General Terms and Conditions for Advertising in Media issued, operated, and represented by CZECH NEWS CENTER a.s.

Scope of Application
1. These General Terms and Conditions regulate:
  1. The publication of advertisements (display and classified) and prospectus inserts (i.e., inserted material) in printed periodical and non-periodical titles issued and represented by CZECH NEWS CENTER a.s.
  2. The publication of advertising on internet websites operated and represented by CZECH NEWS CENTER a.s.
  3. The publication of advertising in applications for mobile phones, tablets, and other similar devices operated and represented by CZECH NEWS CENTER a.s. (the provisions regarding advertising on internet websites shall apply mutatis mutandis to this type of advertising).
2. The currently valid price list for the respective type of advertising is an integral part of these General Terms and Conditions (hereinafter referred to as the "Terms and Conditions"). The price list may also include technical specifications, deadlines for cooperation, or other special requirements.
3. Legal relations not regulated by these General Terms and Conditions or a special contract shall be governed by the Civil Code (of the Czech Republic).
4. CZECH NEWS CENTER a.s. (hereinafter referred to as the "Publisher") reserves the right to deviate from the pricing of advertising based on the valid price lists and their appendices in the event that this deviation is caused by a typographical error in the price list or its appendix.
5. Information on the traffic of the servers on which the advertising is published is audited by the independent auditor NetMonitor.
6. The Publisher shall provide the Advertiser with a report from the Publisher's online advertising system containing statistics on the number of impressions for the realized campaigns and the number of clicks on the WWW pages (URL) provided by the Advertiser. The data from this report shall be decisive, unless the Advertiser uses its own system for measuring advertising impressions and clicks. If the Advertiser uses such a system, the decisive system shall be determined by mutual agreement between the Publisher and the Advertiser.
Order
1. The Advertiser orders the publication of an advertisement or prospectus insert via a written order. An order made by fax or e-mail (if it contains an electronic copy of the authorized person's signature) shall also be considered a written order, provided that it is clear who is making it.
2. The order must contain all the essential details necessary for the proper publication of the advertising, namely the Advertiser's business name, registered office, ID number, Tax ID number, bank details, name and signature, and designation of the function of the authorized representative to place the order. In the case of natural persons, the order must contain the name, birth number or date of birth, permanent residence, or correspondence address, bank details, and signature. Furthermore, the following must be specified:
  1. In the case of advertising in printed titles: the title, publication date, type (e.g., display advertisement, classified advertisement, prospectus insert), and possibly other details regarding the execution of the order (e.g., coverage unit, placement, section, box number, color).
  2. In the case of advertising on an internet website: an attached media plan bearing the same number as the order and signed in the same way as the order. The media plan shall state the internet website on which the advertising is ordered for publication, the required section of the page, the position, the dimensions of the advertisement, the required number of impressions, the period during which the advertising is to be published, including the time distribution of the campaign and impressions, the average frequency, the total number of impressions, the price of the individual ordered advertising formats, and possibly the discount and the price after the discount, and the due date of the price. The media plan must also always contain the URL address to which the advertisement will direct.
3. The Advertiser is responsible for the timely delivery of the order and the provision of all materials necessary for the execution of the order. The deadlines for delivery according to the preceding sentence are specified in the price list for advertising in the respective medium.
4. The Publisher is entitled to notify the Advertiser of apparently unsuitable or incorrect materials. The Advertiser is obliged to promptly provide the Publisher with a substitute for the apparently unsuitable or incorrect materials. If the Advertiser delivers the substitute for the apparently unsuitable or incorrect materials with a delay or if the Advertiser insists on the use of the apparently unsuitable or incorrect materials, the Publisher shall have the right to withdraw from the contract and shall also have the right to cancellation fees in accordance with the currently valid price list.
