Legal
Advertising Terms
Updated:
1. Scope and Business Customers Only
1.1 These Terms govern the booking of advertising services via boilerplateads.com
from Oliver Riechert, Wiesenstraße 71, 29525 Uelzen, Germany ("we", "us").
1.2 Our advertising services are directed exclusively at businesses within the
meaning of Sec. 14 of the German Civil Code (BGB). We do not enter into contracts
with consumers within the meaning of Sec. 13 BGB.
1.3 When submitting a booking, you confirm that you are acting as a business or
self-employed professional and not as a consumer. We are entitled to request
evidence of this and to refuse a booking if the confirmation is evidently
incorrect.
1.4 These Terms apply to the exclusion of any conflicting terms of the customer.
Such terms do not become part of the agreement even if we do not expressly object
to them and even if we render performance without reservation.
2. Registration, Activation and Formation of the Contract
2.1 The presentation of placements and prices on our website does not constitute a
binding offer.
2.2 Registration and approval of your website are free of charge. You may
create an account and submit the website you wish to advertise for approval without
charge. We review the website submitted before approving it; approval is a
precondition for booking a placement which links to it. Each further website
requires a separate approval. Registration and approval do not oblige you to make a
booking, do not entitle you to approval, and do not entitle you to have a placement
delivered; delivery requires a booking under Section 2.3.
2.3 The procedure is as follows:
a) you select the domain on which the placement is to be delivered, the
placement type and the booking period, you supply the advertising creative
(Section 5) and the target URL of your own offering, and you give the
confirmation referred to in Section 1.3;
b) by clicking the booking button you submit a binding booking. The fee falls due
at that point and is paid in the payment step which immediately follows
(Section 4.4);
c) the contract is formed once the payment process has been completed
successfully. We confirm the booking in text form without undue delay,
stating the domain, the placement type, the booking period and the fee;
d) the placement is published for the booking period booked.
2.4 No fee is payable for registration or for the approval of a website. A fee
arises only from a booking under Section 2.3.
2.5 What is reviewed, and when. The website to be advertised is reviewed before
approval under Section 2.2, that is to say before any booking. The advertisement
itself — the ad text — is not reviewed before publication, and we make no
selection among advertisements. Section 6 applies.
2.6 Information on the conclusion of the contract. The technical steps leading
to the conclusion of the contract are set out in Section 2.3. Before submitting
your booking you can review and correct all entries in the booking form. These
Terms can be retrieved and saved at any time at
boilerplateads.com/advertising-terms, and we send the details of your booking with
the confirmation under Section 2.3 (c). The language available for the conclusion
of the contract is English. We do not adhere to any codes of conduct.
3. Scope of the Booking
3.1 Booking is per domain. We provide the placement of an advertising creative
on one of the websites of our network for the agreed booking period. Each booking
relates to one domain. The domain, the placement type, the booking period and
the price follow from the booking confirmation. The placement types available and
the prices are those set out on our website, and the technical specifications those
stated in the booking process, in each case as at the time of booking.
A booking does not confer any entitlement to delivery on other domains of the
network. Where you wish to book several domains, a separate booking is required for
each. Each such booking constitutes a separate contract and is assessed separately
for the purposes of Sections 3.2, 6, 10.3 and 11; a defect affecting one booking
does not affect the others.
The domains currently bookable are:
- boilerplateads.com
- boilerplatepress.com
- boilerplatenews.com
- boilerplatelist.com
- boilerplatedeals.com
- boilerplatenewsletter.com
- builtwithboilerplates.com
3.2 Changes to the inventory. We may add domains to the network or remove them
from it. If the domain booked ceases to be available during the booking period,
you may, at your option, either
a) have the placement delivered on a comparable domain of the network for the
remaining period, or
b) terminate the booking with effect from that point and receive a refund of the
pro-rata fee for the remaining period.
Where the placement has been delivered for less than half of the agreed booking
period at that point, you may instead terminate the booking in its entirety and
receive a full refund. Any further claims are excluded.
3.3 Unless expressly agreed otherwise, the booking relates to the booked domain,
the placement type and the booking period, and not to a particular position within
a page, a particular URL, or a particular article.
4. Prices and Payment
4.1 The applicable prices are those stated on our website at the time of booking,
as confirmed in the booking confirmation.
