General Terms and Conditions
V2-24 in use from 02nd of July 2024.
HOOH MEDIA Ltd. VAT.ID. 80134734104
GENERAL TERMS & CONDITIONS
GENERAL PROVISIONS
Article 1.
1.1. General terms and conditions (hereinafter referred to as "General Terms") are applicable to all offers and contracts on advertising, i.e. lease and sublease of advertising space of the company Hooh Media d.o.o., Zagreb, Sopnički odvojak 5R, OIB 80134734104 (hereinafter referred to as "Service Provider") and as an attachment are an integral part of the offer and contract. If the conditions agreed upon in the offer and/or contract are different from the conditions specified in these General Terms and Conditions, the terms, and conditions from the offer and/or contract shall apply. These General Terms and Conditions apply as of January 2, 2024.
1.2. The Service Provider puts on the market the service of advertising space in the form of an image display time frame (hereinafter referred to as "Spot") on a billboard with illuminated advertising devices with electronic image display (hereinafter referred to as "Ad space"). The time frame of the Spot is limited to ten (10) seconds, and the display of the Spot during the operation of the Ad space in a one day at a minimum of 600 displayed Spots.
1.3 Working hour of the Ad space is from 6:00 a.m. to 11:00 p.m., and it can be shorter if required by a municipal regulation regarding illumination restriction. The working hours of the Ad space in a trade venue (shopping mall and others) are the same as the working hours of the space in which it is located.
RIGHTS AND OBLIGATIONS
Article 2.
2.1 The buyer of Ad space (hereinafter referred to as the "Service User") can place the order exclusively in writing at the e-mail address provided for that purpose. In the order, the Service User must specify the location where he is leasing Ad space for the Spot, the number of Spots and the period (number of days) during which the Spot will be on display during the operation of the Ad space.
2.2 The Service User accepts full responsibility for the content he submits to display on the Ad space and accepts that the Service Provider has no obligation to review and determine whether the content complies with the regulations governing advertising. The Service User accepts that the Service Provider reserves the right, if it determines through self-initiative verification that the content is not suitable for publication, to inform the Service User and request that the content be adjusted to comply the regulations to be published on the Ad space.
2.3 The Service User specifically declares that it will reimburse the Service Provider with the prescribed interest and compensation for all expenses that the Service Provider may be subjected to, in connection with displaying of the Service User's content on the Ad space.
Article 3.
3.1 The Service User orders the service in the specified time and quantities from the Service Provider by sending an order in the form of a written order via e-mail addressed to the e-mail address provided for that purpose. By confirming the availability of the requested service, the Service Provider confirms the order in full or only in part by delivering the offer and technical conditions for creating the content (hereinafter referred to as the "Offer") to the Service User.
3.2 The Service User confirms the Offer by paying the full value of the Offer within the stipulated period, unless otherwise stated in the Offer or regulated by the contract. By making a payment according to the Offer, the Service User declares that he has read, accepted and confirmed these General Terms and Conditions and the Offer.
3.3 The service user can cancel the confirmed Offer under the following conditions:
3.3.1) from the confirmation of the Offer until the 15th day before the agreed first day of publication without compensation;
3.3.2) in the period from 14 to 7 days before the agreed first day of publication with compensation in the amount of 50% of the contracted value of the service from the Offer;
3.3.3) in the period from 7 to 0 days before the first day of publication with compensation in the amount of 100% of the contracted value of the service from the Offer.
3.4 The Service Provider reserves the discretion to cancel the confirmed Offer at any time and without the need to explain the reason for the cancellation to the Service User who ordered the service. The Service Provider will return the funds paid in advance on behalf of the cancelled Offer to the Service User whose confirmed Offer is cancelled, and the Service User will not claim other fees from the Service Provider on behalf of the cancelled Offer.
Article 4.
4.1 The price of Spot on the Ad space is shown in the service price list for each Ad space and includes the display period in days during which the Spot will have a minimum of 600 displays per day.
4.2 The Service Provider reserves the right to grant a discount on the price shown in the price list. The sale’s price is defined by the terms of the Offer and/or contract.
4.3 The Service Provider will announce any change in the service price list no later than 15 days before the day when the change is applicable. In the event of a price change, the Service User may cancel the Offer on the day of receipt of the notification containing the new service price list.
4.4 A long-term lease is considered any lease lasting more than 90 (ninety) days. The Service Provider can regulate the terms of the long-term lease with the service user through an Offer or a separate long-term lease agreement.
4.5 If the Service User prematurely terminates the long-term lease, the Service Provider will charge a one-time fee for the premature termination of the long-term lease.
4.6 The one-time fee from the previous paragraph is the difference between the price achieved for a long-term rental and the price according to the price list for Spots and Advertising surfaces in the period in which the Service User used the services.
Article 5.
