A. Contractual Conditions for the advertising services of FCR Media On Line
Art.1. These contractual conditions for the advertising services performed by FCR Media On Line, hereinafter FCR, are part of the advertising service contract - advertising order, hereinafter called contract
Art.2. SCOPE OF THE CONTRACT
FCR Media On Line by www.paginiaurii.ro publishes for the client one or several online content advertisements, MySite type products or it purchases options for online content advertising on FCR Media On Line web sites and/or on other domains and/or sub-domains owned by FCR in order to promote and inform on the customer's existence and activity. The content and the characteristics of the 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
Art.3. OBLIGATIONS OF THE FCR MEDIA ON LINE
3.1. In case of online advertisements:
- To post on FCR Media On Line 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
- To maintain active the content advertisements, Site type products, online banners and options in the shape and for the term established in the contract.
- 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 in order to be published the online advertising:
- To sign / accept the contract / order form and the annexes applicable to the type of the purchased product base of term agreed in the sales process between client and FCR representatives.
- To pay the price mentioned in contract / order form according to payments agreed terms
4.2. Not to claim copyright on the graphic created by FCR or on local positioning data (Geocoding data); FCR Media On Line sites and online products present on these sites are owned by FCR and will remain the property of FCR. This contract does not imply copyright, trade mark or other intellectual property rights transfer.
4.3. To hand over to FCR within maximum 30 days after signing / acceptance the Online contract or order form all data, texts and graphic materials related to the online content advertisement and/or banners ;
4.4. To communicate in writing, in case he does not receive the invoice within 15 days after the payment, to the FCR billing department in order to receive a copy thereof.
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 FCR 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. If the contract is intermediated by an advertising company, the advertising description and the graphic can be sent by the advertising company.
Art.5. PRICE AND PAYMENT METHODS
The Client may order any online advertising articles and/ or online content products, MySite type products or banners, presented by the FCR representatives.
5.1. The counter value of FCR Media On Line products will be paid in advance, in accordance with the payment terms mentioned in the contract / order form.
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 FCR accounts, opened at banks mentioned in contract / order form.
5.4. The payment will be done by one of the following methods: - promissory note, CEC file, cash to the courier company authorized by FCR
5.5. The payment will be done in maximum 2 installments.
Art. 6. DURATION OF THE AGREEMENT, RECEPTION AND CONFIRMATION OF PERMANENT DISPLAY
6.1. The contract is concluded on the payment date and it is valid for 6 months or one year, depending client option, from the displaying date (appearance date)
- The displaying date (appearance date) of the advertisements on FCR Media On Line web sites will be notified by FCR to the client by e-mail or fax, 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.
- The client undertakes to confirm the display (appearance) of the advertisements on FCR 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)
- The parties mutually agree that the reception of the display of the ordered advertisements on FCR 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 FCR web sites operates de jure, without any other formalities, on the notice date mentioned in art.6.2.a)
- ) The client states he recognizes the permanent display of the advertisements mentioned in the Annex 1 of the contract / order form, on FCR web sites, as per art.6.2.c), and in any other case it undertakes to notify FCR 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. FCR may unilaterally terminate the agreement de jure, without any court intervention and without any other formalities, in one the following situation:
- in case of failure of the payment obligations on the agreed dates. In this case the online content advertisements could be removed from FCR web sites;
- if the client does not perform in time the obligations mentioned in art. 4.3
- if the client does not agree to the alterations requested by FCR in accordance to Art. 9.
Art.7.3. FCR may unilaterally terminate the agreement de jure, without any court intervention with a prior notification of 15 days before the publishing of the online advertisement products.
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 products.
Art.8. CONTRACTUAL LIABILITY
8.1. If the client has paid the contractual obligations and FCR has omitted publishing 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 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 FCR Media On Line 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.
- If payment of an installment or of the entire due amount is not made on time, FCR 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).
- For failure to perform payment obligations on time the client undertakes to pay delay penalties of 0.01% per day from the due amount.
- 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.
8.3. In case of online advertisements articles: If the contract is paid partially FCR will reserve the right, according to the paid amount, to decide on the moment from which the online advertising articles are removed from FCR site.
8.4. The discounts granted upon signature of the agreement are cancelled if the payments were not made on due time.
8.5. If the contract is terminated as per article 7.4. upon request of the client, FRC 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.
8.6. Force majeure and fortuitous cases exonerate of liability the party which invokes it, by written notification, within 3 days from occurrence.
- FCR has the right, with prior written notice to the client, to change the Site and to decide order of appearance on the site.
- FCR has the right, with prior written notice to the client, to change the graphic format and the characters of the content advertisements, activity domains and any character of the online products.
9.2. FCR has the right not to display or to suspend the display of the content advertisements and /or banners requested by the client if it considers that this might cause any damage to natural or legal persons, would breach the in force laws or common sense.
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 FCR in this respect.
- it recognizes and accepts FCR as producer and/or author of the graphics for 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 FCR made graphics in relation with third parties, without FCR consent.
- it takes full liability for materials and texts published using the directly editable content from MySite type products, indemnifying FCR 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 FCR Media On Line headquarters.
9.4. Any further information can be obtained from Customer Care Service, phone no 021/ 20.20.900 sau 021-9333.
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 FCR'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.
B - Legal – www.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 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.
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.
- processing your orders or requests
- offering products and / or services to you
- billing (unless you benefit from a prepaid service)
- 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 email@example.com