Terms and conditions of advertising and promotion on the Internet server Managementmania.com
(hereinafter “Terms and Conditions”)
1 GENERAL PROVISIONS
1.1 Operator of the portal Managementmania.com (the “Portal”) is MANAGEMENTMANIA.COM LLC - 910 Foulk Road, Suite 201, Wilmington, New Castle County, Delaware 19803 (hereinafter referred to as “Operator”). The operator is authorized to provide on that server hoardings and other forms of advertising. These conditions regulate the mutual rights and obligations of the Operator and individual advertisers, advertising and promotion.
1.2 Forms of advertising and promotion are (a) the catalog entries - a record of the company to the Operator directory, (b) Priority Statements - advertising publication in the Client’s priority areas, (c) PPC Advertising - Link to Client’s website, the price is calculated as a multiple of agreed price per click and number of clicks for a given period, (d) Banner advertising - banner advertising placement under the agreed terms. (Hereinafter collectively referred to as “Advertising”).
1.3 Advertiser means the person (natural or legal) ordering Advertising on the portal (the “Client”). The Client may order the Advertising for himself or for third person (advertiser).
2.1. Advertising on the Portal can be ordered on the basis of a written order on the Portal page with the necessary requisites for a contract, i.e. in particular, information about the Client, business name, identification number, tax identification number, address, billing address, contact person, including phone, e-mail, Advertising data, i.e. type / form of Advertising, dates in which the advertising to be published, scope and other terms and required disclosures of Advertising.
2.2 Required Advertising including specifications of location, volume and other requirements, must comply with applicable options offer of the Operator, which the Operator provides on request.
2.3 Order, which is a proposal for a contract, must be delivered to Operator at least 10 working days before the requested startup date of Advertising unless the parties agree otherwise.
2.4 The operator proposed contract accepts or rejects the latest within 5 working days from order delivery. The contract is considered to be concluded at the moment of acceptance of its proposal by the Operator.
2.5 For the catalog (a) and banner (d) form of Advertising, the contract is concluded on-line directly on the website Portal.
3 FORMAT AND CONTENT
3.1 Data, for publication of Advertising corresponding to the concluded contract must comply with Operator for the advertising format, including the size in pixels, file size, target URL and other conditions of which the Operator shall notify the Client.
3.2 Unless a specific concluded contract with Client noted otherwise, documents must be delivered to the Operator at least 3 working days before the date on which the Advertising is to be started.
3.3 In case of late payment of Advertising or late, incomplete or poor delivery of the substrate, the period of Advertising won’t be extended by the time corresponding to the Client’s delay and the Client is not entitled to a refund of the price paid, or the relative part.
3.4 The Client is responsible for the content, truthfulness of the content and technical quality of all graphical Advertising substrate as a whole. The Client is responsible for compliance of Advertising and any supporting documents with the law on advertising, the law on consumer protection and other related laws restricting content and advertising design.
3.5 By Advertising order the Client gives the Operator permission to the dissemination of advertising elements and declares that prior to a contract of providing Advertising on targeted URLs the client has properly and fully dealt with all rights against third parties. Further declares that it is a holder of all copyrights to the passed data needed for publication in the supplied form and that does not violate the rights of any other authorized entity.
3.6 By concluding the Contract, the Client further gives to the Operator the permission to use samples of Advertising in the promotion of services of the Operator.
3.7 The Client is responsible to the Operator and other authorized entities for harm caused by technical, graphic or legal defectiveness of Advertising, in particular, by publishing the Advertising has violated copyright, the right to a trademark or other intellectual property.
3.8 Operator has the right to reject proposed contract for the provision of advertising, especially for an Advertising: in respect of which the content is contrary to applicable law, morality or ethical code of advertising or threatens public order. In case of a conflict between the Client and Operator whether the Advertising fulfills any of these conditions, it is to be decided by the opinion of Operator;
- which is its content, quality or form is incompatible with the interests of the Operator;
- that does not match the current offer of the Operator or the extent is unrealistic;
- for which it has reasonable doubts that the Client has all necessary rights (especially copyright or a trademark) necessary to publish Advertising until these rights are credibly demonstrated by Client to Operator;
- if there is a claim against the Client or the advertiser after they become due;
- materials do not qualify for publication of Advertising.
3.9 The Operator has the right to refuse publication of Advertising and to stop publicity if any of the above facts come to light in the course of the provision of Advertising. 3.10 The Operator is obliged to immediately notify the Client when it refuses to disclose the Advertising or that it has ceased publishing provision of Advertising, stating the reasons which led to this decision.
4 PRICES AND PAYMENT TERMS
4.1 Unless the Operator and Client agreed otherwise, the price in the order will matches the price specified in Operator’s current price list for the advertising format. Valid Operator’s price list is published on the server Managementmania.com or on request sent to the Client.
4.2 All prices of Advertising listed in the price list are without value added tax which will be charged at the rate provided by applicable law.
