Terms and conditions of sale
1. ADVERTISING SPACE RENTAL CONTRACT
Offers made concerning advertising spaces are valid as per interim sale condition, i.e. Clear Channel Finland Ltd shall have the right to enter into a contract with a third party concerning an advertising space which is the subject of an offer irrespective of the offer for as long as the party to whom the offer has been made has not informed Clear Channel Finland Ltd of having accepted the said offer. A contract shall be deemed to have come into being when the buyer or the buyer’s agent has accepted, in writing or some other verifiable manner, an offer made.
The contract shall be confirmed in writing, and both parties shall sign it. The buyer shall return the contract duly signed within seven (7) days of it having been sent to the buyer; otherwise, Clear Channel Finland Ltd shall have the right to release the space reserved by the buyer and place it on sale again. When ordering an advertising period, the buyer is required to indicate the product to be advertised and the name of the advertiser. Parallel series may include simultaneous advertising of the same product group.
2. ADVERTISING PERIODS
All advertisement product sets will be leased in periods of one or several calendar weeks. Billboards will be posted between Saturday 15 o’clock and 24:00 the following Tuesday. Adshels and Big Lights will be posted between Sunday and Monday 24:00. Other advertisement products will be posted between Saturday and Monday 24:00. Individual advertisement sites will be posted in a manner that is agreed on separately.
3. RIGHT TO DEPART FROM THE CONTRACT
Clear Channel Finland Ltd shall have the right to depart no more than ± 5 % as regards the number of advertising spaces in relation to the number of advertising spaces as per the contract with the contract remaining unchanged in other respects. The number of advertising spaces can be greater than that mentioned in the contract, e.g. because of new contracts, or smaller than that mentioned in the contract for reasons beyond the control of Clear Channel Finland Ltd, e.g. due to maintenance work being done on transit rolling stock (e.g. trams, underground train, buses), traffic arrangements or other reasons.
4. CANCELLING OF THE CONTRACT
Should the buyer cancel a campaign based on contract, Clear Channel Finland Ltd shall invoice the buyer for 20 % of the price of the cancelled contract. Should the buyer cancel a campaign based on contract later than twelve (12) weeks prior to the commencement date of an advertising campaign, Clear Channel Finland Ltd shall invoice the buyer for the full price of the cancelled contract. Cancellation of a contract shall be made in writing.
5. FEES AND INVOICING
Clear Channel Finland Ltd has a right to update the fees of the contract at the beginning of each new contract period. Clear Channel Finland Ltd shall notify the buyer of the updated fees prior to the commencement of the new contract period. The buyer/Agency confirms that it is satisfied that all parties that it deals with (including advertisers with whom it deals directly) in the outdoor advertising market are aware of the fee and rebate arrangements which operate in that market including a media agency insentives. For production billing Clear Channel may use external partners.
6. TERMS OF PAYMENT
The term of payment shall be fourteen (14) days net unless otherwise agreed upon between the parties. The interest rate on overdue payment shall be payable in accordance with the currently valid Interest Act (Korkolaki, 633/1982).
7. PRINTING OF ADVERTISING MATERIAL
The advertising material ready for production must be at Clear Channel Finland material portal not later than 12 noon on Friday, two (2) weeks prior to the agreed starting date of the campaign. Billboards material to be delivered on Friday, three (3) weeks prior to the start of the campaign. If the material is submitted after the above deadlines, is added to the production costs of 20% of the express delivery extra. The customer is responsible for delays caused additional costs.
Special Placements in respect of the supply of promotional material will be agreed separately. Technical and other details related to the material can be received by Clear Channel Finland Ltd. If the customer printed advertising material itself, the customer is responsible for supplying certain information freely to our warehouse week (1) before the start of the campaign. If the advertising material is different from the Clear Channel Finland Ltd’s own standards and will incur additional costs, the customer is responsible for these additional costs. The customer providing the campaign material will be charged a preparation fee.
8. ADVERTISING MATERIAL STORAGE
Clear Channel Finland Ltd stores defined advertising materials six (6) months time or by the contract. The storage fee is determined on advertising material and storage time. Stored advertising material have the opportunity to take 2-3 playback campaign.
