Terms and Conditions

Use of GATE4AD s.r.o. services via websites (URL) www.gate4ad.com

The operator of the website and platform www.gate4ad.com is GATE4AD s.r.o., registered office at Jindřišská 16/937, 110 00 Prague 1, Company ID No.: 096 57 584, registered in the Commercial Register maintained by the Municipal Court in Prague under File No. C 339843, contact e-mail: info@gate4ad.com, contact phone: 773 857 224.

Version valid from 1/6/2021

    1. Basic Provisions

1.1.      The Terms and Conditions include the regulation of the basic rights and obligations of the Provider, Visitors and Users (as defined below). The Privacy & Cookies Policy forms an integral part of the Terms and Conditions.

1.2.      The Provider is the operator of the GATE4AD.COM advertising purchase platform – the first European electronic system for the purchase of advertising space on all media – The #1 European Media Sales Platform, through which the Provider (as defined below) (i) offers the sale of advertising space in television, radio, digital, print, outdoor and other advertising media of Partners (as defined below), not only in the Czech Republic but also in other European countries; and (ii) provides other related services to Users (as defined below) according to the Provider’s current offer on the Portal (under the terms defined below).

1.3.      The current version of the Terms and Conditions is freely accessible at (URL) www.gate4ad.com.

1.4.      The Terms and Conditions govern the rights and obligations of Visitors and Users (as defined below) in connection with the operation of the Portal and the use of the Provider’s Services (as defined below), as well as other related legal relationships.

1.5.      Matters not regulated in the Terms and Conditions, unless agreed otherwise by the Parties, shall be governed by the Civil Code (as defined below) and other provisions of generally binding legal regulations. In the event of a conflict between the Provider’s and User’s partial agreement (as defined below) and the provisions of the Terms and Conditions, such partial agreement shall prevail, if it has been entered into in writing or through the Portal (as defined below).

1.6.      For the purposes of these Terms and Conditions, the following terms have the following meanings:

1.6.1.      “Copyright Act” means Act No. 121/2000 Coll., on Copyright, on Rights Related to Copyright and on Amendments to Certain Acts (Copyright Act), as amended;

1.6.2.     “Code” means the Advertising Code issued by the Advertising Council in accordance with Article III of the Advertising Council's Articles of Association (all available at www.rpr.cz);

1.6.3.     “Visitor” is any natural person or legal entity who enters the Portal;

1.6.4.     “Civil Code” means Act No. 89/2012 Coll., the Civil Code, as amended;

1.6.5.     “Order” means the User’s specified demand for the purpose of ordering the Service. The User creates the Order within the Portal in their User Account;

1.6.6.     “Partner” means a business partner of the Provider who, based on a contract concluded between the Partner and the Provider, allows the Provider to provide the Services to Users in its own name and on its own account;

1.6.7.     “Conditions” mean an integral and binding compilation of these General Business Terms and Conditions, the Privacy Policy and the Cookies Policy;

1.6.8.     “Portal” means the advertising purchase platform operated by the Provider on the website located at (URL)www.gate4ad.com;

1.6.9.     “Provider” means the Provider of Services at the Portal, which is GATE4AD s.r.o., with its registered office at Jindřišská 16/937, 110 00 Prague 1, Company ID No.: 096 57 584, registered in the Commercial Register maintained by the Municipal Court in Prague under File No. C 339843, acting within its commercial or other business activities;

1.6.10.  “Service” means a service or a set of services provided by the Provider on the basis of a User’s Order made through the Portal, consisting in the sale of advertising space in television, radio, digital, print, outdoor and other advertising media of the Partners, not only in the Czech Republic but also in other European countries, and in the provision of other related services, if required, according to the Provider’s current offer of services on the Portal.

1.6.11.  “Contract for the Provision of Advertising Services” means the contractual relationship between the User and the Provider established at the moment of confirmation of the Order by the Provider.

1.6.12.  "User” means a Visitor who has created their User Account by registering on the Portal.

1.6.13.  “User Account” means the User’s customer account created on the Portal through which the User may, among other things, place a Service Order and monitor the status or other parameters of their Orders.

1.6.14.  “General Terms and Conditions” mean these General Terms and Conditions, which together with the Privacy Policy and Cookies Policy constitute the Conditions;

1.6.15.  “Customer Protection Act” means Act No. 634/1992 Coll., on Consumer Protection, as amended;

1.6.16.  "Advertising Regulation Act" means Act No. 40/1995 Coll., on the regulation of advertising and amending and supplementing Act No. 468/1991 Coll., on the operation of radio and television broadcasting, as amended.

