GENERAL TERMS AND CONDITIONS OF Index Communication Ltd.
(Effective: as of 1 January 2014)
1. General Terms and Conditions
The General Terms and Conditions lay down the framework of the business activities of Index Communication Ltd., and constitute the basis and part of the agreement between Index Communication Ltd. and the natural person or legal entity or company that is not a legal person (hereinafter: the Customer) assigning Index Communication Ltd. to perform advertising activities. The “General Terms and Conditions” shall apply to all kinds of advertising objects - billboards, citylight, individual advertising surfaces (hereinafter: Means of Advertising) provided to the Customer by Index Communication Ltd. By the assignment the Customer shall acknowledge and accept that – unless partly or entirely otherwise provided by the Contract concluded between the Parties – the provisions of these General Terms and Conditions constitute part of the Contract to be concluded between Index Communication Ltd. and the Customer, after the Customer has been informed about the contents of the General Terms and Conditions.
2. Request for Proposal, Offer, Reservation and Order
2.1.
Upon the Request for Proposal by the Customer, Index Communication Ltd. shall reply thereto within two working days in writing or by e-mail, if all data required for reservation and the order are provided to Index Communication Ltd. by the Customer. Index Communication Ltd. shall maintain its proposal for 5 working days, after that it expressly excludes the proposal’s validity.
If the Customer is a new client, then it shall provide to Index Communication Ltd. all identification data required for the Contract (name/company name, address/seat, tax number and company registration number, and other public data requested by Index Communication Ltd.). If there had already been a contractual relationship in place between the Parties, then any potentially changed data shall be provided by the Customer. Should the Customer proceed on behalf of another person, then it shall provide identification of its principal via the above data.
After the provision of the proposal, the Customer may make a reservation or an order by way of registered mail, fax or e-mail. Any reservations/orders provided by registered mail, fax and e-mail shall only be valid subject to the confirmation thereof (in the case of an e-mail, the confirmation of the e-mail having been read shall not serve as a basis for a valid reservation/order).
Index Communication Ltd. shall confirm the reservation/order in writing (by fax, registered mail or e-mail), within 2 working days calculated as of the receipt thereof. Based on the order, a contract shall only be concluded subject to confirmation.
Only assignments/orders submitted by registered mail, sent by e-mail in the form of a PDF attachment, or by fax, and duly signed shall be valid. Any modification of the assignments/orders shall also be made in writing. In the event if there is an agency framework contract concluded between the Parties, then based on that the individual orders may be made by confirmed e-mail.
By the order the Customer shall abide by the provisions of these “General Terms and Conditions” (including the financial provisions), subject to the condition that the Customer has been informed about the contents thereof and has expressly accepted those.
2.2
Validity periods pertaining to Index Communication Ltd.:
Validity of proposal/list of spaces calculated as of the date of the initial request for proposal/list of spaces
over 8 weeks 12 working days
within 8 weeks 10 working days
within 6 weeks 8 working days
within 4 weeks 5 working days
within 3 weeks 3 working days
within 10 working days 2 working days
within 5 working days 4 hours
within 3 working days 2 hours
before the first day of the advertising period
The order deadline of the campaigns shall be due within the validity deadline of the proposal specified under the above table. Should the written order not be received within the period indicated, then the validity of the proposal by Index Communication Ltd. shall be automatically terminated and the reservation be cancelled.
Index Communication Ltd. shall provide an offer to the Request for Proposal no later than within 2 working days. The validity of the proposal shall not be affected by any potential requests for modification occurring in the meantime.
The deadline of annual panel reservations to be specified shall be the first working day of the month preceding the initial month of the panel list. After that, Index Communication Ltd. shall be entitled to partly or entirely release any reservations not specified.
In the case of annual panel reservations the client has the opportunity to postpone the start of the campaign twice. In the event of additional requests for postponement, Index Communication Ltd. shall be entitled to cancel the panel reservation in part or entirely.
3. Management of Campaigns
3.1.
Index Communication Ltd. shall undertake to perform the placement of the posters in accordance with professional standards, to the best of its knowledge, and by the deadline. The Customer shall receive from Index Communication Ltd. all data necessary and considered standard in the profession from the board list pertaining to the advertising campaign. The board list shall be accepted by the Customer in writing. After the acceptance of the board list by the Customer, Index Communication Ltd. shall not be held liable in any way regarding the technical quality, placement, visibility, etc. of the boards, and the Customer shall not be entitled to enforce any claims in reference thereto. The Customer shall be entitled to claim damages if there is default performance arising out of wilful or serious negligence on behalf of Index Communication Ltd. Claims for compensation and potential complaints may solely be asserted during the advertising period. Force Majeure events (with special regard to natural disasters, extraordinary weather impacts, etc.) shall exempt Index Communication Ltd. from all kinds of liability, however, in that case the Customer shall, at its discretion, be entitled to claim proportionate compensation (time proportionate fee repayment, new means of advertising to be made available, etc.). Index Communication Ltd. excludes the enforcement of successive damages and consequential damages.
