Legal
General Contractual Conditions for the advertising services of Pagini Aurii - Print and Online
Art.1. These general contractual conditions for the advertising services performed by Pagini Aurii are part of the advertising service contract - advertising order, hereinafter called contract
Art.2. SCOPE OF THE CONTRACT
Scope of the contract. P. A. publishes for the client one or several print advertising articles and/or online content advertisements, Site type products or it purchases options for online content advertising on Pagini Aurii web sites and/or on other domains and/or sub-domains owned by P.A in order to promote and inform on the customer's existence and activity. The content and the characteristics of the print advertising articles and/or online content and/or options are detailed in the contract Annex 1 - General Conditions of the Contract, Annex 2 - Description of advertisement, Annex 3 - Images - graphics and Annex 4 - Use area, which are a part of this agreement.
Art.3. OBLIGATIONS OF THE PROVIDER
3.1. In case of print advertising articles:
- a) To publish the advertising articles requested by the customer according to agreed graphics and distribute the Guides free of charge and until the specified deadline.
- a) To post on Pagini Aurii web sites the content advertisements and banners requested by client, in the graphic form and having the specifications/options mutually agreed with its representative, within 15 working days upon client meeting all conditions mentioned in article 4.1
- b) To maintain active the content advertisements, Site type products, online banners and options in the shape and for the term established in the contract.
- c) To make changes after publishing within 15 working days after signing the addendum that includes the changes that are going to be operated.
Art.4. OBLIGATIONS OF THE CLIENT:
4.1.
- a) To sign the contract and the annexes applicable to the type of the purchased product.
- b) To pay the price mentioned in this contract according to agreed terms specified in contract.
- a) graphics for the print advertising;
- b) To hand over within 30 days after signing the Online contract all data, texts and graphic materials related to the online content advertisement and/or banners,
- c) data, texts and graphic materials requested by Provider in case of Site type products.
4.5. To mention within the payment documents the contract(s) number for identification.
4.6. To notify, after entering the contract, only in writing (by fax, mail or registration department) at provider headquarters about the request to alter the contract and/or the annexes in relation with the images, the text, description of the company, working hours, payment methods and activity field.
4.7. The alteration of the contract and of the annexes will be made by addendum signed by both parties.
4.8. The first alteration of the contract and of the annexes, requested by the client, will be free of charge in case of the online advertising articles. Starting with the second alteration of the contract and/or of the annexes requested by the client, prices for every change will be charged, in accordance to the in force prices of the Provider at the date of request. Exception applies to directly editable content from Site type products, where the Client or its representative may alter the content any time he wants, using access provided by Pagini Aurii.
4.9. If the contract is intermediated by an advertising company, the advertising description and the graphic will be approved by the advertising company.
Art.5. PRICE AND PAYMENT METHODS
The Client may order any print advertising articles and/ or online content products, Site type products or Pagini Aurii banners, presented by the P.A. representative.
5.1. The counter value of Pagini Aurii products will be paid in advance in the Provider's account, in Bucharest, in accordance with the payment terms mentioned in the contract.
5.2. VAT will be paid by the client, in accordance with Romanian Fiscal Code.
5.3. The price will be paid in RON, in one of the Provider's accounts, opened at Bucharest banks mentioned in the contract.
5.4. The payment will be done by one of the following methods: - promissory note, check, cash to Banc Post branches, specifying the contract number, payment order.
5.5. In case the payment term/terms are not specified, these are as follows: the first payment within 7 days after contract signing, the next 3 installments every 30 days.
Art. 6. DURATION OF THE AGREEMENT, RECEPTION AND CONFIRMATION OF PERMANENT DISPLAY
6.1. The contract is concluded on the signing date and it is valid for one year from the publishing date of the Guides in case of the print advertising articles, respectively from the displaying date (appearance date) in case of online advertising.
6.2.
- a) In case of online advertising products the displaying date (appearance date) of the advertisements on P.A. web sites will be notified by P.A. to the client by e-mail, fax or by mail, if the client does not have an e-mail address. If the client does not read the e-mail or the correspondence, advertisement or providing the service is not interrupted.
