General Terms and Conditions of Advertising in "Economedia" AD Internet Publications
I. Subject
These General Terms and Conditions regulate acceptance and publication conditions for advertisements/advertisement forms in "Economedia" AD Internet Publications and are
mandatory for Advertisers and Advertising Agencies of the one part, and binding for "Economedia" AD of the other part.
For the purposes of these General Terms and Conditions "Advertising Form" shall mean manner and form of presentation and distribution of specific advertising content or
message. Relations between "Economedia" AD and Advertisers/Advertising Agencies, desiring to publish against consideration advertisements/advertisement forms in "Economedia" AD’s Internet publications and in respective partner sites of Partners – part of "Economedia" AD’s online partner network are resolved based upon written agreement between the parties, explicitly regulating application of these General Terms and Conditions or based upon order (in case of
single time only publication). In the event of conflict between these General Terms and Conditions and provided for in the agreement between the parties, the agreement or order shall have precedence. In specific cases (when no agreement is in existence between the parties or in the event of single time only publication), based upon "Economedia" AD’s judgment, relations with Advertiser and/or Advertising Agency are resolved based only upon prepared media plan or offer, containing media plan, sent by one party to the other party by E-mail or Fax. Тthus sent media plan or offer shall be binding for the parties as of the moment of receipt of confirmation/consent by the opposite party of sent media plan or offer. Consent may be directed by E-mail of Fax. In this case, these General Terms shall apply to relations between the parties, of which parties shall explicitly agree via approval of offer /media plan.
General Terms and Conditions Amendment
"Economedia" AD may amend these General Terms and Conditions unilaterally. All amendments to these General Terms and Conditions were published on "Economedia" AD’s site – economedia.bg in the "General Terms and Conditions" section, simultaneously with amendment notice of "Advertising Center" home page at Internet address www.economedia.bg.
Each Advertiser/Advertising Agency has the chance to become acquainted with the amended General Terms and Conditions and within 7-days term of their publication to express in writing disagreement with said amendments. If within the limits of this term written objections are not delivered, it shall be deemed that Advertiser/Advertising Agency has accepted amendments and they shall be binding. Amended conditions shall be binding for "Economedia" AD as of the moment of their publication at address: economedia.bg, save if not explicitly indicated otherwise.
II. ADVERTISING FORMS AND MATERIALS CONTENT REQUIREMENTS.
1.1. Each advertising form, submitted to "Economedia" AD, must be legal, decent, honest, and true. Liability for ordered advertisement’s content and compliance of text and Image to normative regulations of Bulgarian legislation shall be borne by Advertiser/ Advertising Agency
1.2. Publication shall be disallowed of advertising forms of goods, services, or persons, under special permission regime in compliance with legal and normative regulations, if all
requisite documents are not at hand, proving right to exercise respective activity or production.
1.3. Advertiser, including each Advertising Agency, participating in advertising form orders, guarantees each advertisement submitted for publication and containing name or
photo/picture image of any living person and/or any part of living person and/or material, by which any living person could be identified, he has acquired permission of said living person to use the name or image in the manner of use in the advertisement specified herein above and in the event of claim against "Economedia" AD resulting form publication, Advertiser/Advertising Agency shall indemnify "Economedia" AD within the limits of the law for all expenses, damages, and losses, suffered by latter as a result of claim.
1.4. In the event on any occasion in connection with published advertisement "Economedia" AD is held liable, Advertiser/Advertising Agency shall be obligated to indemnify "Economedia" AD.
2. Advertiser/Advertising Agency shall be obligated to check precise content of advertisement/advertising form. Upon establishing of error in the advertising form, Advertiser/Advertising Agency shall be obligated to immediately notify an employee of Advertising Department of "Economedia" AD’s Internet publications, and to provide advertising material containing correct information.
3. "Economedia" AD shall not be liable for committed error in advertising form or repetition of error in advertising form.
