge. This section 22.4 shall apply accordingly to digital recording options for digital event formats, in particular to screenshots and screencasts, for example of digital presentation areas of the CP.

22.5. The organizer is entitled to restrict or prohibit performances that endanger or significantly impair the execution of the event.

23. Payment maturity

23.1. The agreed fees (rental of the exhibition space, advance payments for ancillary costs, advertising measures, access to the online event platform, etc.) are due upon receipt of the invoice.

23.2. VCS is entitled to demand advance payment of the agreed fees. If the client fails to meet the payment deadline, VCS may exclude them from participation in the event. The obligation to pay the agreed fees remains unaffected by this.

23.3. The CP shall bear the costs for travel to and from the event, overnight stays, and comparable costs.

24. Cancellation, changes

24.1. Unless otherwise stated or agreed in the commission or in the commission confirmation, the CP is entitled to cancel the commission in writing. A lump-sum compensation shall be paid by the participant to VCS in case of cancellation according to the following gradients:

Cancellation up to 12 weeks prior to the event: 25% of the agreed remuneration
Cancellation up to 8 weeks prior to the event: 50% of the agreed remuneration
Cancellation up to 6 weeks prior to the event: 75% of the agreed remuneration
Cancellation less than 6 weeks prior to the event: 100% of the agreed remuneration

The client is entitled to prove that VCS has not suffered any damage at all due to the cancellation or that the damage is lower than the flat rates listed above.

24.2. Furthermore, VCS has the right to change the event for important reasons (e.g. changes to the program, the format (in-person, hybrid, or digital), timing, schedule, location, or venue). VCS will notify AG separately in text form of any substantial changes. Any changes shall also be published on the website. Thus, the CP must inform themselves in good time about such changes.

25. Liability

25.1. The insurance of the exhibition goods against all risks of transport and during the event against damage, theft, etc. is the CP’s responsibility.

25.2. The CP shall be liable for any damage caused to third parties by their participation in the event, including damage to the premises and facilities of the organizer. The CP is solely responsible for the contents of advertisements, brochures, and other information material.

25.3. In all other respects, the liability provisions of these GTC’s section 16 shall apply.

26. Warranty

The claims of the CP arising from the commission and from all legal relationships in connection with it shall become time-barred within six (6) months. The period begins upon return, i.e. in the case of in-person events upon complete clearance of the exhibition space, or in the case of digital formats upon termination of the event and discontinuation of access to the event platform, unless otherwise agreed with the CP (e.g. in cases where access to the event platform is still required for the use of further services following the respective event).

Part D. Special conditions for organizers

These special terms and conditions shall apply in addition to the provisions in part A. for the CP commissioning VCS with the planning, organization, and coordination of an event and further related services, the details of which (date, location, sequence, technical details, etc.) are derived from the commission.

27. Obligations to cooperate, approvals, releases

27.1. The CP shall grant approvals and releases detailed in the commission in due time to ensure that workflow at VCS and their suppliers and thus the jointly fixed objectives are untouched. Approvals and releases which are not provided or are provided late may cause additional costs which shall be borne by the CP. Approvals and releases are deemed granted if VCS does not receive a statement from the CP within a period of seven (7) days after VCS has sent the respective subject of performance to the CP. Acceptance shall be deemed granted at the latest upon use or payment of the remuneration.

27.2. The information provided by the CP serves as an essential basis for the services of VCS. The CP guarantees VCS the correctness of the information and is liable for any legal consequences of incorrect information provided.

27.3. If the CP fails to comply with their duty to cooperate, VCS shall request the CP to do so within a reasonable period of time in writing. If the client does not comply with their information obligation despite a deadline to do so, VCS shall be entitled, at their own discretion, either to provide their service on the basis of the information already available or to rescind from the contract. VCS may also claim compensation for any expenses incurred by VCS within the scope of the contractual relationship which were in vain or were additionally incurred as a result of the breach of duty by the CP. Further claims for damages remain unaffected.

