Commercial Conditions for the placement of advertisements and other publicity items on the Internet servers at https://www.butkaj.com.
1) GENERAL PROVISIONS
The operator of the Internet server accessible at the Internet address (URL) https://www.butkaj.com and other Internet servers (hereinafter only "Servers"). The Operator is entitled to provide interested parties with advertising spaces on the Servers for the presentation of advertisements and other publicity items such as priority extracts and links to individual Internet servers or other subjects.
The party ordering the presentation of advertisements and other publicity items on the Servers, i.e. the client for an advertising campaign (hereinafter only the "Client") is a physical person or legal entity and either a direct customer or an advertising or media agent (on the basis of a contractual relationship with the Operator) ordering advertising space on the Servers.
2) ORDERING OF ADVERTISING
Advertising space on the Servers is ordered on the basis of a written, fax or e-mail orders – or the advance (pro-forma) invoice of the Client containing all the particulars listed below, at latest 5 working days before the beginning of the presentation of the advertising campaign concerned. For orders accepted through the commercial network of marketing consultants of the Operator, at latest 10 working days before the beginning of the advertising campaign concerned. The order is binding for the Operator only after he confirms it to the Client within a time limit of 3 working days from the date of its acceptance. In these cases, however, the Operator reserves the right to refuse and not realise such an order, with the provision that he is obliged to notify the Client of this at least 1 day before the start of the campaign according to the order.
The order must contain:
The commercial firm, name and surname, or other name of the Client
The Client's Company ID
The Client's Tax ID
The Client's invoicing address
The Client's correspondence address if this differs from the invoicing address
Type of advert
Complete basic material for advert
Volume of advert
Dates of advertising campaign
2.2 Rights and Responsibilities of the Client, Responsibility for Advert Content
The Client bears full responsibility for the quality and the formal and content side of the advertising message placed on the advertising areas on the Servers.
The party placing the order gives the Operator, simultaneously with the delivery of the basic advertising material (see Article 2.4 below), consent to the broadcasting of the given advertising message through the Servers within the Internet worldwide computer network by the Operator and at the same time also confirms that it is a subject authorised to exercise all necessary rights to the advertising message that will be situated on one of the Operator's Servers, especially that it is entitled to exercise any copyrights to the advertising message concerned and/or to other advertising elements and is entitled to make use of any trademarks or other elements that are the subject of protection of industrial or intellectual ownership contained in the advertising message, and confirms that it is not violating the rights of any third party. In the case of the untruthfulness of the above-mentioned statements the Client bears all the consequences arising from this, including the obligation to compensate authorised persons and the Operator for damage incurred. At the request of the Operator the Client is obliged to demonstrate clearly, without delay, the facts concerning the authorisation of the Client to exercise copyrights on the advertising message.
2.3 Rights and Responsibilities of the Operator
The Operator reserves the right to refuse, halt and/or cancel the publication of an advertising message if:
- The carrier of the advertising message is not in keeping with the technical requirements of the Operator or the advertising basic material does not correspond to these Commercial Conditions,
- The advertising message is at variance with legal regulations, laws of the Slovak Republic and/or international agreements by which the Slovak Republic is bound,
- The advertising message is at variance with good morals, ethical rules and/or threatened public order,
- The advertising message in its quality, form or content does not correspond to the justified interests of the Operator,
- The Client is in arrears with payment of the price for the processing or publication of advertising messages situated on the Operator's Servers.
In the case of the occurrence of any fact entitling the Operator to refuse the publication of an advertising message and/or entitling him to halt or terminate such an advertising message, the Operator will inform the Client of this without undue delay.
The Operator undertakes, on the basis of the concrete orders presented and in the framework of the capacity possibilities of his Servers, to realise the concrete orders for adverts for individual Clients. The authority to provide and sell these services belongs in particular to the Operator's network of marketing consultants and/or the Operator's "sales" department.
The Operator is entitled to notify the Client of the fact of the unsuitability of advertisements or other publicity items, as well as the reasons for the refusal, halting or cancelling of the publication of advertisements or other publicity items for any of the above-mentioned reasons at any time in the course of an advertising campaign or even before it is launched.
