Advertising General Terms and Conditions (hereinafter referred to as “AGTC”) of the Incheba, Inc.
Article I. SUPPLIER
1.1 Incheba, Inc., Viedenská cesta 3 – 7, 851 01 Bratislava V, Slovakia; Commercial Register of the District Court Bratislava I, Dpt.: Sa, File No. 10/B; ID: 00 211 087; VAT ID: SK2020451411; Bank: ČSOB Inc.; account number: 584728213/7500; IBAN: SK30 7500 0000 0005 8472 8213 (hereinafter referred to as „Supplier“)
Article II. RENT
2.1 The Supplier rents part of the Incheba building façade to the Client for the purpose of commercial advertising. The subject of the rent is a 39,3 x 44,2 m advertising space – the Incheba building façade – front side, parcel no. 5086/11, building number 3250, registered on the title deed no. 1049 in the cadastral municipality of Bratislava – Petržalka, maintained by the District Office Bratislava, Cadastral department. The advertising space is the space for placing an advertising banner which the Supplier has the right to dispose of.
Article III. CONTRACT, ORDER
3.1 The Client rents a part of the Incheba building façade from the Supplier by a contract or order.
3.2 The contract is concluded when the Supplier and the Client agree on its essential requirements and the contract is signed by both parties as a sign of their approval with it. The contract is also concluded when the Client issues a written order that is subsequently confirmed by the Supplier.
3.3 The order from the Client can be submitted solely in the form of a written document confirmed by a handwritten signature that can be replaced by a scanned digital signature.
3.4 The binding order from the Client contains all billing information (company name / business name, registered office / place of business, bank details, ID, TIN or VAT ID if the Client is a VAT payer) and a contact person. The Supplier undertakes not to disclose such data to third parties, except for requests from state authorities that are entitled to request such data in accordance with the applicable legislation.
Article IV. CERTAIN TERMS DEFINITION
4.1 The Contract is an advertising contract or advertising order concluded by Incheba as the Supplier with a natural person or a legal entity as the Client, the subject of which is a remuneration of advertising services.
4.2 The Client is a natural person or a legal entity that concludes the Contract with Incheba as the Supplier, or places an order that is demonstrably accepted by the Supplier.
Article V. PRICE AND PAYMENT TERMS
5.1 The summary of the rent for the entire rental period of the part of the Incheba building façade is set by the agreement of both parties in the order and includes electricity charges. The Supplier shall charge an appropriate rate of value added tax to the basic price.
5.2 At the same time both parties agreed on the price for the banner installation and dismantling and on the price for printing the banner for the advertising space in question and these prices are set in the production order. The Supplier shall charge an appropriate rate of value added tax to the basic price.
5.3 Expenses for the disposal of advertising banners shall be borne by the Contractor.
Article VI. CONTRACT OR ORDER DURATION
6.1 The contract or order is concluded for a specified period of time from the date of signing the contract or order until the end of the period of providing the advertising space specified in the contract or order.
6.2 The concluded contract or order can be terminated in the ways agreed in it or resulting from these AGTC.
6.3 The rent can be terminated:
a/ by written mutual agreement of both parties,
b/ by notice of termination of any party with 12 months’ notice period without giving any reason; the notice shall commence on the first day of the calendar month following receipt of the notice by the other party.
6.4 In case the Client cancels the rent during the agreed rental period confirmed by the contract or order, the Client undertakes to pay the Supplier a cancelation fee in the amount of 100% of the whole order price.
Article VII. RENT PAYMENT
7.1 The rent payment shall be done based on the invoice issued by the Supplier unless otherwise agreed.
7.2 If the Client delays in paying the agreed amount invoiced to them by the Supplier, the Supplier shall be entitled to a default interest of 0,05% of the unpaid amount for each commenced day of the Client’s delay, while by the Client’s delay is understood to be the situation when the Client fails to pay the invoiced services by the Supplier as well as a situation when the Client pays to the Supplier only a part of such agreed amount.
7.3 If the Client fails to comply with the terms of the payment, the Supplier has the right not to execute the ordered services.
Article VIII. SUPPLIER AND CLIENT RIGHTS AND OBLIGATIONS
8.1 The supplier shall provide lighting of the advertising area during the night depending on the seasons.
8.2 The Supplier shall provide regular inspection and maintenance of the rented advertising space and regular inspection of the lighting of the advertising space.
8.3 The Supplier shall provide photo documentation of the advertising space made on the agreed advertising area to the Client via e-mail.
8.4 In case the Supplier ensures production of the advertising banner on the basis of the contract or order made by the Client, the Client shall deliver all graphic materials for production of the advertising banner at least 5 to 7 working days before installation. In case the Client fails to deliver the graphic materials within this deadline, the Supplier does not guarantee the installation date.
8.5 The Supplier is not responsible for damages caused by vis major (e.g. wind, snowstorm, flood, explosion, storm or other natural disaster, bomb threats, terrorist attack, strike, and so on) or for damages caused by electricity, gas and water supply interruptions beyond the fault or negligence of the Supplier.
Article IX. FINAL PROVISIONS
9.1 Relations and disputes between the Client and the Supplier are governed by the Slovak laws and in accordance with the provisions of the Commercial Code no. 513/1991 Coll. as amended.
These AGTC shall enter into force on 25th May 2018 for an indefinite period of time.