5. The Advertiser is responsible for the correct content of the advertisement and for ensuring that the texts, image, and graphic materials intended for advertisements or prospectus inserts comply with legal regulations. The Advertiser acknowledges that the content of the advertisement must be consistent with the facts. In the event of claims being asserted by a third party, the Advertiser is obliged to assume the liabilities arising from these claims or is obliged to indemnify the Publisher for damages incurred due to the publication of a faulty or legally inadmissible advertisement or prospectus insert.
6. The Publisher shall receive all necessary materials for the publication of an advertisement or prospectus insert in a printed title freely available and is not obliged to store or return these materials to the Advertiser.
7. The Advertiser undertakes to provide the Publisher with materials for advertising on the internet website in electronic form, in a format suitable for deployment without the need for further modifications. The materials must be in GIF, JPEG, PNG, Flash, or HTML formats. For Flash formats, the materials provided by the Advertiser must comply with the specification recommended by the Association for Internet Development (SPIR) (www.spir.cz). Flash-format materials must be adapted to allow the Publisher's advertising system to register the user's click on the advertisement. The Advertiser is also obliged to inform the Publisher of the version of the Flash plugin required for the correct display of the Flash content and to provide an alternative image along with the Flash content, which will be displayed to users who do not have the corresponding Flash plugin in their browser. HTML code materials must be processed by the Advertiser in such a way that they do not affect the display of the www page in which they are inserted, outside the space designated for the respective advertising. The materials must not exceed the data size specified in the price list. If the data size is exceeded, the materials may be used for an additional charge. The additional charge shall be determined by mutual agreement between the parties.
8. f the Advertiser directly deploys online advertising to the position it has ordered, it is obliged to use only advertising whose materials have been approved by the Publisher and which are in accordance with paragraph e) of this Article.
9. The print quality corresponds to the technical standard of the respective title and the print materials supplied by the Advertiser.
10. One Advertiser may order a maximum of 20 classified advertisements at the rate for private classified advertising during one calendar year.
11. For a classified advertisement order, the Advertiser is entitled to only one text change.
12. The Publisher is entitled to request a proof of identity when personally receiving an order.
Conclusion of the Contract
1. The conclusion of the contract is understood as the confirmation of the order by the Publisher (in writing directly on the order or by another usual method). If the order is not confirmed by the Publisher, the publication of the advertisement or prospectus insert shall be considered the conclusion of the contract.
2. The acceptance of an order by a Publisher's employee cannot be considered the conclusion of the contract without further formalities.
3. The Publisher reserves the right in all cases and at any time to refuse the publication of advertising or to withdraw from the contract for an already accepted order after the materials for the publication of the advertisement have been delivered, if, in the Publisher's opinion, the content of the advertising:
  1. is contrary to legal regulations, to the facts, or to the Publisher's principles and interests,
  2. if the font, graphic, or other elements of the advertisement evoke editorial text, or
  3. if the processing or format of the materials does not meet the Publisher's requirements. (If the content of an application includes the complete content of a printed title, the advertising that is part of the printed title is not considered advertising within the application.) The Publisher is entitled to make the publication of the advertisement conditional upon the Advertiser signing a promise of indemnity and/or a declaration of the truthfulness of the content of the advertisement. The Publisher is also entitled to refuse competitive advertising in relation to the Publisher's advertising products (i.e., especially advertising that promotes a person other than the Advertiser or its client for whom the advertising is ordered). The Publisher is also entitled to make the acceptance of such advertising conditional upon a price increase for the advertising by 15 % for each such other person.
4. Prospectus inserts in their final form must be duly and timely delivered to the Publisher for approval in either printed or electronic form. If this obligation is violated, the Publisher is entitled to refuse their insertion, and in this case, the Publisher is entitled to charge a cancellation fee.
5. If there are reasonable doubts about the Advertiser's solvency and if an adequate and timely advance payment is not provided, the Publisher reserves the right to refuse the publication of the advertisement or prospectus insert or to withdraw from the contract.