     2. General Arrangements on the Use of the Portal

2.1.      By entering the Portal or by any other use of the Portal, you become a Visitor. A Visitor is obligated to familiarise themselves with the Conditions.

2.2.      By entering the Portal and using the Portal in any way, you agree as a Visitor to the Conditions and undertake to comply with the rules set forth therein, including any rules and other conditions referred to in these Conditions. If a Visitor does not agree with the Conditions, they are not authorised to use the Portal.

2.3.      The Provider is the owner of the Portal. The Portal is a copyrighted work and database within the meaning of the Copyright Act. The Provider exercises all property rights relating to the Portal and its contents, or is otherwise entitled to use them.

2.4.      The contents of the Portal may not be stored, modified or disseminated, and no other property rights to the contents of the Portal may be exercised unless the Provider has given prior written consent to such action.

2.5.      Use of the Portal is free of charge. However, Visitors are responsible for the costs incurred in connection with the implementation of the access to and use of the Portal (costs of internet connection, etc.).

2.6.      The Provider makes the Service offer available to Visitors on the Portal. The prices specified in the Service offer are not legally binding and may be changed until the Order is confirmed.

2.7.      Based on the published offer of the Services at the Portal, a Visitor shall not be entitled to the conclusion of a Contract for the Provision of Advertising Services or any other performance. The Visitor acknowledges that the data provided on the Portal is only informative.

2.8.      Purchase of the Service may only be performed and the Service may be used by Users on the basis of a confirmed Order and subject to the fulfilment of the conditions specified in Article 3 of these General Terms and Conditions.

3. User Account and Order

3.1.      A Visitor wishing to purchase the Service offered by the Provider is obligated to register on the Portal, thereby creating a User Account. The User is entitled to cancel their User Account at any time.

3.2.      The Visitor is obligated to forward to the Provider, as part of the User Account registration process, all data required by the Provider for this purpose, and also undertakes to ensure that such data, as well as any other information provided to the Provider, is complete, accurate, true and up-to-date. In the event of any future change in the provided data, the User shall be obligated to immediately inform the Provider thereof. As part of the completion of the registration process as well as the creation of any individual Order, the Provider may require verification of the User’s identity by means of the User’s telephone number.

3.3.      To create an Order in the User Account, the User is obligated to specify the parameters of the requested Service according to the displayed form, i.e., usually the country in which the Service is requested to be provided, the required type of media through which the Service will be provided, the length of the Service provision, the target group, as well as other parameters of the demanded Service. The specification also includes a description of graphic documents, if they are necessary for the provision of the Service.

3.4.      The Provider is entitled to reserve provision of certain types of Services or a certain combination of Services for selected groups of Users depending on the Provider’s current service offer.

3.5.      Upon completion of the specification of parameters of the enquired Service, the User has the option to check and change. If necessary, the parameters of their Order (modify the Order); upon completion of the specification of the Order, the final price for the ordered Service will be shown to the User. Subsequently, the User confirms the Order using the "Place Binding Order" button or another button or reference with similar meaning (if the Portal is edited in the future) and the Order will be sent to the Provider.

3.6.      By sending an Order, the User makes a binding and irrevocable order with the Provider for the specified Service and expresses their consent to the payment of the specified price of the Service, which is specified in relation to the selected parameters.

3.7.      The Provider shall confirm receipt of the Order to the User without delay after receiving it, and namely by electronic mail to the e-mail address specified by the User in their User Account or their Order. Confirmation of receipt of an Order is not an acceptance of the Order by the Provider.

3.8.      The Provider reserves the right not to accept the received User Order, even without stating a reason, and in particular because the ordered Service is currently unavailable with the respective Partner or all Partners under the given terms and conditions, or if the User is a person who has previously committed a substantial breach of the Contract for the Provision of Advertising Services, another contract with the Provider or Partners or these General Business Terms and Conditions, or a person who is in default of settlement of the payables towards the Provider or any of the Partners. The reason for not accepting a User’s Order may also consist in other legitimate interests of the Provider or the Partner. The Provider shall inform the User of the non-acceptance of the Order without undue delay by e-mail, via the latter’s User Account or otherwise, and if it is possible to remedy the reason for non-acceptance of the Order, the Provider shall inform the User of the procedure for such remedy.