27.4. If a concept or other service has to be modified due to the correction of previously provided information or as a result of the subsequent filing of information, this shall always be deemed to be an extension of the scope of services and shall be remunerated subsequently.

27.5. The expected number of participants must be announced no later than five (5) business days before the event. This stated number of participants is binding and must be adhered to.

27.6. Given a VCS risk assessment shows that additional safety precautions must be taken (e.g. provision of paramedics, etc.), the CP shall be obliged to take the corresponding precautions or to commission VCS to do so.

27.7. The catering of the premises shall be carried out by the approved catering partners. The CP may propose another caterer in coordination with VCS. There is no claim to admittance for the proposed caterer.

28. Organizer

28.1. The CP is the sole organizer of the event conducted within the scope of the contractual relationship. Given their role as organizer, the CP assumes sole responsibility for all liability-related matters for the visitors and participants of the event or for third parties. VCS shall only be deemed as the organizer given a separate written agreement.

28.2. The CP themselves shall be obliged to obtain, maintain, and comply with all required permits or conditions under public law that may be necessary for the execution of the event.

28.3. The CP shall be responsible, at their own discretion, for taking out appropriate, at least normal market, organizer’s liability insurance for personal injury and property damage for the period of the event.

28.4. The CP indemnifies VCS against any liability for personal injury and property damage arising in the course of the performance of the event in accordance with this contractual relationship.

28.5. On all printed materials, posters, admission tickets, invitations, etc., the CP shall be indicated as the organizer in order to clearly signal a legal relationship being established between the event visitor and the CP, and not between the visitor or third parties and VCS or their affiliated companies.

28.6. When mentioning the name “Vogel Convention Center” (hereinafter “VCC”) on announcements of any kind (including on the Internet) printed materials, posters, and admission tickets, only the original VCC lettering and/or the original VCC logo shall be used. The corresponding templates are provided exclusively for this purpose by VCS.

29. Provisions for the rental of premises and objects

29.1. The CP must treat rented furniture with care

29.2. Premises shall be handed over to VCS by the CP in clean-swept condition. Attachments of decorations, stages, or similar objects or materials to the walls, floors, and ceilings of the rented premises are not permitted. In particular, adhesive tapes may not be used and drilling or similar may not be carried out. Laminating glass panes of any kind inside and outside is expressly prohibited. The suspension of cross beams on the ceilings may only be carried out under the supervision of the hall master, or after consultation with VCS. The electrical connection or any meddling with electrical installations requires the prior consent of VCS.

29.3. Commercial image and sound recordings or transmissions require the prior written consent of VCS.

29.4. VCS provides basic heating, cleaning, and lighting for the exhibition hall.

29.5. Installations of supply and disposal connections may only be ordered via VCS or via a service provider commissioned by VCS.

29.6. The CP shall be separately charged for the costs for installation and consumption of water, electrical and telecommunication connections, and any other services.

29.7. In addition to these GTC, the contractual basis for the CP renting the premises are the house rules of the operator of the respective premises, as well as the organizational, technical, and other provisions that are sent to the CP before the start of the event.

29.8. The CP is responsible for cleaning the premises and waste disposal. Cleaning has to be conducted immediately after the end of the event. If the cleaning and waste disposal is not done in a proper manner, VCS, after setting an appropriate deadline, may hire a specialized company at the expense of the CP.

29.9. The CP is obligated to guard their property themselves. VCS shall not be liable for loss of and/or damage to the property of the CP, unless the damage was caused by VCS intentionally or by gross negligence.

30. Provisions for booking online seminars

30.1. The subject matter when booking services in connection with online seminars shall generally be the provision of the online seminar software application, and the use of its functionalities, and the provision of storage space for the data provided by the CP to the agreed extent. The data may also include the PowerPoint presentations, lists of participants, and other materials used by the CP upon their request. Participants are those users of the online seminar who make use of an offer of the CP, in particular such an offer to participate in an online seminar.

30.2. Here, the contractual relationship shall be established exclusively between VCS and the CP. The participants of the online seminar shall not become parties of the existing contractual relationship between VCS and the CP.