6. In the event of a refusal to publish advertising or withdrawal from the contract according to points c), d), or e), the Publisher shall notify the Advertiser without undue delay. In such a case, the Publisher shall not be liable for the Advertiser's costs incurred for the thus unrealized advertising or for any damage on the part of the Advertiser or a third party.
7. The refusal to publish advertising according to points c), d), or e) and the refusal to publish advertising due to capacity reasons are considered by both the Publisher and the Advertiser to be a refusal for just cause and in accordance with business customs.
8. In the event of the Advertiser cancelling an order after its acceptance by the Publisher, the Publisher is entitled to charge cancellation fees in accordance with the currently valid price list. The Advertiser's cancellation of the order must in all cases be done in writing in accordance with Article 2, point a) of these Terms and Conditions.
Framework Contract
1. If the Advertiser intends to publish advertisements of a certain financial volume or number during a specific period, they have the option to conclude a framework contract with the Publisher regarding the publication of advertising within a predetermined scope, for a period of a maximum of one year. This contract must be in written form to be valid. The contract must contain a firmly stipulated time period during which the agreed financial volume or number of advertisements will be published. It must also include the resulting discounts, the medium or media used, and in the case of advertising in a printed title, the coverage unit, and possibly other agreements significant for the execution of the framework contract.
2. The Advertiser and the Publisher may agree that advertising that was realized up to one year before the agreed termination of the framework contract will be included in the volume of advertising agreed upon by the framework contract, provided that this advertising was duly and timely paid for. The condition is that the price of this previous advertising must be less than 50 % of the total volume of advertising stipulated by the framework contract. If, as a result of including already realized advertising in the framework contract in accordance with this paragraph, the Advertiser becomes entitled to a discount on the price of this advertising, this discount will be paid either after the termination of the framework contract or before its termination, provided that the volume of advertising anticipated by the framework contract has already been exhausted.
3. An order is always required for the publication of advertisements within the agreed financial volume or number specified in the framework contract.
4. The discounts resulting from the framework contract will only be granted if the advertisements are published within the agreed financial volume or number during the time period specified in the framework contract and if the price is duly and timely paid according to the valid price lists (or at the agreed amount). Otherwise, the right to the agreed discounts expires.
5. The volume of advertising agreed upon by the framework contract can be increased, and this can be done repeatedly.
6. If, during the fixed time period, the advertisements were not published within the agreed financial volume or number for reasons for which the Publisher is not responsible, the Advertiser undertakes to pay the Publisher the difference between the price for the agreed and the actually published scope of the financial volume or number of advertisements. This difference will be reduced by the discounts for the actually published scope of the financial volume or number of advertisements.
Order Execution
1. Unless the publication date of the advertisement or prospectus insert is expressly agreed upon, their publication depends on the Publisher's possibilities.
2. Unless a specific placement or coverage unit for advertising in printed titles, or a specific placement or format for advertising on an internet website, is expressly agreed upon, their publication depends on the Publisher's possibilities.
3. An order for advertisements or prospectus inserts that is to be executed exclusively on a specific date with a specific placement or in a specific coverage unit or a specific format must be communicated to the Publisher in advance so that it can be confirmed by the Advertiser. In the case of inserted material, the Publisher is entitled to shift the insertion to the immediately following issue of the title, even without the Advertiser's consent, due to the relevant title's closing date and/or the production capacity of the printing house performing the insertion. Such a shift of insertion is not considered defective performance and is not subject to complaint.
4. Classified advertisements are published, where possible, in the corresponding section without the need for an express agreement.
5. The Publisher reserves the right to label advertisements as paid advertising. In the case of full-page advertisements, the Publisher reserves the right to include this designation within the advertisement's area. In such a case, the advertisement's designation will not be considered a change in the advertisement's appearance or a defect in performance.
6. If the Advertiser orders an advertisement in a printed title with a size that does not correspond to the mirror dimensions or the page's column division, or on an internet website with a size that does not correspond to the dimensions of the respective format on that internet website, the Publisher will adjust the advertisement in the usual way.
