General Terms and Conditions for the Use of Tagesspiegel Background
(as of 03.09.2018)
§1 Scope and definitions
1. The business relationship between the publisher Der Tagesspiegel GmbH (hereinafter referred to as “Tagesspiegel”) and the licensee of the Background service is governed by these general terms and conditions in the version valid at the time the license agreement is concluded, unless otherwise agreed.
2. Conflicting, deviating or supplementary general terms and conditions of the licensee shall not become part of the contract unless the Tagesspiegel expressly agrees to their validity. These general terms and conditions shall also apply if the Tagesspiegel performs the services without reservation in the knowledge that the licensee’s terms and conditions conflict with or deviate from these general terms and conditions.
3.”Licensee” shall mean the contractual partner of Tagesspiegel specified in the license agreement. Licensee may be a natural person or a legal entity.
4. “Authorized User” is a natural person who is authorized to use the Background policy briefing in accordance with the license agreement. Authorized users are only those natural persons who are either shareholders of the licensee at the time of conclusion of the contract or who are in a service, work or training relationship with the licensee. Direct or indirect use by other persons is not permitted.
§2 Description of the service
1. Tagesspiegel Background combines relevant information, dates, news and backgrounds from various policy areas into a digital briefing (hereinafter referred to as “Background”), which is made available to its licensees by e-mail. Access is only permitted to authorized users and requires the conclusion of a license agreement in accordance with these general terms and conditions.
2. In addition to a user agreement, the retrieval of content requires a connection to the internet, the costs of which are not included in the sales price.
3. Registration as a licensee results in a user contract with the publisher Der Tagesspiegel GmbH (hereinafter referred to as “Tagesspiegel”).
§3 Registration for Tagesspiegel Background
1. Tagesspiegel Background can be ordered by registering online at www.background.news With the registration a database entry is created, in which name, address, telephone number and email of the customer are stored. When ordering, truthful information must be provided.
2. The chargeable use is initially preceded by a free test phase. The free test phase only becomes a license agreement if the licensee agrees to it. The licensee agrees that the Tagesspiegel will contact him or her during or after the test phase either by phone or email.
3. The fee-based license agreement between Tagesspiegel and the licensee is only concluded when Tagesspiegel confirms the order to licensee at the end of the free trial period.
4. The Tagesspiegel is entitled to refuse registrations without giving reasons.
5. The general trading conditions are to be seen at any time under: http://background.tagesspiegel.de/agb.
§4 Right of withdrawal for consumers
1.The Tagesspiegel grants licensees who are consumers a right of revocation in accordance with the following revocation instructions.
2. Consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to either his commercial or his self-employed professional activity (§ 13BGB).
1. Right of revocation
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period shall be fourteen days from the date of conclusion of the contract. In order to exercise your right of withdrawal, you must inform us (Verlag Der Tagesspiegel GmbH, Askanischer Platz 3 in 10963 Berlin, telephone: 030 -29021-11424, fax: 030-29021-11430 e-mail: firstname.lastname@example.org) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter, fax or e-mail sent by post).
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
2. Consequences of revocation
If you revoke this Agreement, we will refund to you all payments we have received from you, including delivery charges (other than additional charges resulting from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date we receive notice of your revocation of this agreement. We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund.
§5 Right of withdrawal for consumers
1. The license price valid at the time of the conclusion of the contract shall be the individually agreed license price. License fees are to be paid in advance and are due immediately. The licensee has the choice between a quarterly or an annual billing cycle.
2. The use of Background is not tied to the purchase of another subscription from the publisher “Der Tagesspiegel”.
3. All prices – insofar as they are not expressly designated as gross prices – are subject to the statutory value added tax applicable at the relevant time.
§6 Payments, price increases
1. The remuneration for Tagesspiegel Background shall be paid in advance. Publisher’s invoices are due for payment without deduction immediately upon receipt by licensee.
2. The licensee may choose between direct debit, SEPA direct debit, bank transfer and invoicing for payment of the license fees.
3. The licensee agrees that proofs of the fees may be sent to him in electronic form to the e-mail address specified by him. If the licensee wishes to receive electronic billing documents in paper form after they have been made available, the Tagesspiegel may charge a separate fee for this.
4. Should an increase in the licence price occur during the contract period, the subscription price valid at the time of the increase shall be paid. The prepaid license fees are guaranteed for the period of the prepayment and cannot be increased. Subscription price increases shall be announced to licensee prior to their effectiveness.
