Dear customer,thank you for choosing ColourCompass to support your communication. To avoid any confusion, may we ask you to read our Terms of Business (Allgemeine Geschäftsbedingungen AGB) carefully. You will need to accept those Terms of Business in order to proceed with the booking and technical formalities.



Terms of Business (Allgemeine Geschäftsbedingungen AGB) for advertisements with ColourCompass | FarbenKompass

1. Applicability and validity of these Terms of Business (Allgemeine Geschäftsbedingungen AGB)
The following Terms of Business constitute an integral part of all offers and contracts published or entered into with the purpose of placing an advertisement in any of the following: www.ColourCompass.info, www.ColourCompass.eu, www.ColourCompass.co.uk, www.ColourCompass.de, www.ColorCompass.info, www.ColorCompass.eu, www.ColorCompass.de, www.FarbenKompass.info, www.FarbenKompass.eu, www.FarbenKompass.de, www.FarbKompass.info, www.FarbKompass.de, www.FarbReport.info, www.FarbReport.de, www.ColourReport.info, www.ColourReport.de, www.ColorReport.info or www.ColorReport.de and any subsidiary of them.
These Terms also apply to any future business contact even if they are not negotiated separately, nor explicitly quoted.
Any alteration of, or amendment to them are only binding if signed by both Parties, and confirmed in writing by the Editor of ColourCompass.info.
Since these Terms of Business are also made available in an English translation from the English edition of the above websites, you are reminded that only the German version is legally binding.


2. Booking an advertisement
Through sending a completed* Standard Form, or Advertising Contract, you enter a legally binding contract. By doing so, you acknowledge the Terms of Business (Allgemeine Geschäftsbedingungen AGB) and the current Media Tariffs.
* ["Completed" for the purposes of these Terms of Business refers to any entry on a Standard Form which provides those data considered "Required Information".]
You will then receive an eMailed Confirmation of your booking which gives you the possibility to check, alter or correct the data you provided. Once this proof has been returned, you have legally cleared the Advertisement for publication on the web in the next issue which can be met after standard editorial procedures (proof-reading, editing, etc.), if no other date of publication has been agreed. The period of publication is considered to begin with the publication of the Advertisement on the web.
Any booking which may contain indecent or illegal material or in any other way disregards human rights, legislation, governmental requirements, or the Code of Press or Advertising Standards, through contents, technical form or design, or which in any other way does not respect the Editor, may be refused without any reason.
In particular, we strongly oppose material which in any way gives the impression to support anti-democratic or extremist political views, to favour violence, to endorse xenophobia or nationalism, to discriminate minorities, or to contain pornographic details. We shall neither publish nor in any other way support such material, e. g. through providing a link. The Editor is independent in her judgement to either accept, or refuse, any publication on the grounds mentioned afore.
Anybody attempting a booking which is refused will receive immediate notification. There is no possibility to exercise any pressure on the Editor, or force her legally to publish a Booking once a Refusal has been issued.
In the event that an advertisement may not be recognized as such, the Editor is authorized to label the Advertisement as "Werbung", "Anzeige", "Commercial", or "Advertisement".

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3. Tariffs
If no other tariff has been agreed by both Parties and confirmed in writing through the Editor, all tariffs apply as published in the • Advertising Rates • which are currently valid. Please note that all tariffs are issued in Euro (€) and / or British Pound (£) and do not include English Value Added Tax (VAT). Special tariffs or discounts have to be offered by the Editor, and only apply if confirmed in writing.
Any extra fees which may arise from the preparation, or adaptation of any artwork, graphics, or advertising texts are not included in the Advertising Rates.
We regret that we cannot guarantee the exclusion of competing business ("Konkurrenzausschluss") from advertising in the same issue. This applies in particular to the "Golden Pages" which, by their very nature, assemble in a Directory everyone who is active in business.


4. Termination of contract, and withdrawal
You have the right to withdraw in writing, through letter or eMail, from the contract, within 30 days after having made the booking.
After these 30 days, you have the right to ask, in writing through letter or eMail, for either a suppression or termination of the publication; however, the full sum of the contract for the period booked will be invoiced. This does not apply in case the Editor is responsible for the termination of contract, of course.
The Editor has to reserve the right to either alter, modify, change, or restrict the websites mentioned above under 1., or of any part or subsidiary of them, at any times, or to expand, change, terminate or in any other way modify them. In case of termination, you will of course receive a proportional refund for any pre-paid invoice.
In those cases where you have opted for an automatic renewal of the contract when booking, you have the right to withdraw at any times during the period covered by the contract. In case you should wish to withdraw, you will be invoiced for the completion of the current period of the contract only.


5. Payment methods
All invoices will be issued in Euro (€) and /or British Pound (£), with the English Value Added Tax (VAT) quoted separately. You may choose either the German or the English version of the invoice.
The invoice will be sent to you after publication of your Advert, through ordinary mail or eMailed as an attached PDF-file to your chosen address. In case you have chosen ordinary mail, may we advise you that this attracts an extra fee for p&p. The full sum of the invoice is due within 30 days from the date of reception. May we ask you to quote the reference number of the invoice whenever you make a payment. Any fees which have been caused by the method of payment, e. g. fees for money transfer, foreign currencies, banking charges, etc., or through late payment, have to be met by you.
In the case you do not keep the period set for payment, the Editor is authorized to withdraw publication until the full payment has been received. Furthermore, the Editor has the right to accept any further booking only if pre-paid.
There are no deductions or bonuses for advance payment, pre-paid contracts, or for issuing the payment within the period of 30 days.