3.9.      For the purpose of acceptance of an Order, the Provider may request from the User additional specification of the demanded Service.

4. Agreement on the Provision of Advertising Services

4.1.      A contract on the provision of advertising services, or another contract the subject of which is the ordered Service, is concluded between the Provider and the User at the moment when the User receives confirmation of the acceptance of the Order by the Provider (the acceptance may be done by e-mail or via the Portal in the User account). This shall create an obligation for the Provider to arrange for the ordered Service in accordance with the Contract on Provision of Advertising Services, or another contract the subject of which is the ordered Service, and these General Business Terms and Conditions, and the User shall become obligated to pay the price of this Service and provide all supporting documents for its implementation, also in accordance with the relevant Contract and these General Business Terms and Conditions. The Provider and the User declare that they act in their business activities or within the independent performance of their profession when entering into the Contract for Provision of Advertising Services, and thus they are entrepreneurs pursuant to the Civil Code.

4.2.      After acceptance of the Order by the Provider, the User shall be obligated to pay the full price of the Service within 48 hours, and may do so depending on the amount of the payment to be made by means of (i) online payments made via the payment gateway to the Provider’s bank account specified in the payment gate, or (ii) by electronic transfer of funds based on the form of the invoice received from the Provider for this purpose via e-mail after sending the Order to the Provider’s bank account specified in the invoice. The Provider reserves the right to disable any of the aforementioned payment methods if necessary. Proper and timely payment of the Service price in full is a precedent condition for the provision of the Ordered Service, or for any other performance by the Provider (hereinafter referred to as the “Precedent Condition”).

4.3.      In the event that the User fails to comply with the Precedent Condition in a proper and timely manner, the Provider and the User agree on the termination of the concluded Contract on the Provision of Advertising Services, or any other contract to which the Precedent Condition was a part, and on the termination of all obligations under the relevant Contract, at the time of expiry of the term for fulfilment of the Precedent Condition. However, the termination of the relevant contract and the expiration of the obligations arising from it shall not affect the Provider’s right to compensation for damages in full if the Provider incurs any damage in this connection.

4.4.      Upon payment of the price of the Service, the User is asked to insert/load graphic or audio-visual documents for ordered advertising into the Platform corresponding to the parameters of the Service according to the Order. The User is obligated to upload/insert the source materials into the Platform in accordance with the instructions received in a proper, and timely manner, to the necessary extent and in an adequate quality and format for the possible implementation of the Services and in accordance with the requirements under Article 5 of these General Business Terms and Conditions below.  The User acknowledges and agrees that if they fail to provide the relevant source documents in full compliance with the requirements of the previous sentence (or any of them), the Service may not be provided with the agreed parameters, at the agreed price, or it may not be provided to them at all, whereas in such case the User and the Provider have agreed that the User shall not be entitled to be refunded the paid price of the non-provided Service and the Provider shall be entitled to retain this amount as a lump sum compensation of the costs incurred by the User in connection with the ordered Service preparation and the efforts made in connection with the provision of the Service. The payment of the lump sum compensation according to the previous sentence does not release the User from the obligation to compensate the Provider for any related harm to the extent exceeding the lump sum compensation.

4.5.      Within 30 calendar days of the termination of the Service provision, the User Account shall automatically generate a document entitled “Aggregation of Advertising Campaign” containing the so-called post-buy media analysis.

4.6.      The Contract on the Provision of Advertising Services, or any other contract entered into through the Portal, shall be governed by the laws of the Czech Republic.

5. Source Documents for the Service

5.1.      The User represents and undertakes that the graphic, audio-visual or other source documents supplied by the User for the purposes of performing the ordered Service or Services do not conflict with the Code, the Advertising Regulation Act, the Consumer Protection Act and other generally binding legal regulations or other applicable rules, taking into account in particular the platform, location (locality) and groups of persons concerned with the respective advertising that is the subject of the Service, or who is to be focused on, and that:

5.1.1.     they do not unduly interfere with copyright, rights associated with copyright or other intellectual property rights of third parties;

5.1.2.     they do not contain erotic and/or pornographic content, do not depict cruelty to animals, do not encourage or promote a criminal offence and do not approve it, do not encourage hatred against a group of persons or restrict their rights and freedoms, do not suppress the rights and freedoms of humans and do not support and/or promote the movements leading to the above;

5.1.3.     their publication does not meet the characteristics of unfair competition pursuant to Section 2976 et seq. of the Civil Code;

5.1.4.     do not harm the good name and/or reputation of the Provider or the Partner;

5.1.5.     do not promote entrepreneurs who are in a competitive relationship with the Provider or its services.

