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Advertising agreement - Pagini Aurii sites - ANNEX 3

CONTRACTING PARTIES:

SC Pagini Aurii S.A. headquartered in Bucharest, Splaiul Independentei, no. 319, sector 6, as service provider, hereinafter P.A. or Provider, registered with the Trade Register under no. J40/6173/1997, sole registration number 9638143, fiscal code RO, with the following opened accounts:

  • RBS Bank Romania, IBAN RO81 ABNA 4100 2641 0002 6537
  • Credit Europe Bank SMB, IBAN RO46 FNNB 0001 0024 2243 RO01
  • Banc Post Reprezentanta, IBAN RO91 BPOS 8500 2717 824R OL01
  • Transilvania Sucursala Marriot, IBAN RO29 BTRL 0640 1202 8813 37XX
  • D.T.P.M.B. IBAN RO78 TREZ 7005 069X XX00 0701 for Treasury payments

represented by the representative, and the Client having the identification data mentioned in the Purchase Order confirmation.

Art.1. Object of the agreement

Object of the agreement. P.A. publishes for clients one or several online content advertisements, online banners or purchase options for online content advertisements on Pagini Aurii web sites and/or other domains and/or sub domains owned by P.A., in order to advertise and inform about the existence and activity of the clients.

Content and characteristics of the content advertisements, online banners and/or purchase options are detailed in the Order Confirmation - Pagini Aurii sites, Annex 1 - Description of the advertisement - Pagini Aurii sites, Annex 2 - Products and services and Annex 4 - Images - graphics,

The Order Confirmation is certain, precise, complete and, once accepted, it becomes an advertisement agreement, in accordance with Article 35 and the following of the Commercial Code, together with annexes: 1. (Description of the advertisement), 2. (Products and Services), 4. Images - graphics Annex.

Art.2. Obligations of the provider

2.1. To post on Pagini Aurii sites the content advertisements and banners requested by customer, having the graphic shape and specifications/options mutually agreed with the client's representative, within 15 working days upon client meeting all conditions mentioned in article 3.1.

2.2. To maintain active the content advertisements, online banners and options as established in the annexes and for the term established in the contract.

2.3. To make changes after publishing within 15 working days from the request.

Art.3. Obligations of the client

3.1.

  • a) To send by e-mail, fax or mail the annexes applicable for the purchased product (Order Confirmation - Pagini Aurii sites, Annex 1 - description of the advertisement - Pagini Aurii sites, Annex 2 - Products and Services and Annex 4 - Images - graphics).
  • b) to pay the entire value of the agreement.

3.2. Not to claim copyright over online graphics made by P.A. or local positioning data; Pagini Aurii sites and online products present on these sites are owned by P.A. and will remain the property of P.A. This contract does not imply copyright, trade mark or other intellectual property rights transfer.

3.3. To take full responsibility for materials and data it requests to be posted in content advertisements and banners on Pagini Aurii sites.

3.4 To hand over within 60 days upon entering the agreement all data, texts and graphic materials related to the advertisement and/or banners which constitute the object of the agreement or of the annexes mentioned in Article 1.

3.5. To pay the price mentioned in the Order Confirmation, in accordance with the terms established in the Order Confirmation.

3.6. To notify in writing the invoicing department of P.A. if it did not receive the invoice within 15 days since payment, in order to receive a certified copy.

3.7. To mention the contract (contracts) number in the payment documents, for identification.

3.8. To notify the Provider in writing (by fax, mail, e-mail or hand over at Pagini Aurii headquarters) about the request to alter the contract or the annexes mentioned at Article 1, in relation with the images, the text, description of the company, list of products and services, working hours, payment methods and activity field.

3.9. Alteration of the contract and of the annexes mentioned in Article 1 will be made by both parties' agreement.

3.10. The first alteration of the contract and of the annexes, requested by the client, will be free of charge.

3.11. Starting with the second modification of the contract or of the annexes mentioned in Article 1, requested by the client, the prices for every change will be charged, in accordance with the in force prices of the Provider at the date of request, excepting: the address, phone number, e-mail, web site address.

Art.4. Price and payment methods

The Client may order any content product or Pagini Aurii banners, described by the P.A. representative.

4.1. The counter value of Pagini Aurii products will be paid in the Provider's account, in Bucharest.

4.2. VAT will be paid by the client, in accordance with the in force regulations at the moment of payment.

4.3. The price will be paid in RON, in one of the Provider's accounts, opened with the Bucharest banks mentioned in Article 1 of this agreement.

4.4. Payment will be made using one of the following methods:

  • promissory note,
  • bill of exchange,
  • cheque,
  • cash deposit with Banc Post subsidiaries mentioning the contract (contracts) number,
  • payment order.

4.5 If the term it is not mentioned, it is considered to be 15 calendar days.

Art.5. Duration of the agreement, reception and confirmation of permanent display

The contract is concluded and produces effects from the date the Provider receives the Order Confirmation and it is valid for one year starting the date of display (appearance) of the advertisements mentioned in the Order Confirmation on Pagini Aurii sites.

5.1. The date of display (appearance) of the advertisements on Pagini Aurii sites will be notified by P.A. to the customer by e-mail or by mail, 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.

5.2. The client undertakes to confirm of display (appearance) of the advertisements on P.A. sites, by e-mail or mail, if the client does not have an e-mail address, within 3 days from receiving the notice mentioned in article 5.1.

5.3. The parties mutually agree that reception of display of the advertisements on P.A. sites included in the Order Confirmation of the agreement is made on the date of confirmation mentioned in Article 5.2, and if the client does not confirm display (appearance) within 3 days from notice mentioned in Article 5.1, reception of display (appearance) of the advertisements on P.A. sites operates de jure, without any other formalities, on the notice date mentioned in Article 5.1.

