General Terms and Conditions for Advertising Partners - Placement of Advertisements
The offer to use corplife Benefits (idF CL) as an advertising platform is directed exclusively at business customers. The contract is concluded with Corplife GmbH, Wasserzeile 27, 3400 Klosterneuburg (Austria). Further contact details, company register number as well as the name of an authorised representative of Corplife GmbH can be found on the website listed on www.corplife.at The imprint can be found on the website.
Status: March 2022
1. object
corplife creates, arranges and manages on behalf of its corporate partners all employee offers advertised in the cooperating companies through a specially created platform. CL plans to include the advertising partner (idF "partner") in its employee benefit programme.
The Partner is willing to grant a benefit to the CL partner companies or their employees under the following conditions upon naming or entering the valid and agreed promotional code or presentation of a voucher that can be assigned to CL.
2. services of the partner
1. the partner grants the following benefits:
- The partner undertakes to grant a benefit (discount, goodie, etc.) to the employees of the participating companies. This is determined together with the partner and can be changed at any time.
The Partner undertakes to grant the agreed service to all CL corporate partners and their employees during the entire term of the contract upon naming or entering the valid and agreed promotion code or presentation of a voucher attributable to CL - subject to availability.
3. the Partner further undertakes to provide and maintain the following services for the entire term of the contract:
- Keeping records of CL members' use of the service and providing these to CL on request.
- Regular and prompt information on changes (e.g. new branch, change of address,...)
3. services provided by CL
1. CL shall provide the Partner with the following services during the term of the contract:
- Application on all CL company platforms if the requirements of the represented companies are met
- Regular integration and advertising in the general and topic-specific newsletter
- Presentation as a new provider for the corporate partners incl. linking to all homepages
- Findability according to keywords requested by the partner
2. CL is entitled to conduct irregular tests during the contract period with regard to the services to be provided by the Partner to the Members within the framework of the Partnership.
4. contract term & termination
The contract initially runs for the period booked by the company. Thereafter, the contract is extended for an indefinite period by the currently valid list price of the booked offer and can be terminated up to 90 days before the automatic extension. The termination must be made in writing (by e-mail, letter or fax). Premature termination and aliquot refund of the amount already paid is not possible.
2. if the partner only books a product without a minimum usage period (= special form of advertising such as newsletter, banner, social media post, etc.), the contract shall run for an indefinite period until the product has been used by the partner.
3. if CL is unable to meet its performance obligation for reasons for which it is responsible, it must inform the partner of this within 5 days. In this case, the client has the right to terminate this agreement extraordinarily.
4. the termination/cancellation has no influence on the performance obligation of the partners and on the validity of the issued vouchers/codes.
5. should the Partner fail to meet its payment obligation, the Contractor shall have the right to terminate this Agreement extraordinarily.
6. campaigns for specific occasions (e.g. Black Friday, Advent, Easter, etc.), which are designated as such in the offer, are excluded from automatic renewal.
5. charges, invoicing, price adjustment
1. the fee for the use of the corplife advertising platform depends on the selected offer.
2. fees are due for payment immediately in advance upon invoicing, both for products with or without a minimum usage period.
The term of payment is shown on the selected offer and is usually 14 days from the date of signing the offer or issuing the invoice.
The invoice shall be paid by bank transfer without deductions. The Partner expressly consents to CL sending invoices by e-mail.
In the event of default in payment, default interest in the amount of 10% p.a. shall be deemed agreed. Default in payment shall be deemed to have occurred if payment has not been made within 2 calendar days after a written reminder (e-mail is sufficient).
6. the fee is due irrespective of advertising success, "leads", bookings, sales increases or similar.
CL reserves the right to change the fee with effect from the next renewal period. CL will notify the Company of the change in the fee in the invoice sent to the Company for the renewal period. In the event of a price increase, the Company has the right, within four weeks of the date of the invoice, to withdraw from the contract with retroactive effect to the date of the extension by submitting a written declaration to CL.
6. obligations towards third parties
The Partner undertakes to observe the applicable laws and all rights of third parties. Content posted by the Partner on CL, whether its own or that of third parties, may not violate applicable law, infringe the rights of third parties or in any way jeopardise the reputation of CL.
2. if obligations under this contract, statutory provisions or rights of third parties are violated, or if CL has another legitimate interest, CL may impose the following sanctions:
Deletion of content provided by the partner,
Temporary or permanent deactivation of the offer
Termination of the contract for the use of corplife Benefits
3. complaints from CL corporate partners may lead to the temporary deactivation of the offer.
