General Terms and Conditions for Deliveries and Services of FM Forum Industriemedien GmbH

As of June 2026

These General Terms and Conditions (hereinafter referred to as "GTC") apply to services provided by FM Forum Industriemedien GmbH (hereinafter referred to as "FM FORUM") in connection with the creation of advertising content for various forms of advertising (print, online and in the course of events) and for the implementation of advertising campaigns (Google Ads campaigns).

1. Conclusion of contract and validity of the GTC

1.1 These GTC apply to all contracts with customers regarding services provided by FM FORUM INDUSTRIEMEDIEN in connection with the creation of advertising content for various forms of advertising (print, online and in the course of events) and for the implementation of advertising campaigns (Google Ads campaigns).

1.2 Any terms and conditions of business or purchase of the customer shall not apply.

1.3 Contracts are concluded by acceptance of the offer submitted to the customer by FM FORUM INDUSTRIEMEDIEN. Acceptance shall be effected by confirmation by e-mail (to the e-mail address specified in the offer) within the acceptance period specified by FM FORUM INDUSTRIEMEDIEN. All offers submitted by FM FORUM INDUSTRIEMEDIEN are subject to change, meaning that FM FORUM INDUSTRIEMEDIEN may refuse to accept the Customer's offer without giving reasons. In this case, no contract/order shall be concluded.

1.4 The content of the contract corresponds to the content of the offer. Changes made by the customer to the offer shall only be deemed accepted if these changes are confirmed in writing by FM FORUM INDUSTRIEMEDIEN.

2. Advertising content and media

2.1 If the customer provides content (texts, images, graphics, etc.), FM FORUM INDUSTRIEMEDIEN is not obliged to check this content for its legal admissibility or suitability for advertising purposes.

2.2 The customer guarantees that it holds all rights necessary for the processing and publication of the content provided, in particular the necessary intellectual property rights, and shall indemnify and hold FM FORUM INDUSTRIEMEDIEN harmless in the event of claims by third parties upon first request. When placing the order, the customer is obliged to expressly state whether the advertising he has booked contains political content. If the customer does not make a declaration in this regard, this shall be deemed confirmation that the advertising booked does not constitute political advertising.

2.3 If there are reasonable grounds to suspect that the content is unlawful or immoral or conflicts with the legitimate interests of third parties, FM FORUM INDUSTRIEMEDIEN shall be entitled to remove the content immediately or modify it accordingly. A notification to the customer or a prior warning is not required.

2.4 Advertisements in print and online media that are not recognisable as advertisements due to their editorial design may be labelled as such by FM FORUM INDUSTRIEMEDIEN.

2.5 No guarantee is given for the inclusion of advertisements in specific issues or at specific times in online media. Placement requests are only binding if a written placement surcharge is paid, otherwise FM FORUM INDUSTRIEMEDIEN will endeavour to fulfil them without obligation.

2.6 The client is responsible for the timely provision of content for the design of the advertising material. In the event of a delay in the provision of content, the order shall be deemed to have been fulfilled if the insertion is made using a different advertising medium provided by the client (possibly in the context of previous orders) or if only the name and address of the client are published. In the case of booking forms of presence advertising at events and the provision of inserts and supplements to magazines, no substitute advertising material shall be produced if there is a delay in the provision of content for the design of the advertising material; however, the client must still pay the fee in full.

2.7 In the design of advertising material by FM FORUM INDUSTRIEMEDIEN, colour deviations from the original are possible and do not entitle the client to assert claims.

2.8 The advertising material provided by FM FORUM INDUSTRIEMEDIEN for the customer shall be deemed to have been approved if no requests for changes are made within the period announced by FM FORUM INDUSTRIEMEDIEN. The advertising material can be provided to the customer by e-mail for checking.

2.9  Where the client is a sponsor within the meaning of Article 3(10) of Regulation (EU) 2024/900 on the transparency and targeting of political advertising, or a provider of advertising services acting on behalf of sponsors, the client must provide all information required under Article 7 of that Regulation.

The client must provide a truthful declaration as to whether the advertising service for which it has commissioned the publisher constitutes a political advertising service within the meaning of Article 3(5) of the aforementioned Regulation, and, where applicable, whether the requirements under Article 5(2) of the aforementioned Regulation are met.

The contracting authority must also provide the relevant information required to comply with Article 9(1), Article 11(1) and Article 12(1) of the aforementioned Regulation. These declarations and information must be provided unsolicited, in full, accurately and without delay. Where the client uses targeting or ad-serving procedures in connection with political advertising, the client shall be responsible for compliance with Chapter III of the aforementioned Regulation and shall provide the publisher with the information specified therein in the same manner: unsolicited, complete, accurate and without delay.

2.10  The Client undertakes to indemnify and hold harmless the publisher, FM Forum Industriemedien GmbH, from and against all claims, demands, damages, costs and expenses – including reasonable legal costs – arising from the fact that the advertising content provided or commissioned by the Client contravenes statutory provisions, regulatory requirements or the rights of third parties (in particular in connection with the EU Political Advertising Regulation, transparency obligations, copyright, trade mark or personality rights).

