General Terms of Bussiness Activities and the Lease of Advertising Space

GENERAL TERMS OF BUSINESS ACTIVITIES AND THE LEASE OF ADVERTISING SPACE FOR THE YEAR 2011

General terms of business activities are valid for all contracts and agreements on advertising campaigns and advertising space lease of the company Fini oglasi d.o.o. (in further text referred to as the “executive party”) and special activities which are to be implemented on the basis of agreements (distribution, etc.) Upon order the ordering party agrees to be familiar with the general terms of business activities. In case the ordering party acts as an agent between the advertiser and a medium, the ordering client is obliged to present the advertiser with general terms of business activities. Different terms of business activities are implemented only in case they are declared in an annual contract.

General terms of business activities can be changed only upon a written agreement set between the ordering party and the executive party.     
      
An advertising campaign can be initiated on the 1st or 16th day of the month, while the campaign itself can last for 15 days, 30 days, 45 days or more (in this proportion) so that its termination is due on the 1st or 16th day of the month. Due to geographical diversity and different locations of advertising spots, the placing of adverts is carried out in a 3-day period. The placing begins a day before the campaign launch and ends a day after the campaign launch, e.g. on the 15th, 16th, or 17th day of the month. If the placing should prolong due to exceptional circumstances the advertiser is charged only with the actual number of campaign days spent on individual advertising spots.

An advertising campaign can be initiated on the 1st or 16th day of the month, while the campaign itself can last for 15 days, 30 days, 45 days or more (in this proportion) so that its termination is due on the 1st or 16th day of the month. Due to geographical diversity and different locations of advertising spots, the placing of adverts is carried out in a 3-day period. The placing begins a day before the campaign launch and ends a day after the campaign launch, e.g. on the 15th, 16th, or 17th day of the month. If the placing should prolong due to exceptional circumstances the advertiser is charged only with the actual number of campaign days spent on individual advertising spots.ž

In special circumstances and upon previous agreement it is possible to postpone the launch date of advertising campaign, but the costs for placement of ads will be calculated separately according to the valid price list of the executive party.
During the campaign the executive party is obliged to provide regular maintenance of the posters and repairing services available within 24 hours in the area of Ljubljana and its vicinity, and within 48 hours in other parts of Slovenia.

When planning locations for individual campaigns the ordering party can have the right to chose microlocations, but the selection of locations is usually prepared by the executive party and is made according to the requests posed by the ordering party; these requests are made with respect to geographical coverage, target audience group, etc. Placing of posters is carried out on the basis of a location plan which has been verified by the ordering party. When placing the posters, the executive party has a right to change locations in 7% of cases, which can occur due to reconstruction works or closing of the facilities, holiday absence, or other reasons which do not allow the placement of posters.

Submission of materials by the ordering party to the executive party:

ADVERTISEMENTS PLACED IN TOILETS:

- 4 days before the campaign launch in case the ordering party submits printed posters
- 6 days before the campaign launch in case the ordering party submits materials prepared for print on CDs or a film prepared for print

ADVERTISEMENTS PLACED IN FITNESS CENTRES:

- 4 days before the campaign launch in case the ordering party submits printed posters
- 8 days before the campaign launch in case the ordering party submits materials prepared for print on CDs or film prepared for print

FLYER DISTRIBUTION:

- 4 days before the campaign launch in case the ordering party submits printed flyers or brochures
- upon agreement, with regard to complexity of the printed material and in case the ordering party submits materials prepared for print.

MIRROR STICKERS:

- 8 days before the campaign launch in case the ordering party submits printed stickers
- 16 days before the campaign launch, depending upon the complexity of design and in case the ordering party submits materials prepared for print

T-SHIRT ADVERTISEMENTS

- 8 days before the campaign launch in case the ordering party submits ready-made T-shirts
- 16 days before the campaign launch, in case T-shirt print services are provided by the executive party

ADVERTISEMENTS IN SOLARIUM CENTRES:

- 4 days before the campaign launch in case the ordering party hands in printed posters
- 8 days before the campaign launch in case the ordering party hands in materials prepared for print on CDs or a film prepared for print

LCD ADVERTISEMENTS IN PHARMACY SHOPS

- 8 days before the campaign launch (video spot or telop)

In case the printing services are provided by the executive party, the executive party acts only as an agent between the ordering party and a certified printer. The executive party assumes no responsibilities from the binding relationship between the ordering party and the certified printer. The prices of printing services are part of the valid price list issued by the executive party.

The adverts shall be published on the grounds of a contract made with a suitable specification list, or a written order. Orders sent via email are valid only together with the written order sent by the ordering party. The ordering party is obliged to state all information demanded by law.
The orders for advertising campaign launched on mirrors, T-shirts, or aprons and campaigns from additional offer are to be presented at least 1 month in advance, before the advertising campaign launch.

An advertising campaign can be cancelled with an explanation presented in a written form and at least 31 days before the advertising campaign launch is due. In other case the ordering party is obliged to pay a lump sum for the ordered campaign (countermanding expenses) in the following amounts:
- in case of cancellation within 30 days before the campaign launch – 35% of the lease price
- in case of cancellation within 14 days before the campaign launch – 55% of the lease price
- in case of cancellation within 7 days before the campaign launch – 75% of the lease price

Countermanding expenses are calculated upon a written cancellation of the ordered campaign and can be restored in a bonus form, provided that the campaign in question is realised within the same scope in the period of 4 months.

The bill issued for every campaign must be paid within 30 days from the campaign launch day, except when it is otherwise stated in an annual contract. The executive party has the right to demand an insurance of payment or payment in advance. The ordering party has the right to file a complaint within 8 days from the day of receiving the bill. In other case, the executive party will regard the ordering party to have accepted the amount and will not be obliged to regard any complaints which might be filed in later.
 
In case the ordering party does not settle the full bill amount in due time, the executive party is in title to claim legally valid interests on late payment.
   
Complaints regarding individual advertising spots can be taken into consideration if the grounds for complaint about an individual location are explained in details, documented  and submitted in a written form within 8 days from the campaign launch day. Complaints submitted later than that will be disregarded.
 
Complaints are to be considered in the following cases:
- in case the campaign launch delay is presented with evidence and documented
- in case the damage of an advertisement is presented with evidence and documented, provided that the damage was not repaired within 24(48) hrs after it has been discovered or after the information about this damage has been presented to the executive party

The complaints described above are to be regarded only in respective cases; evidence on individual adverts cannot serve as grounds for a complaint made about the whole advertising campaign and cannot be the reason for which the ordering party would refuse to pay the ordered advertising services.

In case the ordering party has firm grounds for a complaint, the complaint is taken into consideration when calculating the campaign expenses.

After the advertising campaign terminates, all used posters and other materials, including spare posters, become property of the executive party, except in cases when other arrangements have been made and stated in the contract.

Photographic documentation can be requested only on exclusive previous order submitted in a written form upon the order of the campaign.
 
In no case is the ordering party in title to request the competitive companies to be eliminated from the advertising activities or ask for the competition to be denied the right to lease advertising spots which are in the domain of the executive party.

General terms of business activities are binding for both parties of this contract. Disputes between the two parties should be resolved upon agreement reached by the two parties. Venue for any legal actions regarding this terms of business activities shall be in the district of the respecting legal court.
 
These general terms of business activities are valid until the day the executive party implements new terms of business activities.
   

FINI OGLASI d.o.o.
Ljubljana, 1.1.2011