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RegulaminRegulations

REGULATIONS OF ORDERING AND BROADCASTING ADVERTISEMENTS IN PORTALS AND SERVICES HELD BY POLAND GATEWAY LTD.

 

1. BASIC NAMES

Advertiser
Stands for every legal entity and natural person and every business department of non-corporate personality, deputing advertisement broadcast at www.poland.com sites. Advertiser is also an agency or any other realtor operating on behalf of his client.


Publisher
Poland Gateway Ltd. headquartered in Wroclaw at Wystawowa 1/6 – thereinafter defined as Poland Gateway Ltd.

 

Advertisement view
Stands for the user’s contact with an advertisement (a display in the user’s screen), registered in the statistics. In other words, it is a single display of an advertisement together with the WWW site where it is placed. In these presents ‘advertisement broadcast’ phrase is applied interchangeably.


CPM (Cost Per Mille)
Cost of a 1 000 views of a banner or other advertisement carrier.
 

Flat Fee
Advertisement purchase model, charge for the time of advertisement broadcasting estimated in weeks or months.

Advertising materials prepared (also: outfit or advertising carrier)
Materials provided in files by Advertiser in txt, jpg, gif, animated gif, flash, html formats, ready to use as an advertisement.


Statistics
Information on a number of views of a particular advertisement and its effectiveness (number of ‘clicks’), available on-line.


Advertisement broadcast order
Written order (form) of an advertisement broadcast available at Poland Gateway Ltd. site, including types of advertisements that can be ordered by Advertiser.
Stands for every contract, which refers to advertisements broadcast at www.poland.com sites and services. Order acceptance confirmation or starting up an advertising campaign means that the contract that both sides agreed is in force.


Media Plan
Stands for a detailed scheme of a particular advertisement broadcast at www.poland.com sites, defining the time and number of views. 

2. GENERAL RESOLUTIONS

2.1. Accepting and placing advertisements by Poland Gateway Ltd. is based on the following rules.

2.2. Advertisements sale by Poland Gateway Ltd. holds according to following criteria:

a)    number of views – CPM

b)    broadcast time – Flat Fee

2.3. The settlement is based on the units:

a)    1000 views

b)    broadcast lasting a week or a month

2.4. Poland Gateway Ltd. derogates of responsibility of the content of advertisements placed. Advertiser is in liability to solve all the harm done to Poland Gateway Ltd., regarding the content of advertisement placed at www.poland.com sites.

2.5. Advertisements can not be illegal and conflicting with social norms.
Poland Gateway Ltd. reserves the right to refusing or holding the advertisements broadcast without any explanation, in particular, if there is a reasonable suspicion, that their content is illegal, conflicting with social norms or infringes upon third party rights.

2.6. Advertisements can not simulate the elements of the sites of placement and must be easy recognizable as advertisements. Poland Gateway Ltd. reserves the right to marking the advertisement with the following phrases: “advertisement”, ”ad”,  “paid advertisement” etc.


3. ADVERTISEMENT BROADCAST ORDER

3.1. Advertisement broadcast orders are accepted only in written form (a letter or a fax) sent by Advertiser to Poland Gateway Ltd. in a special advertisement order form.

3.2. Advertisement broadcast order needs to include information on Advertiser, incl. the name or name and surname, stamp and a signature of a person authorized to representing the Advertiser. Advertisement broadcast order defines the broadcasting time and all the additional conditions.

3.3.  Advertisement broadcast order form prepared by Poland Gateway Ltd. can be downloaded from www.polandgateway.com website.

3.4. The form, completed correctly, together with the stamp and a legible signature of a person authorized to representing the Advertiser needs to be faxed at +44 071 347 50 56.

3.5. Advertisement broadcast order should be given to Poland Gateway Ltd. minimum 14 days prior to the broadcast beginning.

3.6. The covenant between Advertiser and Poland Gateway Ltd. is in force only after accepting the advertisement broadcast order by Poland Gateway Ltd.