The client guarantees the accuracy and completeness of all information required for the legally prescribed labelling and transparency disclosure, and ensures that the publisher receives this information in good time.

The client further undertakes to indemnify the publisher against all costs and losses arising from incorrect, incomplete or omitted information, in particular in connection with sanctions or regulatory proceedings under the EU Regulation on political advertising.

3. Remuneration and payment, amendments to remuneration and contract

3.1 Invoices are payable upon receipt without deductions. Unless otherwise agreed, invoicing shall take place after publication of the advertising material. An exception to this is the monthly budget for ad placement via Google, which is invoiced monthly in advance and is due for payment immediately. The budget will only be utilised after receipt of payment.

3.2 All prices are exclusive of statutory taxes and duties (20% VAT, plus advertising tax for print media).

3.3 In the event of default, default interest in the amount of 12% p.a. as well as reminder and collection fees shall be charged.

3.4 If payment of the invoice amount in instalments has been agreed, all outstanding instalments shall become due without any further grace period (loss of deadline) if only one instalment is not paid on time.

3.5 The client may only offset claims recognised by FM FORUM INDUSTRIEMEDIEN or legally established claims.

3.6 All fees are also subject to change during an existing order. The prices may be increased in accordance with the development of the consumer price index 2020 (base year 2020) published monthly by Statistics Austria or the index replacing it. The index figure calculated for the month of April 2022 serves as the reference value. In addition, the Contractor has the option of making further price changes and general changes to the contractual conditions during an existing order. In this case, written notification (also possible by e-mail) shall be sent to the Client three months before the planned change date, by which time the Client shall be entitled to cancel free of charge. Such cancellation shall take effect on the planned date of change; until then, the contract shall continue to apply under the originally agreed conditions.

4. Contract term, cancellation

Contracts for services concluded between the contracting parties are concluded for an indefinite period or for the agreed period. In the latter case, the contractual relationship shall be automatically extended by the original term of the contract, unless it is by its nature designed for a one-off, time-limited event, unless it is cancelled by written notice with a two-month notice period. If no agreement has been reached on a waiver of cancellation, contracts concluded for an indefinite period can be cancelled in writing at the end of the month subject to the two-month notice period.

5. Warranty and compensation

5.1 Defects must be reported to FM FORUM INDUSTRIEMEDIEN in writing within the period communicated by FM FORUM INDUSTRIEMEDIEN, in the absence of such a period at the latest within eight days of receipt of the specimen copy (print) and at the latest within two days of notification of the online provision.

5.2 In the absence of timely written notification of defects, the service shall be deemed to have been accepted and approved and warranty claims by the customer shall be excluded.

5.3 The period for asserting warranty remedies, which shall be limited by mutual agreement to replacement and improvement, shall be six months from provision of the advertising material or performance of the service. If it is not possible or feasible to replace or improve the defective advertising entry, the warranty remedies shall be limited to a corresponding reduction in the order value, provided that the defect results in a gross impairment of the advertising value.

5.4 Claims for damages must be asserted in writing within six months of provision of the advertising material or provision of the service, otherwise they shall be excluded. However, FM FORUM INDUSTRIEMEDIEN shall only be liable for damages that can be proven to have been caused by FM FORUM INDUSTRIEMEDIEN intentionally or through gross negligence; liability for slight negligence is excluded. Liability for consequential damages, in particular for loss of profit, is also excluded. Furthermore, the amount of the claim for damages shall be limited to the amount of the order value for the defective advertising entry.

6. Licences and exploitation rights

Upon payment of the fee, FM FORUM INDUSTRIEMEDIEN shall transfer to the customer on a non-exclusive basis (no exclusivity) the right to use the works created by FM FORUM INDUSTRIEMEDIEN for the customer in accordance with the agreement.

This right of use is expressly limited to the provision within the framework of the agreed form of advertising according to the offer and for the duration of the provision described in the offer. Any further rights of use (distribution, reproduction, provision, etc.) of the works and the right to edit in general are expressly not transferred to the customer and remain with FM FORUM.

7. Final provisions

7.1 The place of fulfilment for all services arising from this contract is Vienna.

7.2 Austrian law shall apply exclusively to legal disputes arising from this contract. The application of the UN Convention on Contracts for the International Sale of Goods, the conflict of laws rules of the IPRG and Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I Regulation) is excluded.

7.3 The exclusive place of jurisdiction for legal disputes arising from this contract shall be the competent court for Vienna, first district of Vienna.

7.4 With the exception of the reservation of authorisation agreed in point 3.6, amendments to these GTC must be made in writing to be effective. This also applies to any waiver of the written form requirement.

7.5 Should individual provisions of these GTC be or become void, unenforceable and/or invalid, this shall not result in the invalidity, unenforceability and/or invalidity of the entire GTC. In this case, the parties undertake to agree a provision in place of the void, unenforceable and/or invalid provision that comes closest to the economic purpose of the void, unenforceable and/or invalid provision.