GTC

General Terms and Conditions e-advertising

(valid as per 01.02.2011 replacing all previous versions.) 

1. Definitions

e-advertising: A profit centre of Allgemeine Plakatgesellschaft AG.

eBoard: Digital landscape-format advertising space in the form of a large LED screen or plasma or LCD screens.

ePanel: Digital portrait-format advertising space in the form of LCD screens.

Spot: A digital advertisement delivered by the Customer, specially produced for the range of APG|SGA products.

2. Form and Conclusion of Agreement

The agreement between the Customer and APG|SGA contains the offer, accepted by the Customer, and the present General Terms and Conditions (GTC). The agreement shall become legally binding when the Customer accepts the offer. Arrangements other than those in the agreement (offer/confirmation of order) shall only be valid if agreed upon by the parties in writing. A single order confirmation will be issued per order per customer.

3. Terms of and Parties to the Agreement

The agreement includes the following information in particular:

- Name of the Customer and his/her representative, if any

- Type of digital advertising space

- Locations

- Number of spots and timeframe for transmission of the spot(s)

- Length of the spot(s)

- Advertising fee/price

The services to be rendered by APG|SGA include transmission of the spot(s) on all eBoards and/or ePanels available on the booked locations.

APG|SGA does not work with partners who split acquired time slots in order to resell them to third parties (broker system).

4. Prices

Prices are based on e-advertising’s rates, plus VAT, effective at the time of conclusion of the contract. Transmissions are billed per second. Where the length of the spot delivered by the Customer exceeds the agreed time, the actual broadcast time shall be paid. If booked time is not used, the Customer will be charged the price of that time.

5. Formats and Delivery

The spots shall be produced and delivered by the Customer, in accordance with production instructions, at his/her own expense and on suitable data media. APG|SGA cannot be held liable for the quality of the spots. The Customer shall comply with the production instructions issued by APG|SGA and shall adjust the spots in terms of size, image frequency etc. to meet the technical requirements for the eBoards and/or ePanels. Any necessary post-processing by APG|SGA (e.g. format conversions) will be charged extra depending on the amount of work required.

The Customer undertakes to deliver the correctly produced spots to APG|SGA at least three working days prior to the first broadcasting date for eBoards and at least five working days prior to such date for ePanels. A broadcast missed owing to late delivery will not be rescheduled: In such a case, the Customer shall also pay for the time that was booked but not used.

APG|SGA accepts no liability for any loss of or damage to the data medium.

6. Right of Use

Without express provision to the contrary upon order placement, APG|SGA shall be entitled, from the date of the first transmission, to use the spots delivered by the Customer for presentations and documentation on its own website.

7. Liability

The transmissions shall take place at the times agreed upon. If, for reasons not attributable to e-advertising, a transmission cannot or can only partly be effected or if a transmission is postponed due to information of greater importance (e.g. police information), any liability of APG|SGA shall be excluded. In such a case, APG|SGA shall be entitled, but not obliged, to reschedule the spot for broadcasting at the moment it considers appropriate. The Customer shall remain obligated to pay for the booked time.

Reasons not attributable to APG|SGA as mentioned above shall include but not be limited to all legal provisions; specifications from any franchiser, lessor or authority; technical failures as well as influence from third parties.

7.2 Disclaimer with regard to the content of the spots

The Customer shall be solely responsible for the content and the design of the spots, notably for their compliance with legal provisions. Any liability of APG|SGA shall be excluded. APG|SGA has, in particular, no obligation to assess the spots for their content and their legal conformity. APG|SGA has the right to refuse transmission of a spot without giving any reason and at its own discretion. Should APG|SGA be held liable for the content or the design of a spot by a third party, then the Customer shall indemnify e-advertising. In this case, APG|SGA shall have the right of recourse against the Customer.

8. Billing and Delay

The Customer will be charged the agreed remuneration after the spot has been broadcast. In the event of assignments lasting several months, a monthly settlement shall take place. The invoice shall be paid within 30 days, without any deduction. However, APG|SGA explicitly reserves the right to request advance payment (e.g. upon order placement or upon delivery of the PostSpots).

In the event of the Customer omitting or delaying to perform any obligation under the agreement, APG|SGA has the right to cancel the contract without further warning after an overdue payment notice has remained unsuccessful and to claim compensation for damages in addition to the amount invoiced. If the overdue notice remains unsuccessful, the Customer shall owe default interest at a rate of 7% on the amount invoiced from the date on which the overdue notice was sent. If an agreement provides for monthly instalments, the total debt shall immediately be due for payment if one instalment is delayed.

9. Cancellation Policies

The Customer may cancel the contract in whole or in part at no charge up to 30 days before the transmission start date. After that, 50% of the agreed remuneration will be charged for cancellations up to 10 days prior to the first transmission. Cancellation by the Customer must be in written form and is not valid until APG|SGA confirms receipt of cancellation in writing. In the event of cancellation less than 10 days prior to the transmission start date, the Customer shall pay for the entire booked time alongside the remuneration agreed upon.

10. Applicable Law and Jurisdiction

These GTC and all legal relations between the Customer and APG|SGA shall be governed by Swiss Law. Should any of the clauses contained in these GTC contradict Swiss Law, the validity of the remaining clauses shall not be affected. The parties agree that the Winterthur courts shall have jurisdiction over any dispute arising from the agreement. The Customer states expressly that it waives the ordinary place of jurisdiction at his/her domicile and accepts the jurisdiction as agreed upon herein. eadvertising, however, reserves the right to additionally start legal action at the court of jurisdiction at the Customer's place of residence or legal business.

Related Document
General Terms and Conditions (22.0 KB)