General Terms and Conditions (GTC) of NZZone

1. Scope and Subject Matter of the Contract

1.1 These General Terms and Conditions (hereinafter «GTC») govern the contractual relationship between Neue Zürcher Zeitung AG, NZZone division (hereinafter «NZZone» or «Publisher»), and the client (hereinafter «Client») for all advertising orders.

1.2 These GTC apply to all forms of commercial communication, in particular advertisements in print publications, digital advertising formats (display, video, native advertising), inserts, sponsorship, events and job advertisements (collectively «Advertising Materials») published in media marketed by NZZone. This includes both proprietary brands of the NZZ Group and mandate titles.

1.3 Any conflicting or deviating purchasing conditions of the Client shall not be recognised unless NZZone has expressly agreed to their validity in writing.

1.4 For purely digital advertising bookings and technical processing carried out via the infrastructure of technology partners (in particular Audienzz AG), their technical specifications and data protection provisions shall apply on a subsidiary basis insofar as these GTC do not contain any overriding provisions.

2. Conclusion of Contract and Booking Process

2.1 A contract shall be concluded by (a) written or electronic order confirmation by NZZone, (b) acceptance of the booking without objection via electronic booking tools (e.g. Adconsole), or (c) the actual publication of the Advertising Material.

2.2 Advertising agencies and intermediaries must identify themselves as such when placing a booking and, upon request, disclose the name of the end client (agency reservation). NZZone shall be entitled to reject bookings from agencies if the creditworthiness or identity of the end client cannot be clearly established.

2.3 NZZone reserves the right to reject advertising orders without stating reasons or to suspend ongoing campaigns, in particular where their content violates applicable law, regulatory provisions or the ethical principles of the NZZ Group (right of refusal). Such rejection shall not give rise to any claims for damages by the Client.

3. Placement, Postponement and Cancellation

3.1 Placement requests shall be taken into account where possible but shall only be binding if expressly confirmed in the order confirmation as a «placement guarantee» subject to an additional charge (placement surcharge). In the absence of such agreement, NZZone shall determine placement in accordance with editorial and technical requirements.

3.2 If Advertising Material cannot be published on the agreed date for technical, editorial or operational reasons (e.g. force majeure, strike, system failure), NZZone shall be entitled to postpone publication to the next possible issue or slot. The Client shall be informed without undue delay.

3.3 Cancellations must be made in writing. If cancellation occurs after the advertising deadline published in the media data (print) or less than five working days prior to campaign start (digital), the full remuneration shall remain payable.

4. Delivery of Materials, Labelling and Design

4.1 The Client is responsible for the timely, complete and technically flawless delivery of print materials and/or digital assets in accordance with the current Technical Guidelines of NZZone. NZZone is under no obligation to verify the accuracy or completeness of submitted materials.

4.2 Advertising Materials must be clearly recognisable as such. NZZone shall be entitled to label Advertising Materials which, due to their design (layout, typography), could be confused with editorial content with the designation «Advertisement», «Advertising» or «Sponsored Content». The imitation of the editorial layout («look and feel») of the respective media is prohibited unless expressly agreed within the framework of a booked «native advertising» format and produced by NZZ Story Lab.

4.3 In the event of late or defective delivery of materials, NZZone assumes no responsibility for proper publication. The Client’s obligation to pay shall remain unaffected. Any additional work required due to inadequate materials shall be charged to the Client.

5. Prices, Payment Terms and Agency Commission

5.1 The rates published at the time of conclusion of the contract shall apply, plus statutory VAT. Discounts (e.g. volume or frequency discounts) require a separate agreement.

5.2 Invoices are payable within 30 days of the invoice date without deduction. NZZone reserves the right to require advance payment in the case of new clients or credit risks.

5.3 In the event of default of payment, default interest of 5% per annum and reminder fees (CHF 30 for the first reminder, CHF 50 for the second reminder) shall be charged. In case of default, NZZone shall be entitled to suspend further execution of ongoing orders until full payment has been received (right of retention) and to subsequently revoke all granted discounts.

5.4 The granting of an agency commission to recognised media or advertising agencies requires proof of corresponding agency activity and shall be calculated on the net advertising price. Passing on the commission to the end client shall be the responsibility of the agency.

6. Warranty and Complaints

6.1 NZZone warrants the best possible reproduction of the Advertising Material in accordance with the usual technical standards. The Client acknowledges that absolute perfection cannot be guaranteed in newspaper printing (e.g. paper quality, colour saturation) or online (e.g. browser variance, ad blockers).

6.2 Minor deviations (e.g. slight colour variations, registration discrepancies) shall not constitute a defect.

6.3 The Client must examine the published Advertising Material without undue delay. Complaints regarding obvious defects must be submitted in writing within three working days of publication. In the event of justified defects, the Client shall be entitled to a replacement publication or, if this is impossible, to an appropriate reduction in price. Further claims, in particular rescission or damages, are excluded.

7. Liability

7.1 NZZone’s liability shall be limited to damages caused by wilful misconduct or gross negligence. Liability for slight negligence shall be excluded to the extent permitted by law.

7.2 Liability for indirect or consequential damages, loss of profit or data loss is excluded.

7.3 NZZone does not guarantee permanent availability of websites or technical platforms. Downtime due to maintenance, system disruptions or force majeure shall not give rise to claims.

8. Responsibility for Content and Indemnification

8.1 The Client bears sole responsibility for the content and legal admissibility of the Advertising Materials. The Client warrants that it holds all necessary rights (copyright, trademark, personality rights) and that the Advertising Materials do not violate applicable laws.

8.2 The Client shall indemnify NZZone, its corporate bodies and employees against all third-party claims arising in connection with publication of the Advertising Materials. This indemnity includes reasonable legal defence costs and court fees.

8.3 In the event of a request for a right of reply pursuant to Art. 28 et seq. Swiss Civil Code, NZZone shall determine the appropriate course of action. If a right of reply must be published, the Client shall bear the costs in accordance with the applicable advertising tariff.

9. Data Protection

9.1 NZZone processes the Client’s personal data for contract performance and marketing purposes in accordance with the applicable privacy policy of the NZZ Group.

10. Final Provisions

10.1 Amendments and supplements to these GTC must be made in writing. This also applies to any waiver of the written form requirement.

10.2 Place of performance and exclusive place of jurisdiction for both parties shall be Zurich.

10.3 Substantive Swiss law shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

10.4 Should individual provisions of these GTC be invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a provision that most closely reflects the economic purpose of the invalid provision.