30.3. VCS does not provide the CP with access software. Access shall be made via a browser supported by the application that complies with VCS’s system requirements. The respective system requirements are available via the URL www.vogel.events/systemvoraussetzungen. These are:

A standard broadband Internet connection;
An up-to-date Internet browser;
For active participation: Headphones, microphone, and webcam/cam;
For passive participation: Speakers and headphones.

30.4. The system requirements are part of the contract provisions. Before conducting an online seminar or participating in an online seminar, the CP needs to check in due time whether the connection to the virtual conference rooms can be established and, if necessary and within their realm or responsibility, remedy any existing technical malfunctions in due time. If a technical connection cannot be established, VCS must be informed immediately.

30.5. VCS does not owe the CP the provision and/or functionality of the browser.

30.6. The CP shall take the necessary precautions to prevent the use of the online seminar and the API by unauthorized parties.

30.7. The CP shall be liable for ensuring that no racist, discriminatory, pornographic, youth-protection-endangering, politically extreme, or otherwise unlawful incidents or incidents in violation of official regulations or requirements occur within the scope of the online seminars or that corresponding data are created and/or stored on VCS’s server. This obligation of the CP shall also apply with regard to the contents posted by the participants of their offers. In particular, the following actions are forbidden for the CP and the participants of the online seminars:

Posting, distribution, offering, and advertising of pornographic content, services and/or products that violate the Youth Protection Act, data protection laws, and/or other laws and/or are fraudulent;
Use of content that may insult or defame VCS or third parties or may damage VCS’s reputation;
Use, provision and distribution of content, services and/or products that are protected by law or protected by third-party rights (e.g. copyrights) without being expressly authorized to do so.

30.8. Furthermore, the following activities are prohibited for the CP and the participants of the online seminars irrespective of any possible violation of the law, when posting their own content in the context of online seminars and when communicating with other participants and/or moderators (e.g. by sending personal messages, by participating in forum discussions, or by writing guestbook entries):

Distribution of viruses, Trojans, and other malicious data;
Sending junk or spam e-mails and chain letters;
Spreading lewd, offensive, sexually oriented, obscene, or defamatory content or communication, and content or communication that is/are likely to promote or support racism, bigotry, hatred, physical violence, or illegal acts (both explicitly or implicitly);
Harassing other clients, participants, and/or moderators, e.g. by repeatedly contacting them personally without permission or contrary to the reaction of the person contacted, and encouraging or supporting such harassment;
Soliciting other clients, participants, and/or moderators to disclose passwords or personal data for commercial or unlawful purposes;
the distribution and/or public reproduction of content available in the online seminars, unless the CP is expressly permitted to do so by the respective author.

30.9. The CP assures to own all rights, in particular all copyrights, rights of use, and ancillary copyrights to the content posted by them and/or the moderators added by them. If the CP is not the author of the posted content, they assure the ownership of the unrestricted right of use to said content. The participant assures the ownership of unrestricted exploitation rights, the non-existence of third-party rights for the submitted content, and that no personal rights have been violated in the representation of people. The CP assures to have acquired the rights of all authors, ancillary copyright owners, trademark owners, and other rights holders mandatory for publication, exploitation, and making available to the public, in particular that people depicted have given their express consent to the exploitation and evaluation of the image as part of the application via the CP’s profile.

30.10. Each party shall designate to the other party a contact person authorized to give and receive information and declarations of intent, and who also assumes full responsibility for the orderly performance of the contractual services.

30.11. The Parties shall observe the relevant provisions of data protection law. In accordance with General Data Protection Regulation (GDPR), the CP is the controller of the personal data of the added additional moderators and/or their participants which they process. If the CP stores or processes personal data on the systems of VCS, in particular within the scope of the online seminars, it must secure these in accordance with art. 28, GDPR. The parties therefore conclude a commissioned processing agreement in accordance with art. 28, GDPR. In the event of contradictions between this agreement and the commissioned data processing agreement, the latter shall take precedence over the former.

