GTC General Terms and Conditions LogistikNachrichten and GazetaLogistyka (as at: January 2023)
§ 1 General
1.1 Contractual Partner On the basis of these General Terms and Conditions (GTC), a contract is concluded between the Customer and Logistics Publishing Limited, at the address: Unit 3D North Point House, North Point Business Park, New Mallow Road, T23 AT2P Cork, Ireland, hereinafter referred to as the Provider. The VAT ID of the Provider is IE3651922LH. Managing Director of the Company is Olaf Oczkos.
Law Position of the Provider LogistikNachrichten.de and GazetaLogistyka.pl is a press entity of Logistics Publishing Limited. The responsible publisher Mr. Olaf Oczkos is a member of the German Association of Journalists. In accordance with German press law, LogistikNachrichten.de is voluntarily subject to the requirements of the Press Code of the German Press Council
(http://www.presserat.de/fileadmin/user_upload/Downloads_Dateien/Pressekodex2017_web.pdf) and the Code of Ethics of the German Association of Specialized Journalists (hyperlink: https://www.dfjv.de/ueber-uns/ethik-kodex).
§ Digital Services
§ 2.1 Publishing rights
Using the portal: LogistikNachrichten.de or GazetaLogistyka.pl, the provider offers the customer the opportunity to publish publications on the topic of logistics for a fee with the aim of reaching a wider range of readers by improving the position of the article using search engine optimization (further: SEO). The customer profits thereby from the readership already reached by LogistikNachrichten.de and the compiled position of the portal within the range of the SEO.
The Provider shall publish the Customer’s own articles prepared according to a predefined template or shall prepare and publish articles on behalf of the Customer. a) The Customer’s own articles prepared according to a predefined template:
In this case, the Provider shall agree on a publication schedule with the Customer by telephone and/or e-mail immediately after the conclusion of the contract, in which, in particular, the publication times of the articles shall be specified. In this context, the Customer shall also receive from the Provider binding specifications for the preparation of articles in order to optimize the publications in accordance with the purpose of the contract and to adapt the form of publication to the appearance of the LogistikNachrichten.de and/or GazetaLogistyka.pl portals. In particular, the Customer shall provide the article, the information about the keywords with regard to which the article is to be SEO optimized, a link through which the Customer wishes to publish the publication with its own Internet presence, as well as at least one thematically suitable photograph in HD 700×400 pixel format. The image rights belong to the customer. The customer is liable for all author’s rights violations and exempts the provider from liability. b) articles made especially for the customer:
In this case, the Provider shall produce the ordered number of articles after consultation with the Customer, taking into account the appearance and objectives of the LogistikNachrichten.de portal. The publications are put online on the portal LogistikNachrichten.de and/or GazetaLogistyka.pl according to an agreed schedule. The customer makes thereby defaults to the topic and co-ordinates with the offerer the catchwords and Keywords regarding SEO. The finished article text is agreed with the customer before publication. The customer decides on the approval of the publication. The prices for these services are made individually.
§2.3 Prices for publishing rights in packages or Star Eagle subscriptions
Publishing rights (also called placement fees) apply exclusively to a single customer. Corporate groups as well as PR or marketing agencies cannot use the publishing rights for multiple use for their subsidiaries or various mandates without our consent. An individual offer is required for the above mentioned situations. Invoicing of the service will be in English language as Digital Services – Publishing Rights.
The right of the provider to adjust the prices regularly remains unaffected. Due to the high demand for our services, it is not excluded to adjust the prices for the packages as well as for the subscriptions periodically at our own discretion. Customers have the possibility to conclude an individual contract for the purpose of price fixing for more than one year.
The right to terminate the contract without notice remains unaffected.
§2.3.1 Our packages
The publication of articles is paid for in the S, M, L or XL package in the Top Stories section. The current surcharges for extras can be found in the price table for each package. It is a so-called SEO digital product.
S – Package
In the S – Package the publication of a story is 600- EUR net per story. The S – Package includes 5 publishing rights in the Top Stories section. The total order value is 3000,- EUR net.
In the S – package the SEO optimization for one keyword per article takes place. The customer receives a backlink to his own homepage. The image size is 700×400 pixels.
M – Package
In the M – Package the publication of a article is 550- EUR net per article. The M – Package includes 10 publishing rights in the Top Stories section. The total order value is 5500,- EUR net.
