The Albany Gazette - ADVERTISEMENT

"THE ALBANY GAZETTE"
Status: 1st December 2024

0. advertising - things to know
When placing online advertising, you should not make any compromises: a high reach, high-quality content, innovative advertising media and a discerning user base characterise our offering.

0.1 Legal requirements and guidelines for advertising
When publishing advertising content, the "THE ALBANY GAZETTE" complies with the applicable legal regulations of the Federal Republic of Germany and European guidelines. These include in particular

• German law and media laws: Compliance with the DIGITALE-DIENSTE-GESETZ (Digital Services Act - DDG, of the Federal Republic of Germany) formerly TELEMEDIENGESETZ (TMG), competition law (UWG) and youth protection laws, in particular for advertising specific to children and young people.
• European directives: From 2024, new transparency regulations for political advertising will apply in accordance with EU requirements. The EU's upcoming "Digital Fairness Act" also aims to make online advertising more consumer-friendly, fairer and more transparent.
• Food advertising to children: Information and guidelines from the Federal Ministry of Food and Agriculture (BMEL, of the Federal Republic of Germany) must be taken into account when designing food advertising aimed at children.
• Use of testimonials: Legal requirements for customer advertising and testimonials must be complied with. This applies in particular to clear labelling obligations and proof of the authenticity of recommendations (in accordance with relevant supreme court rulings, including on competition law, as well as the information on e-recht24.de).
• Transparency and labelling: Advertising that is not clearly recognisable as such is labelled with an appropriate notice ("advertisement") in accordance with the requirements of the state media authorities and German law.

 Further information can be found on the websites:

• EU representation in Germany - Transparency of political advertising
• BMEL - Food advertising for children
• Network policy - Digital Fairness Act
• e-Recht24 - Testimonials and customer advertising
  
  1. advertising - order within the meaning of the GTC
  An "order" within the meaning of these GTC is a contract for the placement of online advertising. This includes the publication of advertising material designed for the Internet on the websites of the "THE ALBANY GAZETTE". Deviating conditions must be in writing. Any other terms and conditions of the customer shall not apply even if the "THE ALBANY GAZETTE" does not expressly object to them. The order shall be deemed to have been accepted upon written confirmation of the order by the company legally representing the "THE ALBANY GAZETTE", provided that no other earlier conclusion of contract can be proven. The legally representative company is LEGIER Beteiligungsgesellschaft mbH, Kurfürstendamm 195, 10707 Berlin, (Federal Republic of Germany), Phone: +49 30 40817 4005, Commercial Register Berlin-Charlottenburg (Federal Republic of Germany) HRB 57837, VAT ID: DE 275405062, Mail: [email protected].
  
  2. advertising - placement of advertising material
  The placement of advertising material shall be carried out at our reasonable discretion, taking due account of the interests of the client. The prerequisite is the timely provision of the advertising material. The exact conditions must be recorded in writing and signed by both contracting parties.
  
  3. advertising - placements and rejection
  The "THE ALBANY GAZETTE" reserves the right to reject orders or individual placements within framework agreements if their content, origin or technical form violate applicable law, official regulations, common decency or industry standards or are unreasonable for other reasons. Orders that have already been confirmed may be cancelled if reasons subsequently become known that would have justified the rejection. THE ALBANY GAZETTE" shall clearly label any advertising material that is not recognisable as advertising as "advertisement".
  
  4. advertising - technical specifications
  The customer shall be responsible for the timely delivery of technically flawless advertising material that complies with the specifications of the "THE ALBANY GAZETTE". In the case of recognisably unsuitable advertising material, the client must supply a replacement immediately upon request. The "THE ALBANY GAZETTE" is not obliged to check the content or legal validity of advertising material. Costs for the production of advertising material or necessary adaptations shall be borne by the client. The client shall not be entitled to any claims in the event of defects that only become recognisable during placement. Advertising material will only be returned on express request. The obligation to retain the advertising material ends ten days after the last placement.
  