- b) The client undertakes to confirm the display (appearance) of the advertisements on P.A. sites, by e-mail, fax or mail and if the client does not have an e-mail address, within 3 days from receiving the notice mentioned in article art.6.2.a)
- c) The parties mutually agree that the reception of the display of the ordered advertisements on P.A. web sites is made on the date of confirmation mentioned at art. 6.2.b), and if the client does not confirm the display (appearance) within 3 days after notification mentioned at art. 6.2.a), reception of the display (appearance) of the advertisements on P.A. web sites operates de jure, without any other formalities, on the notice date mentioned in art.6.2.a)
- d) The client states he recognizes the permanent display of the advertisements mentioned in the Annex 1 of the contract, on P.A. web sites, as per art.6.2.c), and in any other case it undertakes to notify P.A. immediately. If it does not notify, confirmation of permanent display operates de jure, without any other formalities, for the entire duration of the agreement.
Art. 7 . TERMINATION OF THE AGREEMENT
Art.7.1. The contract is terminated by reaching the term or by both parties agreement.
Art.7.2. P.A. may unilaterally terminate the agreement de jure, without any court intervention and without any other formalities, in one the following situation:
- a) in case of failure of the payment obligations on the agreed dates. In this case the online content advertisements could be removed from PA web sites;
- b) if the client does not perform in time the obligations mentioned in art. 4.3
- c) if the client does not agree to the alterations requested by Provider in accordance to Art. 9.
Art.7.4. Client may unilaterally terminate the agreement de jure, without any court intervention with a prior notification of 15 days before the displaying of the online and print advertisement products.
Art.8. CONTRACTUAL LIABILITY
8.1. If the client has paid the contractual obligations and P.A has omitted publishing the advertising article(s) in Guide, in case of the print products, or this/these are not similar to the contract's annexes or, in case of the online products, Site type products and/or banners for more than 60 days, or content advertisements and/or banners are displayed with characteristics similar to other types of content advertisements and/or banners than the ones mentioned in this contract or in its annexes, the client may request in writing to be reimbursed the amount of the sum paid for the print products and for the online products to be reimbursed the amount of the sum paid equivalent with the amount, from the contractual period, as long as the advertisements and/or banners were displayed with characteristics similar to other types of content advertisements and/or Pagini Aurii banners than the specified ones. The reimbursed amount may also include penalties of 0.01%/day calculated to the reimbursed amount. The client states that it has no other claims and the parties agree to limit contractual liability for any other causes to the value of the above mentioned delay penalties.
8.2.
- a) If payment of an installment or of the entire due amount is not made on time, P.A. will request the immediate payment of the advertising price, even if the entire amount is not yet due, or it will use the provisions of Article 7.2. a).
- b) For failure to perform payment obligations on time the client undertakes to pay delay penalties of 0.01% per day from the due amount.
- c) For failure to perform on time the obligations mentioned in art. 4.3 the client undertakes to pay delay penalties of 0.01% per day from the contract value.
- a) In case of print advertising articles: PA will decide, according to the paid amount, in case advertising was contracted for more guides, which one will advertise or will apply the provisions of article 7.2 a.
- b) In case of online advertisements articles: If the contract is paid partially PA will reserve the right, according to the paid amount, to decide on the moment from which the online advertising articles are removed from PA site.
8.5. If the contract is terminated as per article 7.4. upon request of the client, P.A. will return the cashed amounts, retaining 25% of the contract value representing expenses related to entering the agreement (wages, fuel, bank fees, mail duties, etc.) as penalties.
Force majeure and fortuitous cases exonerate of liability the party which invokes it, by written notification, within 3 days from occurrence.
Art.9 MISCELLANEOUS
9.1.
- a) P.A. reserves the right to establish, for the print products, until the date of sending the electronic form of the guide to printing, the shape of the guide, the activity domains, the page layout and the place of the advertisement article, according to the pagination rules in force at the editing moment of the guide.
- b) PA has the right to alter the appearance date of the guide with prior written notice to the client,
- c) PA has the right, with prior written notice to the client, to change the Site and to decide order of appearance on the site.
- d) PA has the right, with prior written notice to the client, to change the graphic format and the characters of the contend advertisements, activity domains and any character of the online products.
9.3. The client states that:
- - the advertisements ordered, words or graphics are in compliance with the legal provisions, do not cause any prejudice to third parties and takes full responsibility for their content and shape, indemnifying provider in this respect.
- - the person/persons signing the contract and the annexes has/have the ability and power to sign and stamp this contract.
- - it recognizes and accepts P.A. as producer and/or author of the graphics for print and content advertisements and/or displayed banners, with all legal rights related thereto, including use in the author's interest, except for graphics provided by client.