5.4. The client states it recognizes the permanent display of the advertisements mentioned in the Order Confirmation of the agreement on P.A. sites, as per article 5.3, and in any other case it undertakes to notify P.A. 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.6. Termination of the agreement

6.1. The contract is terminated upon reaching the term.

6.2. P.A. may unilaterally terminate the agreement, in one of the following situations:

  • a) non observance of the payment obligations on the dates mentioned in the Order Confirmation, the contract is terminated de jure, without any court intervention and without any other formalities, and the advertisements will be removed from the site.
  • b) if the client does not submit, within 60 days from entering the agreement, all data, texts and graphic materials related to the advertisement and/or banners which constitute the object of the agreement.
  • c) if the client does not agree to the alterations requested by Provider in accordance with Article 8.1. Termination mentioned in Article 6.1, letter b and c operates de jure, without any court intervention, with a 5 days prior notice to the client.

6.3. The contract may not be unilaterally altered, after the advertisement was published on the web site, unless by mutual agreement of both parties or observing the contractual provisions.

6.4. The client may notify unilateral termination 15 days prior to publication of the advertisement. Notice must be sent to Pagini Aurii by fax, mail, e-mail or handed over at Pagini Aurii headquarters. Contract termination needs no motivation and it operates de jure, without the intervention of any court.

Art.7. Contractual liability

7.1. If the client observed the contractual obligations and P.A. delayed publishing content advertisements and/or banners on Pagini Aurii sites for more than 60 days, or content advertisements and/or banners are published with characteristics similar to other types of content advertisements and/or banners than the ones mentioned in this contract or its annexes mentioned in Article 1, the client may choose one of the following options:

  • a) To request in writing 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 published with characteristics similar to other types of content advertisements and/or Pagini Aurii banners than the ones mentioned. The reimburse amount may also include penalties of 0.01% calculated to the reimbursed amount.
  • b) To terminate the agreement and request in writing to be reimbursed for the entire paid amount, with 0.01% penalties/day calculated to the entire amount, starting the day the money entered the account. The client states, irrespective of the option it chooses, that it has no other claims and the parties agree to limit contractual liability for any other causes to payment of the above mentioned delay penalties.

7.2. If payment is not made on time, P.A. will request the immediate payment of the advertising price, or will use the provisions of Article 6.2. a).

7.3. If the contract is terminated as per Article 6.4. upon request of the client P.A. 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.

7.4. Force majeure and fortuitous cases exonerate of liability the party which invokes it, by written notice through fax, mail, e-mail or handed over at Pagini Aurii headquarters, within 3 days from occurrence.

Art.8. Miscellaneous

8.1. P.A. reserves the right to alter the graphics and the characteristics of the content advertisements, activity fields and any other characteristics of the online product with prior notice to the client.

8.2. P.A. reserves the right to alter P.A. sites and the right to decide the order of posting on site, without prior notice to the client.

8.3. P.A. will not display or will suspend display of content advertisements and/or banners requested by client, if it notices they might cause prejudice, under any form, to natural or legal persons, they would breach in force regulations or would be against moral conduct.

8.4. The client states the following:

  • the advertisements, words or graphics observe the legal provisions, do not cause any prejudice to third parties and takes full responsibility for their content and shape, indemnifying Provider in this respect.
  • recognizes and accepts P.A. 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.
  • understands not to use P.A. made graphics in relation with third parties, without P.A. consent.
  • agrees that data and information mentioned in the content advertisements (text and graphics), as well as its identification data, are stored, processed and publicized. It agrees to receive commercial information, by any communication means which do not require an operator.
  • 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 Pagini Aurii headquarters, which is registered with REPDCP under number 1888/2007.

8.5. Any further information may be obtained using Customer Care Service, phone no 021.20.20.900.

Art.9. Litigation

9.1. 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 Provider's headquarter is located.

9.2. This agreement completes itself with the provisions of the Civil Code, Commercial Code, as well as regulation in force at its signing date.

Art.10. Correspondence

Contact addresses, phone, fax, e-mail:

Provider: Bucharest, Splaiul Independentei, no. 319, sector 6, phone no: 021/20.20.900, fax: 021/316.01.81, e-mail: sales@paginiaurii.ro

Client: in accordance with identification data mentioned in the Order Confirmation.

Confidentiality policy

The confidentiality of your data is very important to us, so we will use the information you provide on you and your company only to help us improve our services for you. We will not transfer or otherwise assign these information to a third party, unless necessary to answer your request. We will use the e-mail addresses only to answer the e-mails you sent us. These addresses will not be used otherwise and will not be made available for other parties.

Links

Our site includes links to other web sites. Please note we are not responsible for the confidentiality practices of those web sites and we advise you to read the confidentiality statements of each site collecting personal data.

Cookies

A "cookie" is an alphanumeric identifier we transfer on your hard disk through the web browser, when you visit our site. It allows our system to recognize you when you visit our site again and allows us to improve the services provided to our users. Cookies may also be used to compile information on the most visited web sites zones. This traffic information will be used to increase the content of our web site and make its use easier. We will not track the pages visited during the visit to our web site. If you want to reject cookies, you may configure your browser to do so.

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.

  1. 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.
  2. 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.
  3. 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:
    1. 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),
    2. 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),
    3. 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),
    4. 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.
  4. 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:
    1. 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;
    2. 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;
    3. the right to request Pagini Aurii to stop, free of any charge, processing his/her personal data;
    4. the right to request Pagini Aurii to stop sending advertising messages.

    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.

  5. 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.
    • 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 clienti@paginiaurii.ro