LUI VANLIFE
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TERMS AND CONDITIONS

ARTICLE 1

INTRODUCTORY PROVISIONS

General Terms and Conditions of DIVERSITY MEDIA, s.r.o., ID No.: 06165231, VAT No.: CZ8507190186 (with registered office at Jugoslávská 16/8, 120 00 Praha 2 Vinohrady). These General Terms and Conditions ("GTC") form an integral part of the advertising contracts and orders concluded by the entity referred to in Article 1 with third parties (hereinafter referred to as the "Contract"). Each Advertising Contract is concluded by DIVERSITY MEDIA, s.r.o. as the publishing house (hereinafter referred to as the "Publishing House"), and a third party, as the customer (hereinafter referred to as the "Customer"), whereby the Contract for the purposes of these Terms and Conditions means any document that meets the parameters of an order for advertising space in media owned by the Publishing House. These General Terms and Conditions also include the Publisher's current price lists, technical specifications, rules for editorial and advertising pages, and special advertising supplements relating to periodicals published by the Publisher (both print and electronic); all of the foregoing documents are available from the Publisher upon request (collectively, the "Other Terms and Conditions"). By signing the Contract, the Customer confirms that he/she has read and understood these GTC and the Other Terms.

ARTICLE 2

ADVERTISING MATERIALS

The Client shall deliver to the Publisher all documents necessary for the publication of the Advertisement as specified in the Contract and the Other Terms and Conditions within the time limit set out in the Contract or the Order, and if no time limit for delivery of the documents is set out in the Contract, within three (3) working days of the conclusion of the Contract. In case of conclusion of the Contract or Order, the subject of which is last-minute advertising performance (advertising performance at a special price of the Publisher), the Customer undertakes to deliver the advertising materials within ten (10) working days from the date of conclusion of the Contract or Order. In the event of the Customer's delay in delivering the advertising materials in this non-standard case, the right to the ordered advertising space shall expire and the Customer shall be obliged to pay the Publisher a cancellation fee of 100% of the price of the ordered advertising performance. The Customer undertakes to deliver the advertising materials in electronic form and, if the situation requires it, also in printed form (especially in the event of pressure to comply with all the requirements for advertising in the Publisher's printed periodicals). By each delivery of the documents, the client always declares and assures the publisher that these documents are not, and that advertising on the basis of them will not, contravene the law or infringe the rights of third parties. In the event that any third party makes any claim against the Publisher in connection with the content or form of the advertisement or any authority takes any action against the Publisher in connection with the same, the Client shall defend the Publisher against such claims or actions at its own expense and indemnify the Publisher against the consequences thereof. This shall include the obligation to initiate proceedings or to intervene in or support the publisher in the proceedings initiated, or to deposit with the publisher, at the latter's request, a reasonable deposit to be justified by the nature and extent of the claims made or the subject matter of the proceedings. The Client acknowledges that the Publishing House will not consider the advertising material in legal terms, relying on the Client's declaration made in the preceding paragraph of this Article 2. However, the Publishing House shall be entitled to reject the Submissions and to invite the Client to modify them if they are manifestly contrary to the law or if they do not comply with the conditions set out in the Contract or the GTC or the Other Conditions. The Client is obliged to modify the advertising materials within three (3) working days of the Publisher's request; if the Client breaches this obligation, the Publisher is entitled to withdraw from the Contract. In the event that the Client requests a change to the Advertisement after it has already submitted the Submissions to the Publisher, the Publisher may allow the change to the Advertisement. If the Publisher does so, the Publisher shall be entitled to demand from the Client an additional advertising fee of 3% of the advertising fee agreed in the Contract, but not less than CZK 500. The Publishing House acquires ownership of the advertising materials at the moment of their receipt from the Client.

ARTICLE 3

PUBLICATION OF ADVERTISING

The Publishing House shall be obliged to publish the advertisement in accordance with the Contract, and if the Contract does not specify the placement of the advertisement, the Publishing House shall be entitled to publish the advertisement at its discretion and according to the capabilities of the periodical. In such case, the Client shall be obliged to pay the price of the advertisement according to its actual placement; if the Contract contains a specification of the placement of the advertisement, the Publishing House shall be obliged to publish the advertisement in the next issue of the relevant periodical in which it is possible to place the advertisement in such a manner. The Publisher is entitled to modify the format of the advertisement so that it is compatible with the format of the periodical in which it is to be published. The publishing house is also entitled to mark the advertisement as an advertisement with an assigned advertisement number. The publishing house guarantees the quality of the advertisement corresponding to the print quality of the relevant periodical and the documents provided by the client.

