GENERAL TERMS AND CONDITIONS OF SALE AND ISSUE OF ADVERTISING MESSAGES in force at MC MEDIA (hereinafter “MC MEDIA”)
The Advertiser is fully responsible for the rights mentioned in point 1 and shall be obliged to satisfy all the claims made by any person due to the infringement of their copyright, related rights, personal rights or other protected goods as a result of the broadcast of the Transfer and to release MC MEDIA and/or broadcasters from any responsibility in this respect. Advertiser shall also be responsible for compensating MC MEDIA and/or broadcasters for all the damages and costs incurred in this respect.
The Advertiser grants MC MEDIA a license to use the Materials to the extent necessary for their broadcast on television stations represented by MC MEDIA, with the right to grant MC MEDIA a further license in the same scope to the broadcasters of these stations.
The Advertiser is fully responsible for the content and form of Advertising Messages transferred for broadcast.
Advertising messages may not violate the law, rules of social coexistence, generally accepted moral norms and good manners. Advertising messages must not contain political, ideological or religious content or content of a pornographic nature.
Advertising messages must not contain advertisements for products, the advertising of which is prohibited by law, contain prohibited elements, harming the good name or violating the personal interests of the recipients or third parties, as well as misleading the recipients of the messages.
The Advertiser shall be obliged to hold appropriate certificates of admissibility of the advertised products for marketing in Poland. MC MEDIA may require the Advertiser to attach such a certificate to broadcast materials.
The Advertiser shall be solely and fully responsible for any complaints or claims made by any institutions, viewers, clients or other third parties in connection with the content or form of the Program. In the event such claims are raised against MC MEDIA and/or broadcasters, the Advertiser shall be responsible for settling them on his/her own and shall indemnify MC MEDIA and/or broadcasters from any liability on this account. The Advertiser shall also be responsible for covering all the damages and costs incurred by MC MEDIA and/or broadcasters as a result of this, including covering any potential penalties imposed on MC MEDIA and/or broadcasters by the appropriate institutions as a result of the infringement of applicable laws by the Advertising Communication.
In the case of Messages in the form of telesales spots/blocks, the Advertiser shall be solely responsible towards the recipients of these Messages for any complaints, claims and claims concerning the quality, physical and legal flaws, non-compliance of the products offered and sold in the form of telesales, their price and sales service. The provisions of point 8 above shall apply accordingly.
If any complaints or claims are made against MC MEDIA and/or broadcasters in relation to the Messages specified in this Chapter, MC MEDIA shall have the right to immediately cease further broadcasting of the Messages until the reservations are clarified and the Advertiser shall not be entitled to any compensation claims on this account.
IV. Delivery and acceptance of emission materials
The Advertiser shall deliver emission materials containing Advertising Transmissions to MC MEDIA in electronic form in the formats compliant with the technical conditions required by MC MEDIA and place them on the agreed server.
The emission materials must be delivered to MC MEDIA at least 3 working days before the planned emission. If the materials are not delivered within this deadline, the emission of the Transmissions will not take place and the Advertiser will be charged full payment for the ordered and unused advertising time in accordance with the terms and conditions of emission order.
The Advertiser is obliged to immediately inform MC MEDIA about any anticipated delay in the delivery of emission materials.
The supplied materials are subject to MC MEDIA control and approval as far as their technical, content and legal aspects are concerned.
MC MEDIA shall refuse to accept the broadcast material in any case when it is found that the Advertising Transfer is contrary to the law or other conditions specified in Chapter II of these General Terms and Conditions. MC MEDIA shall immediately notify the Advertiser of the refusal to accept the Advertisement Material and shall call on the Advertiser to correct and introduce necessary changes to the Advertisement Material within a specified period of time, if possible taking into account the nature of the defect in the Material.
If it is found that the emission material is not compliant with the technical conditions, MC MEDIA shall, if possible, correct the material and remove the discrepancies on its own, and shall charge the Advertiser with the related costs. If a technical defect of the emission material cannot be removed by MC MEDIA, the material shall be immediately returned to the Advertiser in order to be corrected or to deliver a different material, free from defects.
If the submitted commercial material has a duration longer than the time specified in the conditions of order and the Advertiser does not deliver the corrected material before the established date of broadcast, MC MEDIA, with the consent of the television station, if it is possible due to the established timetable, may broadcast a longer transmission, charging the Advertiser with an additional fee for the use of this longer commercial time. In other cases, the provisions of Item 8 below shall apply.