In the M – package the SEO optimization for one keyword per article takes place. The customer receives a backlink to his own homepage. The image size is 700×400 pixels.
L – Package
In the L – Package the publication of a article is 500- EUR net per article. The L – package includes 20 publishing rights in the section Top Stories. The total order value is 10.000,- EUR net.
In the L – package the SEO optimization for one keyword per article takes place. The customer receives a backlink to his own homepage. The image size is 700×400 pixels.
In the XL- Package the price per publication is negotiated individually. The XL package is valid for a one-time order of 21 or more publishing rights. The XL – package includes publishing rights in the Top Stories section. The total order value is negotiable,- EUR net.
In the XL – package the SEO optimization for 1 keyword per article takes place. The customer receives a backlink to his own homepage. The image size is 700×400 pixels.
§2.3.2 Company News – Press Releases Package
The headline publication is paid in the Company News or PresseMitteilungen (Press Releases) annual subscriptions, which are based on unlimited publishing rights.
The Company News subscription includes unlimited publishing rights in the Company News section. The total order value is 3000,- EUR net per year.
The Company News subscription does not include SEO optimization. The customer is integrated through an RSS feed and receives a backlink to his own homepage. The image size is 700×400 pixels and will be scaled accordingly for the homepage. The publications remain for up to 4 years in the net (LogistikNachrichten.de) measured after the invoice date.
PresseMitteilungen (Press Releases)
The PresseMitteilungen (Press Releases) subscription includes unlimited publishing rights in the PresseMitteilungen section. The total order value is 3000,- EUR net per year.
The Press Releases subscription does not include SEO optimization. The customer is integrated through an RSS feed and receives a backlink to his own homepage. The image size is 700×400 pixels and will be scaled accordingly for the homepage. The publications remain for up to 4 years in the net (LogistikNachrichten.de) measured after the invoice date.
§2.3.3 Keyword Rental Package
The publication of the customer’s company with a backlink takes place for a fee in the already SEO optimized professional article. The placement takes place in close coordination with the customer and the editorial staff in accordance with the article text. There is no claim to exclusivity in the article. Other companies even from the same market sector can also be linked in the article. The customer has no claim after placing the customer name and backlinks in the article to additional or later changes. This is up to the journalistic activity of the editorial office.
SEO Article The Keyword Rental package includes the name with backlink in the SEO Article section for a single article. The total order value is 3000,- EUR net per year. Only after receipt of payment the time count for the placement is valid. The Keyword Rental contract is for an indefinite period of time and will be sent to the customer for signature after the order is placed.
The SEO ranking is valid at the conclusion of the contract and may fluctuate at any time. The provider cannot assume any liability for the selected SEO ranking. The risk is borne solely by the customer. When ordering, the customer informs us of the desired SEO item for placement.
§2.3.4 Our Star Eagle Keyword Rental Packages
The placement of the customer’s company with a backlink is done for a fee in the Bronze, Silver, Gold Sternadler packages based on already SEO optimized professional articles. The placement is done at our discretion. There is no claim to exclusivity in the article. Competitors of the client can also be linked in the article. This has to do with journalistic freedom.
Bronze Star Eagle Keyword Rental 5-Package
The Bronze Star Eagle subscription includes 5 placements in the SEO article section. The total order value is 5000,- EUR net per year. Only after receipt of payment the time count for the placement is valid.
Silver Star Eagle Keyword Rental 10-Package
The Silver Star Eagle Subscription includes 10 placements in the section SEO-Articles. The total order value is 8000,- EUR net per year. Only after receipt of payment the time count for the placement is valid.
Gold Star Eagle Keyword Rental 20-Package
The Gold Star Eagle Subscription includes 20 placements in the section SEO-Articles. The total order value is 14000,- EUR net per year. Only after receipt of payment the time count for the placement is valid.
For all the above packages, the SEO ranking is valid at the conclusion of the contract and may fluctuate at any time. For the selected SEO ranking, the provider can not assume liability. The risk is borne solely by the customer. When ordering, the customer informs us of the desired SEO item for placement. The contract for the Keyword Rental packages runs for an indefinite period of time and will be sent to the customer for signature after the order.
§2.3.5 NewsTicker Widget
The customer can install a NewsTicker Widget on his homepage for an annual fee of 1000,- EUR. The configuration is done via a special subpage.
2.4 Editorial decision
The final decision on the publication of an article remains with the provider.
