GENERAL TERMS AND CONDITIONS
The General terms and conditions shall apply to all advertising contracts, i.e. lease and sublease of advertising surfaces of the company EUROPLAKAT d.o.o. from Zagreb, Zagorska 2 (hereinafter referred to as: EUROPLAKAT), and as an annex represents a constituent part of an order and/or contract. Insofar as other terms and conditions have been otherwise agreed in a contract, the terms and conditions in the contract shall apply. These General terms and conditions, amendments, shall apply to advertising in the Republic of Croatia from 31/10/2018 and henceforth.
Accepting an order
Article 1Orders for advertising activities shall be accepted exclusively in written form, whereby it shall be necessary to indicate the name of the advertising activity, the duration of the advertising activity with an indication of the exact date of its commencement and completion; the number, size and type of poster surface on which the advertising activity shall take place. Changes or amendments to orders must be submitted to the company EUROPLAKAT in writing.
Article 2The Client shall accept full liability for the content on posters, and in the event of violation of the laws of the Republic of Croatia regarding advertising, breach of copyright or similar dispute, he/she shall be directly liable to the injured third party. EUROPLAKAT shall not have any legal liability towards the same.
The Client guarantees that he/she shall, in the event of initiating any kind of proceedings against EUROPLAKAT due to the content of advertising:
- eradicate any liability from EUROPLAKAT and accept all proceedings on him/herself;
- shall bear all liability for any possible incurred damage, and shall accept the obligation to pay any amount to third persons and/or institutions, together with interest and ensuing costs on his/herself;
- that in the event of the initiation of such proceedings, he/she shall accept all responsibility for setting up and the content of the subject advertisement.
The Client separately states that he/she shall refund EUROPLAKAT for all amounts that the company may have possibly paid to any third party as a result of possibly established liability for the content of the ordered advertisement.
Cancellation of order
Article 3A written order, confirmed in writing, may be cancelled without legal consequences at the latest 28 (twenty eight) days before the commencement date of the advertising activity, with a written explanation.
Contrary to this, the Client shall pay the following compensation for the amount of the ordered service:
- in the event of cancellation from the 27 to the 21 day before commencement of the activity 25 %
- in the event of cancellation from the 20 to the 14 day before commencement of the activity 50 %
- in the event of cancellation from the 13 day to the start date of the activity 100 %
Advertising and price
Article 4Changes to the advertising pricelist of the company EUROPLAKAT shall be published 15 (fifteen) working days before the same shall be applied. In the event of changes to the prices, the Client may cancel the order in writing at the latest 5 (five) days from the date of receipt of the new pricelist.
Article 5Long-term contracts for lease of large format surfaces (billboard hereinafter referred to as: BB and city light hereinafter referred to as: CL excluded) shall be deemed contracts concluded for 6 (six) months or longer. With long-term contracts, EUROPLAKAT shall send a written notification/reminder about the date of the end of the contract to the Client 60 days before the expiry of the contract, with a request that the Client state whether he/she shall extend the contract for the upcoming period or not, at least 45 days before the expiry of the lease period. In the event that the Client does not give such a statement within the aforementioned period, the contract shall be deemed extended under the same terms and conditions. In the event of early termination of the contract by the Client, the notice period shall be 3 (three) months, and shall commence from the date of the handover of the registered mail notification about termination of the contract. In the event of possible damage to the canvas which may occur due to gusts of wind, fire or earthquakes, Europlakat shall organise the repair or printing of a new canvas and its reassembly at its expense and as soon as possible. The Client shall in this way seem settled, and shall not demand compensation of damages or contract termination for this reason.
Article 6EUROPLAKAT shall be obliged to keep the canvas/advertising message of the Client, on the basis of a long-term contract, 15 (fifteen) days after the expiry of the campaign on large formats, and insofar as within this time period it does not receive a request for handover of the canvas to the Client or its further storage, it shall not be responsible for the subject canvas/advertising message, and shall not have any further obligation towards the Client.
Article 7For advertising on available advertising surfaces, EUROPLAKAT shall approve special discounts:
- to theatres, museums, art galleries, book publishers and organisers of classical music concerts;
- for humanitarian and other activities of state interest, we approve free advertising in accordance with available capacities, pursuant to the decisions of the EUROPLAKAT management.
