6.Prohibition of advertising

It is prohibited to make advertisements
• whose contents are punishable or illegal
• that violate rights of third persons (specially copyright and similar rights, right to use trademarks, patent rights, utilization right or right of industrial design) or other rights of third persons,
• that carry a sign of unconstitutional organizations,
• that have a pornographic character or a character damaging young people
• whose contents are contrary to good practices.

The Contractor reserves the right to terminate the advertising that violates these general terms and conditions or the valid law immediately, without stating reasons therefore and without a previous notice.

7.Prohibition of advertising

It is prohibited to make advertisements
• whose contents are punishable or illegal
• that violate rights of third persons (specially copyright and similar rights, right to use trademarks, patent rights, utilization right or right of industrial design) or other rights of third persons,
• that carry a sign of unconstitutional organizations,
• that have a pornographic character or a character damaging young people
• whose contents are contrary to good practices.

The Contractor reserves the right to terminate the advertising that violates these general terms and conditions or the valid law immediately, without stating reasons therefore and without a previous notice.

8. Advertising of copyrighted contents

Originals or multiplied samples of work protected by copyrights or similar rights (such as: music, films, photographs, literature, geographical maps, pictures, graphics, computer programs, databases etc.) can be advertised only with an approval of the holder of the subject right. Otherwise, the Ordering party guarantees that the person having a right to distribute the copyrighted item has given its consent to the advertising. The Ordering party is obligated to provide a written proof that it obtained such consent if the Contractor makes such request.
The Contractor is entitled to put its company name on the Moving Board.

9. Exclusion of competition

The orders of advertising agencies and agents are accepted only if they refer to the named firms interested in advertising themselves, and if they get a corresponding order that can be proved.
The exclusion of the competition is not guaranteed.

10. The guarantee

Regardless of legal basis of the guarantee, the Contractor guarantees only for the damages or futile expenses of the Ordering party resulting from the breach of contractual obligations that is usually predictable. This restriction does not apply to damages caused intentionally or by gross negligence, damages arising from life, body or health-threatening situations, and damages for which the guarantee is prescribed by the Law on the responsibility for the product, as in the case of taking over a guarantee.
If the execution of an order at the agreed time proves to be impossible for any reasons falling within the competence of the Ordering party, the Ordering party is bound to cancel the order at least 24 hours before the agreed beginning of advertising.
If the Contractor has already engaged people and equipment required for the subject order, or has applied for a permit and engaged the logistics, and the order is not executed, the Contractor shall be compensated for the cancellation of the deal as follows:
• More than 10 days (10th day is not included) 50%
• Less than 10 days (10th day is included) 100%

Furthermore, the Ordering party is obligated to release the Contractor from all claims of a third company arising from the order. If the circumstances prevent, slow down or render the execution of the order more difficult without its fault, the Contractor has a right to postpone the execution of the order at the place of engagement while such circumstances persist, or execute it afterwards, on another day or completely or partially withdraw from the contract. Force majeure, especially weather conditions, work disruptions, strikes or denied access to the working place, for any reason, traffic disturbances or restrictions, riots or other events which cannot be avoided, and which happen, without their fault, to the Contractor or a third person needed for the execution of the order or authorized under the agreement, including problems for which they are not responsible, release the Contractor from the obligation of execution to the extent and for the period of duration of the consequences thereof. The Contractor is not obligated to pay the compensation or provide the service afterwards.

11. Release

The ordering party releases the Contractor from all claims of third persons arising from the advertised offers or contents, including the advertising texts used by the Ordering party or because of the unlawful offering or putting on the market. The release especially refers to the expenses related to the necessary legal defense. The Ordering party is obligated to put immediately, truthfully and completely at the disposal of the Contractor all information necessary for the verification of those demands and defense, if such demands are made to the latter.

12. The right to compensation

Compensation due to irregular advertising should be claimed during the agreed period. Afterwards it is required to provide proof by suitable means of evidence. We reserve the right not to execute, to interrupt or prematurely cease the advertising (e.g. due to the failure to obtain an official permit) as well as to reduce the size of posters or advertising media because of official demands or for other reasons that the Contractor does not account for. In these cases the Ordering party should be notified immediately thereof.
The guarantee for minor negligence of a contractor of a legal representative and his associate/assistant in performing work is excluded. In case of intent or gross negligence the guarantee is defined according to legal provisions; according to the advertising experts, in case of gross negligence of a lower associate in performing the work the guarantee is limited - except in case of breach of material contractual obligations - to the predictable damages.

13. Payment

If the advance payment is not agreed, the invoiced amounts are to be paid within a period of 30 days after the beginning of advertising, while in business dealings between the advertising agencies, advertising media and the Contractor, the term of payment is 30 days after the end of advertising.
In case of default or postponement of payment the usual bank interests for short-term loans are accrued as well as the possible expenses of collection. If there is reasonable doubt that the Ordering party is insolvent, the Contractor has a right, even during the term of the order, to condition its execution, without regard to the initially agreed purpose of payment, by advanced payment and settlement of the outstanding invoices, and the Ordering party is not entitled to file a claim against the Contractor on such basis. If the financial situation of the Ordering party deteriorates substantially or if its company is wound up, the Contractor has a right to have all its claims become due immediately.
If the Contractor cannot perform or cannot execute the order in time because the posters have not been delivered or have been delivered later than agreed or if it does not execute the order because the Ordering party failed to observe the agreed terms of payment, the Ordering party is not released from its payment obligation on that basis. The expenses saved by the Contractor should be deducted.
The Ordering party renounces the right of retention.
Bills of exchange and cheques are accepted conditionally, only for the purpose of realization of the contract. Possible expenses of discount or other expenses are borne by the Ordering party. The Contractor is not obligated to preserve the right related to the bill of exchange and cheque. In case of default and if the failure to make the payments results in the protesting to the bill of exchange or cheque, the remaining debt, including also the still undue invoices related to the subject or earlier orders shall immediately become due.
In case of suspended payment or over indebtedness of the Ordering party, or if a bankruptcy or settlement proceeding is initiated against it, the Contractor has a right, according to its choice, either to demand the previous rights or to withdraw from the contract according to legal provisions.

14. Prohibition of offsetting

Ordering party is not entitled to offsetting, unless the counter-claims are validly determined and undisputed by the Contractor.

15. Changes

The Contractor reserves a right to change general terms and conditions at any time and without stating the reasons therefore. The Ordering party shall be informed of new general terms and conditions in writing.
New general terms and conditions shall be considered accepted, if the Ordering party does not contest their validity in the course of 14 days following the receipt thereof. The objection should be made in writing. The Contractor shall inform the Ordering party of the possibility and the period for submitting an appeal, as well as the consequences of inactivity of the Ordering party in that respect.

16. Protection of data

The Contractor reserves a right to make copies of pictures and videos used in the advertising media for the purpose of filing them or its own advertisement, and to promote itself using the business relation with the Ordering party. The Contractor has a right to file electronically and distribute all data of the Ordering party regarding the business relationship for the purpose of realizing the contract, but is bound to observe the provisions of the Law on data protection.

17. Competent court/place of fulfillment

The court located in the seat of the Contractor is competent – in business dealings with companies and legal entities of public law – in case after the conclusion of the contract the debtor transfers its temporary or permanent residence to a foreign country or if its residence is unknown upon the submission of an action to the court. Otherwise the legal provisions shall apply.