7. If the Advertiser orders an advertisement that is not graphically processed, the Publisher will process this advertisement in the usual way.
8. The Publisher is obliged, for advertisements published under a box number, to collect, forward, or send the received responses with the box number for a period of two weeks after the advertisement's publication. Responses with a box number that arrive after this period may be disposed of by the Publisher. The Publisher handles the received responses with a box number with the care of a proper business partner. The Publisher does not accept responses with a box number that exceed the dimensions of C4 format ($228 \times 325$ mm), as well as books, catalogs, packages, or goods.
9. For small advertisements in printed titles (less than $400 \text{ mm}$ area), the Publisher reserves the right to publish them, if necessary, on a different coverage unit than the one stated on the order.
10. In one advertising position purchased by the Advertiser on an internet website, a maximum of 4 variants of the advertising message may alternate, unless otherwise agreed. Unless otherwise agreed, each advertisement may only direct to 1 target URL.
11. The Publisher is entitled, if the title it issues is converted into electronic form and distributed as such (especially via the internet, applications for mobile phones, tablets, and similar devices, or on electronic information carriers), to include the advertising published in the respective title in this electronic form in accordance with these conditions. Advertising that is part of the printed title is not considered advertising within the application.
12. The Advertiser undertakes to inform the Publisher in writing without undue delay of all facts that may affect its performance. In the event of the Advertiser's delay, all resulting damage shall be borne by the Advertiser.
13. By ordering the advertisement, the Advertiser further grants the Publisher consent to use samples of the advertisement within the promotion of the Publisher's services.
14. In the case of advertising on an internet website, the advertising position may update during a visit without any action by the user towards the advertisement. For renewal to occur, the advertisement in the advertising position must be visible at least 50 % for a cumulative period of at least 15 seconds. This rule is based on the definition of viewable advertising according to IAB standards (the area must be viewed at least 50 % for a minimum of 1 second). The renewal time of the advertising position may vary throughout the calendar year and according to the internet website.
Payment Conditions
1. A discount may be provided to the Advertiser from the price list prices, or a surcharge may be added, by mutual agreement.
2. Unless the parties agree otherwise, the Publisher shall send the Advertiser an invoice without undue delay after the publication of the advertisement or prospectus insert, usually within 7 days of publication. The invoice shall be due within 14 days from the date of advertisement publication. In the case of placing a classified advertisement, the Publisher will send an invoice only upon the Advertiser's request. The Advertiser agrees that the Publisher, at its discretion, will deliver the invoice in written form or by electronic mail in digitized form to the address provided in the order, unless another address is specified by the Advertiser for this purpose.
3. f the ordered campaign on the internet website lasts 2 or more months, a payment schedule may be created for it upon agreement between both parties.
4. In the case of advertising in a printed title, the Publisher shall send the Advertiser a document confirming the publication of the advertisement or prospectus insert together with the invoice upon request. Depending on the nature of the advertisement or prospectus insert and the scope of the order, previews of the printed pages containing the advertisement in pdf format are preferentially provided via e-mail. If the sending of such a document is not possible due to the nature of the advertisement, or if the Publisher and the Advertiser agree otherwise, clippings, pages, or complete copies may be provided. If these documents cannot be obtained, the Advertiser will receive a confirmation from the Publisher of the publication of the advertisement or prospectus insert.
5. In the event of late payment, the Advertiser is obliged to pay late payment interest at the rate resulting from the valid legal regulations on the outstanding amount for each day of delay and the costs associated with the recovery of the invoiced amount or partial payments. In the event of late payment, the Publisher may refuse the realization of further performance, including performance under the framework contract, or may make its realization conditional upon adequate advance payments.
6. If the Advertiser does not specify the exact size of the advertisement and leaves this decision to the Publisher, the basis for billing, depending on the type of advertisement, will be the actually published size of the advertisement.