5. If the licensee is in default of payment, Tagesspiegel reserves the right to charge a reasonable handling fee from the second request for payment onwards. The same shall apply to costs incurred by the publisher in the event of return debits. If the involvement of a debt collection agency is to be regarded as necessary and expedient for damage prevention, Tagesspiegel may assert any debt collection costs incurred against the licensee as damages.
§7 Rights of use for Tagesspiegel Background
1. The licensee receives the current issue of Tagesspiegel Background by email.
2. Tagesspiegel Background is only permitted for personal use. The passing on of content to third parties and/or duplication, in whatever form and for whatever purpose, is expressly prohibited. If the licensee is a legal entity, the transfer/multiplication is only permitted to authorized users within the meaning of § 1 clause 4.
3. The Tagesspiegel reserves the right to terminate the license agreement with immediate effect if contents of the Tagesspiegel Background are passed on to unauthorized third parties.
1. The use of Tagesspiegel Background is exclusively permitted for own purposes. The use does not include the further processing or passing on of the contents in extracts within the own organisation. Amendments to this agreement may be made in writing. The passing on of contents to third parties is prohibited, irrespective of the purpose and type of passing on.
2. Any use or exploitation of the copyrighted Tagesspiegel Background beyond the scope of § 8, in particular through duplication, distribution, digitalisation, storage, on any medium and in any technical form, e.g. in inter- or intranets, is prohibited.
3. The Tagesspiegel is entitled to take technical measures to document use beyond the permissible scope. The information obtained in this way is used by you to ascertain the scope of use of Tagesspiegel Background and, should the actual scope of use exceed the contractual scope, to submit to you an offer corresponding to the actual scope of use by e-mail, telephone or other means of distance communication.
4. The Tagesspiegel is also entitled to take technical measures to prevent use beyond the permissible scope, in particular to install appropriate access barriers. Further rights and claims of the publisher, in particular the right to extraordinary termination for good cause and claims for damages shall remain unaffected.
§9 Warranty and liability
1. The Tagesspiegel is not responsible for the non-appearance of the digital edition due to service disruptions on the internet, as a result of force majeure or due to disruption of industrial peace as well as in the event of a business interruption or system failure. Temporary interruptions of operations due to the usual maintenance times, system immanent disturbances of the Internet with external providers or with external network operators as well as in the event of force majeure are possible.
2. The Tagesspiegel is liable for damages caused by intent or gross negligence. The same applies to claims for damages resulting from the assumption of a guarantee. The Tagesspiegel shall be liable in accordance with the statutory provisions if a material contractual obligation which belongs to the provision of Background (cardinal obligation) is culpably breached. In the event of a breach of a cardinal obligation, the claim for damages shall be limited to the foreseeable, typically occurring damage. This claim for damages shall expire within 12 months after the provision of Background.
3. Liability for culpable injury to life, limb or health shall remain unaffected; this shall also apply to mandatory liability under the Product Liability Act.
4. In all other respects, liability on the part of Tagesspiegel is also excluded for employees, representatives and vicarious agents of Tagesspiegel.
1. After conclusion of the license agreement of Background, a 14-day right of revocation exists for consumers in accordance with § 4 of these general terms and conditions.
2. The licence agreement can be terminated with 6 weeks’ notice to the end of the year of purchase. In the case of concluded commitment periods, termination of the license agreement is possible for the first time after expiry of this period. Subsequent the term of the contract will be extended by 12 months with the same period of notice.
3. Termination must be in writing (by post, fax or e-mail). The Tagesspiegel reserves the right to terminate the license agreement without notice for good cause. This includes in particular the forwarding of content from Background to third parties by licensees or users assigned to them in violation of the contract. The right to terminate for good cause remains reserved.
§11 Contact and use of the license data
1. The Tagesspiegel is entitled to inform the licensee within the scope of the contract handling also in electronic form to his license contract. User data will not be passed on to third parties. Objection to this can be made at any time in writing: email@example.com
§12 Place of jurisdiction
1. The place of jurisdiction for legal disputes resulting from the regular use of Background shall be Berlin, provided that the licensee is a merchant or a legal entity under public law or a special fund under public law. The same applies if the licensee does not have a general place of jurisdiction in the Federal Republic of Germany.
2. Collateral agreements to the license agreement or these general terms and conditions must be made in writing.