GENERAL CONTRACT TERMS AND CONDITIONS
RETAIL• SDA• MDA • IT • TCG • MARKET
I. APPLICATION
- Mamuri Hungary Kft. (headquarters: 1117 Budapest, Karinthy frigyes út 17., hereinafter referred to as “Publisher”) accepts orders (by letter, fax, e-mail, order form or in person) for advertising and other advertising activities in any form in its printed and electronic publications and confirms them in writing. When placing an order for advertising, the Customer must state the name of his/her company, its registered office or permanent establishment, bank account number and tax number.
II. DOWNLOAD
- Orders may be placed up to the deadline for delivery of materials, subject to availability of space. Delivery deadlines differ for printed and non-printed materials. The Publisher will inform the Customer in writing of the delivery deadlines prior to placing the order.
- In the case of publications requiring special technical solutions, the delivery deadline is different from the one for traditional materials, and therefore the Client and the Publisher will agree on this separately in each case.
- In the case of continuous publication, if the Customer does not expressly indicate by the deadline that he wishes to change his advertisement, the advertisement published at the time of the last publication will be published automatically.
- The Publisher shall inform the Customer in writing of the technical conditions of the delivery of the material.
- The Publisher does not guarantee publication if the advertising material ordered is submitted after the deadline. If the Publisher is unable to publish the advertisement due to a delay in delivery, the Publisher will be liable to pay a penalty equal to the advertising fee.
- In the case of publication in several issues of the “Advertising package”, the Customer has the option to change the timing of the advertisement and to publish it in another issue of the newspaper in the place of the issue specified in the order. In the case of special surfaces, the Publisher will only do so if the surface in question has not already been sold to another party. If the Customer fails to deliver the advertising material by the deadline for delivery of the last publication before the order expires, the Publisher shall be entitled to a penalty equal to the total advertising fee.
- The Publisher shall only be liable for damages resulting from any changes made after the advertisements have been placed if the Publisher has agreed to the change and confirmed its enforceability in writing. In any case, the additional costs resulting from changes made after the advertisement has been placed shall be borne by the Customer.
- The Customer shall be liable for any defects or quality problems resulting from the poor quality or absence of original materials (illustrations, graphics, logos, audio and video recordings) submitted by the Customer. Minor variations in colour and tone may occur in the printing process, even if the originals are correct, but these shall not constitute a defect.
- The Publisher shall be entitled to make corrections to the received manuscripts in accordance with the rules of Hungarian spelling, but any changes to the text resulting from possible interpretation shall be made only in agreement with the Customer. The Publisher shall publish the ready-to-print material submitted by the Customer without any changes. No claims for “non-detection” may be made against the Publisher.
- The Publisher will send an imprint only at the express request of the Customer, which will be considered accepted only if it is signed and dated and returned by the Customer by the deadline specified.
- In the case of colour advertisements submitted in electronic form, the Publisher will only accept complaints about colour discrepancies if the Advertiser has supplied a print or other colour sample with the advertisement when submitting the material.
- The Publisher is not obliged to keep the materials submitted by the Customer.
III. PUBLICATION OF ADVERTISEMENTS
- The Publisher reserves the right not to publish any advertisements of concern that violate or circumvent the legal provisions in force. In such a case, the Customer may withdraw from the publication of the advertisement ordered and confirmed without any obligation to pay damages or penalties or any other consideration in excess of the fee paid. The Publisher shall not publish the advertisement with such content even if the Customer has already paid the fee for it with proof of payment.
- The Publisher reserves the right to change the publication date of the publications several times, or even to cancel them. The Publisher will inform the Customer accordingly. The Publisher shall not be liable for any damage resulting from changes or cancellations of publication dates.
- The Publisher will only send an imprint at the express request of the Customer and will charge a fee for this.
- In the case of non-printed advertisements, the Publisher may charge a fee for the production of the advertisement.
IV. CANCELLATION
- Cancellation penalty: 10% of the order amount 20 working days before publication, in case of cancellation 19 – 6 working days before publication 70% of the order amount shall be paid by the Customer as cancellation penalty. If cancellation is made within 5 working days, the Customer shall pay 100% of the order amount as a cancellation penalty. In the case of orders already confirmed in writing, the Publisher will only accept cancellations in writing.
V. LIABILITY
- By signing the order or, in the absence thereof, by submitting the advertisement, the Customer declares that the data and the content of the material provided by him/her are true and correct and do not infringe the rights of third natural or legal persons, companies without legal personality or other organisations (in particular copyright, personal rights), do not conflict with the provisions of other applicable legislation or the NMHH’s regulations, guidelines and resolutions. Furthermore, the Customer acknowledges that the Customer is solely and exclusively responsible for the truth, content, facts, visual and acoustic presentation of the information provided, the accuracy of the information provided in the advertisement and any infringement of the rights of third parties listed above by the advertisement.
- The Customer hereby irrevocably assumes all fines, damages and costs arising from the joint and several liability of the Publisher or its employees, the publisher of the advertisement, under the Act on Commercial Advertising, which may be claimed against the Publisher or its employees by the competent authorities or third parties for any breach of the said Act and this Agreement by the Customer. On the basis of the aforementioned assumption of liability and debts, the Customer shall be obliged to take direct action against the authorities or the entitled party on behalf of the Publisher or its employees, and to pay the aforementioned fines, damages and costs to the authorities or the entitled party when due.
- The Publisher shall not be liable for any damage caused by errors in the advertisements, nor shall the Publisher be liable for any damage caused by the non-publication of an advertisement. The Publisher cannot be held liable for “loss of profit”.
- Any complaint must be made in writing within 8 working days of the publication of the advertisement.
VI. INVOICING
- Within the framework of the agreement, the Publisher shall send to the Customer an invoice for the value of the advertisements in accordance with the agreement, accompanied by the publication containing the advertisement published (8 copies). This form of proof of performance shall be deemed to be mutually accepted by the Contracting Parties.
- Unless the terms of payment are specifically provided for in the Order, the deadline for payment by bank transfer is 15 calendar days. If the Customer fails to comply with the payment deadline, the Publisher will suspend further advertisements, even if they have been confirmed, or unilaterally withdraw the discounts granted. In the event of late payment, the Publisher shall be entitled to charge twice the base rate of the prevailing central bank.
VII. CONCLUDING PROVISIONS
- This document “General Terms and Conditions” forms an integral part of all agreements, orders, contracts, contracts of engagement, which define the business relationship between the two parties and which are deemed to be accepted by signing the order form or by submitting the advertising material.
- In case of any disputes – in addition to the individual contracts and agreements – the General Advertising Terms and Conditions, as well as the Civil Code and the Act on Commercial Advertising shall prevail.