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Advertising on automotive supports

Frank De brauwer — fdebrauwer@produpress.be
Frédéric De Cooman — fdecooman@produpress.be

Automated trading & programmatic buying

Alexandre Metzgen — ametzgen@produpress.be

Digital material

Ricardo Baglio — adops@produpress.be

Marketing

Emilie Le Blan — eleblan@produpress.be

Accounting

compta@produpress.be

Magazine abonnements

We will publish here any job description that we need to reinforce our teams.

Article 1 – Purpose

These general terms and conditions of sale govern any purchase of advertising space by a natural or legal person who purchases, on their own behalf or on behalf of an advertiser (hereinafter referred to as the Advertiser), advertising space for the promotion of their brand, products, or services in the media (magazines and websites) of Produpress SCA companies (Moniteur Automobile, AutoGids, Autogids.be, Moniteurautomobile.be, miles), Editions Cmf SA (Déco idées, Actief Wonen, tu bâtis je rénove, Beter bouwen & verbouwen, ImmowebMag), and immoweb SA (Immoweb.be). These spaces are sold by Produpress’s in-house advertising agency named Le Média, hereinafter referred to as the Media. The signing of the purchase order implies the unconditional acceptance of these general terms and conditions.

Article 2 – Applicability

The Media is only bound by the provisions of purchase transactions as accepted, by the provisions of its purchase orders, and by those of these general terms and conditions. The application of any other provision is excluded. This includes all general terms and conditions of the Advertiser, even if they stipulate that they are the only valid ones, unless the Media has expressly accepted them in writing. The Media’s general terms and conditions are deemed to be known and accepted either by the Advertiser’s signature on a document referring to them, by the Advertiser’s failure to object in writing within 8 days of receiving the first document bringing them to their attention, or, in the case of an online order, by the online acceptance of these general terms and conditions. In the latter case, the parties agree that email exchanges between them will be legally binding. These terms cannot be contested in the event of ongoing commercial relations. Any purchase order from an Advertiser must explicitly mention the acceptance of these general terms and conditions of sale.

Article 3 – Offer and Prices

The locations, formats, and display modalities of the proposed insertions as well as the corresponding prices are those in force on the day of the offer made by the Media, as detailed in the documents available on produpress.be, particularly the documents titled “Ratecard” and “Tarifs” in the “INFO & DOWNLOADS” section of the website. The minimum amount of a purchase order is set at one thousand two hundred and fifty (1,250) euros excluding VAT. The prices do not include technical fees such as possible creation and production costs of the insertions or the cost of printing inserts. Unless expressly stated, the offers do not include exclusivity. The pricing conditions of the offer made on estimate by the Media to the Advertiser or its representative are valid for 14 days from the issuance of the offer. Without confirmation by the return of a signed purchase order, the options will be canceled at the end of this period. The pricing conditions of so-called “promotional” offers, indicated as such, are only valid for the specified duration. These general terms and conditions of sale as well as the prices practiced by the Media can be modified at any time without notice. These modifications will have no effect on ongoing contracts and offers made. Options for internet advertising – When an option is taken by a buyer, the following rules apply:
– Each option is valid for 14 days from the date of the option being taken.
– The Media may combine multiple options on one advertising space. In this case, the Media will inform the Advertiser of its option level in the list of options.
– When a Buyer holding an option wishes to convert their option into a firm order, holders of other options will be notified by the Media as soon as possible.
– Depending on their option level, these holders will have the opportunity to convert their option within 24 hours from the notification. The prices indicated on the price lists, rate cards, and invoices are expressed excluding VAT. Specific conditions on magazine volume discounts The volume discount is calculated based on the number of insertions ordered for the same advertiser during a calendar year. The discount is deducted from the invoice. The campaign that benefited from the volume discount cannot be canceled, except in cases of force majeure. In this case, a partial cancellation will result in a price adjustment and the issuance of a supplementary invoice. The volume discount cannot be combined with other possible offers.