4.2 All prices are net prices. No VAT is charged pursuant to Sec. 19 of the
German VAT Act (small business scheme).
4.3 Where you are established outside Germany, we will inform you before the invoice
is issued how the transaction is to be treated for VAT purposes, and we may ask you
for your VAT identification number for that purpose.
4.4 Payment upon booking. The fee is payable in full and without deduction at
the time of booking, before publication of the placement. Payment is processed via
Stripe. You receive an invoice together with the booking confirmation.
4.5 If the payment process is not completed successfully, no contract is formed
and the placement is not published. No claim to performance arises on either
side.
4.6 If a payment already received is subsequently reversed — in particular by way
of a chargeback — we may suspend the placement without notice after issuing a
reminder and setting a deadline, without the claim to the fee being affected.
4.7 In the event of default in payment, statutory default interest applies
(Secs. 286, 288 BGB).
5. Your Obligations
5.1 You shall supply the advertising creative as part of the booking process,
within the limits specified by us — in particular as regards the maximum length of
the ad text and, where a graphic creative is booked, its dimensions, file format
and file size. The applicable specifications are stated in the booking
process. The booking confirmation identifies the version applicable to the booking,
either by setting the specifications out in full or by referring to them together
with the date of the version concerned. You shall also supply the target URL and,
where applicable, the banner text.
5.2 The target URL must be functional, must lead directly to the advertised
offering, and must not redirect to content of a kind referred to in Section 8.
5.3 Where a creative does not meet the technical requirements, the booking period
does not shift. The fee remains payable in full for the agreed period.
5.4 You are responsible for the content of the creative and the banner text.
5.5 No changes after booking. The creative, the banner text and the target URL
cannot be amended once the booking has been made. A different creative requires a
new booking. Section 6.3 remains unaffected.
6. Target URL Check and Removal
6.1 No review of the creative. We do not review the creative before
publication, and we make no selection among creatives. Publication is automated.
Section 7 remains unaffected: responsibility for the creative rests with you.
6.2 Approval of the website (Section 2.2). Before approval we check the website
submitted, in particular whether it is accessible and whether it presents content of
a kind referred to in Section 8. The check does not constitute any editorial
selection or assessment of quality, and we review neither the ad text nor the
accuracy of the statements it contains. A booking may only link to a website which
has been approved. Approval is free of charge and may be refused; no fee arises in
that case (Section 2.4).
6.3 Objection after approval. Where an approved website subsequently ceases to
meet the requirements of Section 8, we will inform you and set a reasonable period,
of at least five working days, within which you may remedy the matter or nominate a
different approved website as the target. We may suspend the placement until then.
If the matter is not remedied within that period, we may terminate the booking; in
that case we refund the pro-rata fee for the period not yet delivered, and the fee
in full where the placement has not yet been published.
6.4 Subsequent removal. We may remove or block a creative already published,
or restrict its visibility, where:
a) a breach of Section 7 or 8 becomes apparent after publication;
b) a competent authority or court so orders;
c) a substantiated notice under Section 12 has been received and, following
review, is well founded;
d) a compelling technical or security-related reason so requires.
In the cases under (a), the claim to the fee remains unaffected. In the cases
under (b) and (d), we will refund the pro-rata fee for the remaining period or,
at your option, extend the booking period accordingly.
6.5 No changes during the booking period. The creative, the banner text and
the target URL cannot be amended during the booking period (Section 5.5). Where a
target URL is replaced under Section 6.3, the replacement is subject to the check
under Section 6.2; Section 6.4 (a) applies to a replacement which breaches
Section 7 or 8.
6.6 Beyond the cases set out in Sections 6.4 and 3.2, a measure taken under this
Section 6 does not give rise to any claim for compensation.
7. Representations, Rights Granted and Indemnification
7.1 You represent and warrant that:
a) you hold all rights required to use the creative and to grant the rights set
out in Section 7.2;
b) the creative and the advertised offering do not infringe any third-party
rights, in particular copyright, trade mark, name, design, personality or
competition rights;
c) the statements made in the creative are lawful, in particular under
competition law, and are accurate and capable of substantiation;
d) the creative does not violate any statutory provision and is not otherwise
unlawful.
