PL

EN

Terms and conditions of placing advertisements in communal magazines

§1

GENERAL CONDITIONS

1. Buying and placing of banner advertisements, small ads, inserts and other services provided by press titles published by Abrys Sp. z o.o., that is PK, CE, REC is based on the present terms of placing advertisements and announcements.

2. Abrys Sp. z o.o. – hereafter referred to as “The Publisher” – shall not be responsible or liable for the content of the announcements and advertisements.

3. The Advertiser alone shall bear responsibility for the content of the advertisement.

4. The Publisher has the right to decline the publishing of any advertisement, announcement or insert, the content of which is illegal, not decent or in breach with the programme line of the magazines, or the Publisher’s concept without being held responsible for it.

§2

TERMS OF PUBLISHING ADVERSTISEMENTS AND ANNOUNCEMENTS

5. Advertisements and announcements published in press titles of the Publisher and other magazines are to be of a size corresponding to one of the modules’ types presented in the current price list (Appendix 2) and the offer.

6. Publishing of announcements and advertisements as well as providing other services connected to the press titles of the Publisher and other magazines takes place by submitting a filled-out form.

7. Dates of submitting orders and materials for printing of announcements and advertisements can be found in the publishing schedule (Appendix 1).

8. The Publisher reserves the right to change the deadlines of accepting announcements and advertisements because of technical reasons.

9. The insert shall be delivered at least 10 days prior to the planned date of edition.

10. The order for laminating or attaching of the insert shall be delivered at least 14 days prior to the scheduled publishing date

11. In case of the first order juristic persons and natural persons conducting a business activity must file an excerpt from the Register of Companies or from the National Court Register or a confirmation of entering into the Business Activity Register.

12. An order for publishing advertisements, announcements and inserts shall contain:

a) full name of the company, under which a business activity is conducted,
b) name and address of the Advertiser – juristic or natural person conducting business activity,
c) KRS (National Court Register) number or number of entry into the Business Activity Register as well as REGON (National Official Register of Business Entities) number
d) legible signature of the Advertiser – and in the case of orders from business entities, legible signatures of person(s) authorised to representing the business entity in question, as well as their positions or required authorisation to signing an agreement, contract
e) subject of order (text of announcement or advertisement),
f) layout of announcement or advertisement,
g) date of order,
h) legible copy of company’s seal,
i) months of issue,
j) price,
k) commitment to pay charges for announcement – advertisement in form and time stated on the invoice,
l) identification number of the company, statement and authorization for issuing invoices without signature of the authorized person,
m) acceptance of the following terms and conditions,
n) any additional wishes concerning announcements according to the scope laid out in the current price list.

13. Order for placing an insert shall additionally contain:

a) distribution date,
b) time of delivery of inserts to the publisher (in accordance with the accepted publishing schedule),
c) defining the number of inserts,
d) layout of inserts,
e) weight of inserts,
f) information concerning potential remaining inserts.

14. To place an order for publishing of an advertisement, the Advertiser must legibly fill out the order form which is available in the company on the internet site www.komunalny.pl. In exceptional cases the Advertiser can prepare an order by himself/herself, provided that it will contain all required information mentioned in the paragraphs 12 and 13.

15. Alteration of the scheduled publishing date or cancellation of the advertisement – announcement shall be acknowledged in writing not later than 30 days prior to publication.

16. When there are no limitations as to the layout of the magazine or place sold in the magazine, the Advertiser can, for an additional charge, indicate the place for advertisement – announcement (concerns half-page and 1 page modules). For a place indication, an additional charge will be incurred, according to the price list. Is the place not indicated, the Publisher reserves the right to place an advertisement – announcement in the place of his choice.

17. In case of cancellation of an order by the Advertiser earlier than 30 days prior to the date of closing of the issue stated in the publishing schedule, the Advertiser agrees to pay liquidated damages, amounting to 20% of price of the service.

18. In case of cancellation of an order by the Advertiser sooner than 30 days prior to the date of closing of the issue stated in the publishing schedule, the Advertiser shall pay the whole amount.

19. In case of cancellation of series booking the Advertiser agrees to pay the Publisher the amount of discounts granted for series booking for publishing advertisement.

20. The Publisher reserves the right to suspend an advertisement without prior notice to The Advertiser if payments for previous publications of advertisement/announcement are not made.

21. If the Advertiser fails to submit the advertising materials, the Publisher reserves the right to charge the rate agreed for publication of an advertisement/announcement if it fails to arrive on time agreed in the contract or publishing schedule.

22. In case of a series booking, publication of an advertisement in the following issues will be based on materials delivered and agreed by the first publication unless an annex is signed between the Advertiser and the Publisher concerning separate approval of advertising materials prior to every publication.