III. ADVERTISING FORMS AND MATERIALS PROVISION REQUIREMENTS. ADVERTISING CAMPAIGN REJECTION LIABILITY, ADVERTISING CAMPAIGN STATED AND COORDINATED AMOUNT REDUCTION, COORDINATED MEDIA PLAN AMENDMENTS.
4. A technical person of "Economedia" AD shall accept all advertising forms for publication after inspection. "Economedia" AD reserves its right to decline publication of advertising forms, not in compliance with "Economedia" AD’s Technical Requirements provided for in the advertising tariffs of relevant Internet publications of "Economedia" AD until advertising forms are not made compliant thereto.
5. Standard, ready advertising forms must be provided no later than 2 (two) business days prior to campaign’s commencement. Each delay in presentation of advertising forms by fault of Advertiser/Advertising Agency shall be to the account of latter. "Economedia" AD shall commence advertising campaign using official banners upon own judgment, which shall be replaced by advertising forms of Advertiser after their approval in conformity with these General Terms and Conditions. In this case, advertising campaign shall be conducted in compliance with the media plan coordinated in advance and "Economedia" AD shall not owe compensation.
6. Substandard, ready advertising forms shall be accepted no later than 5 (five) business days prior to testing and approval campaign’s commencement. Each delay for provision of advertising forms by fault of Advertiser/Advertising Agency shall be to the account of latter. In case of delayed provision of advertising forms, "Economedia" AD shall start the campaign by using official banners upon own judgment, which shall be replaced by advertising forms of Advertiser after their approval in compliance with these General Terms and Conditions. In this case, advertising campaign shall be conducted in conformity with the media plan coordinated in advance and "Economedia" AD shall not owe compensation.
7.1. In the event of rejection on part of Advertiser/Advertising Agency to provide required materials for inspection of advertising forms in view of "Economedia" AD’s Technical Requirements, "Economedia" AD reserves its right to reject publication of advertising forms.
7.2. Cases in which Advertiser/Advertising Agency fail to provide required materials for inspection of advertising forms on part of "Economedia" AD, "Economedia" AD shall not undertake provision of statistics and shall not be liable if advertising materials cause moral damage. Liability for content and vision shall fall entirely upon Advertiser/Advertising Agency. In this case "Economedia" AD reserves its right to terminate advertising form’s ppublication.
7.3. In case Advertiser/Advertising Agency cannot provide web page/internet address, linked to advertising form, "Economedia" AD reserves its right to reject publication . Exception shall be made in cases, where additional memorandum of understanding is in existence between Advertiser/Advertising Agency and "Economedia" AD, for latter to prepare promo page in PDF or HTML format, to be hosted on "Economedia" AD’s server. In the event of additional request on part of Advertiser/Advertising Agency for hosting of promotional pages on Economedia" AD’s server, Advertiser/Advertising Agency shall be obligated to notify "Economedia" AD 3 (three) days prior to advertising campaign’s commencement, and no additional charge shall be made if web page content is within the limits of 1 МB.
8. Advertiser/Advertising Agency must approve a media plan prepared by "Economedia" AD within a term of 24 hours after its receipt. Within this term, until receipt of confirmation from Advertiser/Advertising Agency, "Economedia" AD reserves its right to alter independently the media plan depending on its available resources, and after media plan’s confirmation, changes shall be possible only after coordination with Advertiser/Advertising Agency.
9. In case of advertising campaign rejection, reduction, or cancellation of publications and other changes in already coordinated and approved media plan, performed prior to advertising campaign’s commencement, Advertiser/Advertising Agency shall owe "Economedia" AD the following defaults:
9.1.а In the event of advertising campaign rejection within a term of less than 3 (three) business days prior to advertising campaign’s planned launch, Advertiser/Advertising Agency shall owe "Economedia" AD default to the amount of 15% of advertising campaign’s gross amount, but not less than BGN 200 (two hundred).