7. In cases where the Advertiser (especially an advertising and media agency) orders advertising for the purposes of third parties, the volumes of advertising for these persons cannot be summed for the purpose of determining the amount of the discount provided.
8. The Publisher reserves the right to set different prices for special editions than those listed in the currently valid price list.
9. A special price list is set for the printing of non-commercial and classified advertising. The assessment of whether the advertisement has a commercial character belongs to the Publisher.
10. If the order is not realized for reasons for which neither the Publisher nor the Advertiser is responsible, and the advertisement or prospectus insert cannot be published on an alternative date, the Advertiser is obliged to pay the Publisher only the verifiably incurred costs related to the order up to that point.
11. Any overpayments (amounts) up to 100 CZK paid to the Publisher in connection with the realization of advertising are not sent back to the payer's account; they can only be paid out at the cash desk at the Publisher's registered office address. Funds sent to the Publisher's account for which the Publisher does not receive an advertising order within 3 months shall be forfeited in favor of the Publisher.
12. The Publisher reserves the right to request an advance payment, especially in cases where it is the Advertiser's first order or in the case of Advertisers with a poor payment history. In such cases, the funds will be required to be credited to the Publisher's account no later than 3 working days before the publication of the advertisement.
Complaints – Substitute Performance
1. In the event of a completely or partially illegible, incorrect, or incomplete publication of an advertisement not caused by the Advertiser, and also in the case of internet website advertising where the guaranteed number of impressions is not met, the Advertiser is entitled to a discount on the price or to the publication of a faultless substitute performance, but only to the extent to which the purpose of the advertisement was harmed, or in the case of internet website advertising, to the extent of performance that was provided defectively or not provided at all. The Advertiser is obliged to assert this right with the Publisher in writing within 2 weeks from the date of the advertisement's publication. In the case of internet website advertising, this right may also be asserted within 2 weeks from the end of the period during which the respective number of impressions was guaranteed; otherwise, it expires. The right to choose between the methods mentioned in the first sentence belongs to the Publisher. If the Publisher does not provide substitute performance without undue delay, or if the substitute performance is provided with defects, then:
  1. In the case of advertising in printed titles, the Advertiser has the right to a discount on the price. A similar procedure applies to prospectus inserts.
  2. In the case of advertising on an internet website with a guaranteed number of impressions, the Advertiser has the right to a discount on the price to the following extent: If the proper performance does not reach 80 % of the confirmed ordered quantity, the Advertiser is entitled to a discount of 25 %. If the performance does not reach 60 %, the Advertiser is entitled to a discount of 50 %. If the performance does not reach 40 % of the order, the order will be considered completely unrealized.
2. When publishing repeated advertisements or prospectus inserts, the Advertiser is obliged to check their correctness and completeness immediately after each publication. The Publisher will not recognize the right to free publication of a substitute advertisement or a discount if the same defect reappeared in the repetition without the defect being immediately reported to the Publisher no later than 3 days after the previous publication.
3. In the event that defects in typesetting, printing, or insertion occur due to the Advertiser's fault and were not clearly recognizable upon acceptance of the order, the Advertiser has no right to a discount or free publication of a substitute advertisement.
4. The Publisher has the right to adjust the materials for the advertisement's publication, even without the Advertiser's prior consent, to ensure they comply with the technical specifications for material delivery, which are part of the current price list. The right to complain does not apply to differences between the supplied materials and the published advertisement that arose as a result of such an adjustment.
5. Proofreading is provided only at the Advertiser's express request. The Advertiser is responsible for the correctness and completeness of the proofreading they send back to the Publisher. The Publisher takes into account proofreading communicated within the firmly stipulated deadline. In the case of classified advertising, the text stated in the order confirmed by the Advertiser is considered the approved proofreading.
6. In the event of the Advertiser asserting claims for damages in connection with defective performance by the Publisher, only foreseeable and proven damages will be compensated. The amount of foreseeable and proven damage is set at a maximum of the price for the published advertisement or prospectus insert.