5.2.      If any damage occurs in connection with the disclosure of the provided documents to the Provider, the User who provided these documents to the Provider undertakes to compensate the Provider for such damage in full.

     6. Rights and Obligations of the Visitor and User

6.1.      The Visitor or the User represents and undertakes to the Provider that:

6.1.1.     all data supplied to the Provider is complete, accurate, true and up-to-date;

6.1.2.     Before commencing the use of the Portal and the Services, they thoroughly studied these Conditions, fully understand them and agree to them;

6.1.3.     if the User is a legal entity, a person acting on behalf of the User is entitled to act, and the User, who is a natural person, is fully capable of legal action or is represented by a legal representative.

6.2.      When using the Portal and the Services, the Visitor or the User is obligated to comply with generally binding legal regulations and respect the rights of the Provider and third parties. In particular, the Visitor or the User may not:

6.2.1.     use the Portal and Services in contradiction with the Conditions;

6.2.2.     use the Portal and Services in a manner capable of damaging the Provider, other Visitors, or the User and/or third parties;

6.2.3.     copy the Portal, modify the contents of the Portal and/or of the system that executes the transfer from the Portal to third parties, or to the Portal and/or system that executes the transfer from the Portal to third parties, in any way interfere with, endanger and/or disturb its operation;

6.2.4.     use mechanisms, software or other procedures that could have a negative impact on the operation of the Portal, including mass collection of data from the Portal through so-called scraping (unless the Provider’s prior written consent is obtained).

6.3.      The Visitor, or the User, shall be liable for any direct or indirect harm or damage caused by the Visitor or the User’s acts (including omissions) contrary to these Conditions of the generally binding legal regulations.

     7. Exclusion of the Provider’s Responsibility for the Operation of the Portal

7.1.      The Provider does not provide any guarantees regarding the Portal to the Visitor or the User, in particular no guarantees regarding the functionality and availability of the Portal. In particular, the Provider does not guarantee to the Visitor or the User that:

7.1.1.     The Portal will be available on a continuous basis 24 hours a day and seven days a week;

7.1.2.     The Portal shall be fully functional throughout the availability of the Services.

7.2.      The Provider shall not be liable for any direct or indirect harm or damage suffered by the Visitor or the User in connection with the use of the Portal. In particular, the Provider shall not be liable for any direct or indirect damage or damage caused by:

7.2.1.     non-functionality, unavailability or poor availability or functionality or speed of the Portal, interruption of operation and/or failure of the Portal;

7.2.2.     implementation of the access and use of the Portal;

7.2.3.     computer viruses;

7.2.4.     Misuse of the Portal by a Visitor or a User or third parties;

7.2.5.     failure to deliver or store, or loss of any graphic material;

7.2.6.     termination of the operation of the Portal.

7.3.      Clicking on the links on the Portal may result in the Portal being left, or the User being redirected to third-party websites. In relation to the websites of third parties according to the preceding sentence, the Provider shall not be responsible and shall not be liable to the Visitor or the User for any direct or indirect damage or damage incurred in connection with them. The Provider recommends the Visitor or the User to become familiar with the terms of use, business conditions or other conditions of operators of such third party websites. This paragraph shall apply, inter alia, to the payment gate through which the User may pay for the ordered Services; the User acknowledges that the payment gate to which they are redirected from the Portal is operated by a third party and that the use of the payment gate is governed by the terms and conditions of the payment gate operator, which the User undertakes to read and comply with prior to its use.

    8. Liability of the Provider for the Provision of Services

8.1.      The Provider is obligated to provide the User with the Services in a proper and timely manner based on the accepted Order, provided that all conditions and obligations on the part of the User are fulfilled.

8.2.      If the Services are not provided in a proper and timely manner, although the User has duly and timely fulfilled all conditions and obligations on the part of the User, the User shall have the right to the Provider’s liability for defective supply.

8.3.      The User shall be obligated to exercise the right to the Provider’s liability for defective supply with the Provider via its User Account without undue delay after the User has become aware of the defective supply of the Provider. The Provider shall assess the exercise of responsibility received without undue delay after receiving it, no later than within 30 days, and shall notify the User of the outcome of the assessment.

