General Terms and Conditions (GTC) for business customers of onvista media for advertising placements

1. Contract partner, advertising order

1.1 onvista media GmbH (hereinafter referred to as “onvista”) provides consulting and marketing services with regards to advertising both on its own websites, such as the onvista financial portal at www.onvista.de, and on the websites of its marketing customers (e.g., comdirect Informer). “Order” within the meaning of these General Terms and Conditions (hereinafter ‘GTC’) is the advertising order placed by a customer (“Client”) with onvista for the placement of one or more advertising spaces for the purpose of distribution on the Internet, on mobile websites or on the mobile apps and social media channels operated by onvista, as well as on one or more websites marketed by onvista.

1.2 An “advertising space” within the meaning of the following provisions may consist of one or more of the following elements: text or an image (e.g., button, banner, interstitial, logo, other integration into the website) or sound sequences and moving images, each with a reference (link) to the client’s websites or apps or to further websites or apps of onvista. Advertising space within the meaning of these GTC also includes other special forms of advertising offered by onvista (e.g., microsites or other content integrations, such as in comparison tools or social media formats).

2. Conclusion of contract, prices and discounts

2.1 Offers from onvista are always subject to change. The order is only finalized through written confirmation by onvista, by posting on the websites and apps marketed by onvista, or through other provision of advertising services. Verbal or telephone confirmations cannot replace a written confirmation. The client’s contractual partner is always and exclusively onvista. If orders are also generated via external marketing partners, these third parties act in their own name for the account of onvista.

2.2 Only these GTC and the price lists for the respective websites, mobile websites, apps, and social media platforms, which form an integral part of the order, apply. The general terms and conditions of the client or other advertisers expressly do not apply if they do not comply with these GTC. These GTC also apply to future orders placed by the client for advertising on the websites, mobile websites, apps, and social media platforms marketed by onvista, without the need for their renewed inclusion.

2.3 The current prices and discounts can be found in the currently valid price list for the respective brand. These are generally subject to the applicable statutory VAT.

2.4 In the event of changes to price lists, the new conditions shall also apply to current orders, immediately in the case of price reductions and one month later in the case of price increases.

2.5 Orders may be canceled. Cancellations must be received by onvista in writing. If a cancellation is made up to two weeks before the start of the campaign, the client will not incur any costs. The same applies to campaigns billed on a CPX basis. If bookings based on CPM billing are canceled less than two weeks before the start of the campaign, a processing fee of 30% of the net order value will be charged. For the purposes of these GTC, the net order value is the original order value minus all discounts granted by onvista. If the client cancels such bookings during the current campaign, onvista will charge a cancellation fee of 50% of the order value not yet settled at the time of cancellation and termination of the online advertising placement. In addition, the price for the online advertising already placed will be invoiced. Unless otherwise agreed, the discount rate applicable to the volume actually placed and delivered will be used as a basis for this. If a booking based on fixed-price billing is canceled less than two weeks before the placement date, onvista is entitled to invoice the client for 100% of the net order value, unless the client can prove to onvista that the advertising space can be sold elsewhere on the booked date. In the event of another booking, onvista is entitled to charge the client the difference between the new and old net order value plus a processing fee of 30% of the old net order value. No cancellation fees are charged for the cancellation of a campaign with CPX billing. If an ongoing campaign is terminated, the equivalent value already delivered will be billed effectively. The client is free to prove that onvista incurred expenses or damages in an amount lower than the cancellation fees and processing fees stated above.

3. Terms of payment

3.1 The remuneration specified in the order confirmation applies. If no remuneration is specified in the order confirmation, the prices valid at the time of order completion according to the corresponding price list on the respective website apply. The exact billing usually takes place at the beginning of the agreed placement period. For new customers, the first order must always be paid for in advance.

3.2 For advertisements that are billed on a “cost per click” (CPC) basis, onvista counts the number of clicks on the respective advertising spaces on a monthly basis for the booking period specified in the advertising order. A specific number of clicks per month is not guaranteed. The clicks on the respective advertising spaces are billed monthly by onvista at the beginning of the following month. Billing is based exclusively on the figures determined by onvista’s count. onvista has the right to stop a campaign at any time if the click rate of the advertising space is uneconomical for onvista.

3.3 For the invoice amount payable by the client to be considered timely, the amount due must be credited to the account specified in the invoice on the 10th day after invoicing by onvista.

4. Default of payment

4.1 In the event of default of payment or deferral, statutory default interest of 9 percentage points above the respective base rate of the European Central Bank shall be charged. If onvista proves a higher charge or the client proves a lower charge, the default interest shall be set higher or lower.

