1. GENERAL PROVISIONS
1.1 These terms and conditions (hereinafter the “Terms and Conditions”) regulate the terms and conditions for publishing advertising on the internet advertising server available at www.e-isin.eu and www.e-isin.com (hereinafter “e-ISIN”).
1.2 The operator of the e-ISIN internet advertising server is TOMES & PARTNERS Ltd., 85 Great Portland Street, London, England, W1W 7LT, Company Number: 09057322 (hereinafter the “Provider”).
1.3 These Terms and Conditions are effective and valid from 1 January 2022.
1.4. These Terms and Conditions include the Provider’s price lists and technical specifications for advertising, available on the e-ISIN website, unless otherwise specified in an order or the parties’ agreement.
1.5 These Terms and Conditions apply to all advertising ordered at e-SIN.

2. AMENDMENTS TO TERMS AND CONDITIONS
2.1 The Provider is entitled to unilaterally amend these Terms and Conditions and price lists at any time to a reasonable extent. An amendment is effective on the date it is made available at the e-ISIN website, unless a later effective date is specified by the Provider.
2.2 By concluding an advertising contract, the client declares that he/she/it has read these Terms and Conditions, the price lists and technical specifications, agrees to them and undertakes to comply with them.

3. ACCESSIBILITY, COMPREHENSIBILITY
3.1 The client declares that the wording of the Terms and Conditions, together with other pre-contractual information, was communicated and explained to him/her/it a sufficient time in advance before the conclusion of the contract. The client has duly familiarised him/her/itself with the wording of these documents and has not found any of the provisions of the Terms and Conditions incomprehensible or surprising.

4. DEFINITIONS
4.1 Advertising means a text or visual communication, other than an editorial text, disseminated in the media for financial remuneration or other agreed consideration. Such communications shall be deemed to be advertising even if they are not intended to promote the sale of the client’s products or services or are not made in connection with the client’s business.
4.2 Client means any person who orders the dissemination of advertising.
4.3 The dissemination of advertising takes place on the basis of advertising contracts.

5. CONCLUSION OF CONTRACT
5.1 The client orders advertising in a written order.
5.2 An advertising order must respect generally binding legal regulations.
5.3 An advertising contract is concluded when an order is confirmed in writing by the Provider.


6. CONDITIONS FOR ORDERING AND PUBLISHING ADVERTISING
6.1 The client is responsible for the timely delivery of source documents for the publication of advertising. Submissions must meet the technical specifications for advertising set by the Provider and published at the e-ISIN website. The client is responsible for the timely supplementation or alteration of the source documents if the Provider calls on him/her/it to do so. The client acknowledges that the Provider is not obliged to keep or return the source documents.
6.2 The client is responsible for the content of advertising and undertakes that neither advertising nor source documents for advertising submitted to the Provider shall be in breach of legal regulations, good morals and/or competition rules, that the rights and legitimate interests of third parties shall not be unjustifiably affected by the dissemination of such advertising, that generally binding legal regulations shall not be breached and that all financial claims arising from copyright works. The client declares that photographs submitted for advertising were taken with the consent of the persons depicted and that they agree to the publication of the photograph for advertising purposes. The client undertakes to indemnify the Provider against any injury or damage incurred by the Provider as a result of the publication of the advertising, including the costs of legal proceedings and the costs of legal representation.
6.3 The Provider is entitled to refuse an order or withdraw from an advertising contract in the following cases:
a) the advertising is in breach of the Terms and Conditions;
b) the content of the advertising or its dissemination is in violation of legal regulations or third party rights;
c) the source documents for the publication of advertising are incomplete or unusable.
6.4 The Provider is not obliged to justify the procedure in accordance with Article 6.3, but only to notify the client of its decision without delay. The Provider shall not be liable for damages caused by the procedure under Article 6.3 of this contract.
6.5 The client acknowledges that if the Provider applies the procedure in accordance with Article 6.3 and the client does not correct the alleged defects in the advertising ordered even after a request, the advertising price paid in full shall be due to the Provider as damages incurred in connection with the unpublished advertising.
6.6 The Provider shall advertise at times and locations as the Provider is able. Unless otherwise agreed in the advertising contract, the Provider will publish one-off advertising at the earliest possible date.
6.7 The Provider shall process non-graphic advertising in the usual manner before its publication and shall be entitled to demand payment of a fee for this service from the Client in accordance with the applicable price list.