31. Remuneration, prices, retainer

31.1. The prices stated in the individual commission shall be deemed agreed between the parties, plus the VAT rate applicable at the time of performance.

31.2. If VCS provides additional services at the request of the CP, these shall be remunerated separately. The prices detailed in the commission apply accordingly. If the order does not contain any prices for the additional services provided, the respective VCS price list for the corresponding service shall apply.

31.3. When commissioning services with a volume of more than € 10,000.00 (calculated according to all commissioned services), the CP shall pay a retainer of 35 % of the order value upon conclusion of the contract.

31.4. Invoices are due thirty (30) days after receipt and payable to VCS’s account.

31.5. Travel expenses for staff commissioned by VCS shall be reimbursed by the CP. Travel expenses include in particular the costs for transportation (airplane, cab, rental car or, train), and for accommodation. For flights, the costs are only reimbursable for the use of economy class, for train travel only for second class, and for accommodation only for a four-star hotel, unless the employee is accommodated in a hotel of the CP.

32. Maturity date of VCS’s services

32.1. The maturity date of VCS’s services shall be based on the joint agreements between VCS and the CP who shall agree on a schedule in the commission and adjust it if necessary.

32.2. In the event of delays in performance for which VCS is responsible, the duration of the grace period to be legally set by the CP shall be two (2) weeks, given the nature of the services to be provided by VCS allowing it, and shall begin upon receipt of the written notice of grace by VCS.

33. Term, termination, cancellation, change of the event

33.1. The contract term specified in the commission and the notice periods specified therein shall apply. There shall be no ordinary right of termination on the part of the CP in the case of a fixed-term commission.

33.2. In the event of significant violations of the contractual provisions, VCS may terminate the contractual relationship without notice after issuing a warning in writing. Termination without notice may also be effected verbally during an event given significant disruption of public safety and order. In this case, the CP shall be obliged to immediately vacate and surrender all rental objects. If the CP fails to comply with this request, VCS is entitled to carry out the evacuation at the expense and the risk of the CP.

33.3. The right to extraordinary termination remains unaffected. Serious grounds for termination exist in particular if (i) one party breaches essential obligations or (ii) repeatedly breaches non-essential obligations arising from the contractual relationship and does not remedy the breach within a reasonable period of time after being requested to do so by the other party, or (iii) insolvency proceedings having been instituted or impending against the assets of one party.

33.4. If this agreement is terminated or canceled by the CP prior to the commencement of its performance or prior to the commencement of the event, or if the CP withdraws from the agreement for reasons for which VCS is not responsible, or if the event is canceled due to force majeure, VCS shall charge a cancellation fee according to the following pattern:

Cancellation fee of 50% of the order volume up to 6 months prior to the event,
Cancellation fee of 75% of the order volume between 6 and 3 months prior to the event,
Cancellation fee of 90% of the order volume if less than 3 months prior to the event.

VCS reserves the right to assert further claims for damages.

33.5. VCS is entitled to withdraw from the contract if:

Security deposits and retainer payments are not paid on time, or
if there is reasonable cause to believe that the event threatens to significantly jeopardize the smooth operation of business, public safety, or reputation of the house, or
if the required official approvals are missing or are not provided in time, or
if the CP lies about the purpose and content of the planned event.

33.6. Unless otherwise agreed, notices of termination shall be given in writing.

33.7. Furthermore, VCS has the right to change the event for important reasons (e.g. changes to the program, the format (in-person, hybrid, or digital), timing, schedule, location, or venue). VCS will notify AG separately in text form of any substantial changes. Any changes shall also be published on the website. Thus, the CP must inform themselves in good time about such changes.

34. Warranty

The claims of the CP arising from the commission and from all legal relationships in connection with it shall become time-barred within six (6) months. The period begins with the return, i.e. the complete clearance of the exhibition space. in addition, the liability regulations according to section 15 of these GTC apply accordingly.

35. Liability

The liability provisions of these GTC’s section 16 shall apply.