ARTICLE 4

ADVERTISING PRICE AND PAYMENT TERMS

If the price of the advertisement is not agreed upon in the Contract, the Client shall be obliged to pay the price of the advertisement as set out in the applicable price lists within the meaning of Article 1 of the GTC. Unless otherwise agreed in the Contract, the advertising price is agreed as the basic price, i.e. without any discounts or surcharges and without value added tax. Unless the parties agree otherwise, the Client is obliged to pay the price of the advertisement before its publication on the basis of an advance invoice issued by the Publisher. If the client fails to pay the advertising price properly and on time, the publishing house is entitled to withdraw from the advertising contract. In this case, the publishing house's obligation to publish the agreed advertisement shall cease. The Client shall not be entitled to a discount on the price of the advertisement unless such discount is expressly agreed in the Contract. If the contracting parties have agreed on a discount on the advertising, this agreement on discount shall automatically terminate at the moment when the customer becomes in default of payment of the agreed advertising price. In this case, the Client is obliged to pay the advertising price without the agreed discount on the basis of a newly issued tax document. The Client's obligation to pay any amount of money is fulfilled at the moment of crediting the amount to the Publisher's account. The date of the taxable transaction is the date of the invoice for the advertisement. In the event that the client is in default of payment for the advertisement for more than three calendar weeks, the publisher is entitled to assign the claim to third parties.

ARTICLE 5

LIABILITY FOR DEFECTS

The Client is obliged to notify the Publisher of the defect in the advertisement within fourteen (14) days of the publication of the advertisement, If repeated publication of the advertisement has been agreed in the advertising contract and if the Client has not notified the Publisher of the defect in the advertisement within the time limit referred to in the preceding sentence from its first publication, the Client may not assert claims for defects in subsequent publications of the same advertisement. If the Publishing House fails to publish the advertisement within the time limit agreed in the Contract or determined on the basis of these GTC, the Client shall be entitled to demand that the Publishing House publish the advertisement in the next following periodical in which it is technically possible. This right must be exercised by the Customer within fourteen (14) days of the date on which the advertisement should have been published. Article 3 of the GTC shall apply mutatis mutandis. If the Publisher fails to publish the advertisement in the quality agreed in the Contract or determined on the basis of these GTC, the Client shall be entitled either to an alternative publication of the advertisement within the meaning of the preceding paragraph of this Article 5 or to a reasonable discount on the price of the advertisement. Any discount on the advertisement, or the amount of such discount, shall be determined by the difference between the original agreed price of the advertisement and the price determined on the basis of these GTC or the currently valid price list. The choice of the method of handling liability for defects is up to the publisher. Other claims for liability for defects are excluded. A deviation in the size of the published advertisement of up to 0.5% is not a defect in the advertisement. The publishing house is also not liable for a technological error in the execution of the advertisement which causes a defect in less than 1% of the publication of a particular advertisement or a missing insert in less than 1% of the ordered number of inserts in the issue concerned.

ARTICLE 6

WITHDRAWAL FROM THE CONTRACT

The Publishing House is entitled to withdraw from the Contract if these GTC, general legislation or if the Customer enters into liquidation or is declared bankrupt by a court. The Customer is entitled to withdraw from the Contract if the Publisher enters into liquidation or is declared bankrupt by a court. The Client is also entitled to withdraw from the Contract within the meaning of Section 1992 of the Civil Code, as amended, prior to the publication of the advertisement, subject to the following conditions and upon payment to the Publishing House of the amount of the severance payment set out below:

  • Upon withdrawal from the Contract four (4) weeks or less before the agreed date for publication of the advertisement, by payment of an amount equal to 100% of the agreed price of the advertisement;
  • in the event of withdrawal from the Contract more than four (4) weeks before the agreed date for publication of the advertisement, payment of an amount equal to 50% of the agreed advertisement price.

ARTICLE 7

OBLIGATION OF CONFIDENTIALITY

The Parties agree that all information communicated by them to each other in the conclusion and subsequent performance of this Contract shall be protected as confidential information within the meaning of DIVERSITY MEDIA, s.r.o. (hereinafter referred to as the "General Terms and Conditions") General Terms and Conditions of Advertising Contractual Relations of Advertising Contracts concluded between the Advertiser and DIVERSITY MEDIA, s.r.o., Jugoslávská 16/8, 120 00 Praha 2 Vinohrady, ID: 06165231, VAT: CZ8507190186, are governed, unless otherwise stated, by the General Terms and Conditions of Advertising of the publisher. Any abbreviations introduced by the Publisher's General Terms and Conditions of Advertising shall also apply to this price list. § Section 1730 of the Civil Code, as amended, unless the disclosing party notifies the receiving party that certain information disclosed is not confidential.