In particular, the Provider shall be entitled to refuse the publication of one or more articles at its appropriate discretion. This applies in particular if the articles violate legal provisions, if their content has been objected to by the German Advertising or Press Council in a complaints procedure, or if their publication is unreasonable for the Provider due to their content, origin or technical form, if the article, due to its format or presentation, gives the reader the impression that it is part of the LogistikNachrichten.de online service or the Provider’s own online service, if it contains third-party advertisements, or if it simply runs counter to the presentation and purpose pursued by the “LogistikNachrichten.de” portal. The client will be notified of the rejection of an order immediately after becoming aware of the content in question. Online articles that contradict these provisions may also be subsequently removed from the online offering of the “LogistikNachrichten.de” platform.
2.5 Place of publication
The article publication takes place on the website: LogistikNachrichten.de and or GazetaLogistyka.pl. The publication will be provided with the notice that the customer alone is liable for the content of the article. The publication will be linked to a website of the customer by the provided link. We accept link to the first page of the customer’s homepage, to a dedicated landing page of a product or contact. The link must not have any references or features to marketing campaigns for SEO reasons. The provider guarantees that the published articles will remain online for up to 4 years depending on the purchased publishing rights or placement fees. The date of invoice shall be considered the time measurement point.
2.6 Commercial Customers
The offer is directed solely at companies and commercial users with a valid EU VAT identification number. Therefore, by submitting the offer to conclude the contract of use, the customer confirms that he is in no case a consumer within the meaning of § 13 BGB.
2.7 Cloud Solution
The Provider guarantees the proper technical functionality of the Online Service. The operation of the Online Service is carried out by the Provider on hosted servers of the ISP checkdomain.de in Germany. If there is a temporary loss of service due to a malfunction or failure of the servers at the third-party provider, the provider is exempt from liability.
2.8 Technical requirements
The provision of the technical requirements for the proper and error-free receipt, retrieval and visualization of data, which is carried out by the provider as a result of the service, is the responsibility of the customer. It is hereby expressly pointed out to the Customer that the Customer shall satisfy himself of his technical prerequisites (e.g. valid e-mail address, no activation of SPAM or junk mail filters) before placing the order and shall guarantee these. The provider recommends the use of the latest version of the following browsers: “Internet Explorer, Mozilla Firefox, Chrome, Opera, Safari” The provider expressly points out that the sender e-mail address domains @logistiknachrichten.de or @logisticspublishing.de. @logisticspublishing.de or @logisticspublishing.com must be listed or entered on the customer’s so-called white list so that e-mails sent by the provider can be properly received and viewed. The online service has been developed for PCs, tablets and smartphones. Correct display on mobile devices of other types may differ due to various updates.
§ 3 Formation of the contract
The contract between the customer and the provider comes cumulatively through: a.) the online order is placed on the website of the provider: https://www.logistiknachrichten.de/preisliste. Without correct input of the value added tax identification number (for example Ust.-IdNr. in Germany and/or UID in Austria) the contract does not come off. b.) the agreement to the general trading conditions of the offerer by the customer, c.) the payment of the owed payment, d.) the acceptance by the offerer. The acceptance by the provider takes place at the latest with the provision of access to the paid service. e.) the submission of the declaration by the customer that he is the sole owner of the copyrights to the article and photos to be published.
§ 4 Payment
4.1 PDF Invoice Payment shall be made exclusively by advance payment by bank transfer after receipt of the invoice. The invoice will be sent exclusively in PDF format by email.
4.2 Payment deadline
The invoice amount is to be paid in advance after receipt of the invoice, which contains all the details for the transfer and is sent by the provider with an email, to the account of the provider indicated there. The customer is obliged within 10 days after receipt of the invoice to pay or transfer the stated amount to the account indicated on the invoice.
4.3 Default of payment
If the user does not meet his payment obligations, the provider is entitled, subject to further claims, to block the user’s access to the chargeable services as long as the payment has not been made.
§ 5 Warranty 5.1
The Provider places the online service LogistikNachrichten.de online and places the ordered publications there. Unless expressly stated in the service description pursuant to § 2 of these General Terms and Conditions, the Provider does not make any specific assurances regarding the functionality and availability of the online service or assume any guarantees in this regard. In particular, the Provider does not make any promises regarding the content of the Service, nor regarding specific functionalities of the Service or its reliability, availability or suitability of the Service for purposes that the Customer intends to pursue with the Online Service. The Service is provided in its current form.
