1 In General
These General Terms and Conditions of Sale shall be applied to all advertising solutions provided by JCDecaux Finland Ltd (“JCD”) to its customers (“Customer”) unless otherwise agreed upon in writing. The Customer shall be deemed to have accepted these terms as a part of the contract between JCD and the Customer when ordering advertising solutions from JCD. JCD reserves the right to change these General Terms and Conditions of Sale. The revised terms currently in force are posted on JCD’s home page www.jcdecaux.fi
2 Advertising Campaign, Advertising Period and Installing TimesThe duration of advertising campaigns sold by JCD is defined in the media agreement, and all advertising campaigns are sold as per interim sale conditions. A contract shall be deemed to have come into force once the Customer, or the Customer’s representative, has accepted, in writing or in some other verifiable manner, the offer made. Depending on the advertising medium and product, the advertising period is measured in minutes, hours, days, weeks, months, or impressions. The installing times vary between advertising media. The Abribus posters are installed between 8 a.m. Sunday and 6 a.m. Monday. The Abribus posters in shopping centres are installed between 6 a.m. Sunday and 12 noon Monday. The shopping trolley posters are installed during Monday and Tuesday. Other outdoor advertisement products are installed between 12 noon Saturday and 12 midnight Monday. The installation time for transit media advertisements is 1 – 3 days. Exceptions to timetable and changes made during the campaign shall be agreed upon separately and in writing. Such changes are invoiced separately.
3 Advertised Product or ServiceThe Customer shall, upon the confirmation of the advertising campaign, notify JCD of the advertiser and the product or service being advertised. Parallel packages may include simultaneous advertising of the same product group. JCD reserves the right to use the photo material from previous advertising campaigns in its own marketing and communicational channels.
4 Total Cost of an Advertising CampaignThe total cost of an advertising campaign comprises of media price, installation and maintenance fees, and possible separate production costs (see chapter 9). The installing of posters and supervision and maintenance of the advertisements during the advertising campaign are included in the installation and maintenance fees. The media price for advertising campaigns containing digital solutions includes the publication of digital advertisements and the supervision and maintenance of the digital advertising products during the campaign.
5 Right to Depart from the Contract5.1 Advertising Media Subjected to Outdoor Impact Assessment
Outdoor Impact is an audience research system, which analyses the advertising media and their environment. Using the results from the analysis, Outdoor Impact provides a coverage value for the products, measured in Visibility Adjusted Contact (VAC). The advertising media subjected to Outdoor Impact assessment are Abribus, Abribus Shopper, Column, and Stationlight. The media pricing for these advertising products is based on the number of VAC contacts (total VAC). JCD does not offer a contact guarantee and the realisation of VAC contacts shall not be verified afterwards. Without changing the contracts related to the advertising campaign, JCD has the right to reasonably exceed or fall 5 % below the national (target group ages 12 – 74) or regional, as per contract, number of contacts. Due to reasons beyond the control of JCD, such as traffic arrangements, strikes, construction work or other such reason, the falling below may temporarily be even greater than 5 %.
5.2 Poster-Based Advertising Media Not Subjected to Outdoor Impact Assessment
Shopping trolleys, advertising surfaces on public transportation and single site locations are not subjected to Outdoor Impact assessment. Without changing the contracts related to the advertising campaign, JCD has the right to reasonably exceed or fall 5 % below the number of posters. Due to reasons beyond the control of JCD, such as traffic arrangements, strikes, construction work or other such reason, the falling below may temporarily be even greater than 5 %.
5.3 Digital Advertising Media Digital
advertising products are not subjected to Outdoor Impact assessment. Without changing the contracts related to the advertising campaign, JCD has the right to reasonably exceed or fall 5 % below the number of impressions. JCD shall not be liable for possible malfunctions of single screens or temporary malfunctions caused by vandalism.
6 Cancelling/Postponing the Contract
6.1 Poster-Based Products
If an advertising campaign is cancelled later than seven (7) weeks prior to its contractual starting date, JCD shall invoice the Customer for the full media price of the cancelled campaign. The cancellation shall always be made in writing. Possible postponing of the campaign shall be considered cancelling, and it shall always be agreed upon separately and in writing. In the event the production of the advertising campaign has been ordered from JCD and JCD has already ordered the production from its sub-contractor, the Customer shall be invoiced for the price of the production, regardless of the time of cancellation.
6.2 Digital Products
If an advertising campaign is cancelled later than two (2) weeks prior to its contractual starting date, JCD shall invoice the Customer for the full media price of the cancelled campaign. The cancellation shall always be made in writing. In the event the production of the advertising campaign has been ordered from JCD and JCD has already ordered the production from its sub-contractor, the Customer shall be invoiced for the price of the production, regardless of the time of cancellation.
The Customer shall be invoiced for the cost of the advertising campaign in the beginning of said campaign. The invoiced amounts are in accordance with the terms set out in chapter 4 of General Terms and Conditions of Sale. Any remarks regarding the invoicing shall be made no later than eight (8) days after receiving the invoice. Value added tax is added to the invoice in accordance with the legislation in force at the time the advertising campaign starts.