3.2.
The posters required for the advertisement (including spare posters), and the creative materials and lay-out required for production shall be provided to Index Communication Ltd. by the Customer. Index Communication Ltd. shall undertake no responsibility for any not perfect poster placements arising due to a potential lack of posters or improper poster quality delivered (paper, ink, cutting faults). 3
3.3.
Index Communication Ltd. shall place the posters within 3 calendar days calculated as of the first day of the campaign period contained in the order, with the exception of individual advertising surfaces, where the relevant deadlines shall be included in the Contract. Should the campaign not be ordered 3 working days prior to the start of the campaign, and/or should the poster(s) of the campaign concerned not be received in stores by the deadline specified under Section 3.4, then Index Communication Ltd. will not be able to guarantee the placement thereof in due time, and shall be entitled to charge extra technical costs (please refer to Section 3.4). The postering of the posters shall only be performed by the employees and/or subcontractors of Index Communication Ltd. Upon request by the Customer, the photos proving the placement of the posters shall be provided by Index Communication Ltd. on the 5th working day following the postering period. Index Communication Ltd. shall assume a guarantee of one month for the posters placed. In the event of a campaign period exceeding one month, repostering shall be required, for which the posters shall be provided by the Customer.
3.4.
The number of posters and additional posters (at least 20% of the posters to be placed, customs cleared if required, and in the case of major quantities placed on pallets) agreed upon shall be delivered to the warehouse of Index Communication Ltd. (2040 Budaörs,Ébner György köz 4.) at least 3 working days prior to the start of the campaign, and the Customer shall order the placement of the posters no later than by that date. Index Communication Ltd. shall undertake no liability for the consequences of any delayed delivery, at the same time Index Communication Ltd.shall be entitled to invoice additional technical costs, i.e. the fee of the ordered postering of the posters as per locations. In that case the performance of the assignment shall be 5 working days calculated as of the receipt of the posters. The delayed postering shall not entail an extension of the expiry date.
3.5.
The costs of extra services (pasting of strips, postering of posters outside the usual postering scope, return of unused posters, etc.) shall be borne by the Customer. Index Communication Ltd. shall not be responsible regarding any posters remaining (not used) after the completion of the assignment in the absence of a special written agreement pertaining thereto.
3.6.
Index Communication Ltd. shall perform the covering of the posters of the campaign ordered by the Customer following the end of the campaign period, if so requested by the Customer from Index Communication Ltd.in writing upon the ordering of the indicated poster campaign. The requested covering shall be performed within 3 working days calculated as of the end of the first postering period following the last day of the campaign. If the Customer does not indicate a request for the covering of the posters, then later Index Communication Ltd. shall only perform that subject to the payment of the additional costs of postering.
3.7.
For the purpose of an accurate implementation of the assignment there is need for a postering draft, and for that the Customer shall submit the lay-out of the poster to Index Communication Ltd. 3 working days prior to the start of the campaign, by e-mail or via FTP server. In the absence thereof, Index Communication Ltd. shall not undertake the postering of the campaign. If the posters do not comply with the standard, and/or if they are different from those specified in the order, then additional costs of adhesive and paper shall be calculated with. (Standard quality: wood-free poster paper of a minimum weight of 110 g/m2 in the case of billboards, and of a weight of 130 gr/m2 in the case of citylight.). The description as to the production parameters and rules for posters is available at the website.
3.8.
Upon the request by institutions dealing with the analysis of advertising costs spent on classic media, Index Communication Ltd. shall be entitled to provide information on the number of pieces, size and type of posters placed for the Customer, exclusively for the purpose of a survey aimed at advertising expenditures, except if a contrary statement is made in writing by 4 the Customer upon ordering. In other cases the written consent by the Customer shall be required for the issue of information.
4. Liability Issues
4.1.
The liability of Index Communication Ltd. shall not extend to the uninterrupted operation during the agreed period of the objects supplied with advertisement as per the assignment. Temporary restrictions or disturbances of any kind and arising due to any reason shall not affect the entirety of the advertising assignment, just the advertising object concerned. This shall be settled by the Contracting Parties by common agreement, by repair performed, new advertising surface offered or proportionate fee reduction provided by Index Communication Ltd. If, for any reason, Index Communication Ltd. is unable to provide the confirmed spaces, then it shall provide proper poster spaces elsewhere to the Customer.
4.2.