  5. advertising - subsequent fulfilment
  If the advertising broadcast by the "THE ALBANY GAZETTE" is defective and the client is responsible for this, the client shall be entitled to subsequent fulfilment in the form of a defect-free replacement placement, insofar as the advertising purpose is impaired. If this does not take place within a reasonable period of time or if the replacement placement is also defective, the client may reduce the remuneration for individual placements or withdraw from the contract. In the case of framework agreements, a reduction is only possible to the extent of the defective partial performance.
  
  6. advertising - rights, exploitation rights, claims
  The customer warrants that it holds all necessary rights of use to the advertising placed and indemnifies the "THE ALBANY GAZETTE" against claims by third parties. If the "THE ALBANY GAZETTE" conceives, designs and realises advertising on behalf of the customer, the resulting rights shall remain with the "THE ALBANY GAZETTE". The latter shall grant the customer a simple right of use for the online placement. Defects must be reported immediately in writing. Claims arising from defective placement shall become time-barred after one year for entrepreneurs and after two years for consumers.
  
  7. Advertising - Liability
  The "THE ALBANY GAZETTE" shall be liable in cases of intent and gross negligence. In the case of simple negligence, liability shall be limited to the foreseeable damage typical of the contract up to the amount of the agreed remuneration.
  
  8. advertising - method of payment
  Invoices are due immediately unless advance payment has been agreed. The prices are based on the valid price list or the respective online advertising contract. Changes to statutory regulations shall also apply immediately to current orders. Payment is due upon placement, unless other payment terms or advance payments have been expressly agreed. Discounts are subject to compliance with the agreed advertising quantity and time frame. In the event of non-compliance, a subsequent invoice shall be issued.
  
  Advertising services must be paid in advance to LEGIER Beteiligungsgesellschaft mbH, Kurfürstendamm 195, 10707 Berlin, (Federal Republic of Germany). No refunds will be made in the event of cancellation after the start of the service.
  
  9. advertising - late payment
  In the event of late payment, the "THE ALBANY GAZETTE" shall be entitled to charge interest on arrears (12% p.a. for companies, otherwise 6% p.a. above the base rate). If "THE ALBANY GAZETTE" becomes aware of payment difficulties on the part of the client, it may demand advance payments, immediate payment of outstanding amounts or the provision of security and may refuse to place advertisements or withdraw from the contract.
  
  10. advertising - force majeure
  Events such as force majeure, strikes, lockouts, operational disruptions or comparable circumstances shall release the "THE ALBANY GAZETTE" from its obligation to perform. Once the event has ceased to exist, the advertisements will be placed immediately or the "THE ALBANY GAZETTE" will cancel the contract in part or in full. Claims for damages are excluded.
  
  11. advertising - reference to general terms and conditions
  Express reference is made to the General Terms and Conditions (GTC). Should individual provisions be invalid, the remaining provisions shall remain valid. The invalid provision shall be replaced by a valid provision that is as similar as possible in economic and legal terms.
  
  12. advertising - right of cancellation
  (1) The user may cancel his declaration of intent to conclude a contract within two weeks in text form (e.g. letter, e-mail) without giving reasons. The cancellation period begins at the earliest upon receipt of these instructions.
  
  (2) In the event of an effective cancellation, the services received must be returned. A refund of fees paid shall not be made if the provision of services has already begun.
  
  (3) The right of cancellation shall not apply if "THE ALBANY GAZETTE" has commenced the contractual service before the expiry of the cancellation period, which shall be effected by the confirmation and approval of the advertising service by the customer.
  
