Terms and Conditions Advertisements | Media Collaboration | Campaigns | Communities

1. Scope

1.1 MindByte Communications Ltd, based in 3085 Limassol, Cyprus (“Media House”), handles the marketing of advertising spaces for various clients (“Client”) across its websites and other electronic media.
1.2 Client-specific terms and conditions are only valid if explicitly accepted by Media House.
1.3 The Media House’s terms apply even if an advertisement order is processed without objection, despite known discrepancies with the Client’s conditions.

2. Advertisement, Media and Campaign Orders

2.1 An “Advertisement Order” refers to contracts for placing advertisements, articles, PR and Event Happenings in digital communication services to disseminate information.
2.2 These Terms exclusively govern all collaboration orders. The Media House does not accept any deviating client terms unless explicitly acknowledged.
2.3 The Media House reserves the right to amend these Terms and will notify clients at least one month in advance. Amendments are deemed accepted unless objected to in writing within four weeks.

3. Advertising Media

3.1 Advertising media may include combinations of images, texts, sound, or video, with interactive elements like links to additional information.
3.2 The Media House may label unclear advertisements as “Advertisement”, „Point-of-View“ or „Part of the Corporate Engagement Programme“
3.3 Acceptable formats are those listed in the current price list. Special formats require prior approval.
3.4 Except otherwise agreed, the copyright of published articles transfers into the domain of the Media House.

4. Contract Conclusion

4.1 Contracts are confirmed via a written acknowledgement (email) from Media House or by order fulfilment.
4.2 Verbal modifications need always written confirmation from the Media House.
4.3 The Media House only accepts advertisements compliant with the law and third-party rights.
4.4 The final approval for all advertisements lies with the relevant Media House.
4.5 When agencies place orders, the contract is assumed with the agency unless specified otherwise.

5. Placement and Timing

5.1 Placement duration is based on the agreed number of contacts or fixed periods. To ensure optimised exposure, the Media House runs general campaigns of a minimum of 2 months.
5.2 Placement directions are followed as closely as possible, and deviations do not alter the contractual obligations of the client.
5.3 Multiple advertisements or articles are rotated as standard unless a specific schedule is provided.

6. Client’s Data Delivery Responsibilities

6.1 Clients must adhere to deadlines and technical specifications for advertisements, including maintaining accessible target URLs. Immediate notification is required for any disruptions.
6.2 Deliverables should be submitted 14 working days before the campaign starts. Clients bear the risk of data loss not caused by the Media House.
6.3 The Media House is not liable for returned or stored advertisement materials after three months from the last distribution.
6.4 With each placement and campaign the Media House guarantees a minimum exposure. To achieve it the Media House is in charge of the complete campaign fulfilment following our credo: “We do the work for you!”
6.5 The Media House provides standard reports for a better understanding of the campaign fulfilment. If needed, this allows the Media House to pursue campaign optimisation for longer campaigns if appropriate.

7. Cancellation and Termination

7.1 Offers in various formats are non-binding and subject to changes. Special offers are binding until the expiry date or for two weeks from the date of the offer if nothing has been specified.
7.2 Acceptance of agency orders is presumed if not rejected within four weeks.
7.3 Cancellations within 5 working days of contract signing are free. Later cancellations incur fees up to the total order value depending on timing.
7.4 Detailed provisions govern cancellation fees and conditions for specific placements and premium positions.
7.5 Against a cancellation fee of 50% of the order value, the client is entitled to cancel the order up to one week after the conclusion of the contract.
7.6 For cancellations after this period, the full booking amount is charged, or a credit for the advertisement volume is issued for booking in the current calendar year.
7.7 The right to cancel expires – contrary to paragraphs 1 and 2 – no later than one month before the contractually agreed first execution date.
7.8 Exclusive Communities Auto-Renew if not terminated 3 months before the end of the contract. Upon discretion, the Media House may accept early termination, with a binding 3-month notice period. Prices and discounts have to be adjusted to the shorter contractual term.

8. Rejection and Blocking Rights

The Media House may reject or block advertisements that violate laws or are otherwise deemed inappropriate. Affected clients will be notified promptly and may submit revised materials.

9. Competition and Confidentiality

Direct competitor advertisements cannot be excluded except in exclusive communities. Disclosure of third-party ad orders before publication is restricted by data protection laws.

10. Rights and Indemnifications

Clients guarantee they hold necessary rights (like on images, copyright, etc.) for the advertisements and indemnify Media House against legal claims arising from violations.

11. Media House Warranty

The Media House strives for the highest quality advertisement reproduction but cannot guarantee error-free outcomes. Specific failures due to technical issues are addressed with possible make-goods or adjustments. There is never a refund but only a replacement is possible.

12. Performance Disruptions

If fulfillment is hindered by factors outside the Media House’s control, such as technical failures or force majeure, efforts will be made to reschedule. Comprehensive details covering scenarios and remedies will be provided.

13. Liability

Liability is limited to foreseeable damages except in cases of gross negligence or statutory liabilities.

14. Pricing

Only the most current price lists apply. Changes are notified in advance and may be contested.

15. Invoicing and Payment
Payments are due upon advertisement publication. Conditions for payment adjustments and procedures are clearly outlined.

16. Payment Issues

Invoices are always due on receipt. The Media House grants a grace period stated on the invoice to make payment arrangements. Delays in payments may lead to additional charges and paused services. They are 50 euros per reminder and 100 euros for a final reminder. Late payments waive all discounts and incur a 15% interest. The interest is charged in recurring quarters of each started month. Advertisements and campaigns must be settled before start except otherwise agreed.

17. Extraordinary Termination

The Media House can terminate contracts immediately under specified conditions, such as repeated breaches or insolvency of the client.

18. Data Protection

All advertising activities comply with applicable data protection laws. The client bears full responsibility for the provided material.

19. Rights Assignment

Clients cannot transfer contract rights without written consent. Media House retains the right to transfer obligations to third parties.

20. Force Majeure

Definitions and implications of force majeure are detailed, specifying circumstances under which obligations may be postponed or nullified.

21. Jurisdiction

Legal proceedings are governed by the location of Media House unless otherwise mandated by law, which is Limassol, Cyprus.

22. Dispute Resolution

The European Commission provides a platform for online dispute resolution, which is accessible at http://ec.europa.eu/consumers/odr/. The Media House opts out of mandatory online dispute resolution platforms but provides information on voluntary participation.

23. Terms Modifications

For existing contracts, clients are informed of any changes to terms, with conditions for acceptance or objection clearly stated. Changes take effect if not contested within a set period.