In each case of refusal to accept the emission material or returning it for correction or introduction of changes, if the Advertiser does not deliver a substitute material approved and accepted by MC MEDIA before the date of emission, emission of the Transmissions shall not take place and the Advertiser shall be charged full payment for the ordered and unused advertising time in accordance with the terms and conditions of the emission order.
Approval and acceptance by MC MEDIA of the emission material containing an Advertising Message shall in no way release the Advertiser from sole responsibility for the form, content and vesting of necessary rights to the Message as described in Chapter II of these General Terms and Conditions.
V. Payment terms
The amount of the fee due to MC MEDIA for making advertising time available for emission of Advertiser’s Advertising Messages shall be specified each time in the emission order.
The fee payable to MC MEDIA shall be increased by VAT at the rate specified in the current legal regulations.
The Advertiser shall be obliged to pay 100% of the fee in advance, on the basis of a pro-forma invoice issued by MC MEDIA, by transfer to the bank account indicated on the invoice, within the deadline specified on the pro-forma invoice, no later, however, than 3 working days before the first planned emission of the Transfer.
MC MEDIA may request confirmation of the transfer by e-mail.
If MC MEDIA does not receive the payment within the period specified in point 3, the emission order shall be cancelled and MC MEDIA shall have the right to freely dispose of the advertising time for which the order was not paid, unless the Parties agree otherwise.
VI. Cancellation of an order by an Advertiser
Resignation from the entire order or from the emission of particular Messages by an Advertiser entails the obligation to pay the amount of:
10% of the total fee resulting from the order – for resignations made in the period from the date of signing the order until 10 working days before the first emission of the Transfer,
50% of the total fee resulting from the order – for resignations made in the period from 9 to 5 working days before the date of the first issue of the Transfer
100% of the total fee resulting from the order – in the case of a resignation made later than 5 working days before the date of the first issue of the Transfer.
The resignation from the whole or part of the order shall be made in the form of a written statement submitted to MC MEDIA.
VII. Complaints
The Advertiser shall have the right to make a complaint in the case of failure to broadcast an advertising transmission in accordance with the conditions specified in the order or if the emission was made erroneously, with technical faults in vision or sound or otherwise, incorrectly, due to the reasons attributable to MC MEDIA or the television stations represented by MC MEDIA.
The complaint must be made in writing and submitted no later than 30 days from the date of erroneous emission of the Broadcast or the date on which the Broadcast was to be aired in accordance with the terms of the order.
MC MEDIA shall be obliged to consider the complaint and respond to it in writing within 14 days from the date of its receipt.
If the complaint is considered justified, MC MEDIA shall, in agreement with the television station concerned by the order, set a new date for broadcasting the transmission or the date for re-broadcasting the transmission (if the previous broadcast was carried out incorrectly or with defects), within the same time period as originally set out in the broadcast order.
If, for reasons attributable to the television stations, it is not possible to set a new date and rebroadcast the Transmission, the Advertiser shall be entitled to a refund of a part of the fee paid, proportionally to the part of the order which was not performed or which was duly performed.
In the event of an unfounded complaint, all technical costs connected with the analysis of the reservations presented shall be borne by the Advertiser.
Emission of the Advertisement Up to twenty minutes earlier or later than the hour specified in the order shall be considered as performed in accordance with the order and cannot be the basis for a complaint. MC MEDIA reserves the right to change the broadcasting time of the commercial block which follows non-formatted programs (e.g. broadcasts or feature films).
MC MEDIA shall not be responsible for the non-execution or improper execution of the broadcast order if it was caused by force majeure, in particular, such as floods, fires, other natural disasters, strikes, lockouts, government decisions, failures and other events beyond MC MEDIA’s control.
In the event that the order cannot be completed due to the loss of license or other permission by the television station to which the order pertained, resulting in the suspension of broadcasting activities, suspension of television broadcasting and/or distribution of the program in a specific territory, or the loss of the right to represent the television station by MC MEDIA, the emission order shall be cancelled and the Advertiser shall be entitled to a return of a part of the paid fee in proportion to the unexecuted part of the order. Moreover, the Advertiser shall not be entitled to any claims for damages on this account.
VIII. Final provisions
All the issues not regulated in these General Terms and Conditions or in a separate agreement, if such is concluded between MC MEDIA and the Advertiser, shall be governed by the relevant provisions of the Polish law, in particular the Civil Code.
If any provision of these General Conditions proves to be contrary to the regulations of the Polish law, such provision shall be immediately replaced with a new one, corresponding to the regulations.
Any possible disputes arising from these General Terms and Conditions shall be solved by the common court of law proper for the registered office of MC MEDIA.