9.1.b. In the event of advertising campaign rejection within a term of 3 (three) to 7 (seven) business days prior to advertising campaign’s planned launch, Advertiser/Advertising Agency shall owe "Economedia" AD default to the amount of 10% of advertising campaign’s gross amount, but not less than BGN 100 (one hundred).
9.1.c. Advertiser/Advertising Agency shall not owe default in case rejection was made within a term of more than 8 (eight) business days prior to advertising campaign’s launch.
9.2.а. In case of reduction of stated and confirmed budget of advertising campaign, within a term less than 3 (three) business days prior to advertising campaign’s planned launch,
Advertiser/Advertising Agency shall owe "Economedia" AD default to the amount of 15% of gross sum of difference of two budgets’ amounts, but not less than BGN 100 (one hundred).
9.2.b. In case of reduction of stated and confirmed budget of advertising campaign, within a term of 3 (three) to 7 (seven) business days prior to advertising campaign’s planned launch, Advertiser/Advertising Agency shall owe "Economedia" AD default to the amount of 10% of gross sum of difference of two budgets’ amounts, but not less than BGN 100 (one hundred).
9.2.c. Advertiser/Advertising Agency shall not owe default if reduction of stated and confirmed advertising campaign budget was made within a term of more than 8 (eight) business days prior to advertising campaign’s launch.
9.3.а. In the event of media plan change (repeat planning) of advertising campaign within a term of less than 3 (three) business days prior to advertising campaign’s planned launch, Advertiser/Advertising Agency shall owe "Economedia" AD default to the amount of 15% of advertising campaign’s gross amount, but not less than 100 BGN.
9.3.b. In the event of media plan change (repeat planning) of advertising campaign within a term of 3 (three) to 7 (seven) business days prior to advertising campaign’s planned launch, Advertiser/Advertising Agency shall owe "Economedia" AD default to the amount of 10% of advertising campaign’s gross amount, but not less than BGN 100 (one hundred).
9.3.c Advertiser/Advertising Agency shall not owe default in case, request for change in media plan (repeat planning) was made within a term of more than 8 (eight) business days prior to advertising campaign’s launch.
10. In case of advertising campaign termination, reduction, or cancellation of publications and other changes in already coordinated and approved media plan, executed after commencement of stated and approved advertising campaign, Advertiser/Advertising Agency shall owe following defaults to "Economedia" AD:
10.1. In case of advertising campaign termination after launch , Advertiser/Advertising Agency shall owe "Economedia" AD default to the amount of 15 % of gross sum from remainder of advertising campaign’s amount as of the moment of campaign’s termination.
10.2. In case of reduction of stated and confirmed budget of advertising campaign, Advertiser/Advertising Agency shall owe "Economedia" AD default to the amount of 15 % of
gross sum of difference between two budgets’ amounts.
10.3. In the event of media plan change (repeat planning) of advertising campaign, Advertiser/Advertising Agency shall owe "Economedia" AD default to the amount of 10% of advertising campaign’s gross amount. Default’s amount may be reduced upon "Economedia" AD’s judgment taking into account nature of requested media plan change.
IV. ADVERTISING FORM PUBLICATION
11. "Economedia" AD shall publish advertising forms upon assignment by Advertiser or Advertising Agency by way of individual written agreement, based upon advertising forms media plan – publication scheme approved in advance by the parties or upon submitted order in case of single time only publication. Each media plan shall specify client, term, sequence, etc. advertising conditions.
12. Media plans shall be accepted no later than 3 (three) business days prior to campaign’s commencement, after executed inspection of position availability. Exceptions of indicated minimum term shall be allowed upon "Economedia" AD’s judgment, in case free resources are available.
13. "Economedia" AD shall inspect and accept within due term Advertiser/Advertising Agency orders, and shall raise all its objections on submitted by Advertiser/Advertising Agency media plans and advertising materials on the following business day after the submittal date. If objections were not raised by "Economedia" AD within this term, it shall be deemed orders were accepted without objections.