7. PRICE OF ADVERTISING
7.1 The price of advertising is set by the Provider’s price lists published at the e-ISIN website.
7.4 Unless the advertising contract stipulates otherwise, the price of advertising is payable prior to the start of the dissemination of advertising upon the conclusion of the advertising contract.
7.5 The Provider shall issue the client with a tax document. Unless a different due date is specified in these Terms and Conditions or in the advertising contract, an invoice will be issued with a five-day payment period after the date of issue.
7.6 In the case of non-cash payment, the price of advertising is paid when the advertising price is credited to the Provider’s account.
7.7 If the price of advertising is not paid on time, or if there are reasonable doubts about the client’s ability to pay, the provider is entitled to refuse to distribute the advertising, refuse to execute further sub-orders, suspend dissemination or withdraw from the advertising contract.


8. TERMINATION OF CONTRACT
8.1 Either party is entitled to terminate the advertising contract by giving written notice delivered to the other party. Notice shall take effect upon delivery. Advertising that is being disseminated at the time the contract is terminated will be terminated on dates specified by the Provider.
8.2 The client expressly requires that the Provider commence the provision of services under the contract during the withdrawal period. In view of this fact, in the event of withdrawal from the contract, the client is obliged to pay the Provider an amount proportional to the extent of the services provided until the client informed the Provider of withdrawal from the contract. If the purpose of the contract is fulfilled before the expiry of the withdrawal period, the client has no right to withdraw from the contract.

9. CONTRACTUAL PENALTIES
9.1 In the event the client delays paying the price for the advertising or part thereof, the Provider is entitled to demand from the client the payment of a contractual penalty of 0.05% of the amount due for each day of delay. A contractual penalty shall be payable within seven (7) days of the receipt of the Provider’s written request by the client. The right to claim a contractual penalty is without prejudice to the Provider’s right to claim full compensation for damages.
9.2 Any monetary payment by the client shall be used by the Provider first for the payment of default interest and then, in the following order, for the payment of overdue liabilities, contractual penalties of the client and compensation for damages suffered in connection with or on the basis of an advertising contract concluded with the client.

10. COMPLAINTS
10.1 The Provider shall be liable for defects in advertising in the event of incorrect, illegible or incomplete dissemination of the advertising only if such defect affected the advertising’s purpose and the contract was breached in a material way. The client is obliged to notify the Provider of a defect in writing within five (5) days of the first dissemination of advertising. In the event of a legitimate complaint, the Provider will provide, at its option, a discount on the price of the advertising or free distribution of replacement advertising.
10.2 The client is not entitled to replacement advertising or a discount on the price of advertising if the defective dissemination of the advertising was caused by:
(a) defective source documents for the advertising that were not obviously recognizable when the order was accepted;
b) force majeure or an event not caused by the Provider.
10.3 For serious operational reasons or reasons of force majeure, the Provider reserves the right not to keep to the date or location of advertising distribution ordered. Unless the parties agree otherwise, the Provider is entitled to arrange for the dissemination of the advertising at the earliest possible time and an approximate location.

11. PERSONAL DATA PROTECTION
11.1 The Provider processes and protects the personal data it has obtained within the framework of the legal relationship with the client in accordance with the applicable legal regulations. Information on the manner, scope and purpose of processing the client’s personal data and on the client’s rights regarding the Provider is available in the Personal Data Processing Policy. Contact details for data protection officer: pd@e-isin.com.

12. OTHER
12.1 The Provider shall not be liable for any unauthorised interference with the e-ISIN website, unauthorised access to the Provider’s data or other unauthorised interference with the Provider’s computer systems. The Provider is not liable for damages caused by temporary interruption or limitation of the availability of the e-ISIN website.
12.2 Any deviating provisions in an advertising contract shall prevail over the provisions of these Terms and Conditions.
12.3 For legal disputes between the Provider and the client in commercial matters, the parties agree on the local jurisdiction of the court that covers the Provider’s registered office.