7.2 Rights granted. You grant us, for the term of the contract, a
non-exclusive, royalty-free, worldwide right to use the creative for the purpose
of delivering the booked placement. The right granted expressly includes:
a) reproduction, distribution and making available to the public on the booked
domain (Section 3.1) and, where a newsletter placement is booked, in the
relevant issues of the newsletter, including their archived versions;
b) editing and modification to the extent technically required for delivery — in
particular scaling, cropping, format conversion and compression;
c) the right to grant sublicences to service providers involved in hosting and
delivery, limited to that purpose;
d) continued validity for copies already distributed at the end of the booking
period — in particular newsletters already sent, caches and third-party
archives. This continuation is limited to the existing copies and does not
entitle us to any new delivery.
7.3 You shall indemnify us against all third-party claims asserted against us on
the basis of the creative or the advertised offering, including reasonable costs
of legal defence at statutory rates. We will notify you without undue delay of any
such claim, give you the opportunity to comment and will not acknowledge the
claim without your consent. This does not apply where you are not responsible for
the breach of duty.
8. Prohibited Content
8.1 The following may not be advertised or linked to:
a) content that is unlawful or infringes third-party rights;
b) gambling, betting and comparable games of chance;
c) pornographic and erotic content;
d) crypto assets, token sales, and offers promising financial returns;
e) political advertising and content within the meaning of Regulation
(EU) 2024/900;
f) tobacco, e-cigarettes, narcotics, weapons and prescription medicines;
g) content that is discriminatory, glorifies violence, or is otherwise
inconsistent with human dignity;
h) misleading or deceptive offers, in particular incorrect price statements,
invented reviews and testimonials, and content that conceals the identity of
the provider;
i) malware, phishing, and links to pages of that nature;
j) creatives which imitate the editorial content or the user interface of our
websites, or which are otherwise apt to be mistaken for our own content;
k) creatives containing automatically playing audio, or animation apt to
interfere with use of the page.
8.2 We may amend this list where this is necessary in order to take account of
changes in the law or in case law, or of security requirements. Bookings already
confirmed remain unaffected unless the amendment is required by law.
9. Labelling as Advertising
9.1 Every paid placement is labelled by us as advertising — with "Sponsored" or
"Advertisement" at the beginning of the placement, in the same font size as the
surrounding placement text.
9.2 This labelling is not at the customer's disposal. Sec. 6(1) no. 1 of the
German Digital Services Act (DDG) and Sec. 5a(4) of the German Act against Unfair
Competition (UWG) require the commercial nature of the placement to be clearly
identifiable. You may not waive the labelling, nor may you require it to be
altered, reduced in size, moved or replaced by a different form of words.
10. Availability, Reach and Disruptions
10.1 We do not warrant any particular number of impressions, clicks, enquiries or
conversions, and no particular availability of the placement.
10.2 Reach figures. Where we state reach figures, these relate exclusively to
subscriber numbers and page views. We do not measure email open rates or click
rates and therefore do not warrant any such figures. Our newsletter does not use
tracking pixels and does not rewrite links for measurement purposes. Banner
impressions and clicks are measured exclusively in anonymised, cookieless form.
10.3 In the event of a technical disruption for which we are responsible and
which results in the placement not being delivered for a continuous period of
more than 24 hours, we will extend the booking period by the period of the
disruption. A refund is granted only where extension is not possible.
10.4 Disruptions attributable to your own systems, to the target website, or to
the creative supplied by you do not give rise to any claim.
11. Booking Period; No Renewal
11.1 The booking is made for the booking period stated in the booking
confirmation. The booking period consists of whole calendar months, each
running from the first to the last day of the month; a single booking may cover
several months, which need not be consecutive. The contract is concluded for a
fixed term and ends upon expiry of the booking period without the need for
termination.
11.2 There is no automatic renewal. A further placement requires a new
booking.
11.3 There is no minimum term and no period of notice. Neither party has a
right of ordinary termination during the booking period; you receive the
placement for the period for which you have paid.
11.4 The right of either party to terminate for cause remains unaffected
(Sec. 314 BGB). Cause for termination by us exists in particular in the event of
a material breach of Section 7 or 8. In that case the claim to the fee for the
period already elapsed remains unaffected; the pro-rata fee for the remaining
period is refunded only where you are not responsible for the cause of
termination.
11.5 The rights granted under Section 7.2 (d) survive the end of the booking
period.
12. Notice and Action
12.1 Any person may notify us of a creative published on our websites which they
consider to be unlawful. The notice can be submitted to
hello@boilerplateads.com.