8 Terms of Payment
The term of payment shall be fourteen (14) days net. The term of payment for media and advertising agencies under cooperation agreement is thirty (30) days net. The maximum annual interest rate on overdue payment shall be payable in accordance with the Finnish Interest Act.
9 Printing and Other Production
9.1 Production of Poster-Based Products
The production and printing of posters are not included in the media price. If the Customer uses JCD’s printing service, the material shall be delivered to JCD no later than fourteen (14) days prior to the start of the advertising campaign. If the material is late, the Customer shall be liable for any additional costs caused by the delay. The required amount of spares is 10 – 20 %, depending on the advertising medium, and the spares shall be added to the agreed number of posters in the contract. JCD shall not store the spare posters after the advertising campaign ends. The delivery of printing material shall be deemed as an order for printing and invoiced according to the currently valid printing price-list. If the Customer arranges for the poster to be printed separately, the posters shall comply with the printing instructions provided by JCD. Should the posters be delivered to JCD and should they differ from said instructions and should this cause extra costs, the Customer shall bear the extra costs. The posters ready for production must be delivered to JCD no later than one (1) week prior to the start of the advertising campaign. If the delivery of the posters is delayed, the Customer shall be held liable for any extra costs caused by the delay. In addition, a delay in delivering the posters may prevent the campaign in part or in full. JCD shall not provide compensation for a campaign cancelled due to a delay in delivery. The handling charges of posters printed by JCD’s printing service are included in the printing invoice. Handling costs for posters printed elsewhere (€200, vat 0%) shall be invoiced in connection with the media invoicing of the advertising campaign.
9.2 Digital Advertising Solutions, Production, and the Delivery of Digital Material
The production of digital material is not included in the media price of the advertising campaign. Digital production refers to the production of campaign material based on the material and information provided by the Customer. The Customer should deliver the digital material, produced according to JCD’s material instructions, no later than two (2) working days prior to the start of the advertising campaign. The instructions can found at www.jcdecaux.fi. The Customer shall be responsible for the conformity of the digital material to JCD’s instructions. If the digital material fails to meet the requirements set in the instructions, the Customer shall be liable for any possible extra costs caused by modifying the material. JCD reserves the right to refuse to use digital material not produced according to the instructions. If the digital material is delivered late to JCD due to the Customer’s actions, the price of the advertising campaign shall not be compensated.
9.3 Distribution of Posters and Special Ads
If the Customer uses several poster motifs in their campaign, and no specific written instructions have been given in regards to the distribution of the posters, JCD shall distribute the posters evenly between the advertising media used in the campaign. JCD should be notified on any solutions requiring special measures no later than six (6) weeks prior to the start of the advertising campaign. Special measures are priced case-by-case. Attachments requiring special measures may be restricted by contracts and agreements between JCD and third parties.
10 Lighting for Advertising Products and Operating Hours
The lights on Abribus and Columns are connected and disconnected at the same time as the local street lighting. Digital advertising products follow the normal timetable of their environment (public transportation schedules, opening hours of shopping centres etc.). Digital advertising products located outside are in operation between 6 a.m. and 2 a.m. JCD shall not be held liable for interruptions in the internet or the distribution of electricity.
11 Damage to Advertisements
JCD shall not be held liable for damages caused by reasons beyond its control, e.g. weather conditions or vandalism.
12 Content Restrictions
The ICC Code of Advertising Practice, the resolutions of the Chamber of Commerce of Finland and the Council of Ethics in Advertising, and the preliminary rulings of Valvira (National Supervisory Authority for Welfare and Health) shall be taken into consideration when planning outdoor advertisements. The advertisements shall not violate good marketing practices. In its contracts with authorities, JCD has committed itself to removing any advertisements that cause public disapproval from its advertising products, once a request for removal has been made. If an advertising campaign must be discontinued due to abovementioned reasons, JCD shall not be held liable for any resultant losses to the Customer. In some areas, political advertising may be prohibited. On some single site locations, the contractual parties of JCD may have restrictions regarding the content of advertisements. For more detailed information on the restrictions, please contact JCD media sales. Regardless of the producing party of the advertising campaign, the Customer shall be responsible for the content of the advertisements and shall make sure the content is not in violation of current legislation, or the rights of any third party. If an advertising campaign must be discontinued due to reasons mentioned in this chapter, JCD shall not be held liable for any resultant losses to the Customer.
13 Limitation of Liability and Force Majeure
The liability of JCD shall, in every situation, be limited to the net price (vat 0%) invoiced from the Customer in regards to the advertising campaign. JCD shall not be held liable for any indirect damages to the Customer. JCD shall not be held liable for delays or damages caused by force majeure circumstances. Force majeure circumstances are causes beyond the control of JCD, which it could not have reasonably been expected to have taken into account and prevent JCD from fulfilling its contractual responsibilities without being able to remove such an obstacle through reasonable actions. Force majeure circumstances include labour disputes, war, civil disorder, exceptional weather conditions, fire, import embargo or other regulation issued by an authority, or disruptions in public transportation or the supply of energy. Strike, embargo, boycott and other labour conflict actions shall be considered force majeure when JCD is the target or party to such actions.
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