4.2 In the event of late payment, onvista may postpone further execution of the current order until full payment has been made and demand advance payment for the remaining delivery of advertising. Even during an ongoing advertising campaign, onvista may make the delivery of further advertising dependent on advance payment of the remuneration and settlement of outstanding invoice amounts, regardless of any originally agreed payment terms, if there are justified doubts about the client’s solvency.

4.3 The client may only offset onvista’s remuneration claims with undisputed or legally established claims.

5. Orders from agencies

5.1 Orders from advertising/media agencies will only be accepted for advertisers/product providers named specifically. An exception to this is the placement of programmatic advertising. In this case, however, it is important that the restrictions specified in section 9 are taken into account. Advertising for the products or services of a client other than the one specified in the booking requires the prior written consent of onvista in all cases. Unless otherwise agreed in writing, in case of doubt, orders from advertising/media agencies shall be deemed to have been concluded between onvista and the advertising/media agency itself.

5.2 onvista is entitled to request proof of mandate and proof of agency status from the advertising/media agency.

5.3 An AE commission (agency commission) of 15% on the net invoice amount (i.e., the invoice amount excluding VAT and after deduction of other discounts) may be granted on request for orders placed through an advertising/media agency. The granting of the AE commission is at onvista’s sole discretion and is subject to the proof of agency activity required by onvista in accordance with Section 5.2 and settlement with the advertising/media agency. There is no entitlement to the AE commission.

5.4 Advertising/media agencies are obliged to adhere to onvista’s price lists in their offers, contracts, and invoices to advertisers/product providers.

6. Placement of advertising space

6.1 onvista provides one or more technical platforms for the placement of advertising space or uses the platform provided by marketing partners. Advertising space can only be placed within the framework of this technical standard. The success of the advertising space is not guaranteed.

6.2 Advertising may only be placed in the areas specified in the price list for the respective website and in accordance with the specifications described therein or by individual agreement.

6.3 onvista is entitled to label advertising that is not recognizable as such with the words “advertisement” or “ad.”

7. Integrating Advertising

7.1 The client must deliver flawless, suitable electronic templates no later than 3 business days before the start of the advertising campaign. The electronic templates must be clearly and unambiguously labeled upon delivery and must comply with the currently available technical specifications of onvista. These can be viewed for the individual portals under the navigation point “Advertising bookings” at www.onvista-media.de.

7.2 The client shall ensure that the advertising material supplied by them is free of malicious software (such as viruses, Trojans, or software that is classified as malicious by onvista and/or third parties due to its programming or properties) and that the advertising material only contains personal data (including images, photos, names, etc.) that the client has lawfully collected and is permitted to process for advertising purposes, with the involvement of onvista. The client is obliged to notify onvista of any irregularities in the advertising material immediately after becoming aware of them (also in writing).

7.3 The following file formats are accepted for advertising banners: JPG, GIF, HTML5, BMP, PNG, and JavaScript redirect tags. Any deviations must be agreed with onvista in writing or by email. onvista’s obligation to store advertising material ends 3 months after the last distribution of the advertising space.

7.4 The client must check immediately whether the advertisement has been published without errors. Any defects must be reported within the first week after the start of placement. In the event of a subsequent complaint, the client shall bear the costs of the changes requested by them.

7.5 onvista does not guarantee the agreed placement of the advertisement if the advertising material is not delivered properly, in particular if it is delayed or in an uncoordinated format or without clear labeling. If advertising orders are no longer carried out or are carried out incorrectly for the reasons stated, the agreed advertising will nevertheless be invoiced in full. The client is not entitled to any claims for compensation. The client bears the risk when transmitting advertising material.

7.6 If, in the case of bookings based on fixed-price billing, the advertising material is delivered late or not in a flawless, suitable electronic format by the client, and if the placement of the advertising material is therefore only possible at a later date than the agreed date, onvista will consult with the client regarding the subsequent placement and obtain their consent.

7.7 If the client or persons commissioned by them are given access to the content management system of onvista or its cooperation partners, the access data provided must be kept secret and protected from unauthorized access by third parties. The client shall compensate onvista for all damages and indemnify it against any liability resulting from unauthorized access by third parties; this includes, in particular, but is not limited to, the costs of blocking and re-establishing access to the content management system, the costs of remedying data protection violations (Articles 33 and 34 of the GDPR), and any fines.

