General Terms and Conditions (GTC) of openPR
VAT ID: DE205195976
The following conditions apply for the usage of the press portal ”openPR“ (hereinafter referred to as ”openPR“) of Einbock GmbH, Prinzenstr. 1, 30159 Hannover (hereinafter referred to as “Provider”).
Deviating conditions by the User are not recognised unless the Provider expressly agrees in writing to their validity.
2. Scope of performance / Contractual subject
2.1. The Provider offers the following variants of usage to Users:
2.2. Scope of performance of the free press release
Contractual subject is the cost-free publication of max. 1 press release per day on openPR. The only contractual obligation in this context is the opportunity to publish the User’s press release. A publication of the press release of the User on openPR is neither assured nor subject of the contract. The Provider points out to the User that the publication of the submitted press releases is left to the sole discretion of the provider who may reserve the publication, modification or deletion of the press release in the course of its preliminary review.
2.3. Scope of performance of the pay press release
Subject of contract is the professional drafting of a press release on the basis of the information provided by the User, including a consultation appointment (max. 30 min.). During the subsequent coordination a correction step is considered. Page boundary max. 3000 characters.
2.4. Scope of performance of the final edit
The Provider revises your press release, checks it for spelling and form mistakes and posts it with an image on openPR for you. In addition, the Provider presents the release with an image in the section "openPR Premium" (2.5.) for at least 48 hours in the immediately visible area on top of the start page and in the newsletter. No page boundary!
The Provider presents your press release with an image in the section "openPR Premium" for at least 48 hours in the immediately visible area on top of the start page and in the newsletter.
2.6. Press release processing / deletion
Subject of contract is the deletion or modification of the User’s press release by the Provider’s website.
2.7. Online press mailing list Top50
Distribution of your press release via online press mailing list to our Top50 online press portals.
After your order you will receive an email with a link for sending your press release. When you have clicked on this link you are able to distribute your press releases on your own.
You are given the opportunity to choose or deselect self-determined press portals for distribution. Furthermore, you can determine the time of the distribution. After about 48h you then will be sent email delivery report.
Upon distribution of your press release you hold the respective press portal provider harmless of any liability for your press releases and warrant that the press releases do not infringe current law.
2.8. Press mailing list services
Distribution of your press release via our cooperation partner press1 to up to 2100 journalist contacts, depending on the chosen channel:
’General Interest‘ in connection with at least one specialised distributor (1-4) is included in the price. No distribution of press releases from political parties! Press1 reserves the right to reject press releases.
2.9. openPR PR study
2.10. Credit points
The posting of press releases against credit points if the free limit of three press releases per day is exceeded. The credit points scaling according to the price list applies. Per one credit point one press release may be set. Unused credit points lapse after three years from order, at the latest. The payout of credits is not possible.
The Provider will endeavour to offer its service as interruption-free as possible. However, despite all care, downtimes during which the web servers are not accessible due to technical or other problems not being in the sphere of influence of the Provider (third parties’ faults, force majeure, attacks by hackers against the infrastructure, etc.) cannot be excluded. The User recognises that a 100% availability of the website is technically not feasible.
Details on the rates for paid variants of usage are specified on www.openpr.de under ”Service“. The rates listed thereunder are legally binding and apply plus applicable legal VAT. The payment of the rates is due in advance upon receipt of invoice for the entire term. The User can pay the amount by one of the payment variants indicated by the Provider. If it is not possible to collect a rate then the User will bear the costs resulting therefrom, in particular bank charges with regard to the return of direct debits and comparable fees, to the extent he is responsible for the costs occurring. Upon default in payment the Provider may assert a dunning amount for the second and third reminder in the amount of a flat rate of €5.00. The same applies to a written notice of termination which became necessary because of the customer’s default. The User explicitly is responsible to proof that the damage did not occur at all or that it is significantly lower than the flat rate.
2.13. Changes in the press portal
The Provider reserves the right to change or extend the contents and structure of the platform as well as the related user interfaces, provided that the fulfilment of the contract purpose of the contract concluded with the User is not affected at all or not significantly. The Provider will inform the User about the changes accordingly.
3. No right of revocation
There is no right of revocation or right of return with this contract between entrepreneurs.
