5.1. Unless otherwise agreed between the Provider and the Candidate, the Candidate shall deliver to the Provider the agreed number, type, form and kind of Presentation, including any supporting material and/or presentation design, if required, no later than ten working days prior to the date of the required installation, to the Provider’s registered office address, all duly cleared and free from legal defects. In the event of non-compliance with this condition, the Provider does not warrant and shall not be liable for the timely, quality and error-free installation of the presentation. The quality, completeness and unmistakability of the presentation shall be the responsibility of the candidate.
5.2. Late delivery of the presentation by the interested party shall not affect the commencement or termination of the agreed period during which the provider is obliged to tolerate and ensure the placement of the presentation on the advertising space. The due date and amount of any remuneration agreed between the Provider and the interested party shall not be affected by the late delivery of the presentation by the interested party.
5.3. The installation shall be carried out exclusively by the Provider or by third parties authorised or approved by the Provider. Unless otherwise agreed between the provider and the interested party, the interested party is not entitled to carry out the installation or to interfere in any way with the advertising space or the presentation placed on it. The Provider will normally carry out the installation within five working days from the date of receipt of the presentation (the “usual installation date”). The Usual Installation Date may be affected by weather or other external influences beyond the Provider’s control, in which case the Provider may postpone the Installation Date for the necessary time.
5.4. If the Provider and the Candidate agree that the Candidate will carry out the installation himself, the Candidate shall be solely responsible for the execution and quality of the installation. The applicant also undertakes and agrees to indemnify the provider against any expenses and damages incurred by the provider in the event of damage to the advertising space, including, but not limited to, the cost of repair or replacement of the advertising space and loss of profit.
5.5. In the event that backing material is required for installation and is not supplied to the Provider by the Candidate at the same time as the presentation, the Provider shall be entitled to use suitable backing material for installation at its discretion and the Candidate shall reimburse the Provider in full for the cost of procuring and installing the backing material.
5.6. The Customer shall be solely responsible for any change in the quality of the presentation delivered to the Provider during the agreed service period (e.g. fading, deterioration due to weather conditions, etc.). In the event of maintenance, replacement, repair of the presentation or at the express request of the provider, the interested party is obliged to supply a spare or replacement presentation without delay.
5.7. In case of interest on the part of the interested party, the presentation design may be provided by the provider for a pre-agreed fee, according to the valid price list, in which case the interested party and the provider shall agree on the conditions under which the presentation is to be designed and/or made, including the time limit, material, materials, supporting documents and price. The interested party is obliged to hand over to the provider the graphic materials required by the provider, which can be read and edited in one of the following programs: Adobe (all versions of Reader, Photoshop) or CorelDraw. The resolution of the reprint must be at least 300 DPI, CMYK colour. The interested party acknowledges that the final presentation may differ in color from the display of the graphics on the monitor, which is related to the settings of the particular monitor. The interested party may only complain about the quality of the presentation if the presentation as a whole shows signs of colour noise, i.e. one colour will bleed through the whole presentation. Such a complaint will be subject to mutual assessment and in the event that the Provider agrees that the presentation is defective, the Provider shall be obliged to arrange for a new presentation to be made at its own expense.
5.8. After the end of the agreed period of service provision or in the event of unilateral termination of the contract (for any reason and in any way), the Provider is entitled, but not obliged, to remove and devalue the presentation, or destroy it and ensure its disposal. For the avoidance of doubt, the Provider is not obliged to remove the presentation from the advertising space and if the interested party does not agree with such procedure, it is obliged to order a service of uninstallation of the presentation from the Provider for a fee. If the Provider and the interested party agree that the presentation shall be uninstalled and handed over to the interested party, the interested party shall be obliged to take over such presentation at the place and time specified by the Provider, otherwise not later than within 10 days at the Provider’s registered office; after the expiry of this period, the Provider shall be entitled to devalue or destroy the presentation and ensure its disposal. Any costs related to the transport of the presentation shall be borne in full by the interested party.
5.9. If the Provider and the Candidate agree that the Candidate will carry out the removal of the presentation himself, the Candidate shall be solely responsible for the removal of the presentation. The Applicant also agrees and undertakes to indemnify the Provider for any expenses and damages incurred by the Provider in the event of damage to the advertising space or the advertising equipment on which the advertising space is located, including, but not limited to, the cost of repair or replacement of the advertising space and loss of profit.
5.10. On the date specified in the Contract, the Provider shall be obliged to accept the placement of the Presentation on the Advertising Space, irrespective of whether or not the Presentation is installed on the Advertising Space (hereinafter referred to as the “Placement Date”), unless the installation does not take place on such date due to reasons on the Provider’s side or for the reasons set out in paragraph 5.3 of these Terms and Conditions. In such case, the Placement Day shall be deemed to be the day on which the Presentation is installed on the Advertising Space.
5.11. If the subject of the contract will be the placement of the presentation on the advertising area of the advertising device of the city poster type (hereinafter referred to as the “city-poster”) and the interested party expresses interest therein, the Provider is obliged to provide the interested party with 2 keys to the city-posters, which will enable the interested party to access the advertising areas on the city-posters. The provision as well as the return of the keys must be confirmed by the interested party and the provider by an acceptance report. In the event that the applicant fails to hand over the keys to the provider within ten working days of the end of the contract (regardless of the method of termination of the contract), the applicant shall be liable to pay the provider a contractual penalty of € 500 and shall also reimburse the provider for all costs associated with the replacement of the keys to the city-poster.
5.12. The Provider shall ensure the repair of the advertising area on which the presentation is placed in case of its damage, as well as the maintenance of such advertising area and its replacement in case of its theft (hereinafter referred to as “repairs and maintenance”). Repairs and maintenance shall be carried out by the Provider without undue delay and, in the event of damage to or theft of the advertising space, no later than ten working days from the date on which the Provider becomes aware of the damage or theft. If the damage or theft of the advertising space is notified to the provider by the interested party, during the period from the date of receipt of the interested party’s written notification to the date on which the provider arranges for the appropriate remedy, the interested party shall not be obliged to pay the provider any remuneration for the placement of the presentation on the affected advertising space.
5.13. In the event that for any reason (e.g. due to an act of authority, etc.) the Provider is no longer able or able to provide the services at the place of provision of the service, the Provider shall propose to the Candidate the relocation of the advertising space or a replacement advertising space at the replacement place of provision of the service, and if the above occurs for reasons on the Provider’s side, the costs associated with the relocation of the advertising space or the placement of the presentation on the replacement advertising space at the new place of provision of the service shall be borne by the Provider. Unless the interested party agrees to the Provider’s proposal or the Provider and the interested party agree otherwise, the contract shall terminate on the date of removal of the advertising space or presentation from the advertising space at the place of provision of the service by the Provider, whichever is earlier, and the Provider shall refund to the interested party the pro rata unused portion of the remuneration paid by the interested party for the period after the termination of the provision of the service by the Provider, no later than within ten working days from the date of receipt of the written request of the interested party, to the bank account of the interested party specified in its written request.
5.14. The Interested Party acknowledges that the Provider does not guarantee that advertisements or presentations of third parties, including, but not limited to, competitors of the Interested Party, will not be located or placed in the vicinity of the advertising space, whereas the Provider is entitled to provide services to third parties, including, but not limited to, competitors of the Interested Party, without any limitations whatsoever.
5.15. The Interested Party undertakes to provide the Provider in a timely manner with such assistance and cooperation as is necessary or required by the Provider for the performance of the Provider’s obligations under the Contract and/or for the proper and timely performance of the Contract.