The Customer may indicate its complaints regarding the quality of poster placement (damaged or smashed poster, placement to other than the surface ordered) in writing (by e-mail or fax), by attachment of a photo made of the error to Index Communication Ltd., who shall remedy the error revealed within 2 working days, and shall send a photo in proof of the remediation to the Customer within 3 working days following the repair (2 working days).
The Parties shall acknowledge the time of the posting of the notification (until 16.00 hours on working days, and then from 9.00 hours of the following working day) as the time of receipt.
4.3.
Index Communication Ltd. performs its activities with regard to the restrictions provided under Act XLVIII of 2008 on the Basic Requirements and Certain Restrictions of Commercial Advertising Activities and certain other legislative provisions. Should Index Communication Ltd., based on an express instruction of the Customer, violate any legislative prohibition and therefore be subjected to final penalty, then the advertiser and the Customer shall assume the fine, and shall pay all damages and costs incurred by Index Communication Ltd. in relation thereto.
Index Communication Ltd. shall not be obliged to submit an appeal or any other legal remedy against the administrative/judicial decision establishing the fine. The absence of a remedy shall not constitute grounds for the Customer to fail to comply with its obligation specified above towards Index Communication Ltd.
4.4.
According to Act XLVIII of 2008 on the Basic Requirements and Certain Restrictions of Commercial Advertising Activities, No advertisement may be disseminated relating to alcoholic beverages in institutions of public education and in health care institutions, or on any outdoor advertising media situated within a straight-line distance of two hundred-meter radius from the entrance thereof. Should Index Communication Ltd. violate this prohibition, and should the Customer be subjected to a final penalty due to that, then Index Communication Ltd. shall assume the Customer’s fine.
4.5.
Index Communication Ltd. shall accept and shall abide by the rules of the Code of Hungarian Advertising Ethics, and the decisions of the ad hoc committee of the Self-Regulatory Advertising Board of or the Ethics Committee of the Hungarian Advertising Association. 5
4.6.
The Customer shall be liable for the contents and the format of the posters (size, quality, colour fastness), and for the observation of stipulations by the authorities. Index Communication Ltd. shall undertake no responsibility whatsoever for any damage to the posters due to a reason(s) not attributable to Index Communication Ltd.Index Communication Ltd. shall reserve the right to withdraw from the assignment if upon the acceptance thereof the format and the contents of the poster had been unknown it, and, at JCDecaux’s discretion, the format and the contents are presumably in breach of those specified under Act XLVIII of 2008 on the Basic Requirements and Certain Restrictions of Commercial Advertising Activities or the Code of Hungarian Advertising Ethics. In such case the Customer shall pay the rental fee of the poster spaces reserved for the posters not known to Index Communication Ltd. previously. If the Customer submits the lay-out of the poster to Index Communication Ltd. at least two weeks prior to the start of postering, then the contractor shall undertake to obtain proper opinion regarding potential problems arising by the date of placement of the posters.
4.7.
In the event of banning of posters by the authorities the Customer shall pay the full advertising fee and any additional costs pertaining to the removal or re-pasting of the banned posters. In the case of a breach of Act XLVIII of 2008 on the Basic Requirements and Certain Restrictions of Commercial Advertising Activities by the contents of the advertisement, the Customer shall assume all fines and other costs of Index Communication Ltd. If the breach of law is presumed by the authorities, then the Customer shall provide all information to Index Communication Ltd. by which it can properly present its answer to the charge before the competent authority or court.
Should the advertising space already reserved by the Customer not be available for future use pursuant to a decision by the authorities, then, subject to notification of the Customer, Index Communication Ltd. shall be entitled to place the Customer’s advertisement on another advertising space of similar quality, and to provide performance on that advertising space. Index Communication Ltd. shall not be held liable for damages for that reason.
4.8.
Index Communication Ltd. only provides specified means of advertising to the Customers, and only for a predetermined period of time. With regard to the fact that according to Act XLVIII of 2008 on the Basic Requirements and Certain Restrictions of Commercial Advertising Activities, All outdoor advertising media shall explicitly indicate the corporate name, name and seat and residential address of the publisher of advertising (Article 5 (4)), Index Communication Ltd. shall only participate in campaigns where this legislative obligation, and the recommendations of the Hungarian Public Area Media Association pertaining to the display of specification are fully complied with.
4.9
Index Communication Ltd. shall accept no claims for damages whatsoever for services not rendered or rendered in an erroneous manner due to Force Majeure. All Acts of God events that fall outside the scope of interest of Index Communication Ltd. shall be deemed as Force Majeure events, which Index Communication Ltd. has no direct or indirect influence on. This shall specifically include, but not be limited to rainy weather conditions that render the placement of advertisements impossible or that cause any damage to the advertisements already placed.