Terms and Conditions
Last updated April 1th, 2010
1 General conditions, Conclusion of contract
In the interests of a fair business relationship, we have paid attention to designing the terms and conditions to be simple and transparent. If you have any questions in this respect, please contact CEBUS.
Deliveries, services and offers take place solely on the basis of these terms and conditions.
Conditions that deviate from these that we do not expressly recognize in writing are not binding for us. A contract comes into effect when CEBUS adopts this or when a delivery takes place. Until full payment, all items remain the property of CEBUS.
The order will be processed immediately after payment is received and the proposal has been approved by the client. The processing time for mailing list deliveries takes two days on average. Fixed delivery times will only be recognized by us when these have been expressly confirmed in writing by us. Delivery times can be reasonably longer due to the occurrence of unforeseen events.
The delivery will be carried out as offered to the client or client's data processor. If e-mail distribution is offered, then no data will be sent. Instead, the order is forwarded in the form of an e-mail delivery report.
The number of records named by CEBUS can change even after confirmation of the order, due to continual updating. The actual number of records delivered will be charged if this differs up to 5% (plus/minus) from the quote offered and is over the minimum order value.
3 Address quality
CEBUS does not take any responsibility for the accuracy and completeness of the mailing lists. Addresses are subject to continual change. Address sources can already have in-built mistakes. There can also be no guarantee given that the address actually is what it claims to be. Returned records are unavoidable for these reasons and do not represent a defect in the product delivered and will not be refunded.
CEBUS deliverability guarantee: If more than 5% of the individual records delivered can be proven to be undeliverable by mail, CEBUS will refund these or deliver cost-free replacement. The delivery guarantee refers only to the mailing address, not to the contact partner, department, named family members or other information and expires 40 days after delivery date. Further claims are excluded.
4 Use of addresses
Addresses are provided for one-time use if no other written agreement exists. Sale or licensing to third parties as well as use for further advertising transmissions whether they are through duplication, entering into a data storage medium or publishing on the Internet is not allowed, and this is also the case with cooperative advertising.
Adherence to this agreement will be checked through control addresses. Use that is contrary to the contract obliges the client to the payment of a contract penalty to the amount of five times the sum that was paid for the total delivery. A sample of one control address is sufficient as proof of a breach. Assertion of a further claim for damages remains untouched.
Addresses of persons or companies that place an order due to the client's advertising or ask for quotes become the property of the client. This is not the case, however, for addresses of participants in contests. The transmission of an address with a telephone, fax number or e-mail address without an explicit opt-in (=permission to contact) does not mean that the person or company in question has agreed to be addressed in this way. This is not the case for addresses with an explicit opt-in (=permission to contact).
5 Data Protection
Protection Technical and organizational measures have to be taken to protect the addresses in order to satisfy the data protection requirements of the country in which the addresses are to be used. It has to be ensured that maling lists do not fall into the hands of a third party.
Addresses provided have to be completely deleted within 40 days of their last agreed use.
The client undertakes to suitably inform those addressed of their right to refuse further advertising mail and to not use these for any illegal purposes. He/She bears full responsibility for the legal admissibility of the advertising.
Address deliveries have to be checked immediately on receipt as to their suitability for further technical processing as well as for correct content. Any defects have to be reported to CEBUS within seven days. In case of the processing of obviously incorrect addresses, there is no claim for damages against CEBUS.
In case of a justified defect reported on time, CEBUS can deliver a replacement, repair the defect or withdraw from the contract. The liability for damages resulting from defects is excluded, except where damage has been caused intentionally or due to gross negligence.
If the client demands damages for default in cases in which it has been impossible for CEBUS to provide service due to its own fault, where CEBUS is at default or has fulfilled services covered by the contract badly, he/she can only do so up to the invoice amount for the order in question.
7 Addresses on CD-Rom
If a CD-Rom is delivered, these conditions will be extended to those of the manufacturer of the CD-Rom.
8 Applicable law, Place of Performance, Place of Jurisdiction, Severability Clause
In mutual legal relations, the law in which CEBUS has its headquarters is exclusively applicable. This also holds true for the place of performance and place of jurisdiction. If one or more of the provisions of these terms and conditions become ineffective, then the effectiveness of the other provisions remains untouched. The ineffective provision is to be replaced by the provision that comes closest to the business purpose of the ineffective provision. CEBUS is allowed to mention cooperation with the client and show its company logo.