Article 4 – Entry into force of the purchase order

Any purchase and reservation of space will only be effective under the following condition: the Media’s receipt of the signed purchase order within the validity period of the offer; this purchase order must be returned no later than 5 working days before the start of the campaign for the Web and 20 working days before the start of the campaign for magazines. The web purchase order must mention:
– the name of the Advertiser
– the name of the campaign
– the selected dates
– billing terms
– the MDBID
– the Advertiser’s signature
The magazine purchase order must mention:
– the name of the Advertiser
– the name of the campaign
– the format – the chosen magazine title
– the selected dates
– the MDBID
– the Advertiser’s signature
The rights and obligations resulting from the purchase order cannot be assigned by the Advertiser, in any form whatsoever and for any reason whatsoever. Any delay in submitting the purchase order results in the loss of the campaign start date guarantee.

Article 5 – Advertising Material Requirements

The insertion must comply with the technical requirements specified in the document entitled “Technical Specifications,” the estimate, or the purchase order. The Media will not make any modifications (including, but not limited to, size changes) to the material to be broadcast without prior notice to the Advertiser. The non-provision of advertising material for broadcast or redirection tags does not constitute grounds for contract termination. For web advertisements: – Non-compliance with any of the previously stated conditions releases the Media from any liability for exceeding the initially agreed online posting date. – The advertisement content must be submitted to the Media according to the specific technical specifications for each medium. (Information available on www.produpress.be)
a) In electronic format before the desired publication date, at the latest:
– 5 working days for standard formats (GIF or JPEG image)
– 7 working days for rich media formats (Flash, floating Flash, expand banner, etc.)
– 7 working days for video
– 7 working days for page takeovers
b) In the event of non-compliance with the technical standards required for advertising (as indicated in the document on technical specifications), the Advertiser must make the necessary modifications within the deadlines required for production. These deadlines will be specified by the Media.
c) In the event of late submission of elements related to advertising content, the Media reserves the right, unless expressly refused by the Advertiser, to postpone the end of the campaign accordingly, depending on inventory availability.
d) All material for broadcasting a campaign must be sent in a single email, including:
– the broadcasting material (banners, skyscrapers, etc.)
– the final and active destination URL
– the contact details (name, phone number, email address) of the creative and/or technical personnel responsible for the broadcasting material
e) The email subject line must include at least:
– the name of the Advertiser
– the name of the campaign
f) Upon receipt of this email and provided that the signed purchase order has been received by the Media within the prescribed period, at least 5 working days before the desired start date of the campaign, the Media will start the technical validation of the broadcasting material.
g) Once the material has been technically validated, the Media will send an email confirming receipt of the validated material and the date of first broadcast.

Article 6 – Changes to Advertising Content

Any request for changes to the content, appearance, and/or format of advertising materials submitted after the initial submission must be received by the Media within the timeframes specified in the advertising material requirements, article 5. Any request for changes that is received after this deadline will not be guaranteed by the Media, which reserves the right to refuse the request. In the event of the acceptance of a request for changes by the Media, the Advertiser must pay the costs of making these changes as communicated to them by the Media.

Article 7 – Right of Use and Intellectual Property

The Advertiser grants the Media the right to use the advertising material provided for the purposes of executing the insertion order. This right of use includes the right to reproduce, represent, adapt, translate, and communicate the advertising material to the public on all media and in all forms, known or unknown, for the entire duration of the insertion order. The Advertiser declares that it holds all intellectual property rights necessary for the execution of the insertion order and guarantees the Media against any claims or actions by third parties based on an alleged infringement of their rights resulting from the advertising material.

Article 8 – Legal compliance

The Advertiser undertakes to comply with all laws and regulations applicable to the content and distribution of advertising messages, in particular, but not limited to, laws and regulations relating to consumer protection, the protection of personal data, and intellectual property. The Advertiser guarantees that the content of the advertising material is lawful and does not infringe the rights of third parties. The Media reserves the right to refuse any advertising material that does not comply with legal requirements or that it considers contrary to its editorial line or its professional ethics.

Article 9 – Responsibility

The Media undertakes to use its best efforts to ensure the proper execution of the insertion order. However, the Media cannot be held responsible for any direct or indirect damage suffered by the Advertiser as a result of the execution of the insertion order. The Media’s liability is limited to the direct damage caused by its proven fault, to the exclusion of any indirect damage, including, but not limited to, loss of profits, loss of business, loss of opportunity, loss of data, or commercial prejudice. The Media cannot be held responsible for any failure or delay in the execution of the insertion order resulting from force majeure or any other event beyond its control, including, but not limited to, strikes, accidents, fires, natural disasters, or technical failures. In any event, the Media’s liability is limited to the amount of the sums paid by the Advertiser for the insertion order in question. The Advertiser is responsible for the content of the advertising material provided to the Media. The Advertiser guarantees the Media against any recourse, claim, or action by third parties based on the content of the advertising material or its distribution.