12.2 In order for us to be able to assess a notice, it should contain a
sufficiently substantiated explanation of why the creative is considered
unlawful, the exact electronic location, the name and email address of the
notifying person, and a statement confirming the good faith belief that the
information is accurate and complete.
12.3 We will confirm receipt of the notice without undue delay, decide on it in a
timely, diligent, non-arbitrary and objective manner, and inform the notifying
person of our decision and of the redress possibilities available.
12.4 Statement of reasons. Where we take a measure under Section 6.4 in
respect of your creative, we will inform you of the measure and provide a clear
and specific statement of reasons in accordance with Art. 17 of Regulation
(EU) 2022/2065 (Digital Services Act), stating the facts relied upon, the ground
for the decision, and the provision of these Terms on which it is based. The
statement of reasons may be brief and may refer to the relevant subsection of
Section 8.
12.5 Our point of contact under Art. 11 and 12 of Regulation (EU) 2022/2065 is
stated in our Legal Notice.
13. Outgoing Links
We reserve the right to provide outgoing links contained in creatives with the
attributes rel="nofollow" and/or rel="sponsored". No entitlement to a link
without such attributes exists, and no search engine effect of any kind is
warranted.
14. No Exclusivity
14.1 A booking does not confer any exclusivity. In particular, it does not
prevent us from delivering advertising for competing offerings — including in the
same placement type, in adjacent placements, or on the same page.
14.2 Exclusivity requires a separate written agreement and separate remuneration.
14.3 The number of placements available per calendar month is limited. Where a
month is shown as booked in the booking process, it is no longer available. No
entitlement to a particular month exists until the booking has been made.
15. Liability
15.1 We are liable without limitation for intent and gross negligence, and for
damage arising from injury to life, body or health.
15.2 In the case of simple negligence, we are liable only for breach of a
material contractual obligation — an obligation the fulfilment of which is
essential to the achievement of the purpose of the contract — and our liability
is limited to the foreseeable damage typical for this type of contract. Such
liability is limited in amount to the fee paid for the booking concerned.
15.3 We are not liable in the case of simple negligence for loss of profit, loss
of reach, or other indirect or consequential loss.
15.4 Liability under a guarantee expressly given by us and liability under the
German Product Liability Act remain unaffected.
15.5 The above limitations also apply in favour of our legal representatives,
employees and agents.
16. No Data Processing Agreement
Each party is a controller in its own right in respect of the personal data it
processes. The delivery of the placement does not involve processing on behalf of
the other party; in particular, we do not transfer any personal data of website
visitors to you. Accordingly, no data processing agreement pursuant to Art. 28
GDPR is concluded.
17. Miscellaneous
17.1 Governing law. These Terms are governed by German law, excluding the UN
Convention on Contracts for the International Sale of Goods.
17.2 Place of jurisdiction. To the extent permitted by law, the exclusive
place of jurisdiction for all disputes arising out of or in connection with this
agreement is our registered office. This applies in any event where you have no
general place of jurisdiction in Germany, where you relocate your domicile or
habitual residence outside Germany after conclusion of the agreement, or where
your domicile or habitual residence is unknown at the time the action is
brought.
17.3 Limitation period. Claims against us become time-barred one year after
the statutory limitation period commences. This does not apply to claims based on
intent or gross negligence, to claims arising from injury to life, body or
health, or to claims under a guarantee or the German Product Liability Act.
17.4 Set-off and retention. You may set off only claims that are undisputed,
acknowledged by us, or established by a final and binding judgment. You may
exercise a right of retention only in respect of counterclaims arising from the
same contractual relationship.
17.5 Force majeure. Neither party is liable for non-performance caused by
circumstances beyond its control which it could not have averted by reasonable
means — in particular natural events, war, acts of terrorism, industrial action,
official measures, epidemics, and failures of upstream telecommunications or
energy networks. The affected party will inform the other party without undue
delay.
17.6 References. We may name you, using your company name and logo, as a
reference on our websites and in our materials. You may object to this at any
time by notice to us.
17.7 Text form. Amendments and supplements to the contract require text form.
This also applies to any waiver of this requirement.
17.8 Language. The language of the agreement is English. Where translations
are provided, the English version prevails.
17.9 Severability. Should any provision of these Terms be or become invalid or
unenforceable, this shall not affect the validity of the remaining provisions.