1. These terms and conditions regulate the relationship between DMKN GmbH, 50677 Cologne, Germany, and basic and/or gold providers on the DMKN and its partner sites, Logistics.de and DMKN, hereinafter jointly referred to as the DMKNs (the Client). Should the Client have dissenting terms and conditions, these shall only apply if DMKN GmbH has explicitly agreed to the same in writing.
  2. The Client shall grant DMKN GmbH the simple, unlimited right to use all content supplied for publication on the DMKNs within the scope of the agreement for the duration of the respective contract.
  3. The agreement shall be valid for 12 months. The agreement shall take effect as soon as the content supplied for publication on the DMKNs by the Client has been published. The term of the agreement shall be extended by the same length of time if the contract is not terminated by the Client one month before it expires. Notice of any termination must be sent to DMKN GmbH in writing.
  4. As consideration for the gold provider listing, the Client shall pay the remuneration stipulated on the page Why you should become a provider on the DMKNs to DMKN GmbH. The prices published on the date the Client’s application is received shall apply. An invoice shall be sent to the Client once his/her content has been published on the DMKNs. The invoice shall be payable in full within 14 days of receipt by the Client. No coverage or other performance indicator shall form part of this agreement in connection with a listing or post.
  5. The Client shall make any necessary amendments to his/her content published on the DMKNs himself/herself. The Client may delete his/her published content in full himself/herself at any time. In such cases, the Client shall not be entitled to a refund of the remuneration already paid.
  6. As part of the basic listing option, the Client has the option of submitting his/her own posts for publication on the DMKNs in a freely downloadable form. Publication of such posts is subject to quality control at the discretion of DMKN GmbH to ensure that the DMKNs’ standards are met.
  7. The Client guarantees that all content supplied by him/her – and proper use of such content on the DMKNs – does not violate applicable laws or infringe any third-party rights. The Client also exempts DMKN GmbH from all claims, damages and costs (including appropriate prosecution) arising in connection with failure to fulfil this guarantee or the associated actions of the Client.
  8. DMKN GmbH shall only accept liability for damage caused by gross negligence or deliberate acts by it or its vicarious agents. Furthermore, any liability shall be limited to compensation for the failure to perform fundamental duties which the Client should be able to rely on as a basic right, in particular due to undue delay, non-performance, insufficient performance or tortious acts. In the case of such a fundamental dereliction of duty, liability shall be limited to the amount of remuneration paid. Liability for gross and minor negligence vis-à-vis traders on the part of vicarious agents who are not legal representatives or senior employees shall also be limited to the amount of remuneration paid in the case of intent.
  9. The contracting parties undertake to treat as confidential all information and data received from the counterparty in connection with the execution of this contract and not to forward it to third parties without authorised approval. The obligations shall remain valid after the agreement has expired.
  10. Should one or several provisions in these terms and conditions be or become void, the validity of the remaining provisions shall in no way be affected.
  11. Where the Client is a trader, the place of jurisdiction for all disputes arising from the business relationship between the two contracting parties shall be Cologne.
  12. DMKN GmbH reserves the right to amend these terms and conditions at any time without providing reasons. The amended terms and conditions shall be sent to providers by e-mail two weeks before they come into force. If a provider does not object to the amendment within two weeks of the e-mail being sent, the amended terms and conditions shall be considered approved. If a provider objects to the amended terms and conditions, DMKN GmbH shall be entitled to terminate the existing contractual relationship with immediate effect to the exclusion of all claims for damages and delete all of the provider’s stored data.