8. Right of rejection

8.1 onvista reserves the right to reject advertising orders in their entirety or individual advertising materials on the basis of their content, origin, or technical form in accordance with objectively justified principles, or to block advertising space that has already been published. Such reasons shall be deemed to exist in particular if there are indications that the advertising material supplied contains defective software within the meaning of Section 7.2 or that the content of the advertising violates laws, in particular specific legal regulations such as the German Health Services and Products Advertising Act, competition law provisions, official regulations, or the rights of third parties, or if its publication is unreasonable for onvista and/or its marketing customers. Unreasonableness is particularly given (without limitation) if

(a) the content could damage the reputation of onvista and/or its marketing customers. This includes, for example, information and representations that incite racial hatred, depict cruel or otherwise inhuman acts of violence against humans, or are likely to morally endanger children and young people or impair their well-being, as well as advertising for the sale, rental, and use of weapons and pornographic content;

(b) advertising contains forecasts for individual stocks and, in this context, makes recommendations to purchase stocks directly on the stock exchange; and/or

(c) graphic advertising prominently features individuals who are working for the advertising company at the time the advertisement is placed, either by displaying their image and/or mentioning their name.

8.2 If a product advertised by the client (or its customers) directly competes or would compete with a product advertised at the same time by onvista or a company affiliated with onvista, both parties may at any time request that the placement date of the customer’s advertising order be brought forward or postponed. In addition, either party is free to withdraw from the respective order. Payments made up to that point will be refunded by onvista, provided that the order volume has not already been used up. Discounts or other benefits granted to the customer upon conclusion of the contract shall remain in effect.

8.3 onvista may also withdraw advertising space that has already been published if the client subsequently makes changes to the content of the advertising space or the content found at the link address, thereby fulfilling the requirements of Section 9.1.

8.4 onvista shall notify the client of the rejection or blocking of an advertising order.

9. Liability of the client and granting of rights

9.1 When designing the advertising content and the content found at the link address, and when designing other advertising space provided by onvista (e.g., microsites, comparison tools), it is the sole responsibility of the client to ensure compliance with competition law, data protection law, national and international copyright and other property rights, as well as other relevant special provisions, such as provisions relating to credit, banking, securities trading, or advertising of medicinal products, unless the parties have agreed on joint controllership in accordance with Art. 26 GDPR on the basis of a separate agreement. The client guarantees that it has any necessary permission to act as an intermediary regarding the products advertised on the onvista websites and will maintain this permission for the duration of the advertising order.

9.2 The client transfers to onvista all rights necessary for the execution of the advertising order. This includes, in particular, the rights to use the advertising in all types of online media, including the copyright, related copyright, and other rights required on the Internet, in particular the right to store, reproduce, distribute, transmit, broadcast, edit, extract from a database, and retrieve. All rights are transferred for the duration and content necessary for the execution of the order. The client guarantees that it possesses all rights necessary for the placement of the advertising content and is authorized to transfer the aforementioned rights.

9.3 If the client collects or obtains data from the placement of its advertising material on the websites marketed by onvista by using special techniques, such as cookies or tracking pixels, the client is responsible for complying with the applicable data protection law in accordance with the GDPR when collecting, processing, and using personal data.

9.4 The client indemnifies onvista and its marketing customers against all claims for infringement of the aforementioned rights and legal provisions that may be asserted by third parties in connection with the publication of the advertising space and/or the content found at the link address, and/or due to the delivery of defective advertising material within the meaning of Section 7.2. The client is solely responsible for the completeness and accuracy of the information provided by them. The client shall reimburse onvista and/or its marketing customers for any expenses and costs of legal defense incurred in this connection, insofar as these are reasonable. This shall not apply if and to the extent that it is established that onvista and/or its marketing customers have contributory negligence. In addition, onvista shall be entitled to claim damages. In the event of the delivery of defective advertising material, this shall also apply to indirectly caused damage. onvista shall be entitled to offset the aforementioned claims. In the event of a claim, onvista shall inform the client immediately.

9.5 If the client receives anonymous or personal data in any form whatsoever from the placement of its advertising material on the websites marketed by onvista, the client may only evaluate this data within the scope of the respective campaign and, if the client is an advertising/media agency, exclusively for its specific advertising customer who commissioned the placement of the respective campaign. The evaluation may only include anonymous and personal data generated by advertising placements on the websites marketed by onvista. Furthermore, the client is prohibited from processing, using and/or disclosure any data from the placement of its advertising material on the websites marketed by onvista. In particular, the client may not store, evaluate, use for other purposes and/or pass on this data to third parties. This prohibition also includes, in particular, the creation and use of user profiles. If the client uses third-party systems for the delivery of advertising material on websites marketed by onvista, it guarantees that these system operators also comply with the provisions of this Section 10.5.