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6. Possibility to correct your advertisement
You will be notified about the publication of your advertisement when receiving the invoice. After receiving both, you have the right to correct, alter or change your advertisement once without any further charges. Any corrections, alterations or changes have to be eMailed to the Editor via • Feedback@ColourCompass.info •
In case you should wish any further corrections, alterations or changes to the advertisement agreed in the first place, you have to carry any extra charges incurred by this. This does not apply to an up-date of business address, telephone numbers or opening hours, which will be adapted free of charge upon request. The request has to reach the Editor in writing through letter or eMail.


7. Using graphic elements in advertisements
You have to include logos or any other graphic element in a digital mode ready for editing; for further technical specifications, please refer to the • Advertising Rates. •
The Editor cannot be held responsible for any deviation in colour of graphic elements which has been caused by the technical properties of the medium of reproduction. Additionally, the Editor cannot accept any responsibility for minor deviations in colour or definition of the graphic elements if caused by what are technical features characteristic of standard professional procedures. Neither the minor deviations, nor any other technical deficiency which is due to a fault on a higher hierarchical level beyond the Editor's responsibility, or an Act of God, may be used to motivate a Deficiency and / or the right to deduce any amount from the full sum of the contract, or to incur a penalty against the Editor.
Technical data needed for publication of the advertisement will not be returned automatically; if requested in writing beforehand, the publishing material will be returned against the charges for p&p. All publishing material, artwork, etc. will be automatically destroyed 90 calendar days after the termination of the contract.


8. Correctness and accuracy of advertisements
Texts contained in advertisements will not be automatically integrated but individually checked. The Editor undertakes to check all advertisements according to the quality standard set by professional procedures; however, she cannot be held responsible in case she has been misled or deceived, whether on purpose or unconsciously. It is exclusively your responsibility to assume full responsibility for the correctness and legal accuracy of the advertisement, and for any link contained within, or for observing all regulations that apply to marketing or copyright. You are particularly advised to assure that your advertisement does not affect the copyrights of any Third Party.
It is your responsibility to provide any material needed for publication in professional quality, and well in advance before the date of publication. If the material provided is faulty or in any other way deficient, the Editor will immediately call for material which meets the professional standards. The Editor cannot accept responsibility for any errors or mistakes in an advertisement which have been caused by the data provided or through any deficiency contained in the entry submitted on the Standard Form.

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9. Regulations in case of defect, fault or otherwise disturbed performance
If you have good reason to believe that there is a defect, fault, or any other feature which disturbs our performance, you have to let the Editor know the nature of your complaint in writing through letter or eMail. If, by accident or due to technical problems, a booked advertisement or entry has been not published, or not fully published, changed, or should be in any other way deficient, the Editor has the right for late improvement ("Nachbesserungsrecht"). In this case, the period of the contract will be extended beyond the date of termination, by the time it takes to achieve the improvement. The Editor undertakes to improve any defect, fault, or otherwise disturbed performance, which falls within her responsibility, as soon as possible. Any defect, fault, or otherwise disturbed performance does not justify to challenge the contract as a whole.
Apparent defects, faults, or otherwise disturbed performances have to be reported within 30 calendars from the time when you have received the invoice. Any defects, faults, or otherwise disturbed performances which are reported later, will be improved where possible; however, they do not attract any further obligation on the side of the Editor.
Should an entry be deficient, faulty or otherwise be disturbed which clearly expires after a certain date, e. g. as for entries in the calendar of events, you are entitled to a proportional reduction of the sum of the invoice, or to withdraw from the contract.
If the Editor is prevented from performing the contract due to a disturbance such as Act of God, strike, or any other circumstance for which she cannot be held responsible, whether in total or for a certain period, you are obliged to agree on an appropriate extension to allow the Editor to perform, or to agree on her withdrawing from the contract as a whole.
You are informed that the websites mentioned above under 1., and all parts or subsidiaries of them, can be accessed world-wide 7 days the week, 24 hours per day. However, the Editor cannot be held responsible for the accessibility. Any delay in, or suspension of the accessibility, which e. g. may be caused by technical maintenance or during peak hours, do not justify any liability on the part of the Editor.


10. Notice about Data Protection Act
As far as required to perform the contract, names and addresses of any business contact, and the data relevant for the contracts, have to be stored electronically and processed through computer technology.
We advise you that the data you have provided on the Standard Form, through an Advertisement, or in any other way cleared for publication, will be published and made available for the general public. This may include data which contain personal details, if you have cleared them for publication. Through submitting the form or mailing the material required for publication, you explicitly agree to publish all data contained within the entry or within an advertisement, on all of the domain names / websites mentioned above (under 1.).



11. Salvatory Clause
Should any part of these Terms of Business not comply with current legislation, fully or in detail, or not comply any more, this does not affect the Terms of Business as a whole, or any part of them.


12. Place of Court
Should the other Party be a legal entity, trade in Business or Commerce, or come under public law, the place of court for both Parties is Snape, Suffolk, England. Only the legislation of England must be applied.

All Terms of Business published earlier are considered invalid herewith.
Snape Bridge, 19 February 2008.

Thank you for reading carefully through these Terms of Business,

Colourfully yours,
C. Monika Koch, Editor.

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