5.2 The warranty for defects occurring is limited to six (6) months.
5.3 The Provider has the right to choose between a repair or a new delivery in case of a supplementary performance. The supplementary performance is usually carried out by way of crediting one or more publications. This shall not apply in the event of gross negligence and intentional breach of duty by the Provider, its representatives or vicarious agents.
5.4 In all other respects, the statutory provisions shall apply.
§ 6 Revocation of the contract
A right of revocation with regard to the contract is excluded.
§ 7 Liability The Provider is only liable for losses or damages incurred by the Customer through the use of the online portal LogistikNachrichten.de – regardless of the legal grounds – if the damage was caused by intent or gross negligence on the part of the legal representatives or vicarious agents of the Provider or if a cardinal obligation (contractual obligations, the fulfillment of which make the proper execution of the contract possible in the first place and the observance of which the contractual partner may regularly rely on, and the violation of which on the other hand endangers the achievement of the purpose of the contract) was violated through slight negligence. The provider is only liable for foreseeable damages. Liability for indirect damages, in particular consequential damages, unforeseeable damages or atypical damages as well as lost profits is excluded. The same applies to accidental damage and force majeure. A liability of the provider for personal injury remains unaffected by this exclusion and limitation of liability. In all other respects, the liability of the provider is excluded.
§ 8.1 Ownership
If the customer orders the publication of his own articles, he expressly declares to be the copyright holder. The customer releases the provider from any copyright liability.
8.2 Customer declaration
The Provider makes a corresponding declaration to the Customer if he prepares articles for the Customer for publication on LogistikNachrichten.de.
8.3 Applicability of the Copyright Act
If not regulated here, copyright protection is governed by the German Copyright Act.
§ 9 Data protection
9.1 Legal situation according to EU-DSGVO
Personal data is collected in accordance with the legal provisions. In particular, according to REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of individuals with regard to the processing of personal data, on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation), EU-DSGVO.
9.2 Duty of Consent
The Provider shall not disclose any personal data of the Customer to third parties unless it would be legally obliged to do so or the Customer has expressly consented to this in advance. The Customer expressly agrees that the Provider may collect and use the collected personal data of the Customer beyond the purpose of the contract for the following purposes: – for its own marketing purposes; – for reference purposes.
9.3 Reference to third-party providers / use of Google Analytics.
The Provider uses Google Analytics, a web analytics service provided by Google Inc (“Google”) 1600 Amphitheatre Parkway, Mountain View, Ca 94043, USA. Google Analytics uses so-called “cookies”, text files that are stored on the computer of the user of the provider’s website and that enable an analysis of the use of the provider’s website. In this process, non-personal data of a website visitor is collected. The information generated by the cookie about the use of the website is usually transmitted to a Google server in the USA and stored there. In the event that IP anonymization is activated on this website, however, the user’s IP address will generally be truncated beforehand by Google within member states of the European Union or in other contracting states to the Agreement on the European Economic Area. The storage of cookies can be prevented by a corresponding setting of your browser software. The provider points out that in this case not all functions of this website can be used to their full extent. Another way to prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) to Google and the processing of this data by Google can be done by downloading and installing a browser plugin under the following link: (http://tools.google.com/dlpage/gaoptout?hl=de). The provider points out the possibility to learn more about the cookie function by calling the following service of Google Inc: https://www.google.de/intl/en/policies/technologies/cookies/.
9.4 Reference customer consent
The provider is entitled to name the customer for reference purposes after obtaining the customer’s consent. Information about the company name, company headquarters, company logo may be published. The customer’s consent is given by way of online consent via the opt-in box provided.
§ 10 Prohibition of assignment and pledging
Claims or rights of the customer against the provider may not be assigned or pledged without the provider’s consent, unless the customer has proven a legitimate interest in the assignment or pledge.
§ 11 Language, Place of Jurisdiction and Applicable Law
The platform is available to all business customers within the EU and outside the EU in accordance with EU law. For disputes arising from the contract, the court is locally and factually responsible in the country of the customer. The German version of the contract is valid for customers from Germany, Austria and Switzerland.
§ 12 Severability Clause The invalidity of any provision of these GTC shall not affect the validity of the other provisions of the GTC.
§ 13 Implementation of the ODR Directive Online – Dispute Resolution pursuant to Art. 14 para. 1 ODR – VO The European Commission provides a platform for online dispute resolution (OS), which you can find at ec.europa.eu/consumers/odr/