9. DELIVERY OF ADVERTISING MATERIAL
The advertising surfaces ready for production must be at Clear Channel Finland Ltd’s production department no later than seven (7) days before the agreed commencement date of the advertising. If the advertisements are delivered to production later than the said point in time, Clear Channel Finland Ltd cannot guarantee their mounting in time and Clear Channel Finland Ltd shall not be held liable to provide compensation for advertising time lost in this way nor to provide any other compensation to the buyer because of the delay. The buyer shall be held liable for any additional expenses caused by such a delay.
10. DISTRIBUTION OF ADVERTISEMENTS
If the buyer wishes to use more themes during a particular advertising period and wishes to have specific themes in specific spaces, then clear instructions regarding this must be provided to Clear Channel Finland Ltd no later than two (2) weeks before the commencement date of the campaign as per the contract. If the said instructions are not provided by the said time, Clear Channel Finland Ltd shall have the right to evenly distribute the posters or other material among the advertising media.
11. DAMAGE TO ADVERTISING MATERIAL
Clear Channel Finland Ltd shall not be held liable for damage caused by factors beyond its control, e.g. vandalism and weather conditions.
12. CONTENT OF ADVERTISING
In its contracts and agreements with its partners in cooperation and the authorities, Clear Channel Finland Ltd has committed itself to remove such advertisements from its advertising media that cause public disapproval and when a removal request is made. Should a buyer’s campaign be interrupted for these reasons, Clear Channel Finland Ltd shall not be held liable to compensate the buyer for any resultant expenses, costs or losses incurred by the buyer.
13. LIMITATION OF RISK
Clear Channel Finland Ltd shall not be held liable for any consequential or indirect damages with respect to the buyer, e.g. lost revenues or claims made by a third party. Limitation of risk does not apply to damages caused deliberately or as a result of gross negligence.
14. TERM AND TERMINATION
If the contract is agreed to be valid for a period of twelve (12) months the contract shall automatically continue to be in force in twelve (12) month periods unless either party terminates the contract by giving three (3) months written notice prior to the end of the prevailing period. In case the buyer terminates the contract less than three (3) months prior to the end of the prevailing period, Clear Channel Finland Ltd shall invoice the buyer an amount equal to the following three (3) month period. The notice of termination shall be made in writing.
15. FORCE MAJEURE
Clear Channel Finland Ltd shall not be held liable for delays and damages caused by force majeure circumstances. Force majeure circumstances include causes beyond the control of Clear Channel Finland Ltd, which it cannot reasonably be expected to have been take into account when concluding the contract and which prevent Clear Channel Finland Ltd from fulfilling its contractual obligations without Clear Channel Finland Ltd being able to remove such an obstacle through reasonable actions or at reasonable cost.
Force majeure circumstances include wars, revolts, internal restlessness, labour disputes, catastrophes, fires, import bans or other actions by the authorities, interruption in general traffic or distribution of energy. Strikes, lockouts, boycotts and other industrial actions shall also be considered to constitute force majeure circumstances when the contracting party itself is the target of or party to such actions.
A force majeure circumstance affecting a subcontractor of Clear Channel Finland Ltd shall also be deemed to represent grounds for releasing Clear Channel Finland Ltd from its contractual obligations if the subcontracted input cannot be obtained from elsewhere without unreasonable costs or significant delay.
16. ASSIGNMENT OF THE CONTRACT
Clear Channel Finland Ltd shall have the right to assign a contract, along with its rights and obligations, that it has concluded with a buyer to a company belonging to the same group of companies as Clear Channel Finland Ltd.
Clear Channel Ltd shall not be held liable for any power failures in electricity distribution.
18. RECYCLING OF ADVERTISEMENT MATERIAL
Clear Channel Finland Ltd. recycles its advertisement material for environmental reasons. Some of the materials can be reused, for example, in the textile industry, in which case the customer’s advertisement or a part thereof can be in view later on, for instance in durable shopping bags. If the customer does not want such environmentally friendly reuse for such advertisements, the customer must report the issue in connection with the delivery of the production information. VAT reg. no. 0870477-4