3.7. Written advertisement broadcast order confirmation is the signing of an advertisement broadcast order with a number given. Signed and numbered order form will be sent to the Advertiser via fax.

3.8. Advertisement broadcast order submission signed by the Advertiser and its written confirmation sent by Poland Gateway Ltd. is unambiguous with a contract agreement. The contract’s content results from the written statements detailed in the advertisement broadcast form.

3.9. Signing up an advertisement broadcast order prepared by Poland Gateway Ltd., the Advertiser declares that:
a)    he has the appropriate rights to submit orders and sign the advertisement broadcast contract;
b)    he own the appropriate incorporeal chattels (copyright and similar, industrial property rights, trademarks and ornamental pattern rights, company secret rights and any other required) do using the advertising materials included in the advertisement’s broadcast, information, data, pieces fragments, images, trademarks or ornamental patterns and any other elements of a legal security rights;
c)    he is a VAT taxpayer and entitles Poland Gateway Ltd. do issue a VAT invoice without a signature of a person authorized to the invoice receiving;
d)    advertisement broadcast order is legal and does not infringe a copyright and any other third party rights;
e)    advertisement broadcast order is legal and Poland Gateway Ltd. does not bear the criminal responsibility resulting from breaking the law by Advertiser


4. PAYMENT CONDITIONS

4.1. Advertisement fee is estimated basing on the price list of advertisements offered by Poland Gateway Ltd., presented in  www.polandgateway.com site.

4.2. Price list includes net prices. Poland Gateway Ltd.’s fee will be extended by a VAT tax, according o the valid deeds.

4.3. Poland Gateway Ltd. reserves the law to modify the price list, however, Poland Gateway Ltd.’s duty is to inform the Advertiser about the prices modification 30 days prior to the new prices are in force.
 
4.4. Only confirmed by Poland Gateway Ltd. and paid by the Advertiser orders are biding.

4.5. Pro forma invoice issued by Poland Gateway Ltd. is a base of payment completing.

4.6. The total payment for the advertisement ordered must be completed before the advertisement broadcast or on the first day of the broadcast at the latest. The payment must be completed via bank transfer to an account indicated in the pro forma invoice issued by Poland Gateway Ltd. after the advertisement order confirmation.
 
4.7. Advertisement issue can be withdrawn by the Advertiser partly or entirely. The withdrawal results in imposing on Advertiser  the penalty charges of the following amounts:
a)    30 days prior to the advertisement broadcast – no charge;
b)    between 29 and 15 days prior to the advertisement broadcast – 10% of the amount for an incomplete order implementation
c)    between 14 and 4 days prior to the advertisement broadcast – 25% of the amount for an incomplete order implementation
d)    between 3 and 1 days prior to the advertisement broadcast – 45% of the amount for an incomplete order implementation
e)    after the advertisement broadcast beginning – 80% (100%) the amount for an incomplete order implementation 

4.8. In case of a partly broadcast withdrawal, the penalty charges refer to the withdrawn part of the broadcast value.

4.9. Withdrawal must be set down in writing within the terms given above, under pain of nullity.

4.10. All the discounts for Advertisers are estimated individually and depend on the order’s value.

4.11. Non-payment of a VAT invoice within the time limits can be a cause of other advertisement broadcasts withdrawal by Poland Gateway Ltd., however, it neither binds Poland Gateway Ltd. to the disbursement of compensation for an order unfulfilled nor the reimbursement for a part of an order unfulfilled.

5. ADVERTISEMENT BROADCAST CONDITIONS

5.1. Detailed technical specification of advertisements offered by Poland Gateway Ltd. is available at www.polandgateway.com in both on-line and downloadable versions. The specification mentions the sizes, wages and formats of advertisements.

5.2. In case of providing the outfit by Advertiser, it needs to correspond with the technical requirements of advertisements offered by Poland Gateway Ltd.
 
