Terms and conditions

The scope of this document - hereinafter: T&C - covers MEDIAMOTION Kereskedelmi és Szolgáltató Kft. (registered office: 6760 Kistelek, Rákóczi utca 45, place of business: 6721 Szeged, Bocskai utca 6. fsz. 2, and 6722 Szeged, Püspök utca 11/b., company registration number: 06-09-010136, tax number: 13574428-2-06, statistical number: 13574428-7311-113-06, account holder financial institution: Pillér Takarékzövetkezet, bank account number: 56900075-10000740-00000000 ) - hereinafter: Service Provider - for all legal relationships established in relation to the service "Advertising service on LCD monitors displayed in the passenger compartment of local public transport buses" - hereinafter: Service -, regulating the rights and obligations of the contracting parties, the creation and termination of the legal relationship, as well as the service and compensation order of performance, and other essential conditions and characteristics of the service.

By submitting their order in any form, our customers are consent to be bound by the provisions of the General Terms and Conditions.

1. CONCLUSION OF THE CONTRACT

1.1 The Service Provider makes an offer to the Customer in writing - including electronic communication - before the conclusion of the contract. The offer is valid for 30 days with the conditions included in it.

1.2 The contract for the service is established by e-mail or post delivered to the Service Provider and containing at least the name and data of the Customer and the fact of ordering the service.

1.3 The incompleteness of filling out and signing the order form is not an obstacle to the conclusion of the contract - thus the validity of T&C - in accordance with 1.2. as contained in point. By sending the order form to the Service Provider, the Customer clearly expresses its intention to enter into a contract.

2. SUBJECT OF THE SERVICE

The subject of the service is the publication of visual advertising spots in order to increase the visibility and business reputation of the Customer and its products and/or services - at the Customer's choice - for local public transport in the administrative areas of the municipalities of Szeged, Kecskemét, Békéscsaba, Nyíregyháza, Debrecen, Miskolc, Székesfehérvár and Tatabánya on the advertising surface of 19" LCD monitors owned by the Service Provider placed in the passenger compartment of buses, with the time interval and frequency parameters specified in the offer and in the order form.

Outdoor surfaces: They include billboard (Billboard, BB, Megaboard) and Citylight (CL) surfaces and the external surfaces of public transport.

Billboard: (by default) 504×238 cm size (or larger surface area), advertising surfaces placed in open spaces, in well-frequented, precisely identifiable locations (e.g. main roads, next to shopping centers).

Citylight: 118.5 x 175 cm, advertising surfaces placed in well-frequented, precisely identifiable locations (public transport stops, streets, squares, shopping centers).

3. PERFORMANCE OF THE SERVICE

3.1 The Customer acknowledges that its advertising may neither directly nor indirectly have a political content, nor may it directly or indirectly popularize passenger transport and/or vehicle repair or related activities.

3.2 The Customer undertakes to provide the Service Provider with the data, information and graphic files required for the graphic design of the advertisement at the same time as ordering the service, but no later than 10 days before the start of broadcasting. If the graphic design work is carried out by the Customer himself or by a third party, the deadline for submitting the data file to be broadcast is no later than the 5th day before the start of the broadcast.

3.3 If the Customer does not comply with the provisions of point 3.2 by the latest start date of the broadcast, then the Service Provider is entitled to 30% of the service fee calculated at the list price for the entire ordered service, not reduced by individual or other discounts, as a failure penalty.

3.4. If the Customer fails to indicate the latest start date of broadcasting in his order, and

a) if the time interval of the broadcasting does not exceed the amount corresponding to 3 months of continuous broadcasting, the Customer must fulfill his service request within 6 months after the date of submission of the order, in such a way that the broadcasting informs the Service Provider of its planned start date at least 14 days before this date. If the Customer fails to communicate and does not terminate the service in accordance with the rules, the Service Provider is entitled to 30% of the service fee calculated at the list price for the entire service ordered, not reduced by individual or other discounts, 6 months after the date of submission of the order.

b) if the time interval of the broadcast reaches or exceeds the amount corresponding to 3 months of continuous broadcasting, the Customer is obliged to exercise his service request within 1 year after the date of submission of the order, in such a way that he communicates the planned start time of the broadcast to the Service Provider at least 14 days before this date . If the Customer fails to communicate and does not terminate the service in accordance with the rules, the Service Provider is entitled to 30% of the service fee calculated at the list price for the entire ordered service, not reduced by individual or other discounts, 1 year after the date of submission of the order.

3.5 The condition of publishing the advertisement is that the advertisement is approved both by the Service Provider and the Customer. Approval by the Customer can be done by telephone, e-mail, by post.

3.6 At the same time as placing the order, the customer declares that he has previously familiarized himself with the technical specifications of the equipment used as an advertising surface, and that he accepts the quality of service provided by these parameters.