Part E. Special conditions for the maintenance and technical support of company websites

These special terms and conditions apply in addition to the provisions in part A. to commissions placed by the CP who commissions VCS to provide maintenance (“maintenance services”) and technical support (“support services”) for company websites.

Maintenance services include in particular:

Monitoring and installation of security updates for WordPress, the operating system and components;
Regular backups and ensuring update-readiness of WordPress, PHP, and MySQL;
quality control and documentation following updates;
bug fixing of bugs caused by updates (bugfixes);

extensions, such as technical or design adjustments, are not part of the maintenance services and must be commissioned separately.

Maintenance services include in particular:

Adjustments of configurations and editorial work;
consultation and assistance regarding the WordPress system;
communication with third-party service providers;
content entry.

36. Reaction and rectification times

Reaction and rectification times depend on the errors occurring.

Reaction and rectification times during business hours (Monday through Friday, 9:30 a.m. – 4:00 p.m., public holidays in Bavaria excluded) are:

Error class 1: The website cannot be operated.

Maximum reaction time of 8 hours.
Maximum solution time of 24 hours

Error class 2: The website’s operation is severely limited.

no guaranteed reaction or rectification time

Error class 3: The website’s operation is possible, however, there are issues.

no guaranteed reaction or rectification time

37. Billing and renumeration

37.1. Maintenance services are billed quarterly as a lump sum. The amount of this lump sum is based on the expected effort.

37.2. Support services and extensions shall be billed depending on the effort involved at the agreed hourly rate.

37.3. Services shall be billed quarterly and shall be due within fourteen (14) days of the invoice date without deduction.

38. Contract term, Termination, and price adjustment

38.1. The contract has a minimum contract term of twelve (12) months. Each party may terminate the contract with three (3) months’ notice to the end of any contract year (12. contract month). If the contract is not terminated, it shall automatically renew for another twelve (12) months.

38.2. VCS reserves the right to adjust prices for maintenance and support services once annually. A price increase only occurs, if justified by increased operating costs or changed market conditions. The CP shall be informed in writing of any possible price adjustment with at least three (3) months’ notice prior to the adjustment taking effect. In this case, the CP has a special right of termination at the time the new prices come into effect.

39. Duties of the CP

39.1. The CP shall provide a main contact person authorized to place and accept commissions.

39.2. Support requests must be submitted in writing via email or via agreed communication channels (e.g. ticket system).

39.3 VCS shall not be liable for any errors or damage to the website caused by the CP or third parties.

40. Liability and Warranty

40.1. VCS assumes no liability for consequential or indirect damages, profit loss, follow-up costs, or downtime costs arising from the use or non-use of the websites, in particular for:

operation disruptions or limitations caused by updates, maintenance, or support measures;
Loss of revenue due to system failures or technical disruptions;
third-party costs incurred by the client or external service providers as a result of error fixing or recovery measures.

40.2. VCS assumes no warranty for the compatibility of updates with third-party plugins or individual website adjustments.

40.3. The CP is obligated to regularly backup their data. Liability for data loss shall only be assumed to the extent that it was caused by gross negligence or intentional conduct on the part of VCS.

40.4. In all other respects, the liability provisions of section 16 and the warranty provisions of section 15 of these GTC shall apply.

Part F. Special conditions for advertisers

41. Scope and definitions

These special conditions shall apply in addition to part A of these GTC for commissions of the CP as advertiser for the placement of ads, inserts, special advertising formats, and other paid advertisement publications in print and/or digital media by VCS or third parties (hereinafter “advertising order”) . If this part F contains no deviating provisions, the provisions of parts A through E shall apply accordingly.

42. Conclusion of contract and advertising order

An advertising order is concluded by the CP ordering in written or text form and the acceptance by VCS. In case of doubt, advertising orders are available on demand, unless an exclusive or one-time placement has been expressly agreed.

If granting of AE is not excluded, an agency fee of 15% of the net invoice amount, meaning the invoice amount excluding VAT after deduction of discounts, shall be paid for all orders placed through a publisher-recognized advertising agency. Setup fees, technical costs, and remuneration for layout and creative services are excluded from this.