9.6 If the client violates Section 9.5, onvista shall be entitled in each individual case to assert a contractual penalty of up to 10 times the remuneration specified in the advertising order from which the unauthorized use of data originates. The assertion of higher damages, to which a contractual penalty would then be credited, as well as onvista’s right to terminate the contract without notice for good cause, remain unaffected by this. The customer is free to prove that the damage incurred by onvista is less.

10. Warranty by onvista

10.1 onvista warrants the placement of advertising space on the mutually agreed websites or specific areas of the respective websites or apps, as well as the best possible reproduction of the advertising space in accordance with the usual technical standards.

10.2 The execution of an advertising order that is canceled for editorial reasons, due to force majeure, strikes, legal provisions, or other unforeseeable events may, if possible, be brought forward or rescheduled. The client will be notified of this in advance. The same applies if the advertisement is to be embedded in an environment other than the one intended. If the client does not object to the intended change in writing within a period of 5 working days after notification by onvista, this shall be deemed to constitute the client’s consent. In the event that the advertisement cannot be brought forward or rescheduled, or the client objects to its embedding in a different environment, the client is entitled to a refund of the payments made up to that point, provided that the order volume has not already been used up. The production costs for the advertising space will not be refunded.

10.3 Unless otherwise specified in the order, onvista guarantees the client the volume of ad impressions specified in the order for the specified period. onvista uses a technical service provider to place the advertising orders or places the advertising formats via its own applications or directly integrated on the marketed platforms. Reporting takes place in accordance with the technical instance used by onvista and the client and represents the basis valid between onvista and the client for calculating the volume delivered; in case of doubts and deviations in the measured ad impressions, those of onvista shall apply. In the event of underdelivery, a settlement shall be made taking into account the respective thousand-contact prices. If a number of ad impressions guaranteed by onvista has not been fulfilled after this settlement, the client will receive a subsequent delivery or credit note.

11. Liability of onvista

11.1 onvista is not liable for the content of third-party websites it markets. The respective operator is responsible for the content of the websites within the meaning of the German State Treaty on Broadcasting (RStV) or the German Digital Services Act (DDG).

11.2 onvista shall only be liable for damages, regardless of the legal basis, in cases of intent or gross negligence on the part of its legal representatives, employees, or vicarious agents. Liability for gross negligence shall be limited to the typical, foreseeable damage typical under this contract. However, onvista shall be liable without limitation and for any fault in the event of damage resulting from a breach of essential contractual obligations, the provision of a guarantee, in the event of mandatory legal liability, or in the event of injury to life, limb, or health. Insofar as liability is excluded or limited, this also applies to the personal liability of onvista’s legal representatives, employees, or vicarious agents.

11.3 With the exception of the provision in Section 11.2, onvista’s liability for force majeure and unforeseeable events is excluded.

12. Miscellaneous

12.1 onvista is entitled to transfer individual or all rights and obligations arising from advertising orders to other affiliated companies within the meaning of Sections 15 et seq. of the German Stock Corporation Act (AktG).

12.2 Amendments to these GTC shall become effective when onvista notifies the client of the amendment in writing or by email and the client does not object to the amendment within a period of two weeks of receipt of the notification. Otherwise, amendments or additions to the contract must be made in writing.

12.3 These GTC are subject to German law, excluding the UN Convention on Contracts for the International Sale of Goods. The place of performance and jurisdiction is Cologne. However, the client may also be sued before any other court having jurisdiction over them.

12.4 Each party is obliged to treat as confidential all documents, data, and information from the other party’s business area (including the content of these GTC) that become known to them within the scope of these GTC and associated orders (“Confidential Information”). The confidentiality obligation covers all Confidential Information disclosed to the other party prior to the conclusion of an order and shall remain in force even after its termination. Confidentiality obligations under this Section 12.4 shall not apply if the Confidential Information (a) was already demonstrably known to the receiving party prior to disclosure; (b) was known to the public or generally available without violating the confidentiality obligation under this Section 12.4; (c) is equivalent to information disclosed or made available to the receiving party at any time by an authorized third party; (d) the receiving party is subject to a legal obligation or court/official order to disclose; or (e) onvista discloses the confidential information within its affiliated companies (within the meaning of Sections 15 et seq. of the German Stock Corporation Act (AktG)).

12.5 Should individual parts of the above terms and conditions be or become invalid, the validity of these General Terms and Conditions shall remain unaffected.

Last edited: September 27th, 2025