4. Contractual partner
The contract is concluded with:
Phone: + 49 (0) 511-47397780
VAT ID: DE205195976
5. Effectiveness of contract (Conclusion of contract)
Basically, the service is available to every user. The admission to openPR is effected by an application of the User. However, the Provider reserves the right to exclude individual user applications or press releases completely or partly from admission to the service.
5.2. Order process and amendments
The order takes place in four steps:
Step 1: The User chooses in the menu under “Service“ the desired paid package (2.3. to 2.10. of the GTC) or under ”Publish press release“ the free publication of a press release (2. 2. of the GTC).
Step 2: After the User has chosen the desired type of service he/ she will see a form requiring the entry of his/her personal contractual data (name, address) and, in case of the paid services (2.3. to 2.10.), the invoice address. And, in the latter case, the payment method will be chosen. As soon as the User fills in these data he/she will proceed to the next step by clicking on ”Next”.
Step 3: In step 3, the User is shown his/her order overview. In this context, the chosen package, his/her contractual data, the invoice recipient, if applicable, the payment variant, and the GTC are listed. If the order is correct like this then the User can finalise his/her order at the bottom of the page by clicking on ”Publish press release” or ”Order with payment obligation“. If the order is not correct, he/she may change details by using the link ”Change“.
Step 4: The User receives an electronic confirmation of the order.
5.3. Conclusion of contract
By sending the form the User makes an offer for the conclusion of contract on the usage of the chosen services of openPR. The Provider accepts this offer by confirming the offer electronically via email. With the confirmation a contract with the obligation to pay on the usage of services by openPR is concluded in the form of the chosen service.
6. Contractual term and termination of contract
6.1. Free PM (2.2. of the GTC)
The contract on the cost-free press release is concluded for an indefinite period.
6.2. Services against payment (2.3. to 2.10. of the GTC)
The contract on paid services according to 2.3. to 2.10. of these GTC is concluded for an indefinite period. The term starts with the day of the conclusion of contract.
The right to termination for good reason remains unaffected for the parties. In particular, good reason is given in case of a violation a) against the duties of the User on the basis of these GTC and/ or b) against the payment obligations. In this case, there is no entitlement to reimbursement of already paid amounts. In so far, a contractual penalty in the amount of the subscription rate is deemed to be agreed.
The notice of termination must be made in writing or, respectively, in text form (by letter, fax, email) and is to be addressed to:
Fax: + 49 (0) 511-47397781
7. Saving of contract text / contract language
The Provider only saves the User’s order, the acceptance of the order by the Provider (conclusion of contract), and these GTC. The contract language is German.
8. Obligations of the User / exemption
The Users assures that the details provided by him/her, in particular the contact address/ data, the company, the academic title/ grade as well as the professional title, qualification are correct and complete and commits himself/ herself to immediately inform the Provider about changes of these communicated data.
When creating the contents and using the press portal, the User must observe the professional rules and ethics applicable to him/ her, applicable laws, as well as all rights of third parties. The User is particularly prohibited to:
The User must not infringe statutory prohibitions, offend common decency or violate rights of third parties by his/ her internet presence which the Provider links to. Furthermore, the User may only post logos and photographs (graphics) into the list if he has the respective proprietary rights of usage and exploitation for these. Possible claims due to an infringement of copyrights and licences shall be for the account of the customer.
In cases of violation against the aforementioned obligations the Provider may - regardless of a termination of contract – also impose the following sanctions against the User:
The Provider is also entitled to block access to the online platform for the User if a reasonable suspicion that he/ she has violated these GTC or if the publication of the User’s press releases seems unacceptable to the Provider.
Should third parties or other users hold the Provider liable for possible legal violations which a) result from the contents posted by the User and/ or b) arise from the usage of the Provider’s services by the User, the User commits himself / herself to hold the Provider harmless from any claims, including claims for damages, and to reimburse the costs incurring to the Provider due to the potential legal violation. In particular, the Provider will be exempted from the costs of the necessary legal defence. The Provider is entitled to demand an appropriate advance payment from the User for this purpose. The User is obliged to support the Provider in good faith with information and documentation in the legal defence process towards third parties. All further rights as well as claims for damages of the Provider remain unaffected. If the User is not responsible for the potential legal violation, the aforementioned obligations do not apply.