14. "Economedia" AD reserves its right to introduce changes to placement and dimensions of advertising forms in case of technical and/or technological problems, coordinated in advance with Advertiser/Advertising Agency.
15. In case "Economedia" AD cannot implement media plan or parts thereof, due to engagement of positions or other reasons, "Economedia" AD shall coordinate with Advertiser/Advertising Agency advertisement relocation to another position and/or site. "Economedia" AD’s obligation shall be limited to implementation of unpublished parts of media plan in a manner coordinated with Advertiser/Advertising Agency, and "Economedia" AD shall be obligated to publish the total number of purchased impressions for respective campaign, without guaranteeing even distribution by days of advertising publications. "Economedia" AD shall not owe return of paid sums.
V. PRICE POLICY
16. Advertising forms shall be published under assignment by Advertiser/Advertising Agency against payment of consideration, specified in compliance with currently effective Advertising Tariff of "Economedia" AD’s Internet publications and covenants contained in the agreement.
17. "Economedia" AD shall have the right to alter site advertising tariffs any time. Upon eventual price reduction, provided for in advertising tariff, prices of all orders prepaid by
Advertiser/Advertising Agency within the agreement’s term shall be recalculated and brought in conformity with the new tariff. Advertiser/Advertising Agency is protected of eventual advertising tariff increase only within the frameworks of already paid media plans and publication schemes.
18. Advertising positions purchased by the Advertising Agency are Advertising Agency’s possession in favor of its indicated client and cannot be transferred in favor of third persons,
unless explicitly agreed to otherwise. The Advertising Director must approve all subsequent deals with purchased publication positions.
19. Advertising agencies use a commission to the amount of 15%, save for cases specified in hereinafter below.
20. For special project advertisements, columns and services branding within "Economedia" AD’s sites, advertising agency’s commission shall amount to 10%. Volume discount: Volume discount shall be valid within the limits of one calendar year. Advertising agencies use volume discounts by clients.
21. Contracted advertising sums must be paid in advance, no later than 1 (one) business day prior to campaign’s commencement in conformity with a pro-forma invoice, issued by
"Economedia" AD. Contracted sums on an annual base shall be paid in advance or spaced out, upon agreement.
22. Upon delay of due payments "Economedia" AD reserves its right to postpone advertising campaign, and in the event of spaced out payment Advertiser/Advertising Agency shall also owe default to the amount of 0.5 % of due sum per each day of delay.
VI. RIGHTS AND OBLIGATIONS OF THE PARTIES
23. "Economedia" AD shall be obligated to take due care to provide a chance to Advertiser/Advertising Agency for normal use of services – subject matter of these General Terms and Conditions and individual written agreement or order.
24. Within a term of 2 (two) business days after campaign’s commencement, "Economedia" AD shall provide Advertiser/Advertising Agency access to online statistics for number of impressions and clicks (visits), as well as other statistical information of respective advertising campaign. Access shall be implemented by typing unique user name and password for access, which "Economedia" AD shall provide Advertiser/Advertising Agency.
25. Each Advertiser/Advertising Agency shall receive a certificate as regards to logged number of impressions and clicks within the limit of 5 business days after campaign’s completion. Preparation and sending of certificate in hard copy format shall be issued only upon request on part of Advertiser/Advertising Agency.
"Economedia" AD reissues certificates pertaining to advertising campaigns implemented before no more than 6 (six) months form the date of certificate’s issue.
26. Advertising campaign analysis preparation shall be executed within the limits of 10 (ten) business days after campaign’s termination. Advertiser/Advertising Agency shall pay for this service additional consideration to the amount of BGN 100.
27. Advertiser/Advertising Agency agrees to abide by conditions specified by "Economedia" AD, in connection with requirements as regards to advertising materials and forms, technological terms of work of "Economedia" AD, as well as in regards to any other line of behavior adopted by, "Economedia" AD and intended to protect or improve quality and reliability of services.