The Partner bears sole responsibility for ensuring that the hyperlinks provided by the Partner do not refer to third-party content that violates applicable law.
7. other rights and obligations of the company
The Partner is obliged to keep access data, in particular to the Partner portal, secret from unauthorised third parties. In particular, the Partner shall store user names and passwords in such a way that access to these data by unauthorised third parties is impossible. The Partner undertakes to inform CL immediately as soon as it becomes aware that unauthorised third parties are aware of the password.
2 The Partner shall inform CL without delay as soon as there are important changes in the status of the Partner which may be relevant for the contractual relationship.
3. the Partner may transfer rights under the Agreement to third parties only with the prior written consent of CL.
8. repayment of fees already paid in advance
In the following cases, the Partner's entitlement to a refund of fees already paid in advance is excluded:
CL terminates the contract for cause,
CL imposes one or more of the sanctions based on § 6 and § 7.
the Partner terminates the contract; however, the Partner's claim to reimbursement of fees already paid in advance is not excluded if the Partner terminates due to an important reason originating from CL's area of responsibility.
9. changes to the scope of functions
CL reserves the right to change the scope of functions of corplife Benefits and their general design or to offer deviating services, provided that this is not unreasonable for the customer in the individual case.
10. intellectual property rights
The Partner is entitled to use the CL logo exclusively within the framework of this agreement and during its period of validity as a Partner. Any use beyond this is expressly prohibited.
2. CL is entitled to use the Partner's logo and transmitted images for the
within the framework of this agreement and for its own advertising measures.
11. availability
The Customer acknowledges that a 100% availability of CL cannot be technically realised. However, CL shall endeavour to keep corplife Benefits available as constantly as possible. In particular, maintenance, security or capacity concerns as well as events beyond CL's control (such as disruptions of public communication networks, power outages, etc.) may result in short-term disruptions or temporary discontinuation of CL. All claims against CL attributable to impairments and/or interruptions, irrespective of the legal grounds, are excluded to the extent permitted by law.
12. data protection
(1) The contracting parties shall treat as confidential and keep secret from third parties all information and documents that come to their knowledge through their business relationship and are not generally known, in particular trade and business secrets - also and to the extent that they relate to third parties. Trade secrets also include technical know-how, operating methods and safety measures (hereinafter collectively referred to as "Information").
(2) The duty of confidentiality pursuant to para 1 shall not apply if and to the extent that the party subject to the duty of confidentiality proves that (i) the relevant information was in the public domain, i.e. published or generally accessible, at the time it was obtained, or (ii) became in the public domain after it was obtained through no fault of the parties, or (iii) was already known to the party at the time it was obtained, or (iv) was made in the public domain by third parties after it was obtained in a lawful manner, i.e. without any breach of a duty of confidentiality.
(3) The confidentiality obligation shall also not apply to information that must be disclosed due to official or judicial orders or legal obligations. However, the parties shall immediately agree on such measures among themselves.
4. corplife undertakes to observe the relevant data protection provisions as amended from time to time and to impose compliance with these provisions on its employees as well as to take and maintain the necessary technical and organisational measures to ensure data protection. The corporate partner shall ensure the security measures for the protection of personal data provided for under the relevant data protection provisions as amended from time to time.
5. corplife processes the data of its advertising partners (contact persons, contact details, companies, contract terms) for the fulfilment of the respective contract. This data is processed for the term of the contract and thereafter for the retention period under tax law. With regard to the customer data of the advertising partners, corplife is the order processor under data protection law and the company partner is the responsible party. The order processor agreement attached to these GTC is an integral part of this agreement. Details of data processing can be found in corplife's data protection declaration in the currently valid version, available at https://www.corplife.at/datenschutz, to be taken from it.
CL undertakes to use the data of the employees that it receives in the course of online purchases in compliance with the provisions of the DSG as amended and further declares that the data protection provisions to be applied comply with the minimum legal requirements in each case.
13. miscellaneous
CL reserves the right to amend these GTC at any time without stating reasons, unless this is unreasonable for the Partner. CL will notify the Partner of any amendments to the GTC in good time. The Partner expressly gives CL its consent to the transmission of the amended GTC via e-mail. If the Partner does not object to the validity of the new GTC within six (6) weeks of notification, the amended GTC shall be deemed accepted by the Partner. CL will inform the Partner in the notification of its right to object and the significance of the objection period.
The exclusive place of jurisdiction and performance shall be Vienna.
Austrian law shall apply to the exclusion of conflict of laws and the UN Convention on Contracts for the International Sale of Goods.
Should individual provisions of the contract be or become legally ineffective, the remaining provisions shall remain unaffected.