3.7 The Customer takes note that by approving the advertisement, it assumes responsibility for the fact that the advertisement does not conflict with good morals, advertising ethics standards, and applicable legislation, and does not violate the rights of third parties, and that the advertisement contains appropriate and real information. The Service Provider excludes all liability for advertising approved by the Customer - both towards the Customer and third parties. The customer also acknowledges that the Service Provider is not responsible for the quality and suitability of the advertising spots prepared by him or by a third party.

3.8 The Customer takes note that the operator may take the vehicles out of circulation no more than 2 times a month, for a maximum of 24 hours each time, for general servicing, in such a way that the withdrawal of the vehicles from circulation can apply to no more than 10% of the entire vehicle fleet at the same time.

3.9 The service provider undertakes to carry out the broadcasting of advertisements for the entire fleet of vehicles in an average driving time interval of 8 hours per day.

3.10 The service provider undertakes to make up for broadcast breaks due to technical or other reasons within 10 working days with broadcast time of the same value. The Customer takes note that, in the event of the occurrence of the provisions of this point, it has no legal basis to assert an additional compensation claim against the Service Provider.

3.11 The customer acknowledges that the Service Provider does not assume responsibility for the effectiveness of the advertisement, so it does not make any guarantees especially for buyers who make a purchase as a result of the publication or for customers who use the service. The number of new customers or clients does not affect the performance of the service.

3.12 The Service Provider reserves the right to use a fulfillment assistant (subcontractor) to perform the service, including especially graphic design and technical IT tasks.

3.13 The Customer takes note that he is obliged to notify the Service Provider immediately upon noticing any objections to the performance of the service, but he is entitled to do so within a maximum of 5 calendar days after the start of the broadcast. The Service Provider only investigates customer objections communicated within the deadline, in writing - including by e-mail.

3.14 The customer agrees to use his name and recordings of the broadcast as a reference for the Service Provider.

4. SERVICE FEE

4.1 The Customer is obliged to pay a fee for the service. The amount of the fee is determined based on the sum of the fees included in the previously delivered offer and the fee for special services incurred in the meantime (e.g. modification of a graphic plan ordered against the payment of a separate fee). The Service Provider is entitled to increase the fee with the sales tax according to the applicable laws.

4.2 The accounting completion time of the service is the day of the beginning of the broadcast according to the contract (customer).

4.3 Payment of the fee is due against the invoice issued and sent for the service, with a deadline of 8 days after the issue, by bank transfer to the bank account number 56900075-10000740-00000000 held by the Service Provider at the Pillér Takarékszövetkezet.

4.4 In case of late payment, the Service Provider will charge late payment interest at the legal (Ptk.) rate starting from the day following the payment deadline.

4.5 The Service Provider is entitled to use a claims management service provider (e.g. a law firm) beyond 30 days from the date of payment delay. The customer takes note that in case of late payment, all contractual fees incurred by the claims management service provider for the collection of the claim will be borne by him.

5. RIGHT OF WITHDRAWAL

5.1 Either party is entitled to withdraw from the contract without legal consequences, no later than the 14th day before the planned start time of the broadcast, by means of a written communication - including electronic mail. It is the responsibility of the resisting party to prove that the communication was received by the other party in time.

5.2 The Service Provider is obliged to refund to the Customer any service fee paid as a fee advance in the event of cancellation after the deadline specified in point 5.1, but before the start of broadcasting.

5.3 In case of cancellation of the broadcast after the start of the broadcast, the Service Provider is obliged to reimburse the Customer for the proportionate part of the fee already paid.

5.4 If the Customer cancels after the deadline specified in point 5.1, the Service Provider is entitled to 30% of the service fee calculated at the so-called list price, not reduced by individual or other discounts, under the legal title of the Service Provider's failure penalty.

6. Method of Communication

The Service Provider maintains contact with the Customer through the following contacts available during working hours:

Postal address: Püspök street 11., 6722 Szeged

E-mail address: hamar.zoltan@mediamotion.hu

Phone number: +36 30 205 30 99;

7. OTHER PROVISIONS

7.1 During the performance of the contract, the parties are obliged to an enhanced cooperation.

7.2 All non-public facts, data, and information of business nature that become known about the other party during the performance of the contract are considered business secrets.

7.3 Any questions not regulate by this T&C shall be governed by the Civil Code and the provisions of the relevant additional laws.

7.4 The contracting parties stipulate the jurisdiction of the court at the Service Provider's registered office in case of any legal disputes.

7.5 This T&C will remain in effect from January 1, 2013 until withdrawn or until the amendments take effect. The Service Provider publishes the amendment of the provisions of this T&C at least 15 days before the change comes into effect, with a notice on its website accessible under the domain www.mediamotion.hu. The Service Provider ensures that the Customer is made aware of these General Terms and Conditions in such a way that the current and complete text of the General Terms and Conditions is published under the General Terms and Conditions menu item on the website, and the Service Provider indicates the availability of the General Terms and Conditions in its contracts.

 

Szeged, January 1, 2013

Zoltán Hamar

manager