8.4.      If the Provider recognises the User’s right due to defective performance, the User shall be alternatively entitled to the performance consisting in:

8.4.1.     additional provision of the original Service under the original conditions; or

8.4.2.     provision of another Service from the Provider’s current offer of the value as the original Service according to the Provider’s current capacities.

8.5.      The User is obligated to notify the Provider of the choice of the right according to Article 8.4 above via their User Account no later than within 5 business days after receiving the Provider’s notification granting the Provider the right due to defective supply pursuant to Article 8.3 above.  In the case of a vain expiration of the time limit according to the preceding sentence, the User’s right to any supply from the Provider resulting from the right due to defective supply shall expire.

8.6.      If the supply specified in Article 8.4 of these General Business Terms and Conditions is not performed by the Provider within a reasonable period after the Provider has been notified of the selected supply pursuant to Article 8.5 above, the User shall become entitled to financial compensation in the form of a receivable from the Provider.

8.7.      The User and the Provider have agreed that the receivable under Article 8.6 of the General Business Terms and Conditions may only be exercised against the Provider by means of a voucher for the Services in the nominal value of the defective Service provided, which the Provider is obligated to issue to the User within 14 calendar days of the date of establishment of the claim and which the User may only use via the Portal. The Provider is entitled to limit the validity of the issued voucher, which must not be less than 1 month from the date of issuance.

8.8.      The User is entitled to pay the price of the Service on the basis of any future confirmed Order made during the period of voucher validity by means of a voucher up to the amount of its nominal value. The voucher may only be used once, and even if the entire nominal value of the voucher is not used, the voucher shall expire upon its use.

     9. Final Provisions

9.1.      The Provider reserves the right to terminate the operation of the Portal at any time without compensation.

9.2.      The Provider reserves the right to restrict or terminate the User’s access to the Portal at any time.

9.3.      Unless agreed otherwise (or otherwise specified in these General Business Terms and Conditions), all communications between the Provider and the User must always be delivered via the User Account. In cases where a form or method of communication is required by a generally binding regulation or agreement between the Provider and the User, the communication requirements of which are not met by the User Account, communication will take place in writing and be sent by registered mail through the postal service provider. The contact addresses of the Provider are listed on the Portal and the User within their User Account.

9.4.      The Provider reserves the right to modify the Portal, its scope and functionality at any time and in any manner, even without prior notice of the User. The User shall not be entitled to compensation for any direct or indirect harm or damage resulting from modifications of the Portal.

9.5.      The Provider reserves the right to unilaterally change or supplement the wording of the Conditions at any time. The Provider shall inform the User of the change of the Conditions on the Portal or in another appropriate manner so that the User may read the current wording of the Conditions without undue difficulty. The Conditions become effective at the moment of their publication on the Portal (unless a later date is specified). If the User does not agree with the changes to the Conditions, the User shall refrain from using the Portal after the date specified by the Provider as the effective date of the changes to the Conditions. The amendment of the Conditions shall not apply to contracts already concluded for the provision of advertising services.

9.6.      All contracts and documents related to the use of the Portal and Services are archived by the Provider in electronic form and are not publicly accessible.

9.7.      All legal relationships arising from or in connection with the Portal or the Services and their use shall be governed by the laws of the Czech Republic, regardless of where the access and use of the Portal was made, or in which country the Services were provided.

9.8.      The Visitor and/or the User acknowledges and agrees that the rights and obligations associated with the Portal and/or Services under these Conditions may be transferred to third parties in accordance with generally binding legal regulations. The transfer or passage of rights and obligations of the Provider shall not affect the validity and effectiveness of these Conditions.

9.9.      The User is not entitled to assign the rights or obligations arising in connection with the use of the Portal, Services or Contracts for the Provision of Advertising Services (or the Contract as a whole) to another person without the Provider’s prior written consent.

9.10.   If any provision of the Conditions is or becomes invalid, ineffective or void, a provision shall enter into place instead of such provisions, the meaning of which shall be as close as possible to the invalid provision. The invalidity or ineffectiveness of any provision shall be without prejudice to the validity and effectiveness of the other provisions.

9.11.   The competent courts of the Czech Republic shall be used to resolve any disputes between the Provider and Visitor or User arising in connection with the use of the Portal and/or Services by the Visitor or User.

9.12.   These General Terms and Conditions take effect on 1/6/2021.

GATE4AD s.r.o.