2.4 Basic Materials for Adverts
All the basic material for adverts and other particulars of an advertising message of advertising elements, which are to be presented on the Servers in accordance with the Client's order, must be provided to the Operator by the Client at latest 3 business days (non-interactive formats) or at latest 5 business days (interactive formats, dynamic banners, special formats, direct mails) before the date of the start of the advertising campaign. For orders accepted through the commercial network of marketing consultants of the Operator, at latest 5 working days before the beginning of the advertising campaign concerned.
The Client is obliged to supply new basic advertising material for each new campaign and it must meet the conditions stipulated by this provision. The Operator is not obliged to return the basic material to the Client after the end of the campaign or to archive it.
Graphic advertising elements accepted by the Operator for Internet advertising are in particular advertising banners and advert buttons, which must, among other things, meet all the conditions for individual types of advertising messages, advertising elements and advertising positions.
- Banners and other creative advertising elements must be in the correct data size and correct dimension corresponding to the order in connection with the current offer of advertising spaces and the current price list of the Operator.
- Banners must contain the target URL to which the user should be diverted after clicking on the banner (address in the form http://). Alt text.
- In links to keywords and in categories the maximum length of a text link is 250 symbols including spaces – diacritics may be used. The text consists of the hyperlink to the given URL and the part of the text description.
- Banners through external codes, which may be realised in non-interactive formats, must meet all the conditions set for other banners. Creativa given in an external code must not change in the course of a campaign, only after prior approval by the Operator.
All the specifications of the production of advertising messages placed on the Operator's Servers are defined in the link to the Operator given on the Internet server accessible at the Internet address (URL) https://www.butkaj.com/banners
In the case that advertising messages do not meet the above-mentioned criteria the Operator is not obliged to accept them and does not guarantee proper publication.
2.5 Changes in advertising campaigns
All the basic material for a change in an advertising campaign already ordered and confirmed by the Operator must be provided by the Client at latest three business days before the date of the intended change. In the case that the Client does not do this, the Operator is not responsible for a prompt change in the order. The change in the order, provided that the altered campaign is not at variance with these Commercial Conditions, will then be realised as soon as possible.
The Operator reserves the right to a change in the advertising formats and categories in which the advertising messages are published. In the case of the inclusion of an advertising message in a category the Operator reserves the right to move the advertising message into a more relevant category, if such a one arises.
The Operator further reserves the right to cancel an individual advertising format or category. In the case of an order or as yet unfinished advertising campaign of the Client in such an advertising format or category in which the advertising message was to have been placed, the Operator undertakes to offer the Client fulfilment in similar quality that will correspond to the intention of the Client's advertising campaign, and if the Client does not express consent to such fulfilment the Operator will return to him without delay the price already paid or the part of the price corresponding to the unrealised advertising campaign.
3) FINANCIAL CONDITIONS
The price is calculated on the basis of the current pricelists of the Operator, published on the Servers for the given period on the basis of the statistics of the course of the advertising campaign, which the Operator generates. Prices given in the pricelist include VAT.
3.2 Invoicing and Conditions of Payment
The Operator is entitled to ask for a deposit on the price or for advance payment. The appropriate amount must be ascribed to the Operator's account at latest one (1) business day before the start of the appropriate advertising campaign. In the case that the payment is not remitted to the Operator's account properly and promptly, the Operator is not obliged to realise the campaign. Tax documents (invoices) are made out within 15 days of the ending of the advertising campaign or within 15 days of the end of the calendar month. If the advertising campaign takes place in several months, partial invoices are made out at the end of each month for the relative part of the campaign. The usual time limit for payment of invoices is 14 days. In the case of delays in their payment the Operator is entitled to charge the Client, for each day or part of a day of arrears, interest on arrears at the level of 0.05 % of the amount owed.
For a commercial services, in other words for the Operator's network of marketing consultants and for the sales department, it applies, however, that the Operator is entitled to demand payment in advance. The appropriate amount must be ascribed to the Operator's account at latest one (1) business day before the start of the appropriate advertising campaign. In the case that the payment is not remitted to the Operator's account properly and promptly, the Operator is not obliged to realise the campaign. The tax documents (invoices) are made out within 15 days of receipt of payment. For the case of partial payment the Operator reserves the right to shorten the campaign in relation to the payment made.
