Terms of Sale

Otavamedia’s General Terms of Sale

These sales terms are applicable when an advertiser, advertising or media agency or some other advertising service company (hereinafter the Advertiser) purchases advertising from Otavamedia Oy or its subsidiaries (hereinafter Otavamedia), its publications, online or mobile websites, newsletters, applications or video services. The Advertiser undertakes to observe these general sales terms and possible special terms agreed separately between the parties when purchasing advertising from Otavamedia.

Materials and definition of a campaign

The Advertiser will give Otavamedia information specified in material guidelines and technical data when reserving advertising. When a contract about a campaign is made, the Advertiser must deliver material in accordance with the technical data and schedules specified in Otavamedia’s guidelines. Otavamedia’s valid material guidelines and technical data can be found at yrityksille.otavamedia.fi/technical information and prices.

A campaign is defined as an entity, if it uses the same material and/or target group and there are seven days or less between displays of the advertising materials. The Advertiser must confirm in writing (for example, by e-mail) the received offer by the final date of validity marked on the offer.

Display guarantee

Otavamedia grants online and mobile media sales campaigns sold on a display basis a display guarantee, with some separately stated exceptions. If a campaign fails to achieve the number of displays purchased by the Advertiser, Otavamedia will continue the campaign until the targeted number of displays has been reached. If the Advertiser and Otavamedia so agree, the number of displays unaccomplished can be compensated for in the next campaign. If the number of displays is less than 5% below the target at the end of the campaign, no compensation shall be given. The campaign display guarantee is verified through an advertising management system used by Otavamedia.

Responsibility for the content of advertisements and advertising material

The Advertiser is responsible for ensuring that its advertising material or that ordered from a partner it uses to be displayed by Otavamedia is in compliance with valid laws, official and self-regulatory guidelines and guidelines issued by Otavamedia. Without any liability for damages, Otavamedia may refuse to display an advertisement if it interprets the material as being contrary to the above-mentioned standards.

The Advertiser is also responsible for ensuring that it has the rights of ownership and/or use of the material, and that no copyright, patent, other intangible right or any other right is infringed by the publication of the advertising material. The Advertiser is liable for all costs arising from the procurement or use of the above-mentioned rights. The Advertiser is also liable for all damages suffered by third parties arising from the infringement of or interference with copyrights, patents, intangible and other rights, and for any claims based on them. Otavamedia is not liable for any costs or damages suffered by the Advertiser or a third party as a result of the infringement of the above-mentioned terms.

Advertising material must be produced according to good taste, and such that it does not arouse any negative attitudes towards the advertising. The advertising material must not be disparaging about a competitor, another product, other sectors, professions or organisations. Advertising material targeting children and young people must take into account the young age of the target group and the fact that the advertisement might influence them by way of example. Some sectors are also subject to special regulations, and pharmaceutical advertisements, for example, must always first be sent to the Supervisory Commission for the Marketing of Medicinal Products for pre-inspection.

Claims and liability for errors + compensation categories

All approved advertisements will be published according to the reservation. Otavamedia is not responsible for the benefits promised in advertisements. The liability of Otavamedia is limited to no more than the cost of the advertisement. Otavamedia is not liable for any loss or damage caused to the Advertiser if the advertisement cannot be published due to production problems or any other operating reason, including strikes.

Otavamedia divides possible printing errors or defects into three different categories:
– A first-degree error is a minor error that does not create any difficulties in understanding the advertisement or reduce its promotional value. However, the advertiser is entitled to demand compensation.
– A second-degree error decreases the advertisement’s promotional value, without nullifying its entire effect.
– A third-degree error substantially reduces the promotional value of the advertisement, and the Advertiser has the right to demand its re-release at no cost.

Any claims connected to the quality of print or the look of the advertisement must be made to Otavamedia in writing within 8 days of the publishing date. The material related to the advertisement must be delivered to Otavamedia with the claim. The liability of Otavamedia is limited to no more than the cost of the advertisement. The customer is responsible for ensuring that the ready-printed inserts are at the magazines printers by the date stipulated. The customer is responsible and liable for any third-party damages and any damages to Otavamedia caused by the inserts.

Data protection and online campaign targeting

The Advertiser must observe the valid Information Society Code, the Personal Data Act and other applicable legislation in its advertisement, on its website and in targeting its advertisement.