Article 8In the event of a ban on hanging or further display of already erected posters by the competent authorities, land owners or in the event that in any way the disposal of advertising surfaces of EUROPLAKAT are brought into question, the contract shall be deemed null and void. The Client shall not be entitled to damages, however shall reserve the right to a refund of advance payments that may have already been paid.
Article 9EUROPLAKAT cannot guarantee that the poster surface shall be in continual function, visible or undamaged for the duration of the contracted period. Short-term disruptions in the abovementioned shall not entitle the Client to demand additional services or damages of any kind.
Article 10Complaints shall be valid insofar as the omissions are precisely described, or proven, and submitted in writing within a period of 8 (eight) days from the date of pasting the poster, so that EUROPLAKAT may investigate them. Subsequent complaints and complaints related to short-term disruptions defined in Article 9 of these General terms and conditions shall not be accepted.
Delivery of invoices and securing payments
Article 11EUROPLAKAT issues invoices on the last day of pasting posters, for the subject billboard advertising period. For large formats, invoices are issued for periods of 30 (thirty) days, that is, once a month. Clients shall settle the invoice amount within 8 (eight) days from the date of issuance of the invoice. An additional discount of 3 % shall be approved for payment of the entire amount seven days before commencement of the advertising activity. Any subsequent changes to payment deadlines shall be separately indicated in the contract.
Article 12The Client shall be entitled to object to an invoice within a period of three days from the date of receipt of the invoice, on the contrary, EUROPLAKAT shall deem the invoice has been accepted in its entirety and objections after this date shall not be accepted.
Article 13If the Client does not settle the entire amount of the invoice within the time period listed in Article 11 of these General terms and conditions, he/she shall pay the interest in arrears in accordance with existing regulations.
Posters and other advertising material
Article 14Posters and reserve posters – up to 20 % of the necessary quantity – must be delivered to the warehouse of EUROPLAKAT a minimum of 3 days before starting the advertising activity, and in accordance with the time schedule of the commencement of advertising. If the delivery of the agreed number of posters is late, EUROPLAKAT shall abide by the time schedule for pasting late posters, while the Client shall be charged additional costs for pasting posters according to the pricelist for out of schedule pasting of posters. When delivering posters late, the Client shall be obliged to pay for the surfaces in the full amount and shall not be entitled to demand extended advertising activities.
EUROPLAKAT provides printing services of all formats according to orders from the Clients. The Client shall be obliged to submit in their entirety preparations for printing BB and CL 7 (seven) days, and for large formats 10 (ten) working days before the start of the campaign. The printing pricelist is set and presented to the Clients, and the same is subject to changes in accordance with changes to the price of resources necessary for printing advertising messages. In the event of the changes to the EUROPLAKAT printing pricelist, EUROPLAKAT shall publish the changes 15 (fifteen) working days before changes thereto.
EUROPLAKAT provides creative design services. The Client must send a written request for a creative design solution at least 30 (thirty) days before commencement of the advertising campaign, while EUROPLAKAT shall forward an answer to the request within a period of 3 (three) days about whether the production of the same shall be possible. In the event of the confirmation of the production of a creative design, the Client must forward the preparations for drafting the same in their entirety within 15 (fifteen) days before the commencement of the advertising campaign.
The company Europlakat shall be entitled to photograph its advertising surfaces regardless of what campaigns are found on them at the time, and shall be entitled to use the same for marketing purposes of the company and promotion thereof.
Article 15Pasting of regional activities last for a duration for 2 (two) working days, while national ones last for a duration of 3 (three) to 6 (six) working days. Repasting shall last for the same period and in the same order.
Article 16EUROPLAKAT and the Client ensure that the collected personal data, which are processed based on legal regulations or consents, will be processed solely for the purposes specified in the contract and that such data will provide integrity, confidentiality and processing that ensures an adequate level of security, including protection against unauthorized or unlawful processing, from accidental loss, destruction or damage as well as appropriate technical and organizational measures that enable the effective application of the principles of personal data protection.
Processing of personal data is considered as collecting, recording, storing, inspecting, detecting, transmitting or destroying personal data. Each party warrants to inform the other party about any personal data breach at the latest within 72 hours of any personal data breach.
Article 17These GENERAL TERMS AND CONDITIONS shall be mandatory. The contracting parties shall resolve all possible disputes amicably, however insofar as this shall not be possible the court in Zagreb shall be competent.
Article 18These GENERAL TERMS AND CONDITIONS shall apply for an indefinite period or until they are amended, and shall enter into force on the date of signing a contract or date of acceptance of an order.