ARTICLE 8

CONTRACTUAL CONDITIONS

In the event that the Client breaches its obligation to deliver to the Publishing House timely or modified documents within the meaning of Article 2, third paragraph of the GTC, the Client shall be obliged to pay the Publishing House a contractual penalty of CZK 1,000 for each day of delay. In the event that any statement of the Client referred to in Article 2, paragraph 2 of the GTC proves to be false or incomplete, the Publisher shall be entitled to charge the Client a contractual penalty of CZK 50,000 for each such case of false or incomplete statement. In the event of default in the performance of a monetary obligation, the Client shall be obliged to pay the Publisher a contractual penalty of 0.05% of the amount due for each day of delay. The incurrence of the obligation to pay the contractual penalty or its payment shall in no way affect the right to compensation for pecuniary or non-pecuniary damage caused by the breach of the obligation secured by the contractual penalty.

ARTICLE 9

LIABILITY FOR DAMAGES

The Customer acknowledges and agrees that the Publisher's liability for any damage arising in connection with the performance of the Contract shall be limited to a total amount of CZK 10,000. It is also agreed that the Client shall not be entitled to compensation for loss of profit. The agreed limitation of damages under this Article shall not apply in the event of damage caused by intent or gross negligence.

ARTICLE 10

SPECIAL ARRANGEMENTS FOR ADVERTISING IN ELECTRONIC MEDIA

The provisions of this Article shall apply where advertising is to be published in an electronic medium. In the event of a conflict between the provisions of this Article and other provisions of these GTC, the provisions of this Article shall prevail. The Customer shall be obliged to provide the Publisher with the advertising material only in electronic form. The date of the taxable transaction is the first day of publication of the advertisement. If the advertisement is published for more than one calendar month, the Publishing House shall be entitled to issue a tax receipt for the price of the advertisement at the beginning of each calendar month in which the advertisement is published, the date of the taxable transaction being the first day of each month during which the advertisement is published; the date of the taxable transaction in the last month of publication of the advertisement shall be determined in accordance with the first sentence. The Customer and the Publisher agree that the advertising traffic will be measured using the Google Analytics traffic measurement system and the Publisher's traffic measurement system (Joomla). The Customer and the Publisher agree that for the purposes of determining liability claims, the output from Google Analytics and the output from Joomla shall be decisive. The time limit for notification of defects in advertising is three (3) business days from the last day of publication. In the event that the number of so-called advertising impressions does not reach the value agreed in the Contract, the Client is entitled to either a replacement performance or a discount on the price of the advertisement, the choice of performance being up to the Publisher. The amount of the discount on the advertising price shall be determined as the difference between the actual number of impressions and the number of impressions specified in the Contract.

ARTICLE 11

TERMINATION OF THE CONTRACT

Except in the case of withdrawal from the Contract referred to in Article 6 of the GTC, the Contract may be terminated by agreement of the parties. The Publishing House is entitled to terminate the Contract, which has been concluded for an indefinite period of time or which provides for repeated or long-term performance, at any time, even without giving any reason, with a notice period of three (3) days, starting from the day following its delivery to the Client.

ARTICLE 12

GENERAL CONTRACTUAL PROVISIONS

  • The Advertising Contract shall be governed by the laws of the Czech Republic to the exclusion of its conflict of laws rules.
  • Unless otherwise provided for in the Contract or these GTC, the Contract may be amended or cancelled only in writing.
  • Unless otherwise agreed in a specific case and if the obligation can be fulfilled in several ways, the Publisher has the right to determine the method of performance.
  • The Customer shall not be entitled to assign its claim against the Publisher without the latter's written consent. A similar prohibition shall apply to the set-off of claims by unilateral act.
  • In accordance with Section 89a of the Code of Civil Procedure, as amended, the Customer and the Publisher have agreed on the local jurisdiction of the District Court for Prague 1, if the jurisdiction of the district court is given, or the Municipal Court in Prague, if the jurisdiction of the regional court is given.

ARTICLE 13

VALIDITY AND EFFECTIVENESS OF THESE GENERAL TERMS AND CONDITIONS

The Contract shall be governed by the wording of the GTC and the Other Terms and Conditions in force on the date of its conclusion. The Publishing House is entitled to propose to the Client a unilateral change in the content of the Contract by making it part of the version of the GTC that came into force after the relevant Advertising Contract came into force. The Publishing House shall send the proposal to amend the Contract or the GTC (including the Other Terms and Conditions) to the Client at the contact address specified in the Contract, at least ten (10) days prior to their planned entry into force. If the Client does not agree with the wording of the new GTC, it shall be entitled to terminate the Contract with five (5) working days' notice. Termination of the Agreement must be sent to the Publisher at the contact address Jugoslávská 16/8, 120 00 Prague 2 Vinohrady. If the Customer does not terminate the Contract within (5) days of receipt of the proposal, it shall be deemed to have agreed to the changes to the GTC. These General Terms and Conditions shall come into force on 30 June 2016.