General business conditions of Current Media, s.r.o. publishing house

 

(hereinafter referred to as the "General Terms and Conditions")

 

These General Terms and Conditions govern the publication of advertisements in periodicals published by Current Media, s.r.o. (Hereinafter referred to as the "publisher").

 

Order and documents needed to publish the advertisement

  1. The publisher publishes the client's advertisement on the basis of an oral or written advertising contract.
  2. An oral contract for advertising is concluded at the time of confirmation of the written order by the publisher.
  3. A written contract for advertising is concluded at the moment of signing by both authorized representatives of the contracting parties.
  4. The order must contain all the necessary details concerning the contracting authority, i.e. business name, registered office / place of business, CIN, VATIN numbers, bank details, name and position of the person acting on behalf of the contracting authority, contact address and name of the contact person. The order must also contain all the necessary details related to the advertisement, i.e. a description of the advertisement, the date of publication of the advertisement and the method of handing over the related documents. If the contracting authority is a person mediating the publication of the advertisement for a third party, the order must also contain information about this third party, i.e. business name, registered office / place of business and CIN number, and information on whether the contracting authority or a third party is obliged to pay the price of the advertisement.
  5. The order is made in two copies so that the publisher receives one copy and the client also one copy.
  6. The client is obliged to provide the publisher with all the documents necessary for the publication of the advertisement (see conditions for delivery of documents for advertising), by the deadline specified by the publisher, or if this deadline is not specified, without undue delay after concluding the advertising contract. In the event that the delivered documents are incomplete or incorrect, the contracting authority is obliged to deliver complete and correct documents at the publisher's request, no later than the deadline specified by the supplier or without undue delay from the publisher's request. In the event that the contracting authority insists on the use of incomplete or incorrect documents, the publisher is not liable for any defects in the published advertisement caused by incomplete or incorrect documents.
  7. If the contracting authority is late with the delivery of complete and correct documents, the publisher is entitled to demand compensation from the contracting authority for the damage caused thereby or is entitled to withdraw from the advertising contract.
  8. The client must provide the publisher with the final graphic design of the advertisement.
  9. The publisher is obliged to return to the contracting authority all documents supplied by the contracting authority for the publication of the advertisement upon receipt of a written request.
  10. The documents supplied by the contracting authority must include a hard proof. If the hard proof is not delivered, the publisher does not guarantee the correct print quality of the advertisement.
  11. The client is responsible for the accuracy of the content of the advertisement and for its compliance with legal regulations and with the rights of third parties. The contracting authority is liable for any claims which may be made by third parties based on the publication of the advertisement.

 

Publication of the advertisement

  1. The publisher will send proofs of the advertisement to the client only at the client’s request. If the contracting authority does not comment on the submitted proofs of the advertisement within the specified period, the contracting authority is deemed to have approved it.
  2. The publisher will publish the advertisement on the date stated in the order.
  3. If the date of publication of the advertisement is not specified in the order, the publisher will publish the advertisement at its own discretion, taking into account its current possibilities.
  4. If the placement of the advertisement is not precisely specified in the order, the placement of the advertisement depends on the publisher’s current possibilities.
  5. ​​In the event that the advertisement is to be published within a specified period with a specific location, the order with these requirements must be delivered to the publisher in time for the publisher to publish the advertisement in accordance with these requirements.
  6. If the advertiser requests a specific placement of the advertisement, the publisher is entitled to set a date for the publication of the advertisement so as to ensure this specific placement of the advertisement.
  7. If the advertiser does not specify the type of advertisement (area, line, hidden) or its size, the publisher may choose these parameters.
  8. Advertisements that, due to their content and styling, are not clearly distinguishable from editorial texts must be marked with the headline COMMERCIAL PRESENTATION or ADVERTISING.
  9. The publisher is not liable for damage caused to the contracting authority by non-fulfilment of its obligation, if the reasons for non-fulfilment of the obligation by the publisher come about without its fault.
  10. The publisher guarantees the normal print quality according to the technology used for individual periodicals and depending on the quality of the documents supplied by the advertiser.
  11. The publisher is obliged to send the advertiser a document copy of the periodical in which the advertisement was published.

 

Advertising prices

  1. Advertising prices are set in detail in the price lists valid for individual periodicals.
  2. Prices for inserted advertising or insertion of sample products are calculated individually according to the requirements of the client and after consultation with the producer of a particular periodical.