27.1. Advertiser/Advertising Agency undertakes, upon use of advertising services provided by "Economedia" AD to:
- observe Bulgarian legislation, applicable foreign laws, these General Terms and Conditions, Technical Requirements, and Internet Ethics;
- not to perform actions, representing breach of third persons’ intellectual property rights;
- immediately notify "Economedia" AD of each case of committed or established breach upon use of provided services;
- observe his obligations, provided for in these General Terms and Conditions.
27.2. In the event of breach of obligations under item 27.1 on part of Advertiser/Advertising Agency, "Economedia" AD shall have the right to immediately terminate publication of respective advertising material.
VIІ. CONSIDERATION
28. In the event of dispute or discontent on part of Advertiser/Advertising Agency as regards to publication of advertising forms, "Economedia" AD shall be obligated to provide statistics and other data on relevant advertising material publication, to be inspected in the presence of both parties representatives with protocol drawn to that end.
28.1. Advertiser/Advertising Agency must direct claims as to publication of advertising forms within a term of 1 month, as of relevant advertising campaign’s commencement. In case claims were filed after expiration of specified term, "Economedia" AD shall not be obligated to review relevant claim and shall not owe compensation.
28.2. In case of accepted claims, "Economedia" AD shall be obligated to ensure publication of relevant advertising form in compliance with Advertiser/Advertising Agency’s requirements.
VIІІ. ADVERTISEMENT AGREEMENTS TERM. TERMINATION
29. The term of advertisement publication written agreement shall be set therein. In case relations between the parties were settled based upon approved offer or media plan, the
agreement between the parties shall be deemed concluded for a term up to relevant advertising campaign’s performance.
30. The agreement shall terminate by expiration of the term set therein. "Economedia" AD may terminate advertising agreement unilaterally without prior notice in the event of systematic /three instances/ breach of payment obligations on part of Advertiser or Advertising Agency.
IX. LIABILITY. LIABILITY LIMITATION
31.1. "Economedia" AD does not guarantee and shall not be held liable for achieved efficiency of Advertiser/Advertising Agency’s advertisement, published in compliance with these General Terms and Conditions and written agreement.
31.2. "Economedia" AD shall not be held liable for failure to provided services upon setting in of circumstances beyond its control – cases of force majeure, acts of God, problems in global Internet network and in provision of services outside the control of "Economedia" AD, as well as in case of unregulated access or intervention of third persons in functioning of information system.
31.3. Parties hereto accept that "Economedia" AD shall not be held liable for failure to provide services or in the event of services provision with inferior quality due to tests performance on part of "Economedia" AD for the purpose of checking equipment, connections, networks, etc., as well as tests directed to provide service improvement or optimization.
32. Advertiser/Advertising Agency undertakes to indemnify "Economedia" AD for all suffered damages and performed expenses, due to filed claims and/or paid indemnities to third persons in connection with Internet/web/ pages and materials, which Advertiser/Advertising Agency has made available to third persons and or has made accessible via use of services provided by "Economedia" AD in breach of currently effective Bulgarian Legislation, applicable foreign laws, and these General Terms and Conditions or high morals.
33. In the event of imprecise publication or omission in Advertising campaign by fault of "Economedia" AD, Advertiser/Advertising Agency shall be compensated during the advertising campaign period or during the next campaign.
34. Upon performance of stated impressions ahead of term, Advertiser/Advertising Agency, "Economedia" AD shall be obligated to continue advertisement’s publication until expiration of the term under the agreement media plan.
X. OTHER PROVISIONS
35. Parties hereto declare in the event any clause of these General Terms and Conditions becomes invalid; this shall not lead to invalidity of other clauses or advertisement publication agreements. Invalid clause shall be replaced by imperative norms of law or established practice.
36. All matters unresolved under these General Terms and Conditions shall be subject to provisions of legislation currently in effect in Republic of Bulgaria.
These General Terms and Conditions were adopted by resolution of the Board of Directors of "Economedia" AD in December 2007 and come into full force and effect as of 01.01.2008.