Fundort

IT Hub GmbH, see the Legal info section for contact details. By transmitting an advertisement or by using the Internet pages, you agree to these terms and conditions of business for private individuals with the complementary "legal notices" and avouch that yours is a private opportunity advertisement.

The advertiser is solely responsible for the origin and content of his/her advertisements. He/she may not violate the rights of third parties or make any false or misleading statements.

A classified ad may contain, including contact details (e.g. telephone number) up to 1000 characters. IT Hub GmbH can refuse advertisements.

The data of the advertiser is stored and further processed. You will not be made accessible to third parties except to the extent of publishing the advertisement, to protect interests when clarifying abuse, to pursue the law or when forwarding to law enforcement bodies and third parties whose interests have been violated.

See >>("Legal notice") for more of our conditions.

General terms and conditions of business for online advertisement orders of IT Hub GmbH, Erlachstrasse 25, CH-8003 Zürich, hereafter referred to as "IT Hub GmbH".

§ 1 General

"Online advertisement order" in the sense of the following general terms and conditions of business is the contract on disseminating one or more of a customer's advertising material, or other interests, over the Internet in the IT Hub GmbH network. For handling online advertisement orders, the following terms and conditions of business and the current price list apply exclusively. General terms and conditions of business of customers of IT Hub GmbH or other third parties do not apply, even if IT Hub GmbH does not explicitly disagree to them and/or perform the services without contradiction.

§ 2 Conclusion of the contract and acceptance of the advertisement

An online advertisement order between the customer and IT Hub GmbH comes about only after written confirmation by e-mail, post or fax, and at latest upon placement of the advertisement. Verbally or telephonically given confirmations are not legally binding. If advertising agencies place orders, the contract is made with the respective agency, subject to other agreements.

If IT Hub GmbH seeks the services of third parties to provide the offered services, these third parties do not become contractual partners of the customer. IT Hub GmbH reserves the right to accept or refuse advertisement orders and also to reject them for legal, moral or similar reasons after conclusion of the contract. This also applies to online advertisement orders that are not made by IT Hub GmbH but were arranged by their representatives or other receiving offices. The customer has the right to be informed of the reasons for rejection. If the customer is not in a position to provide an altered advertisement that complies with the requirements of IT Hub GmbH, the customer has a right to reimbursement of paid sums. The enforcement of other claims is explicitly excluded. IT Hub GmbH also reserves the right to delay the placement time for any length of time due to technical or other causes.

§ 3 Services of IT Hub GmbH

The extent of the agreed services arises from the online advertisement order. IT Hub GmbH guarantees the customer the best possible reproduction of the advertising material according to the current, typical technical standard. The customer knows, however, that at the current state of technology, it is not possible to create a completely error-free program. The agreed advertising material will be placed on the amicably specified page. In the absence of specification, IT Hub GmbH will place the advertisement at its own discretion, under greatest consideration of the customer's apparent interests. IT Hub GmbH reserves the right to extend, modify and improve the services. It is on principle not possible to exclude competition of a customer. Services offered free of charge may be ceased or continue to be offered at a charge. A claim for reduction, reimbursement or damages cannot be made against this.

§ 4 Services of the customer

The customer ensures that he/she will provide the necessary information, data, files, respective destination addresses of the links and other material required for placing the online advertisement order at the latest five (5) working days before the time of initial placement, completely, free of errors and pursuant to the contractual obligations and at his/her own cost. The customer guarantees that the material is suitable for the agreed purposes, in particular for screen display in the appropriate environment and in the contractually agreed type and size.

IT Hub GmbH assumes no liability for the material supplied and is in particular not obliged to store or return such material to the customer. The customer must examine the placed advertisement immediately after it has been placed and to recall errors within three working days of its initial placement. After this period, the online advertisement and the manner in which it is published is considered approved.