43. Rejection, refusal, and labeling of advertisements

VCS reserves the right to reject advertising orders, or to refuse already accepted advertisements if their content, design, origin, or technical form violates statutory or regulatory provisions, violates third-party rights, or is unreasonable for VCS. Insofar as is required by law, advertisements are labeled as such.

44. Placement, publication, and digital advertisements

A claim to a specific placement, order, integration, linking, or presentation of the advertisement shall exist only if expressly agreed in writing. For digital advertisements, deviations in presentation, reach, or technical environments, particularly caused by end devices, browsers, or third-party algorithms, are permissible and shall not constitute a defect.

45. Advertisement documents and technical requirements

The CP shall provide all advertisement documents in a timely manner, in full, and in the technical formats required by VCS. The CP shall ensure that the print documents provided by them do not infringe on third-party rights. The CP declares they hold all usage and exploitation rights required for the placement and publication of the print documents they provided and that they are entitled to dispose of such rights. Additionally, in case of advertisement creation by VCS, the CP declares they hold all necessary rights for the creation of the advertisement. For this, the CP indemnifies VCS from and against all third-party claims upon first demand. This also includes costs for legal defense. The CP shall support VCS’s legal defense with information and documents. The CP grants VCS, with respect to the print materials provided by the CP, the non-exclusive copyright, neighboring rights, trademark rights, and any other rights required for the creation and publication of the advertisement in print, online, and all other types of telemedia, including the Internet, in particular the right of reproduction, distribution, transmission, broadcasting, making available to the public, extraction from a database, and retrieval, in each case to the extent necessary for the performance of the order in terms of time and content. The publisher shall additionally be granted the perpetual right to use the advertisement for their own promotional purposes and for the promotion of the respective publications. The aforementioned rights are granted without limitation to location and may be freely transfered to third parties. The CP shall bear the costs for necessary technical adaptations, conversions, or subsequent modifications.

46. Liability of the advertiser and indemnification

The CP warrants the advertisement and its content do not infringe any third-party rights, in particular copyrights, trademark rights, competition law rights, or personality rights. The CP shall indemnify VCS from and against all third-party claims upon first demand, including the costs of reasonable legal defense.

47. Defects, defect notices, and replacement advertisements

Obvious defects must be notified in writing without undue delay, but no later than seven (7) calender days after publication. In the event of justified defect notices, VCS shall, at their own discretion, remedy the defect or publish a replacement advertisement. Further claims are excluded unless intent or gross negligence exists.

48. Withdrawal, cancellation, and non-publication

Withdrawal or cancellation of the advertising order by the CP shall require written form. If the cancellation occurs after the advertising order has been accepted, VCS shall be entitled to claim the agreed renumeration less any expenses saved. VCS shall have the right to not publish advertisements for objectively justifiable reasons; in this case, the claim to remuneration shall cease.

49. Fees and payment terms

The remuneration for advertising orders shall be based on the respective agreed media data rate and shall become due upon publication of the advertisement, unless otherwise agreed. Part A section 3.11 of these GTC applies accordingly. The CP shall bear the costs for any changes to the print materials requested by or attributable to the CP. In case of complex typesetting work requiring more than the usual level of effort, VCS reserves the right to invoice such work in accordance with the actual effort involved. The agreed quality of the advertisements shall be the standard quality customary for the respective publication in accordance with the information contained in the price list and the order confirmation, within the limits of what is technically feasible, and as determined by the printing materials and the printing technology used by the printer. Prior to the digital transmission of printing materials, the CP shall ensure that the files transmitted are free from computer viruses. In particular, the CP is obliged to use commercially available protection software for this purpose, which must in each case be state-of-the-art. VCS reserves the right to claim damages from the CP if the publisher suffers damage as a result of malicious sources introduced by the CP.

50. Liability of VCS

For advertisement orders, the liability provisions of these GTC’s section 16 shall apply. Liability for indirect damages, loss of revenue, or deviations in reach is excluded to the extent permitted by law.