General Terms and Conditions

§ 1 Scope

(1) These Terms and Conditions apply to all contracts between OMC Events-Marketing & e-Communications UG (haftungsbeschränkt), Tränkestraße 17, 70597 Stuttgart, Germany, which operates the portal AFTERWORK Region Stuttgart (“Provider”), and its clients regarding services relating to the portal (“Client”).

(2) Our services are aimed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law.

(3) Deviating or supplementary terms of the Client apply only if we expressly agree to them in text form. Individual agreements in the offer or order confirmation take precedence over these Terms and Conditions.

§ 2 Subject matter of the contract

(1) The contracts cover in particular company portraits and partner listings on the portal, advertisements and banners, sponsorship, editorial articles, social media services, newsletter placements, as well as 360-degree tours and photography.

(2) The type, scope, placement, format and term of the services are set out in the individual offer, the order confirmation and the media kit applicable at the time.

(3) There is no entitlement to a particular position, ranking or visibility in search results, lists or maps of the portal unless expressly agreed.

§ 3 Conclusion of contract

(1) Our offers are non-binding. A contract is concluded upon our order confirmation in text form (e.g. by email) or upon commencement of performance.

(2) Oral or telephone agreements only become effective upon our confirmation in text form.

§ 4 Performance of services

(1) Online services begin on the agreed date and run for the agreed period from publication or start of placement.

(2) Change requests after publication or going to print require our consent in text form and may be charged separately.

(3) We strive to ensure the portal is available with as few interruptions as possible. Brief interruptions, for example due to maintenance or disruptions beyond our control, do not entitle the Client to a price reduction. In the event of longer outages for which we are responsible, we will extend the term of the affected service appropriately or offer an equivalent replacement placement.

§ 5 Content and rights of the Client

(1) The Client shall supply the content required for the service (texts, images, logos, videos, menus, opening hours, etc.) in good time and in the formats specified in the media kit. Unless otherwise agreed, online advertisements must be supplied as JPG, PNG, GIF or HTML5 with a maximum file size of 150 KB.

(2) The Client warrants that it holds all necessary rights to the content supplied and that such content does not infringe applicable law or third-party rights. It grants us the non-exclusive rights of use required to perform the contract, including the right to technically adapt content and translate it into other languages.

(3) The Client shall indemnify us against third-party claims based on a breach of these obligations, including the costs of an appropriate legal defence.

(4) We are entitled to reject or remove content that violates applicable law, third-party rights or our editorial principles. Our claim to remuneration remains unaffected if the Client is responsible for the violation.

(5) If the Client supplies content late or incorrectly, we may postpone publication; any resulting additional costs shall be borne by the Client.

§ 6 Prices and payment

(1) The prices stated in the offer apply, plus statutory VAT.

(2) Invoices are issued after publication or at the start of the term; for recurring services, at the start of each billing period.

(3) Unless otherwise agreed, invoices are payable without deduction within 14 days of the invoice date. A cash discount is granted only if expressly provided for in the offer.

(4) In the event of late payment, the statutory provisions apply, in particular Section 288 BGB. Where there are justified doubts about the Client’s ability to pay, we may make further services conditional on advance payment or settlement of outstanding amounts.

§ 7 Term and termination

(1) Terms and notice periods are set out in the offer or order confirmation.

(2) The right to extraordinary termination for good cause remains unaffected.

§ 8 Cancellation

(1) If the Client cancels a confirmed order, the following applies:

• up to 4 weeks before publication or campaign start: free of charge,
• up to 2 weeks before: 50% of the agreed net price,
• thereafter: 100% of the agreed net price.

(2) Cancellation must be made in text form. Deviating arrangements may be agreed in individual cases.

§ 9 Liability

(1) We are liable without limitation for intent and gross negligence, for injury to life, body or health, and under the German Product Liability Act.

(2) In cases of slight negligence, we are liable only for breach of an essential contractual obligation, the fulfilment of which makes the proper performance of the contract possible in the first place and on whose compliance the Client may regularly rely (cardinal obligation). In this case, liability is limited to the foreseeable damage typical for the contract.

(3) We are not liable for impairments beyond our control – such as disruptions by third-party providers, ad blockers or changes to platforms such as Google or Meta.

§ 10 Free listings and information on the portal

(1) We publish some business listings and event notices free of charge and at our editorial discretion. There is no entitlement to publication or continuation of a free listing.

(2) The information on the portal is intended for orientation. Reservations, bookings and payments are made exclusively and directly with the respective business; we do not become a party to these transactions.

§ 11 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) The exclusive place of jurisdiction for all disputes arising from the contractual relationship is Stuttgart, provided the Client is a merchant, a legal entity under public law or a special fund under public law.

(3) Should any provision of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.