General terms and conditions

1. Scope and parties

1.1 These terms govern all offers, bookings, subscriptions and services of SCREENCITY UG (haftungsbeschränkt), Teichäckerweg 2, 74081 Heilbronn, Germany (“Screencity”).

1.2 Our offers are aimed exclusively at businesses, that is entrepreneurs within the meaning of § 14 BGB, legal entities under public law and comparable bodies in other countries. We do not enter into contracts with consumers. When booking, the customer confirms that it is acting in the course of its commercial or professional activity.

1.3 Deviating terms of the customer apply only if we have expressly accepted them in text form. Individual agreements always take precedence over these terms.

2. Services

2.1 Screencity arranges and operates the display of advertising content on digital screens, in particular in shop windows, shopping centres, gyms, pharmacies and petrol stations, for the agreed period. Locations, duration, number and frequency of displays are set out in the booking or the offer.

2.2 For annual subscriptions paid in advance, Screencity produces the advertising spot free of charge. What is included is set out in the offer; 2 free changes are included during the subscription.

2.3 For monthly subscriptions and single campaigns, we make a separate offer for producing the spot on request.

2.4 Images and descriptions of the screens on the website are for guidance only. We may replace a screen with one of equivalent location and visibility, unless the customer has a legitimate interest in objecting.

3. Conclusion of contract

3.1 Requests sent via the website are not binding on either party.

3.2 The contract is concluded in one of these ways:

• by our booking confirmation in text form, for example by email;
• by the customer accepting our offer within its validity period. Offers are valid for 14 days.

3.3 Requested dates remain provisionally reserved until our confirmation, for no more than 7 days.

4. Subscriptions

4.1 Monthly subscriptions renew automatically from month to month. Either party can cancel them with effect from the end of any month, in text form or from the account area.

4.2 Annual subscriptions run for 12 months. They renew for a further 12 months unless cancelled in text form at least 1 month before expiry.

4.3 Single campaigns run for the period stated in the booking and end when it expires, without the need for cancellation.

5. Prices and payment

5.1 The prices stated in the booking or offer apply, in the currency stated there (EUR, CHF or USD), plus statutory VAT where applicable. For customers outside Germany the reverse charge procedure applies where provided for.

5.2 Payments are made in advance:

• single campaigns: no later than 5 working days before the start;
• monthly subscriptions: at the start of each month;
• annual subscriptions: for the whole year, before the start. The free spot (2.2) is only available if the whole year is paid in advance.

Until payment has been received, we are not obliged to start the display.

5.3 In the event of late payment, statutory default interest of 9 percentage points above the base rate applies (§ 288(2) BGB), plus a flat fee of €40 (§ 288(5) BGB). If a reminder remains unanswered, we may suspend the display.

6. Advertising content

6.1 The customer delivers the content in the technical formats stated on the website or in the offer, no later than 10 working days before the start. If content arrives late or cannot be used, the booked period still runs and the price remains payable.

6.2 The customer warrants that the content is lawful and that it holds all necessary rights: copyright, image rights, trade marks and music. It indemnifies Screencity against all third-party claims arising from the content, including reasonable legal costs.

6.3 In particular, content is prohibited that is:

• racist or discriminatory, for example on grounds of origin, religion, sex, sexual orientation, disability or age;
• inciting racial hatred, hatred against groups of people or violence;
• sexual or pornographic;
• contrary to the law or public decency.

6.4 We may refuse or remove content prohibited under 6.3, including during a running campaign. We may also do so for content that could harm our reputation or that of the location, or that conflicts with the rules of the location operator. In these cases the price remains payable unless the customer provides lawful replacement content in time.

6.5 If Screencity produces the spot, the customer receives the right to use it on Screencity’s screens for the term of the contract. Other uses, for example on social media, require a separate agreement. The spot is displayed only after the customer’s approval.

7. Display and availability

7.1 We aim for uninterrupted display. Interruptions due to technical faults, maintenance, power or network outages, force majeure, closure of the location or instructions from the location operator are possible.

7.2 If fewer than 90 % of the displays owed are shown in a booking period, we make up the missing part in the following period, in agreement with the customer. If this is not possible, we credit the missing part pro rata.

7.3 On request we provide proof of display, for example a playback report.

8. Cancellation and changes

8.1 The customer may cancel a booked and already paid campaign in text form. The costs are:

• up to 30 days before the start: free of charge;
• 29 to 8 days before the start: 50 % of the price;
• from 7 days before the start or once the campaign has started: 100 % of the price.

We refund the amount not owed within 14 days. The customer may prove that our loss is lower.

8.2 Moving a campaign requires our confirmation and is possible subject to availability. A move requested up to 14 days before the start is free of charge.

8.3 Subscriptions are cancelled in accordance with section 4.

9. Liability

9.1 We are liable without limitation:

• for intent and gross negligence;
• for injury to life, body or health;
• under guarantees we have expressly given;
• under the German Product Liability Act.

9.2 In the case of slight negligence, we are liable only for breach of essential contractual obligations, meaning obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer regularly relies. In that case liability is limited to the foreseeable damage typical for the contract, and in any event to the price of the contract concerned. For subscriptions, the limit is the price of 6 months.

9.3 We are not liable for loss of profit or for the advertising success of a campaign.

9.4 These limitations also apply to our employees and agents.

10. Data protection

Information on the processing of personal data is set out in our privacy policy.

11. References

We may name the customer as a reference, with name and logo, unless the customer objects in text form.

12. Changes to these terms

We may change these terms for running subscriptions by giving notice in text form at least 6 weeks in advance. If the customer does not object within this period, the changes are deemed accepted. In the notice we point out the right to object and the consequences of silence. In the event of an objection, either party may cancel the subscription.

13. Governing law and jurisdiction

13.1 German law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

13.2 The exclusive place of jurisdiction is Heilbronn if the customer is a merchant (Kaufmann), a legal entity under public law or has no general place of jurisdiction in Germany. We may, however, also bring proceedings at the customer’s general place of jurisdiction.

14. Final provisions

14.1 If any provision is invalid, the remaining provisions remain effective.

14.2 Declarations under these terms require text form, for example email, unless a stricter form is prescribed.