9. Granting of a usage right to the User’s press releases / events
The copyright of press releases generally remains with the User – as far as these are protected by copyright. By posting a press release, the User, however, grants the Provider the right to permanently keep these press releases on its websites and to transfer this right (including this right of transfer). Also, the Provider has the right to delete, process or block them.
10. Invoice / customer service / complaints of the customer
The invoice is sent electronically to the User. Please address any questions regarding the order or any complaints to our service’s email address: email@example.com.
11. Access / confidentiality
The User commits himself/ herself to carefully keep the submitted access data protected against access of third parties. He/ she is not entitled to provide his/ her access data to third parties or to let third parties use these data.
The Provider reserves the right to change login and password of a User; in such a case the Provider will immediately inform the User thereof.
12. Limitation of liability
The statutory guarantee regulations of a service contract apply.
The Provider does not assume any responsibility for the external contents, data and/ or information provided by the users of the website or for contents on linked external websites. The Provider expressly does not guarantee that these contents are complete, correct and up to date or fulfill a specific purpose or could serve such a purpose. In so far as the User remarks an illegal usage of the website he/ she may report this by a contact form accessible from each page of the websites.
In the event of any data loss on part of the User the Provider’s liability for the foreseeable damage is limited. The foreseeable damage is the typical effort necessary for the recovery of the lost data provided that the User meets the subsequent obligations. The User must secure his/ her data at regular intervals in machine- readable form in such a way that they may be reconstructed at reasonable effort.
The Provider only is liable for damage or loss being caused by itself, its legal representatives or one of its vicarious agents by gross negligence or intentionally, unless the Provider violates a substantial contractual obligation. The aforementioned limitation of liability applies to contractual as well as non-contractual claims. Liability under product liability law and liability in the event of a slightly negligent injury and damage to life, body and/ or health remain unaffected.
Except in cases of intent and/ or gross negligence or the breach of a substantial contractual obligation, liability is limited to the amount of the damages typically foreseeable upon conclusion of contract. As well, a slightly negligent injury and damage to life, body and/ or health remain unaffected. The amount of liability for other cases of slightly negligent conduct is limited to the total annual fee paid, however to a maximum of the respective contractual value for two years. In any case, the total liability per user and damage event is limited to €5,000.
All claims for damages lapse after two years from knowledge of the damage-causing event. This does not apply in case of intentional conduct of legal representative, employees or vicarious agents of the Provider.
13. Amendments of the GTC and/ or remuneration
The Provider reserves the right to amend its GTC and the price list. The User will be informed about the amendments via email to the email address provided by him upon registration at least one month prior to their coming into force. The amendments shall be deemed to be accepted if the User does not object in writing to the amendments within one month from the time of service of the notification or if he/ she continues to use the services of the Provider despite the amendments. With every amendment of the GTC the Provider will expressly point out to the User the right of objection and the consequences of an omitted objection. If the amendments lead to disadvantages for the User he/ she may terminate the contractual relationship without notice after receipt of the notification on amendments. If the User expressly objects to a clause detrimental to him/ her (for example increase of remuneration) in the amended terms and conditions, then the Provider is authorised to terminate the contractual relationship without notice.
14. Transfer of agreement to third parties
After notification, the Provider is entitled to transfer its rights and obligations out of the present contractual relationship – including this right of transfer – completely or partly to third parties. The User will be informed about the adoption of the contract by third parties via email to the email address provided by him upon registration at least one month prior to the adoption’s coming into force. The amendments shall be deemed to be accepted if the User does not object in writing within one month from the time of service of the notification or if he/ she continues to use the services of the Provider despite the adoption of contract by third parties. In case of a transfer of the contract to third parties the Provider will expressly point out to the User the right of objection and the consequences of an omitted objection. The User may terminate the contractual relationship without notice after receipt of the notification on the adoption of contract by third parties. If the User expressly objects to the adoption of contract by third parties, then the Provider is authorised to terminate the contractual relationship without notice.
15. Governing law / final provision
The laws of the Federal Republic of Germany apply with exclusion the standard UN commercial law and the private international law. If one provision of these GTC is ineffective the remaining provisions remain unaffected thereof.
Place of jurisdiction for all disputes arising from the contractual relationship between the User and the Provider is Hanover, Germany, provided that the User is a merchant, legal person under public law or a special fund under public law.
© openPR 2018 | Imprint