23. If the materials submitted by the Advertiser are to be returned, it is to be stated in the contract.

24. The Advertiser warrants that the publication of advertising copy submitted to the Publisher shall not infringe or violate any intellectual property rights and that he is in possession of all rights to elaboration and anonymous publication. The Advertiser will indemnify and hold the Publisher harmless against all claims, damages, expenses or liability whatsoever arising directly or reasonably foreseeable as a result of any breach or non-performance of any of the above mentioned rig

§3

PAYMENTS

25. Payment for the advertisements, announcements and other services shall be made no longer then 7 days after the publication of the advertisement (in arrears) according to the issued VAT invoice, by bank transfer to the account: PKO BP S.A. I O/ Poznań 69 1020 4027 0000 1102 0336 0286.

26. The Payment can be made prior to the publication of the advertisement (in advance), provided that the amount due is credited to the Publisher’s account in time stated on the pro forma invoice. Customers from abroad must pay in advance (prior to emission of advertisement) in accordance with the date stated on the pro forma invoice.

27. Discounts for the early payment are granted to the Advertiser in the amount of 5%. Should the Advertiser fail to make an early payment all granted discounts are cancelled. This item does not concern customers from abroad.

28 If there are legitimate reasons for a delay in payment, the Publisher reserves the right to postpone the payment date.

29. Statutory interest rates for late payment should apply where payment is overdue by payment date.

§4

TECHNICAL CONDITIONS

30. The Advertiser shall submit a finished project of an advertisement, announcement or a set of graphic materials (logo, pictures, etc.) according to the deadline agreed in the Appendix 1 – Publishing Schedule. All materials, graphic marks which are to be copied such as logo, drawings, pictures etc., submitted by the Advertiser shall meet technical requirements of the Publisher (Appendix 3 – Technical Conditions).

31. Should the submitted materials do not meet technical requirements stated in the paragraph 32 and affect the quality of the published materials – it is recognised as the sole responsibility of the Advertiser and can be accepted only with a separate written declaration.

32. It is possible to prepare a project of a banner advertisement which is to be accepted by the Advertiser. Such an order shall be submitted not later than 14 days prior to the first publication.

33. The Advertiser has the right to introduce alterations to the advertisement, if it is technically possible. Changes in finished advertisements’ projects or elaborations of advertisements’ projects can be additionally charged. The rate is calculated individually and depends on the complexity of the project (Appendix 4).

34. All alterations and changes made by the Publisher require a written acceptance of the Advertiser.

35. When a project of an advertisement is submitted to the Advertiser, lack of approval of the Advertisement by the Advertiser entitles the Publisher to publish a project of the advertisement. An advertisement shall be approved by the Advertiser within 3 days, not later than until the day before the test printout of the issue (so called ozalid).

36. Copyrights for the graphic project of the advertisement belong to the Publisher and every use of the project in question apart from Abrys’ publications shall be agreed with the Publisher.

§5

COMPLAINTS

37. Complaints regarding advertisements, announcements or other services must be received in writing within 7 working days of the date of the first publication. A detailed description shall be attached concerning disputed topics, the month of publication and title of the magazine which contained the advertisement or announcement.

38. If the Advertiser fails to file a complaint within the agreed time or the complaint has an improper form, the Advertiser loses the right of filing a complaint.

39. If the Publisher fails to publish an advertisement or announcement in the agreed time, the Publisher shall publish it in the time agreed with the Advertiser.

40. Where the printed advertisements or announcements are wholly or partially incorrectly or incompletely printed what influences their content or meaning, the Publisher shall publish the appropriate correction or agree on a reduction of payment by means of negotiations.

41. Complaints concerning advertisements and announcements which were purchased as special (promotional) offers shall be – if well-founded – reimbursed up to the amount of purchase.

42. The Advertiser shall make a payment irrespective of filing a complaint.

§6

CLOSING REMARKS

43. The above mentioned Terms and Conditions come into effect on September 31, 2008 whereas they are legally binding upon the agreements signed prior to this date if the cooperation concerns period after 31 September 2008.

44. In cases not mentioned in the Terms and Conditions, respective regulations of the Civil Code and Press Law are applicable.

45. The Advertiser gives his consent to receive marketing information concerning the Publisher by means of electronic communication.

46. In case of advertisements and announcements submitted by foreign customers, to the contracts drawn upon those orders the laws of Poland shall apply and any disputes arising from the Contract shall come under the jurisdiction of the law court with jurisdiction over the seat of the Publisher.

47. Integral part of the Terms and Conditions are:

Appendix 1 – Publishing schedule
Appendix 2 – Additional Charges for the Processing

Tomasz Szymkowiak
Director – Editor in Chief of the magazines

31.09.2008

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