General Terms and Conditions for Advertisers
Le News Sàrl (Issue Date: 15 July 2014)
- Scope of application
These general terms and conditions shall apply exclusively to all relationships between Le News Sàrl and it’s advertisers (each an “Advertiser”) in connection with placement of advertisements in Le News Sàrl’s newspaper “Le News” and any other services or products offered by Le News Sàrl (the “Services”) and form part of the contract concluded between the Advertiser and Le News Sàrl as referred to in clause 2 below. The Advertiser waives the application of its own or any other general terms and conditions.
- Contract term
A contract shall come into force on the day when the Advertiser confirms by email or in writing that it accepts a specific written offer of Le News Sàrl sent by email or in writing for the Services. The terms of the Contract shall be the written offer of Le News Sàrl and these general terms and conditions (the “Contract”). The Contract shall end on the date the Services are completed, unless earlier terminated pursuant to these general terms and conditions.
- Advertisement submission
The Advertiser shall send the advertisement text and printing documents to Le News Sàrl or its nominated third party suppliersinvolved in the advertising and/or printing of the publication “Le News”, in electronic form in “ready-to-print” form in a timely manner to meet the relevant week’s print deadline. Le News Sàrl reserves the right to request changes in content before publication or to refuse publication without stating any reasons, to suspend publication or to alter the information that does not meet the requirements in these general terms and conditions. The Advertiser will be informed by Le News Sàrl if the content is changed and the Advertiser can either accept the changes or the advertisement will be cancelled. Content that is unlawful or infringes the rights of third parties shall not be accepted. In the event of cancellation there will be no right of refund.
For technical reasons and without notifying the Advertiser in advance, Le News Sàrl may bring forward or postpone generally by one issue the publication of advertisements with specified insertion dates, provided that the content does not absolutely require the advertisement to be published on the date specified. Le News Sàrl may mark advertisements with ‘advertisement’ to distinguish advertisements from editorial content. Special placement advertisements will appear in the position stated in the agreed offer. The positioning of all other advertisements is at the discretion of Le News Sàrl.
In the absence of any express agreement, Le News Sàrl is under no obligations to retain or return print material and data submitted in conventional or digital form (artwork, films, photos, etc.).
- Advertiser responsibility
The Advertiser is solely responsible for the timely delivery to Le News Sàrl and accuracy, completeness and error-free state of the advertisement text and printing documents and information provided to Le News Sàrl (the “Advertiser’s Materials). Le News Sàrl is not required to check and shall be entitled to assume that the Advertiser’s Materials are accurate, complete and error-free and Le News Sàrl assumes no responsibility for this. The Advertiser represents and undertakes that the Advertiser’s Materials is true, up-to-date, complete and conforms with all laws, regulations and industry rules and that it does not infringe the rights of third parties or constitute a criminal offence.
If Le News Sàrl detects any improper use, or is notified of unlawful content by an external body, Le News Sàrl reserves the right, either before or during publication, to request changes in the advertisement test and printing materials or to immediately reject, suspend, delete or amend the advertisement text and printing materials. The Advertiser indemnifies Le News Sàrl, its directors, officers, employees and agents, including without limitation its party suppliers involved in the advertising and/or printing of the publication “Le News”, against all claims that are or threatened to be brought by third parties in connection with the Advertiser’s Materials. If action is brought against Le News Sàrl in the courts, the Advertiser is obligated, after a third party notice is issued, to join the proceedings. The Advertiser is obligated to assume and reimburse all court and out-of-court costs, including all legal costs, incurred in connection with the claims of third parties.
5. Prices and payment terms
Unless agreed otherwise in the Contract, Le News Sàrl’s currently valid price list applies for calculating the price of the corresponding Services. Le News reserves the right to adjust the price list to the market and/or price trends by giving notice thereof to the Advertiser. These price adjustments, if not expressly agreed otherwise in the Contract, shall also be applied to ongoing orders. The Advertiser has the right to withdraw from the Contract within two weeks of the new prices being introduced, insofar as they have been applied to its Contract. The prices, if not expressly agreed otherwise, are net in Swiss francs excluding VAT.
Payment of each invoice is 30 days from the date of invoicing, unless otherwise agreed in the Contract. If the Advertiser fails to pay within the payment term, Le News Sàrl may terminate the Contract with immediate effect without providing notice and without liability for damages. In the event of payments not being made on time during the term of the Contract, Le News Sàrl also has the right to suspend publication of the Advertiser’s advertisement. Once all outstanding invoice amounts have been paid, Le News Sàrl may publish the Advertiser’s advertisement in a following issue of “Le News” if the advertisement is still complete, accurate and valid and at Le News Sàrl’s sole discretion. In this event, the Advertiser has no entitlement to the agreed duration of the Contract being extended by the duration of suspension. For overdue invoices, interest on arrears is payable in the amount of 6% per month. In addition, the Advertiser shall pay collection expenses in the amount of CHF 30.00 per reminder. Furthermore, the Advertiser shall bear the costs for the damage incurred by Le News Sàrl from the late payment and/or the cancellation of the Contract.
- No guarantee or liability
The liability of Le News Sàrl is limited to intentional and gross negligence. To the extent permitted by applicable law, Le News Sàrl excludes liability for damages arising from non-contractual, contractual, fault-free or any other type of liability, regardless of whether the damage is direct, indirect, or incidental, consequential or indirect, of whatever type it is, including damages resulting from lost profits, loss of revenue, loss of opportunity, or demands and claims of third parties, even if Le News Sàrl had the possibility to know, or had grounds to know, of such damages, demands and claims. Le News Sàrl rejects, to the extent permitted by applicable laws, any express, legal or implied guarantee or warranty in relation to the Services.
If Le News Sàrl cannot perform its obligations due to events of force majeure such as natural disasters, acts of war, strikes, unforeseen official restrictions, technical failures that are attributable to third parties, the Advertiser shall not be entitled to contract performance for the duration of the event.
7. Intellectual Property
The presentation and all elements of the content of advertisements appearing in the pages containing advertisements in the print publications of “Le News” are protected by the intellectual property laws in force, and belong to Le News Sàrl or are authorised for the use of Le News Sàrl and its party suppliers involved in the advertising and/or printing of the publication “Le News”. Only personal use is permitted, in conformity with the Swiss law in force. No element composed of pages containing advertising or the content of advertising in the paper publications of “Le News” can be copied, reproduced, broadcast, sold, published, edited, misrepresented, transmitted, distributed or exploited in any manner whatsoever, on any platform whatsoever, in partial or complete fashion, without the prior written authorisation of Le News Sàrl.
- Use of advertisement for electronic databases
The Advertiser hereby gives its consent for Le News Sàrl and its third party suppliers involved in the advertising and/or printing of the publication “Le News” to store on its own or external electronic databases and process the Advertiser’s Materials for the purpose of providing the Services. The Advertiser is aware that personal data may also be accessed in countries that have no data protection provisions comparable with those in Switzerland, as a result of which the confidentiality, integrity, authenticity or availability of its personal data is not guaranteed.
- Applicable law and place of jurisdiction
The Contract shall be governed exclusively by Swiss law. Application of the Vienna Sales Convention (CISG) is expressly excluded. The place of jurisdiction is Geneva. Le News Sàrl may also bring suits against the Advertiser where its registered office or place of residence is.
These terms and conditions come into force on the “Issue Date” specified above and replace any previous versions. These general terms and conditions can be amended by Le News Sàrl at anytime. The current version of the general terms and conditions