Article 10 – Payment Terms

Unless otherwise stipulated in the insertion order, invoices issued by the Media are payable upon receipt. Invoices are payable at the Media’s registered office, by bank transfer, check, or direct debit. The Media reserves the right to require payment of a deposit or advance before executing the insertion order. In the event of non-payment of an invoice by the due date, the Media reserves the right to suspend the execution of current orders and to demand immediate payment of all outstanding amounts, without prejudice to any other rights and remedies available to it. In the event of late payment, late payment interest will be automatically due, calculated at the legal rate plus five percentage points, without prior notice. In addition, a lump sum indemnity of 10% of the amount due, with a minimum of 75 euros, will be due by the Advertiser, as provided for in Article 1152 of the Civil Code. In the event of non-payment of an invoice on the due date, the Media reserves the right to suspend the execution of current orders and to demand immediate payment of all outstanding amounts, without prejudice to any other rights and remedies available to it.

Article 11 – Termination

The Media reserves the right to terminate an insertion order with immediate effect in the event of non-compliance by the Advertiser with any of its contractual obligations or in the event of non-payment of an invoice by the due date. In the event of termination of the insertion order for any reason whatsoever, the Advertiser remains liable for payment of all sums due to the Media, as well as any damages suffered by the Media as a result of the termination.

Article 12 – Schedule Modification

The Advertiser has the right to modify the schedule of a campaign no later than ten (10) business days before the initial launch date for web campaigns; and no later than 20 business days before the start of the magazine campaign. This modification can only involve a postponement of up to three (3) months and within the limits of advertising space availability. The campaign cannot be advanced or postponed for a longer period, except by mutual agreement and subject to the payment of the resulting fees. To modify the schedule, the Advertiser is required to sign a new purchase order in accordance with Article 3. The first schedule modification will be free of charge. For any subsequent modification, scheduling fees equivalent to thirty percent (30%) of the amount specified on the purchase order will be invoiced to the Advertiser.

Article 13 – Cancellations

Orders can be canceled in full or in part without charge. The request must be made in writing (email, fax, or letter) no later than 4 weeks before the campaign start date. If this deadline is not met, the following rules will apply:

  • If the cancellation request is made between 3 and 4 weeks before the campaign start date, the Media will invoice the Advertiser 20% of the total value of the purchase order.

  • If the cancellation request is made between 2 and 3 weeks before the campaign start date, the Media will invoice the Advertiser 50% of the total value of the purchase order.

  • If the cancellation request is made between 1 and 2 weeks before the campaign start date, the Media will invoice the Advertiser 75% of the total value of the purchase order.

  • If the cancellation request is made less than one week (5 business days) before the campaign start date, the Media will invoice the Advertiser the full (100%) value of the purchase order.

  • If production work is carried out by the Media, cancellations will not be accepted and will not entitle the Advertiser to any refund unless otherwise agreed between the Media and the Advertiser.

The Media reserves the right to interrupt a campaign within five days of its start if it becomes aware of uncertain information regarding the solvency of the Advertiser or its agent. Likewise, the Media reserves the right to interrupt a campaign if the material sent does not match the planned material or if it violates certain moral values.

Article 14 – Claims

Any claim must be made in writing within one week following the publication or broadcast of the insertion, under penalty of forfeiture.

Claims regarding advertisements must be made in writing within 10 days following the press release or the start of the Internet campaign, under penalty of forfeiture. The Media disclaims any liability for errors resulting from unclear instructions, incomplete or neglected written or composed texts.

Article 15 – Disputes

Any dispute arising from the interpretation and/or execution of these general conditions and the advertising space purchase contract governed by them shall be subject to the exclusive jurisdiction of the courts of the Brussels district.

Article 16 – Nullity of a Clause

If any clause of these general conditions is deemed null, such nullity shall not affect the validity of the other clauses. The fact that the Media has, even repeatedly, agreed not to apply one of the provisions of these general conditions shall not, under any circumstances, constitute a waiver to do so and shall not confer any rights on the part of the Advertiser, with the normal situation being established at any time without notice, formality, or compensation.

 

Belgium —
Bd. de l’Humanité 292, 1190 Brussels

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