1. Scope and Subject Matter of the Contract
These General Terms and Conditions (GTC) govern the legal relationship between Arketon Yayıncılık (hereinafter "Publisher") and its customers (hereinafter "Customer") in connection with the creation, publication, and distribution of publications and media content.
The subject matter of the contract includes services in the field of publishing, in particular editorial supervision, proofreading, layout, production, and distribution of content in digital and printed formats. The exact services are specified in the respective individual contract or service offer.
2. Rights and Obligations of the Contracting Parties
2.1 Obligations of the Publisher
The Publisher undertakes to provide the agreed services carefully, expertly, and in accordance with industry standards. Communication regarding the project status will take place at reasonable intervals.
2.2 Obligations of the Customer
The Customer is obliged to provide all information, materials, and rights (e.g., texts, images, usage rights) necessary for the fulfillment of the contract in a timely, complete, and agreed-upon form. The Customer ensures that the provided content is free of third-party rights and does not contain any unlawful components.
2.3 Copyright and Usage Rights
The copyrights to the content supplied by the Customer remain with the Customer. Through the contract, the Customer grants the Publisher the non-exclusive, temporally and geographically unrestricted right to use, reproduce, and distribute the content for the agreed publication. For services created by the Publisher (e.g., layout, graphics), the Publisher retains the copyright and grants the Customer a simple usage right for the agreed purpose.
3. Remuneration and Payment Terms
The remuneration for the services is based on the agreed scope of services and is recorded in the contract or offer. All prices are plus statutory value-added tax.
Invoices are due within 14 days of the invoice date without deduction, unless otherwise agreed. In case of default, default interest at the statutory rate may be charged.
4. Liability Limitations
The Publisher is fully liable for intent and gross negligence. In case of slight negligence, the Publisher's liability is limited to the typical, foreseeable damages that were recognizable at the time of contract conclusion. Liability for indirect damages, lost profits, or data loss is excluded to the extent permitted by law.
This liability limitation does not apply to damages resulting from injury to life, body, or health or to claims under product liability law.
5. Contract Duration and Termination
The contract duration results from the respective project order. Projects with a fixed scope end with the complete provision of the service and acceptance by the Customer.
Either party may terminate the contract without notice for good cause. Good cause exists in particular if the other party fails to fulfill essential contractual obligations despite a warning and a reasonable grace period or acts in a significantly contractually non-compliant manner.
6. Final Provisions
Amendments or additions to these GTC require written form. This also applies to the waiver of the written form requirement.
If a provision of these GTC is or becomes wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. The parties undertake to replace an invalid provision with a valid regulation that comes as close as possible to the economic purpose of the invalid provision.
The law of the Federal Republic of Germany applies, excluding the UN Sales Law (CISG). The place of jurisdiction for all disputes arising from or in connection with this contract is, to the extent permitted by law, the registered office of the Publisher.
Contact for legal questions:
Arketon Yayıncılık
Veit-Wolf-Straße 575
Phone: 0771 0658406
Email: info@arketonyayincilik.com