Commercial terms and conditions
1. Contracting parties
(a) The wording of these Commercial Terms and Conditions is binding on the Contracting Parties, i.e. the Client and the Provider.
because The Client – an organisation entering into a written contractual agreement with the Provider by signing an order form.
c. The Provider – The European Correspondent operating the website ‘www.europeancorrespondent.com’. The Provider is based in Switzerland, 4000 Basel.
2. Introductory provisions
a. These are considered to be the Commercial Terms and Conditions of the Provider.
b. These terms and conditions apply to the Provider and its Clients as of 1 January 2024.
c. The Commercial Terms and Conditions form an integral part of any contract between the Client and the Provider.
d. A contract between the Client and the Provider is established based on digital order forms (hereinafter the ‘Order’).
e. Unless the Provider informs the Client within two (2) business days after having received an Order that it does not accept certain conditions of the Order, the conditions mentioned in the Order will be deemed valid for the relationship between the Contracting Parties.
f. The agreed conditions of the contractual relations may be amended or cancelled only based on the express agreement of the two Contracting Parties.
3. Subject matter of the performance
The subject matter of the performance is the provision of services such as advertisement and promoted opinion/content (hereinafter the “Service”) according to the requirements specified in the Order.
4. Editorial independence
The Provider works based on editorial independence and does not adapt its coverage for its Clients.
5. Contract termination
a. The signing of an order form indicates a firm commitment by the Client to purchase a service from The European Correspondent. Unilateral cancellation of the contract is not permitted. Postponement may be considered, only if agreed by both parties.
6. Conditions governing unused services
a. Any Service, which was ordered, but has not been used by the Client within 12 months, expires unless agreed by written consent of both Contracting Parties.
b. Transfer of this Service in favour of other organisations is not possible unless agreed by written consent of both Contracting Parties.
7. Clients mentioned in publications
Clients will be mentioned with logo in the Provider’s publications.
8. Copyright and trademarks
The Provider is not liable for any possible consequences connected with any infringement of copyright.
9. Privacy protection
a. The Provider will protect any personal or Client’s information provided to it. The Provider is committed to protecting privacy and will not sell, trade or rent private information to third parties unless specifically mentioned.
b. The Provider undertakes to maintain confidentiality regarding any dealings connected with the subject of the performance.
11. Rates
All rates are listed in the Order.
12. Terms of payment
a. The Provider is entitled to issue an invoice upon signature of the Order Form.
b. The rate of the Service will be paid based on the invoice issued by the Provider.
c. The Client should pay for the Service in one installment within the period specified, counted from the invoice date to the Provider’s designated bank account, unless otherwise stated in the Order. If the payment conditions in the Order conflict with these Terms, the former should apply.
d. Client Payment is due 15 calendar days after the invoice date.
13. Late payment
If a Client does not pay on time after a reminder, the Provider reserves the right to remove any advertising material or references to the Client.
14. Defective service
a. A completed Service is considered defective if it has not been performed following the Order.
b. In all other cases, the Services shall be considered to have been performed properly.
15. Complaints
a. Any complaints must be made in writing. The complaint must state the grounds for the complaint, and describe the nature of the defects.
b. If the Provider recognises the Client’s complaint as justified, it shall provide a revision of the Service at its own expense.
16. Deadline for complaints
a. Any claims arising out of the liability for defects cease to be valid if they are made more than one month after the Service is completed.
17. Withdrawal from the contract
a. Either Contracting Party has the right to withdraw from the contract if, after entering into the contract, insurmountable obstacles arise on its part which prevent it from fulfilling its obligations.
b. The Contracting Party withdrawing from the contract must inform the other Contracting Party of this fact in writing.
c. The Provider is not liable to the Client for damage incurred due to the non-performance of a concluded contract if it is a result of unforeseeable and unavoidable events the occurrence of which the Contractor could not have prevented.
18. Governing law and jurisdiction
a. These terms shall be governed by and interpreted following the laws of Switzerland which shall have exclusive jurisdiction over any disputes.
b. In case of difficulty in implementing or interpreting these Terms, it will be submitted to arbitration by one arbiter designated by common agreement of the Contracting Parties, within one month of one party requesting it. In case the parties cannot agree on a joint arbiter, within one additional month, each one will designate one arbiter, and both arbiters will designate a third one. The parties will be bound by the findings of the arbiter(s).
c. The language of proceedings will be German and the legal principles will be those of Swiss law.
19. Severability/maintenance/statute of limitations
a. If any provision of this agreement is held by a court of jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect.
b. Any cause of action of the Client concerning these Terms must be filed in a court of competent jurisdiction within one year after the cause of action has arisen, or such cause will be barred, invalid, and void.
20. Force majeure
The Provider, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of the Service resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.
21. Changes to these terms and conditions
The Provider reserves the right to amend or modify these Terms or impose new Terms and Conditions at its convenience. Either Contracting Party will be deemed to have accepted all the new changes 24 hours after they are published on this page.
Contact [email protected] for more information.