 

Payment Terms

  1. The price of the advertisement is determined according to the current advertising price list for the given periodical. The advertising price list includes basic prices that do not include any discounts or surcharges.
  2. The advertiser is obliged to pay the price of the advertisement on the basis of a tax document / invoice issued by the publisher. The publisher will issue an invoice within 15 days of the publication of the advertisement. The client is obliged to pay the price of the advertisement by non-cash transfer to the publisher's account, within 14 days of the issuance of the invoice, unless otherwise specified.
  3. The obligation to pay the price of the advertisement, which is fulfilled through the bank, is fulfilled at the moment of crediting the amount corresponding to the price of the advertisement to the publisher's account.
  4. In the event of the contracting authority's delay in paying the price of the advertisement, a contractual default interest rate of 0.05% is agreed for each day of delay.
  5. If the contracting authority is in arrears with the payment of the price of the advertisement, the publisher is entitled to suspend the acceptance of further orders of the contracting authority, i.e. concluding advertising contracts with the contracting authority or publishing other advertisements ordered by the contracting authority, until the delayed payment of the advertisement is paid in full.
  6. The client is obliged to pay the price of the advertisement even if he has notified the publisher of defects in the advertisement and asserts claims for defects in the advertisement. In the event that the publisher acknowledges the defects of the advertisement and provides a discount on the price of the advertisement, the publisher will return to the contracting authority a sum of money corresponding to the amount of the discount on the price of the advertisement.
  7. In the event that the client has been given a discount on the price of the advertisement, and is in arrears with payment of the price of the advertisement, the publisher has the right to demand a contractual penalty in the amount of the discount provided from the price of the advertisement.
  8. Discounts cannot be added together and only one type of discount always applies.
  9. The surcharge for a specific placement on the site is 15% of the total advertising price.
  10. The surcharge for a separate advertisement on the site is 25% of the total price of the advertisement.

 

Withdrawal from the advertising contract

  1. The client has the right to withdraw from the advertising contract.
  2. Withdrawal from the advertising contract must be made in the form of a written notice of withdrawal, which must be delivered to the publisher. In urgent cases, the notice of withdrawal from the advertising contract may be made by telephone, provided that the withdrawal is confirmed in writing to the publisher within 24 hours of the notice being given by telephone. If the withdrawal is not confirmed in writing within 24 hours, the contracting authority is deemed not to have withdrawn from the advertising contract.
  3. In the event that the contracting authority withdraws from the contract for advertising 4 weeks before the publication of the advertisement, the contracting authority is obliged to pay the price of the advertisement in full. In the event that the contracting authority withdraws from the advertising contract 6 weeks before the publication of the advertisement, the contracting authority is obliged to pay 50% of the price of the advertisement.
  4. In the event that the client withdraws from the advertising contract, the publisher is entitled to demand a refund of quantity discounts from the prices of recurring advertisements or quantity discounts for the ordered volume of advertisements, to which the contracting authority would lose the right by such withdrawal from the advertising contract. At the same time, the publisher is entitled to demand from the contracting authority the reimbursement of costs incurred in connection with the contracting authority's withdrawal from the advertising contract.

 

The right to reject the advertisement

  1. The publisher is entitled not to conclude, or to withdraw from, the advertising contract if the advertisement in its content or form is in conflict with legal regulations and the rights of third parties or if it would damage the publisher's reputation or if it would harm the publisher's business plan or other business interests. The publisher shall notify the contracting authority of this fact without undue delay after learning of this fact.
  2. The publisher is not liable for any damages caused to the contracting authority by non-conclusion of the contract or withdrawal from the advertising contract, for the reasons stated in paragraph 1 of this article.

 

Complaints and compensation

  1. The publisher is only responsible for proven defects of the published advertisement. The published advertisement is free of defects if its content and design correspond to the order and documents provided by the contracting authority.
  2. The client is obliged to notify the publisher of defects in the advertisement in writing within 7 days of receiving the document copy, otherwise its claims expire.
  3. If the publication of a defective advertisement violates the contract in a material way, the contracting authority is entitled to a reasonable discount on the price of the advertisement or to a new publication of a non-defective advertisement, unless the contracting parties agree otherwise.
  4. If the publication of a defective advertisement violates the contract in an insignificant manner, the contracting authority has no claim for defects in the advertisement.

 

Final provisions

  1. Differing provisions in the contract take precedence over the wording of the General Terms and Conditions.
  2. The publisher is entitled to change the general terms and conditions. The complete and up-to-date version of the General Terms and Conditions, incorporating the relevant changes, will always be published on the Internet address www.tribune.cz.
  3. If the contracting authority does not express an explicit written disagreement with the changes to the General Terms and Conditions within 30 days of the publication of the complete and current version of the General Terms and Conditions, the new wording becomes binding for the concluded contractual relationship as a change of the originally agreed terms and conditions, effective from publication.