  Cancellation to:
  "THE ALBANY GAZETTE"
  a media division of LEGIER Beteiligungsgesellschaft mbH,
  Kurfürstendamm 195, 10707 Berlin (Federal Republic of Germany),
  telephone: +49 30 40817 4005, Mail: [email protected]
  Commercial Register Berlin-Charlottenburg: HRB 57837
  (Federal Republic of Germany) VAT ID: DE 275405062
  
  13. postal address
  "THE ALBANY GAZETTE"
  represented by: LEGIER Beteiligungsgesellschaft mbH
  Kurfürstendamm 195
  10707 Berlin (Federal Republic of Germany)
  Phone: +49 30 40817 4005
  Commercial Register Berlin-Charlottenburg: HRB 57837
  (Federal Republic of Germany)
  VAT ID: DE 275405062
  Mail: [email protected]
  
  14. data backup
  Aspectra (Switzerland) and Iron Mountain (USA)
  
  15. technical systems
  Server locations in the USA (including Minnesota) with highly secure systems (IBM, SunFire, ProLiant, Citrix firewalls, Silicon Graphics). Operating systems: Solaris 10, 64-bit, secured according to Common Criteria EAL7 and by ) DARKTRACE (https://DarkTrace.com).
  
  16. information and background on data and figures

• Page impressions (PIs), visits and visitors are key figures for evaluating reach and utilisation.
• Other key figures such as PIs per page, per area, per parameter or per visitor help to assess the quality and relevance of the website and its content.
• Performance figures (e.g. page impressions per hour) are used to determine the usage habits (prime time) of visitors.
  
   17. Advertising - booking options and prices
  Placement of advertising on:
  https://www.TheAlbanyGazette.com /.com /.net /.info /.eu /.org and other TLDs
  Minimum booking volume: EUR 5,500 (plus the statutory VAT applicable in the Federal Republic of Germany). Keyword-specific text ads, SEO measures, branding or performance campaigns as well as re-targeting and behavioural targeting are possible.
  
  18. premium fields

1. Rotations on thematically appropriate servers (e.g. finance, cars, computers, telecommunications)
2. Rotation across all websites marketed by the "THE ALBANY GAZETTE"
3. Additional reminder button (160 x 50 pixels): CPM 5 Euro
4. Various combinations possible on request
5. Advertising formats comply with UAP specifications (including colour coding, medium rectangle, streaming format, broadband targeting)
   All Prices in Euro, plus statutory value added tax (VAT) applicable in the Federal Republic of Germany

Volume discounts per calendar year:

• from 15,000 euros: 3.5 %
• from 50,000 euros: 5 %
• from 100,000 euros: 11 %
• from 150,000 euros: 16 %
• from 250,000 euros: 21 %
• from 500,000 euros: 30 %
  
  20. Terms of payment
  The basis for invoicing is the media reporting of the "THE ALBANY GAZETTE". Complaints must be made during the ongoing campaign. Subsequent complaints after final reporting will not be considered. An agency commission of 10 % will be granted for orders placed via agencies.
  
  21. Advertising options (selection)

• Fullbanner rotation
• Super Banner
• Layer/DHTML/FlashPopUp
• PopUnder
• Contant Ad
• Skyscraper
• Newsticker
• AdBar
• Page Peel
• Interstitial
• Superstitial
  
  22. client
  The client is any person, company or organisation that makes use of the services or products of "THE ALBANY GAZETTE". For this purpose, the Client shall conclude
   a contract with "THE ALBANY GAZETTE", represented by LEGIER Beteiligungsgesellschaft mbH, Kurfürstendamm 195, 10707 Berlin (Federal Republic of Germany, Phone: +49 30 40817 4005, Mail: [email protected]).
  
  23. attachments
  Annexes to service contracts may contain technical or procedural details, service descriptions, product information and price lists.
  
  24. the contracting parties
  are the client and the "THE ALBANY GAZETTE" (represented by: LEGIER Beteiligungsgesellschaft mbH, Kurfürstendamm 195, 10707 Berlin (Federal Republic of Germany).
  
  25. severability clause
  Should individual provisions be invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that is as economically comparable as possible.
  
  26. place of fulfilment - place of jurisdiction
  The place of fulfilment and place of jurisdiction is Berlin (Federal Republic of Germany).

If you have any questions about advertising, please contact: [email protected]

Thank you for your attention!
Your  "THE ALBANY GAZETTE"
Status: 1st December 2024