Unless otherwise agreed, the customer is obliged to pay the agreed charges according to the currently valid general price list, plus the value added tax to be charged on top of it, by the due date. If the customer does not adhere to the delivery times and the online advertisement cannot or can only partially be published on time, it does not affect the right of IT Hub GmbH to payment of the agreed remuneration. The customer is obliged to keep all passwords secret and to change them or demand they be changed if there is any suspicion that unauthorised third parties have obtained knowledge of them.

§ 5 Conditions of payment

The invoice for the services of IT Hub GmbH will be created on the first day of appearance of the online advertisement order, or at the latest at the end of the month in which the order is made. If there is no prepayment agreed, the invoice must be paid within ten working days after creation of the invoice, without deduction. Cancellation of orders by the customer is on principle possible and must be done in writing. There are no cancellation fees for cancellations made up to 4 weeks before commencement of the campaign.

Up to 1 week before the campaign, a 10 % handling fee applies, after this and during the campaign, incoming cancellations will be charged at a flat rate representation allowance of 30 % of the net booking volume of the current order. Page exposure provided up until the date of cancellation will be charged in addition. Upon late payment from the customer or deferral, interest on arrears and collection fees will be charged. The right to assertion of greater damages remains reserved.

Upon late payment, IT Hub GmbH can defer the execution or continued execution of the current contract until payment. The right to change the advertised price remains explicitly reserved. The price list published in the Internet at the time of placement of the order applies. Price changes for online advertisement orders confirmed by IT Hub GmbH are effective only if IT Hub GmbH has announced them at least one month before commencement of the campaign. In the case of a price increase, the customer has the right to withdraw. This right must be exercised within five working days of receiving the notification of the price increase. Advertisement arbitrators (including advertising agencies) are obliged to adhere to the advertisement prices of IT Hub GmbH in their offers, contracts and invoices with third parties. The costs for producing advertising material, graphics and/or advertising text messages are not included in the advertisement prices.

§ 6 Liability

IT Hub GmbH is liable for damages only in the case of intent or gross negligence. IT Hub GmbH and its representatives or vicarious agents are only liable for damages, in particular due to delay or failure to perform, faulty performance or unauthorised handling, upon violation of cardinal obligations. These are such that the customer can notably trust in their fulfilment. The liability for gross negligence is limited in the way usual in such cases to foreseeable damages. IT Hub GmbH is not liable for technical failure or failures outside the sphere of influence of IT Hub GmbH.

IT Hub GmbH is liable only for direct damages, though not for indirect damages and/or foregone profits caused by the customer or third party. In terms of the amount, IT Hub GmbH is in no case liable for a higher damages amount than the (net) invoice amount payable by the contracting body. All claims for damages made by the customer against IT Hub GmbH are subject to a limitation period of six months after the damages occurred. The customer assumes the responsibility for advertising.

He is in particular responsible for the advertisement complies with regulations of press law and competition law. The customer assures that he is the owner of copyright, trademark, ancillary copyright, personal and other rights to the data he provides (e.g. texts, photographs, graphics, files, sound storage media and video tapes etc.) or has purchased such. The customer indemnifies IT Hub GmbH from all claims made by third parties that can arise due to the partial or complete execution of the order.

§ 7 Final clause

Changes and amendments to these general terms and conditions of business and subsidiary agreements must be made in writing to be effective. This also applies to changes or amendments of the clause on written form. The transmission of the required necessary form by facsimile or electronic media is also sufficient.

Should a condition of this agreement be or become completely or partially ineffective, it does not affect the effectiveness of the remaining conditions. Moreover, in place of ineffective conditions, a replacement condition that meets or at least approaches the whole purpose of the agreement that the parties would have made in order to reach the same economic result had they known of the ineffectiveness of the condition applies. The same applies accordingly to incompleteness of the conditions. The exclusive jurisdiction for all disputes is where IT Hub GmbH is based if the customer is a salesman in the sense of the Handelsgesetzbuch, [Commercial Code] or if the customer has no domicile or habitual abode in Switzerland upon filing the suit. The formal and material law of Switzerland applies.