- - it understands not to use P.A. made graphics in relation with third parties, without P.A. consent.
- - it takes full liability for materials and texts published using the directly editable content from Site type products, indemnifying provider in this respect.
- - it agrees that data and information mentioned in the content advertisements (text and graphics), as well as its identification data, be stored, processed and made public. It agrees to receive commercial information, by any communication means which do not require an operator.
- - it has been informed about the access, intervention, opposition rights and all the other rights about personal data processing of natural persons, mentioned by Law no 677/2001 for the protection of persons concerning the processing of personal data and free circulation of such data and Law no 506/2004 on the processing of personal data and the protection of privacy in the electronic communications sector, they may use through a written signed and dated request at Pagini Aurii headquarters, which is registered with REPDCP under number 1888/2007.
Art.10. LITIGATION
10.1. Any dispute between the parties will be amicably solved, if this is not possible, the parties agree that litigation will be brought to the court where the provider's headquarter is located.
10.2. This contract is completed with the provisions of the Civil Code, Commercial Code, as well as regulation in force at its signing date.
Legal - paginiaurii.ro
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Personal data and content protection
Pagini Aurii is the leader on the classified directory market in Romania, providing business directories with intuitive classification, covering a wide range of products and services. The printed version of Pagini Aurii is completed by an on-line version, available on www.paginiaurii.ro that makes possible the search by the company's activity field, as well as by location.
- Pagini Aurii ensures, according to the law, keeping the confidentiality of the personal data of the user and observances of his right to private life protection as far as personal data are concerned. This obligation does not apply to information provided by users to third parties.
- Personal data processing is made by Pagini Aurii in accordance with the law, in good faith, for legitimate purposes in order to conclude and execute other Pagini Aurii services agreements, meaning providing Pagini Aurii services.
- The client states he/she agrees to his/her personal data processing and he/she knows the rights stated by Law no. 677/2001, especially:
- the access right (to obtain from the data-controller, upon request, and free of charge for one time each a year, the confirmation of the fact that the data concerning him/her are or are not being processed by Pagini Aurii),
- the right to intervene upon the data (to request and obtain alteration, updating, blocking or deletion of his/her personal data, turning them into anonymous data, as well as notice to third parties who received the data about any operation performed over the data, if this notice is not impossible or disproportioned by comparison to the affected legitimate purpose),
- the opposition right (to oppose, at any time, for legitimate and serious reasons due to his/her particular situation, to have the personal data processed, except stated otherwise by law),
- the right to address to the justice to protect any rights stated by Law no. 677/2001 that were violated and request the reparation of the suffered damages.
- Pagini Aurii observes the rights granted by Law no. 677/2001 for the protection of persons concerning the processing of personal
data and free circulation of such data, Government Ordinance no. 130/2000 on customer protection on closure and performance of contracts
at distance, as further amended. The user has the following rights:
- the right to request Pagini Aurii to confirm whether it processes or not your personal data, and free of charge for one time each a year;
- the right to request Pagini Aurii to modify, update, block or delete, free of any charge, provided data that can not be processed based on Law no. 677/2001;
- the right to request Pagini Aurii to stop, free of any charge, processing his/her personal data;
- the right to request Pagini Aurii to stop sending advertising messages.
Any such request will be dated, signed and sent by the person registered in the data base by e-mail or in writing to Pagini Aurii.
If the user requests termination of personal data processing, his/her access to the site will be automatically limited, as it can not work without personal data processing.
- Any attempt to access the personal data of another user or to modify the content of www.paginiaurii.ro section or to affect the
performance of the server it is located on will be considered as a fraud attempt and criminal prosecution will be started against him/her.
- Solving your requests, answering you;
- Market and product analysis and marketing for Pagini Aurii products and services;
Contact you (including by mail, e-mail, fax, text messages, pager or phone) about Pagini Aurii products and services offers or about products and services of carefully selected third parties we believe you might find interesting (except you made a written request not to be contacted in such cases);
Recording your information in order to assign or offer rewards, sales and other benefits, as well as to solve other requests you might have in relation with the benefit programs for customers or other similar programs.
You have the right to access your personal data we hold and to have any wrong information we have on you corrected. If you do not want to have your data posted in any or all Pagini Aurii products, or, if you do not want your data to be used for marketing purposes, or, if there is any problem regarding your personal data that are collected, stored, you would like to discuss about, please contact us on clienti@paginiaurii.ro
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