5.1 If the Ad space ceases to work due to a malfunction of the Ad space's equipment, and the malfunction was rectified in a time that did not affect the possibility of delivering 600 Spot displays during one working day, the Service User has no right to complain.
5.2 If a malfunction of the Ad space equipment prevents the Service Provider from delivering the contracted 600 Spot displays during the working day, the Service User accepts that the lease period will be extended by one day. The Service User accepts the extension as satisfaction of the complaint.
5.3 If the Ad space ceases to work due to a cause other than a failure of the Ad space's equipment, i.e. rectification of the failure cannot be influenced by the Service Provider; such as but not limited to: failure of the supplier's electrical network, failure of the server's data network; The Service Provider is not responsible to the Service User for the period of the lease for which it was unable to deliver Spot display, and the Service User will not claim compensation from the Service Provider for the same.
5.4 If the Service Provider is ordered by the municipal authority to stop displaying the Service User's content, the Service Provider will cease to display the content and inform the Service User accordingly. The Service User can submit new content for the Spot for the remaining contracted lease period, with the application of a 75,00€ (+VAT) content redistribution fee.
Article 6.
6.1 The Service User is obliged to deliver the content created in accordance with the technical instructions of the Service Provider up to 2 (two) days before the first day of the display period.
6.2 If the Service User submits content that is not created in accordance with the Service Provider's technical instructions, the Service Provider will notify the Service User within 24 (twenty-four) hours of receiving the material. The Service Provider is not responsible for the delay in displaying the content due to technically inadequately prepared content.
6.3 If the Service User hire the Service Provider to create content, the Service User is obliged to deliver packages and instructions for creating a content, in .PDF or .PSD format, no later than 7 (seven) working days before the start of the display period. The Service Provider is not responsible for the delay in displaying content due to delivery delays and/or technically inadequate packages, unclear instructions.
Article 7.
7.1 The Service Provider may provide an analytical report on the Spot’s impressions upon request and for a fee. The service and delivery conditions for analytical report are regulated by the Service Provider and the Service User in a separate contract or offer.
FINAL PROVISIONS
Article 8.
8.1 The Service Provider and the Service User guarantee that the collected personal data, which are processed on the basis of legal regulations and/or consent, will be processed exclusively for the purpose set out in these General Terms and Conditions, the offer and the contract, and that they will ensure the integrity, confidentiality and processing of such data an adequate level of security is ensured, including protection against unauthorized or illegal processing and against accidental loss, destruction or damage, as well as appropriate technical and organizational measures that enable effective application of the principles of personal data protection.
8.2 The processing of personal data means the collection, recording, storage, inspection, disclosure, transfer, or destruction of personal data. The Service Provider and the Service User guarantee that they will notify the other party of any personal data breach no later than 48 (forty-eight) hours after becoming aware of the personal data breach.
Article 9.
9.1 Notifications must be communicated in writing via e-mail. For contractual purposes, the Service User agrees to these electronic means of communication.
9.2 Due to force majeure, i.e. if the Ad space on which the Spot is on display is destroyed, only partially destroyed or only damaged, the Service Provider may cancel the contracted service to the Service User.
9.3 The Service Provider does not guarantee the Service User that during the use of the service, the Ad space and the Spot will be continuously visible to the audience. Short interruptions to the visibility of the Ad space and the Spot do not give the Service User the right to request additional services or compensation of any kind.
Article 10.
10.1 The Service User has the right to object to the Service Provider's invoice within 3 days from the day of receipt of the invoice. For late payment, the Service User is will pay the statutory default interest in accordance with the applicable regulations.
10.2 The Service Provider may transfer, assign, or encumber its rights or obligations from the General Terms and Conditions at any time. To fulfil the General Conditions, the Service Provider may use subcontractors.
10.3 If the Service Provider fails to exercise its rights from the General Conditions, this is not considered a waiver of those rights. Waiver of rights by the Service Provider is effective only if the Service Provider expressly, in writing, declares that it waives them.
10.4 If individual provisions of these General Terms and Conditions are or become completely or partially invalid or void, this will not affect the validity of other provisions of these General Terms and Conditions. Legal provisions, if any, shall be applied instead of invalid provisions. The same applies in case of omission.
10.5 The valid provisions of positive legal regulations, the Law on Obligatory Relations, are also applied to all issues that are not specifically defined in these General Terms and Conditions.
Article 11.
11.1 For the General conditions, the offer and the contract concluded between the Service Provider and the Service User, the law of the Republic of Croatia is solely applicable.
11.2 These General Terms and Conditions are mandatory. The Service Provider and the Service User will primarily try to resolve all possible disputes through mediation, and if the possibilities of mediation have been exhausted, they determine the jurisdiction of the court in Zagreb.
11.3 These General Terms apply for an indefinite period or until the next amendment, and they come into force on the day of acceptance of the order, offer or signing of the contract.
In Zagreb, 02nd of July 2024., HOOH MEDIA Ltd.