The Advertiser particularly undertakes to observe the following requirements:

Cookies: The Advertiser has permission to use cookies or other similar methods of identification in the online and mobile services of Otavamedia for the measurement of the ad displays, reach and conversion of its campaign, taking into account the statutory obligation to inform about the use of cookies.

 

Targeting: Re-targeting based on information concerning Otavamedia’s online or mobile services, their users or ad displays is forbidden, with the exception of the use of targeting based on Otavamedia’s Vainu product.

Programmatic buying: Information concerning Otavamedia’s online and mobile services, their users or ad displays offered may be used exclusively a) to make an offer for the ad display in question, or b) to construct campaign net coverage and global frequency based on the Advertisers data. Re-targeting based on information concerning Otavamedia’s online or mobile services, their users or ad displays is forbidden, with the exception of Otavamedia’s Vainu product.

The assignment and/or linking of information:
Information concerning Otavamedia’s online and mobile services or their users may not be assigned to third parties for their own purposes or linked with any other information.

Otavamedias consent:
Exceptions to the above-mentioned terms require the written consent of Otavamedia.

Users consent:
The processing of the personal data of a user of Otavamedia’s online or mobile service, the linking of personal data with data collected using cookies or other means of identification, or targeting based on location data requires not only the written consent of Otavamedia, but also the express consent of the user of the service or some other legal justification for processing it.

Self-regulation:
The Advertiser undertakes to observe the regulations of the Interactive Advertising Bureaus (IAB) European Framework for Online Behavioural Advertising or other similar valid principles of self-regulation, and to perform the necessary technical and other measures in order to implement these principles.

Competitors advertising

In some situations, the campaigns of the Advertiser and a competitor of the Advertiser may be displayed simultaneously. Otavamedia does not give prior information about the campaigns of competitors and their timing. No compensation will be paid for campaigns that overlap.

Prices and discounts

Otavamedia reserves the right to change its published prices. An increase in prices also concerns advertisement reservations if the Advertiser and Otavamedia have not concluded some other kind of binding contract. The Advertiser is entitled to cancel or curtail an entire advertisement reservation or part thereof within six working days of when it was informed in writing about the increase.

Otavamedia’s publications have list prices, with special issues of certain publications separately priced. Contractual or package discounts can be applied to these prices. Several discounts can never be applied simultaneously. An advertising agency, media agency or direct customer bonus will also be granted on the net price of the advertisement in accordance with the sales terms. The list prices do not include VAT. The VAT is added to the net price to each specific advertisement.

Additional costs arising from laws, regulations or measures by the authorities will increase the prices correspondingly from the date of enforcement. Prices for advertisements in a specific position vary according to each magazine. There is a 10% surcharge for exceptional positions. Advertisements of a special design will be priced separately.

Otavamedia grants a bonus of 5-15% to advertising and media agencies, as well as to direct customers meeting the qualitative and functional criteria during a contractual year. The direct customer bonus is 12%.

Calculating discounts

List price of advertisement
+ Specific position and other increases
– Advertisement-specific discounts (for example. annual contract, package and campaign discounts)
= Net price 1
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– Ad or media agency or direct customer bonus = net price 2

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+ Additional fees (data debiting, additional editions, etc.)

+ Valid VAT = Taxable net price

Quantitative and functional criteria giving entitlement to advertising and media agency commission and direct customer bonus:

  1. Delivery of orders and responsibility for the management of the process – Orders are delivered digitally in accordance with a specified connection interface / EDI / OVT or www channel – In accordance with specifications that define data content

 

Delivery of materials: – The materials are delivered in accordance with set technical guidelines and an agreed timetable – Unique identification data delivered with the material can be used to automate the linking of the material with the advertisement order

Cooperation in media planning – The Advertiser has at its disposal research that supports the reliability and professionalism of its media planning (NRS) with its related supporting software, or the Advertiser can otherwise demonstrate its professional expertise and sufficient resources for the activity

Delay in the submission of advertising materials

Print publications
The publication of an advertisement submitted after the deadline cannot be guaranteed. A fee of €200/item will be charged for material delivered after the deadline for submission. If no material is delivered, the net price of the advertisement will be charged.

Online and mobile media
If campaign material is delivered late, the number of displays of the campaign will be reduced in relation to the length of the delay (invoicing will still be 100%). Otavamedia is entitled to take remedial steps, such as extending the time of the campaign or reducing the number of displays.

Cancellation terms and changes to campaigns
For special reasons, Otavamedia is entitled to postpone or cancel an individual reservation or campaign without liability for damages. In such situations, Otavamedia will immediately inform the Advertiser and try to replace the individual postponed or cancelled reservations or campaigns with something similar.