5.3. Outfit should be provided to Poland Gateway Ltd. 7 day prior to the beginning of the broadcast at the latest. This refers both to the outfit provided by Advertiser and photos, texts and other items required to prepare the advertisement according to the Advertiser’s needs in case of preparing it by Poland Gateway Ltd.
 
5.4. In case the Advertiser does not provide the order or outfit, Poland Gateway Ltd. is allowed not to complete the order and take any responsibility of this. Concurrently, the Advertiser will be charged with the advertisement costs according to the cancellation policy specified in “Payment Conditions” § of the Regulations above.

5.5. If, arising out of not providing the materials by Advertiser, the broadcast time will be brought forward (with an accordance of Poland Gateway Ltd.), Poland Gateway Ltd. will neither be bound to indemnity fees of non-putting the advertisement broadcast across nor obligated to reimbursement for the non-accomplished part of the advertisement issue.

5.6. Verification of the advertising materials given will be accomplished by Poland Gateway Ltd. within 24 hours from receiving, provided that the day of receiving is not the last working day. If the day of receiving is the last working day, the verification will be accomplished within 24 hours beginning from the first working day following the public holiday. Public holiday means Saturdays, Sundays, holidays and bank holidays.
Poland Gateway Ltd. will inform the Advertiser within the time aforesaid both about the eventual mistakes appearing in the advertising materials and their correctness.

5.7. Any eventual changes to be put in, regarding the advertisement content, graphical elements, time of display and time interval, should be provided to Poland Gateway Ltd. by the Advertiser in writing, with the precise specification.

5.8. If the Advertiser decides to changing the materials after the broadcast has begun, Poland Gateway Ltd. is obligated to input the changes within 48 hours since receiving the new materials.

5.9. All the changes made during the advertisement broadcast, that hadn’t been included in the advertisement order, are surcharged 20% of the total order cost.

5.10. In case of any doubts or ambiguity appearance, according to the sort or scope of the changes claimed, Poland Gateway ltd. has a right to accomplish the order in its primal form.


6. ADVERTISEMENT BROADCAST IMPLEMENTATION

6.1. During the advertisement broadcast and 30 day after it is completed, Publisher has a right to insight to the detailed statistics relevant to the particular campaign. Access to statistics is available “online” 24/7 and secured with a unique password.

 
6.2. WWW site address with the statistics, login and password will be provided to the Advertiser by Poland Gateway Ltd. via e-mail within 24 hours since the advertisement broadcast has begun. Poland Gateway Ltd. will be supplying the “Advertisement issue report” to the Advertiser’s e-mail address indicated once a week.

6.3. If, according to the objective reasons, advertisement broadcast is not accomplished on time, its broadcasting time will be appropriately elongated or the Advertiser will be available to add the remaining displays to the next order.


6.4. All the complaints regarding the policy and quality of order realization are to be demurred to Poland Gateway Ltd. by the Advertiser in writing and within 30 days of advertisement broadcast termination.

6.5. Providing that the complaint is reasonable, Poland Gateway Ltd. will consult with the Advertiser to refute defects and stingers.

6.6. If, within the time established, the advertising campaign will not be accomplished and the reasons are independent of Poland Gateway Ltd., its broadcast time will be elongated appropriately or the Advertiser will be available to add the remaining displays to the next order.

7. CLOSING STATEMENTS

7.1. All the statements of Poland Gateway Ltd. and the Advertiser are passed on in original and via fax or e-mail to the relevant address indicated in the advertisement broadcast order.

7.2. All the advertisement contracts (Advertisement broadcast orders), which the Regulations refer to, are customary.  

7.3. Both parties state, that all the disputes consequent upon these presents will be adjudicated by the home court for Poland Gateway Ltd.

7.4. All the matters that hadn’t been specified in the Regulations are justiciable to the civil law.

7.5. The Regulations is put into force on 01.01.2006.

 


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