General Terms and Conditions (GTCs) of the editorial office Smarte Zeitung / Handel-Kempf

General
These terms and conditions apply to all text contributions (material), regardless of the method of delivery. Unless otherwise agreed in writing, they apply to all present and future business transactions between the /Edaktionsbüro Smarte Zeitung / Handel-Kempf and the commercial user of the contributions offered.
Deviating terms and conditions of the user are only valid if they are confirmed in writing. General terms and conditions of the user are hereby contradicted. German law is also valid for deliveries abroad.

Delivery
Before the material may be used, the commercial user contacts the editorial office Smarte Zeitung / Handel-Kempf and names a contact person. This contact is non-binding and does not oblige the user to accept the texts.
The user will generally receive the material via email. The complete texts are left to the user for non-binding examination and for simple use against payment. A passing on of the material to third parties is not permitted without written permission by the editorial office Smarte Zeitung as well as an effected fee payment to the editorial office Smarte Zeitung, according to the invoice. This also applies to drafts or rough versions.

Links to illustrations serve the information of the users and their handling with the data protection regulation. These will generally be images provided by a press office or institution for publication. However, it is the responsibility of the user to clarify the corresponding rights of use independently. The editorial office Smarte Zeitung / Handel-Kempf does not assume any responsibility with regard to illustrations, but will endeavor to point out the respective responsible contact persons.

The editorial office Smarte Zeitung / Handel-Kempf reserves the right to provide the texts to several interested parties for viewing at the same time.

Fees
Any editorial use or publication of the offered contributions or commissioned texts, including their public reproduction on the Internet, is subject to a fee. The same applies to text excerpts and for internal or external use by companies or institutions and authorities.  Requested raw text versions are to be paid for, as are preliminary versions. Commissioned, completed articles are to be paid in full in any case.
The amount of the fee shall at least correspond to the current recommendations of the Mittelstandsgemeinschaft Freier Journalisten (Association of Freelance Journalists) or the Texterverband (Association of Copywriters).
The terms and conditions agreed upon and usually confirmed in writing by both parties to the contract regarding work content and scope of work or order duration and end of order shall apply.
Should the scope of work change significantly, or should night and weekend work become due through no fault of the Contractor, it must be assumed that additional fees will become due. In particular, if the client subsequently expresses design wishes for the article that deviate from the original agreement, especially after submission of the finished text, the resulting additional work will be additionally remunerated. Upon request, the Contractor shall prepare a new offer for this purpose, which shall not affect the Client's obligation to pay for the work already commenced on the original order and offer.
The commissioned performance of appointments is - as with permanently employed editors - working time and will be invoiced as such. Expenses for out-of-town travel kilometers, possibly necessary overnight stays, as well as in case of larger expenditure of working material and telecommunication costs will be paid by the client according to agreement. In the event of additional expenses arising, these will be renegotiated.
Special arrangements: If commissioned appointments are cancelled or agreed articles are not published or not used on the date, a cancellation fee is still due in full. The same applies to other text orders. Discussions, preliminary work and "grinding" will be charged in full according to the hourly rate. Advance payments are to be made in the form of down payments after invoicing, for example in the amount of 50 percent of the order volume.
Fees are always net fees, payable without deduction and plus VAT. They become due with the use of the contribution and are to be paid immediately, at the latest, however, 20 working days thereafter to the account of the editorial office Smarte Zeitung / Handel-Kempf. If the payment is not made within this period, the editorial office Smarte Zeitung / Handel-Kempf must assume a copyright infringement, an increased usage fee of additional Euro 250,-- per contribution will be due automatically at first. Legal steps remain reserved.

Utilization of the material in electronic archives or database systems is possible at an additional charge of at least 25 percent or by agreement and/or invoicing. The user is responsible for observing the relevant data protection regulations.

Granting of rights / Copyright
All contributions offered by the editorial office Smarte Zeitung / Handel-Kempf always remain property of the author, for each use the regulations of the copyright law apply apart from the made agreements. Only the one-time use by printing or electronic reproduction is granted.
Editorial editing and modification of the text within the usual editorial framework is permitted. In doing so, the material may not be distorted or distorted in its tendency within the meaning of §14 UrhG (German Copyright Act). The user is obliged to observe the journalistic principles of the German Press Council (Press Code and Guidelines).
The rights granted shall only apply for the agreed purpose, language area and scope for one-time use. Any renewed use or other extension of the originally granted right of use is only permitted with the prior, written consent of the editorial office Smarte Zeitung / Handel-Kempf. This applies in particular to the release of the material for advertising purposes. Also the passing on of the material or the transfer of rights to third parties by the user may not take place without prior, written consent of the editorial office Smarte Zeitung / Handel-Kempf.
Exclusive rights or blocking periods must be agreed upon and honored separately.
Granted rights of use may not be transferred without the consent of the editorial office Smarte Zeitung / Handel-Kempf even if the transfer occurs in the context of the overall sale of a company or the sale of parts of a company ( § 34 paragraph 3 UrhG). This clause is to be regarded as a separate agreement pursuant to Section 34 (4) UrhG.
The transfer of secondary rights to collecting societies is reserved. Acceptance of the fee does not imply permission for the customer to exercise further rights.

Duties of the user
You inform the editorial office Smarte Zeitung / Handel-Kempf of the publication by sending a specimen copy or a royalty statement (according to § 25 Verlagsgesetz) free of charge.
The published texts are to be marked according to §13 UrhG with the name "Annegret Handel-Kempf" or the name abbreviation of the author "AHK", at least however with the editorial office abbreviation "SmZ", "JAH", "RBHK" or "RBSmZ" or the editorial office name , "Smarte Zeitung". This also applies in the case of online publications.
If the labeling is omitted or if the user violates § 14 UrhG, the journalist is entitled to compensation in the form of a surcharge of 100 percent of the respective usage fee plus any administrative costs. The user has to exempt the editorial office Smarte Zeitung / Handel-Kempf from claims of third parties resulting from the omission of the copyright notice or the distortion of the work.
Offered contributions, which are expressly marked with a blocking period (embargo), may not be published before the expiration of this period. Possible consequences resulting from a breach of this embargo are the responsibility of the user.

Liability of the editorial office Smarte Zeitung / Handel-Kempf
The editorial office Smarte Zeitung / Handel-Kempf is not liable in the event of errors or disruptions in service, delivery problems, errors in content or text. Likewise, the editorial office Smarte Zeitung / Handel-Kempf is not liable for violations of provisions related to the GDPR by the user / user / purchaser or by search engines, as well as in the case of unforeseeable events, disasters, pandemics and epidemics .
Further disclaimer: Journalistic photos, texts and research require special, data-sensitive methodology, which is served, for example, via the informant protection obligation and the journalistic due diligence, oriented to the GDPR - in accordance with the requirements for the journalistic professional field. Objections to the collection, storage and processing of personal data (including photos) within the scope of journalistic professional practice to the necessary, sparingly undertaken extent are therefore to be expressed clearly, explicitly and comprehensibly by those affected. Journalistic professional practice and journalistically necessary research must not be made impossible per se.
Note: Contact and other data (e.g. transcripts and recordings of interviews) are to be retained to a limited extent in order to be able to comply with journalistic obligations to provide evidence if necessary, whereby the obligation to protect informants is to be satisfied and the DSGVO is to be used as further guidance.

Final Provisions
The invalidity or ineffectiveness of individual provisions of these General Terms and Conditions shall not affect the validity of the remaining provisions.
The law of the Federal Republic of Germany shall apply. Place of jurisdiction is Munich.
(Status 10/22)