7. The Advertiser acknowledges that the Publisher is not liable for a deviation in the size of the printed advertisement in the range of up to 0.5 % of the required size, resulting from the technological process used in the title's production. The Publisher is also not liable for a technological error during the realization of the advertisement that causes a defect in 0.5 % of the copies of a specific advertisement or a missing insert in 1 % of the ordered number of inserts. Performance defects within the scope stated in this article are not considered defective performance and are not subject to complaint. The Advertiser acknowledges that if they deliver materials for the advertisement's realization after the proper closing date and the Publisher does not refuse the advertisement's publication, the Advertiser loses the right to file a complaint.
8. The Advertiser acknowledges that the Publisher is entitled to determine and change the print run of the titles it issues. In the event of a decrease or increase in the print run compared to its expected level, the Publisher will inform the Advertiser without undue delay; however, this fact is not considered a defect in performance and does not give rise to a claim for complaint, even if, given the supplied number of prospectus inserts, it is not possible to insert them into the entire print run or if not all supplied prospectus inserts are used for insertion.
Dispute Resolution
1. In the event that a dispute arises between the parties in connection with the conclusion of the contract for advertising publication, which is to be resolved by judicial means, both the Publisher and the Advertiser agree that the local jurisdiction of the court shall be governed by the location of the Publisher's registered office.
2. If the Advertiser is a consumer, they may contact the Czech Trade Inspection Authority (Česká obchodní inspekce), internet address adr.coi.cz, for out-of-court resolution of a potential consumer dispute.
Other Provisions
1. Both the Advertiser and the Publisher undertake to protect all information they provide to each other in connection with the execution of orders against misuse.
2. If the Advertiser is a natural person, the Publisher will process the Advertiser's personal data in connection with the conclusion of the contract and the realization of the advertising. More information about the processing of personal data is provided on the website www.cncenter.cz.
3. The Advertiser acknowledges that the Publisher may use data on internet website advertising for internet advertising research within the Association for Internet Development in the Czech Republic, z.s.p.o. (SPIR).
4. The Publisher shall communicate any change to these Terms and Conditions or the currently valid price list to the Advertiser who has concluded a framework contract with the Publisher according to point 4 of these Terms and Conditions, within a period of at least one month before the start of the effectiveness of these changes. If the Publisher fails to comply with this period, orders placed after the change in the Terms and Conditions or price list will be governed by the original Terms and Conditions or price list for a period of one month after the notification of this change. If the notification of the change to the Terms and Conditions or price list is not made, advertising orders will be governed by the original Terms and Conditions or price list for a period of three months from the start of the effectiveness of the new Terms and Conditions or new price list. In the event that the change to the Terms and Conditions affects the Advertiser's position and the Advertiser disagrees with this change, they are entitled to terminate the framework contract within 14 days after they learned of the change to the Terms and Conditions. The notice period is 14 days. The provision of Article 4, point f) of these conditions shall not apply in such a case, and the price of the already provided advertising based on the framework contract will not be changed.
5. The limitation period for the obligations of both the Publisher and the Advertiser arising in connection with the publication of advertising is 4 years.
6. The Publisher issues Special Conditions for the advertising of certain products in media issued, operated, and represented by CZECH NEWS CENTER a.s., which regulate the advertising of specific types of goods and/or services depending on the valid legal regulations. Rights and obligations not regulated by the Special Conditions shall be governed by these General Terms and Conditions.
7. The purpose of these Terms and Conditions is to establish the rules under which the Publisher provides advertising in the media it issues or operates. The provisions of the Advertiser's terms and conditions or its other unilateral acts or statements intended to exclude the application of these Terms and Conditions shall not be considered.
8. If the Advertiser is an entrepreneur, the provisions of § 1799 and § 1800 of Act No. 89/2012 Coll. (Civil Code) shall not apply.