GTC – Kantar Media GmbH
General terms and conditions for media monitoring and analysis services
Barmbeker Straße 2
Tel.: +49.40.28805817-0 | Fax: +49.40.28805817-16
Barmbeker Str.6 a
Tel.: +49.40.378548-0 | Fax: +49.40.378548-20
CEOs: Jörg Kramer, Jean-Michel Portail
Responsible for content: Jörg Kramer
VAT Identification number: DE 216538808
Commercial register: HRB 101855 District Court Hamburg
Subject of the contract and start of the contract
Kantar Media GmbH continuously searches, within the framework of digital monitoring individual search profiles in all standard media formats, primarily with the aid of state-of-the-art search technologies. Due to the necessary programming and technical setting of the monitoring, the media monitoring begins as soon as it has been confirmed by Kantar Media GmbH. The client will then receive a written order confirmation. Unless the contract has not yet become operative beforehand, e.g. through a written or verbal contract, the order confirmation is effective as a binding conclusion of the contract, unless no written objection has been received. Kantar Media GmbH is authorized to decline orders without giving reasons.
The electronic transmission of articles from print publications and of full texts from online publications is binding for license fees under the German law. The client is obliged to make a corresponding contract with the holder of the licensing rights as well as to pay the agreed hires. Kantar Media GmbH is neither liable for the hires, nor for the correctness of the underlying client data, nor for the copyright conform use of already finally delivered research results at the client’s premises. Kantar Media exclusively points out that the copying and storing of print articles beyond the measures agreed on with the copyright holder is not permitted. The client is liable for own infringements against applicable copyright regulations and releases Kantar Media GmbH from claims of third parties regarding this matter. As far as the storage of the leased storage space takes place on the Kantar Media systems, Kantar Media undertakes the regular deletion within the client-side provisions agreed on with the license holder or the legal copyright regulations. As far as license fees are also paid for international delivery, they are either, in accordance with the legal regulations of the respective country, charged by Kantar Media GmbH together with the particular contribution fees or in addition, also paid directly by the client.
Delivery of research results and limitation of liability
Kantar Media searches keyword related in the media on customer order. For the production of digital copies, Kantar Media can employ an external service provider. Due to the realisation of evaluation services by technical processes and editorial office, Kantar Media cannot accept any liability for the completeness of content. Claims for compensations by the client against Kantar Media GmbH concerning incorrect evaluation and research results are not an option. This is explicitly accepted by the client. Kantar Media does not accept any liability for a successful research, but solely owns the effort to achieve the hoped-for success. Unless time-based packages of the delivered articles are not agreed on but on individual invoices instead, a return authorization is possible to exchange single incorrect delivered clippings for a credit of the item price. Regards to quality, reclamations have to be made exclusively with the reclamation-system within the Kantar Media System. Only legitimate complaints placed via the system within one week after the delivery date will be accepted. Failures due to force majeure or strike do not release from the obligation to pay the monitoring fees. All digital deliveries are at the risk of the recipient.
Kantar Media explicitly reserves the right to change the media programme. The client receives by request a list of the current media programme via e-mail.
All component parts of Kantar Media Services, whether they are of technical, editorial or analytical nature, are intellectual property of Kantar Media GmbH and underlie international designs treaties as well as the applicable laws of the particular country, in which the product is used. Especially the structure, layout, content, software code and product code are production secrets and sensitive information of Kantar Media GmbH.
Invoice, payment method, foreign deliveries
Invoices are issued once a month from the beginning of the contract. The invoices are due and payable immediately upon receipt. Valid prices are on the currently valid price list or on the order confirmation. Payment is possible using debits by the grant of revocable permission. If the payment is not made within 14 days of invoice, Kantar Media is entitled to charge 5,00 EUR for the second reminder and 10,00 EUR for the third reminder as well as an interest of 1% per month. As far as payments are made from foreign banking institutes, a deduction of 10 EUR can be carried out by the banking institution. The sales order is obliged to compensate Kantar Media for these bank fees.
Price escalator clause
In the case of increasing costs after contract conclusion concerning all contracts that run for more than four months due to rising prices of our suppliers, material price increases or further measures beyond our area of influence, like changes in law, energy crisis, import restrictions – with a notification period of two weeks to the end of the month – an appropriate price adjustment is made on the first day of the following months, with a maximum amount of the actual cost increases. Should the increase exceed 5% of the agreed price, the client has the right of termination of the affected integral parts of the contract.
Duration and termination
During the period in which the purchaser is a client, Kantar Media holds out technical and personal infrastructure for searching. It is possibly that a monthly search profile fee also arises even if there are no research results for concrete keywords recorded. The minimum duration of a single keyword search is four weeks. Individual keywords can principally be changed, if consulted. As long as the contract goes for an indefinite period, the termination of the research contract is four weeks to the end of the months. In special cases, the rules of the order and confirmation order are applicable. Unless a termination is not made in due time, it is applicable for the next possible date of termination. All terminations must be given in written form.
For order processing, Kantar Media GmbH saves the address and contract related data of the purchaser. The purchaser explicitly agrees herewith.
Final provisions, severability clause and legal domicile
The contract is subject to German law. Terminations of this license agreement must be given in written form. The legal domicile is Hamburg. Should any provision of this contract be or become invalid in whole or in part, the validity of the remaining contract shall not be affected. The invalid term shall be replaced by a valid term that closest reflects the meaning of purpose of the invalid term.
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