3.3 Cancellation Conditions
In the case that the Client wishes to cancel an order that has already been confirmed, he is obliged to inform the Operator in writing at latest 7 business days before the date of the planned/ordered date for the start of the advertising campaign. At a later date the Client will be charged cancellation charges:
- On cancelling an order up to 5 business days before the date of the planned/ordered starting date the charge is 30% of the price of the campaign ordered,
- On cancelling an order up to 2 business days before the date of the planned/ordered starting date the charge is 50% of the price of the campaign ordered,
- On cancelling an order in less than 2 business days before the date of the planned/ordered starting date the charge is 70% of the price of the campaign ordered,
- On cancelling an order for an advertising campaign already under way the charge is 100% of the price of the campaign ordered and the Operator does not therefore return even the commensurate part for the order advertising campaign to the Client.
3.4 Minimum Level of Order
An order must have a minimum value of 100 Euro. For campaigns offered by the commercial network of marketing consultants the minimum level of the order is 50 Euro.
3.5 Special condition for unpaid campaigns
The Operator is entitled to halt any campaign or advertising message of the Client who is in arrears with the payment of any liability towards the Operator and such a campaign or advertising message is considered terminated for reasons on the side of the Client. After the proper payment of such a claim the Contracting Parties will agree to continue the campaign if this is still possible with regard to its non-occupancy.
Statistics are generated automatically for each advertising campaign and these are available to the Client free of charge. The Client will receive a user name and password by e-mail from the Operator after the advertising campaign has been launched. The statistics provide retrospective data – i.e. for the appropriate day they are generated during the night ending on the following day. For the purpose of any complaints, however, only and exclusively the values of the number of impressions (i.e. depictions) are binding.
In the case of error on the part of the Operator the Client is entitled, within the framework of claims proceedings, to demand adequate compensation, especially in the form of another advertising campaign or a reduction in price.
The choice between the rights stated above belongs to the Client only if he notifies the Operator of this in the promptly sent written notification of faults. The implemented right cannot then be altered by the Client without the consent of the Operator.
The time limit for implementation of claims is 14 days from the date when the Client ascertained or could have ascertained the error, but at latest on the last day of the campaign.
Error on the part of the Operator means the non-functioning of his services that concern the confirmed order of the Client, for a period longer than 6 hours in the course of a calendar day. This does not apply to the interval of time in which the advertising messages of the Client are automatically depicted by the advertising system according to the ordered volume of the advert.
Not considered as error on the part of the Operator are, in particular, fluctuations in numbers of visitors to the Operator's individual servers.
A reduction in price is implemented in the form of a note of credit. The liability of maturity is then restricted only to the relative part of fulfilment to which the justified claim is not applied.
Objections to made-out invoices, which would result in the restriction of the debt of the Operator with regard to the Client, must be implemented by the Client in writing to the Operator within 7 days of the delivery of the invoice.
6) Final Provisions
The Contracting Parties undertake not to impart mutual data and information acquired within the framework of cooperation to any third party. These conditions are made out in Slovak and in English. In the case of any obscurity or problems in interpretation the Slovak version is decisive.
The Client is completely responsible for the content of all advertising messages of other advertising elements supplied by him and their compliance with current legal regulations or good morals. In the case that the supplied advertising messages or advertising elements supplied by the Client are not in accordance with the above the Client is responsible to the Operator for all damage incurred.
Contracts that deviate from these Commercial Conditions may be negotiated only in written form.
The Commercial Conditions are an intrinsic part of the Contract concluded between the Client and the Operator (or are an intrinsic part of the confirmed order). In the case of conflicts between the content of the Contract and the Commercial Conditions the Contract always takes priority.
An intrinsic part of these Commercial Conditions are, among other things, all links in the form of so-called clickthrus in the text of these Commercial Conditions.
All relations not regulated by these Commercial Conditions are governed by the valid laws of the Slovak Republic. If special Contractual Arrangement or Special Commercial Conditions are created for certain products or servers of Butkaj.com, the text of these Commercial Conditions applies in a subsidiary manner.
The Operator reserves the right to alter these Commercial Conditions at any time, even without prior warning.
These Commercial Conditions are valid and effective from 1.1.1997.