4.3 Unless specific closed contract with the Client stated otherwise, the operator may request reimbursement rates for advertising based on proforma invoices sent, before the agreed start of provision of Advertising. The maturity of proforma invoice is 14 calendar days of exposure, but no more than 5 calendar days before the agreed start of provision of Advertising. Unless a specific contract with the sponsor concluded otherwise stated, that in case of non-forma invoice is the Operator entitled to not start providing the Advertising. The Operator is not obliged to provide the Advertising sooner than 1 working day after the appropriate amount to the account of the Operator.
4.4 Payment means the moment of crediting funds to the Operator’s account. The Operator is entitled to send an invoice and proforma invoice to the Client’s registered address specified in the contract for the provision of Advertising. In the case of a change of residence, the Client is obliged to inform the Operator about it immediately.
4.5 In case of delay in payment of invoices or proforma invoices, the Operator is entitled to charge the Client interest at 0.1% (in words: one-tenth percent) of the amount due for each day of delay.
5 CANCELLATION CONDITIONS
5.1 If Client is interested in cancelling a contract prior to the agreed beginning of the provision of Advertising, must do so in writing and his notification of cancellation delivered to the Operator. By delivering such notification shall be deemed canceled with the following cancellation terms:
5.1.1. to cancel the contract within 30 calendar days or more before the agreed beginning date of the provision of Advertising, the Client is obliged to pay to Operator 30% of the Advertising price mentioned in the contract;
5.1.2. to cancel the contract within 14 to 29 calendar days before the agreed beginning date of the provision of Advertising, Client is obliged to pay to Operator 50% of the Advertising price mentioned in the contract;
5.1.3. to cancel the contract within 10 to 14 calendar days before the agreed beginning date of the provision of Advertising, Client is obliged to pay to Operator 80% of the Advertising price mentioned in the contract;
5.1.4. to cancel the contract in less 10 days before the agreed beginning date of the provision of Advertising, Client is obliged to pay to Operator 100% of the Advertising price mentioned in the contract.
5.2 After the agreed beginning of provision of Advertising, Client is entitled to withdraw from the contract only if there has been from the Operator’s side proven, repeatedly, while a substantial violation of contract.
6 LIABILITY FOR DAMAGE
6.1 In cases where in these terms and conditions is not specified otherwise, the Operator is responsible only for damage resulting from violation of obligations under these terms and conditions, respectively other arrangements to follow these terms and conditions. The operator and the Client agreed to aggregate foreseeable damage, arising under the last sentence may not exceed an amount corresponding to the Advertising price paid by Client based on specific order.
7 CONTRACT TERMINATION
7.1 Contractual relationship under these conditions can be terminated at any time by written agreement of the parties.
7.2 Contractual relationship under these conditions is possible to terminate by withdrawal of the Operator if: (a) fails to comply with payment terms of Client (b) fails the supply data for advertising in the required time or quality, (c) it is initiated insolvency proceedings or liquidation of the Client.
7.3 Withdrawal from the contract shall be effective upon by sending written notice of the Operator of the withdrawal.
7.4 In case of withdrawal mutual provided services do not return.
8 COMMON AND FINAL PROVISIONS
8.1 If in these terms and conditions is required in writing, this is maintained even when using electronic mail (e-mail) for an act carried out by electronic mail (e-mail), but only on condition that the other party has confirmed receipt of such e-mail (for confirmation of receipt is not yet an automatic reply of e-mail server, etc.). The Operator and the Client are obliged on request of the other party to confirm date and time of receipt e-mail of the other side. Furthermore, in writing is deemed complete data in the online form to enter the Advertising, if there is an offer on the portal.
8.2 The Operator and the Client agree not to use for themselves and do not provide any third party confidential information which will be made available within the ordering relationship based on Advertising, or proposal for the contract in accordance with these terms and conditions.
8.3 Deviation from these terms can only be agreed by the parties in writing.
8.4 By performing the Advertising order, Client contractually agrees to the inclusion of all personal data provided (hereinafter Data) to the database of the Operator as an administrator, and its subsequent processing by the processor or for the purpose of the contract and for marketing purposes of the Operator, i.e. offering products and services, including sending information about organized events, products and other activities, as well as sending commercial communications by electronic means pursuant to Act no. 480/2004 Coll., and for the withdrawal of consent (for a maximum period of 10 years) with the fact that these data can be assigned to other data. Client acknowledges that he has rights according to § 11, 21 of the Act No. 101/2000 Coll., i.e. in particular that providing information is voluntary, he may without payment his consent in writing at any time withdraw on the Operator address, has the right to access personal data and the right to correct such personal data, block incorrect personal data, its liquidation, etc. In case of doubt about respect for the rights by administrator, Client may refer to the Operator and alternatively with the stimulus may also contact directly the Office for Personal Data Protection, based Pplk. Sochora 27, Prague 7.
8.5 By ordering Advertising or entering into a contract with the Operator, Client fully accepts these terms and conditions. In case of conflict between the terms and conditions and other written agreement between the Operator and the Client, shall prevail written agreement. 8.6 These “Terms and conditions of advertising on the internet server Managementmania.com” are valid and effective from 11/01/2011.