The Advertiser may not make changes to already reserved campaigns or influence in what editorial connections the advertisement will be displayed, unless otherwise agreed separately.

The Advertiser is subject to the following cancellation terms

Magazines
The cancellation must be made by the reservation date for the magazine issue in question. If the cancellation is made after this deadline, the valid listed price will be charged. In cases of force majeure, cancellations must be made in writing; in such cases, customers will only be charged for the work carried out by the printing house. Cancellations of advertisements to be displayed in specific positions must be made one month before the date of publication.

Advertising inserts
Cancellations must be made one (1) month before the date of publication. After the date for submitting materials, 50% of the price of the cancelled insert will be charged.

Display advertising (desktop and mobile)
If a campaign is cancelled:
– 15-30 days before the start of the campaign, at least 25% of the price is charged
– 7-14 days before the start of the campaign, at least 50% of the price is charged
– less than 7 days before the start of the campaign, 100% of the price is charged

Native
More than 30 days before the start of the campaign, 25%
15–30 days before the start of the campaign, 50%
14 days before the start of the campaign, 100%

If an entire campaign is rescheduled for reasons attributable to the Advertiser (e.g. late delivery of product), Otavamedia will charge a postponement penalty of 25% of the confirmed net price of the campaign.

Invoicing and terms of payment

Unless otherwise agreed, campaigns will be invoiced in advance. A billing surcharge based on the valid price list and the valid rate of VAT will be added to the invoice. Penalty interest will be in accordance with the Interest Act. Notification about an incorrect invoice must be made no later than eight days from the date of the invoice. The term of payment for advertising and media agencies that have made a functional and qualitative contract and meet the creditworthiness criteria (IYN or collateral to Otavamedia) is 14 days -1%, 30 days net. For others, the term of payment is 14 days net. Otavamedia also has the right to invoice for payment in advance. Interest on late payment, 11% per annum.

Bank accounts: (Include reference)
FI86 2400 1800 0198 61
FI74 8000 1700 0511 14
FI09 5000 0120 0009 96
FI07 4055 1120 0363 42

E-invoicing address:
Otavamedia Oy
P.O. Box 298
00026 BASWARE
EDI code: 003701968072 Otavamedia Oy
BAWCFI22

Otavamedias right to use advertising

Aikakausmedia Oy keeps all material transmitted through the Service Centre on its server for a minimum of one (1) year. The repro house also keeps material transmitted directly to it in PDF format for a minimum of one year. Unless the Advertiser has separately prohibited it in writing no later than when it submits the advertising material to Otavamedia, after the first release Otavamedia is entitled to transfer the advertisement to a hard disk or other storage platform, and to use it without liability for compensation in its presentations, training and research as well as on its own internet and extranet pages. Otavamedia is not entitled to use the advertisement for commercial purposes in other communication media.

Force majeure

Matters outside Otavamedia’s reasonable sphere of influence and matters independent of Otavamedia, i.e. all situations that cannot be foreseen, such as strikes, technical disruptions, delays by subcontractors and other similar occurrences lie outside Otavamedia’s liability for compensation. All advertisements are published with this force majeure provision.

Compensation for damages and limitation of liability

The parties are not liable to each other for indirect damages that arise. Otavamedia’s liability for direct damages is limited to the price of the purchased campaign. The aforementioned limitations of liability do not apply if damages are caused by deliberate or gross negligence or by breaching a clause of these sales terms.

Validity and termination of the contract

This contract between the Advertiser and Otavamedia about the purchase of advertising space will enter into force once the Advertiser has approved in writing (e.g. by e-mail). Otavamedia’s offer, or once Otavamedia has confirmed in writing the order made by the Advertiser. The period of validity of the contract shall extend to the end of the campaign period agreed by the parties, unless otherwise agreed separately. If one party acts contrary to the contract and, despite a written warning, fails to rectify the breach within 14 days of having received the warning, the other party is entitled to cancel this contract with immediate effect. The contract may also be cancelled if one party files for bankruptcy, goes into liquidation or experiences other serious financial or operational difficulties, which affect its ability to meet its contractual obligations. Terms which, by virtue of their meaning and context, are meant to remain in force notwithstanding the termination of the contract, will remain in force after its termination or cancellation.

Confidentiality

The parties to this contract undertake to keep secret and not to divulge to third parties nor to use for purposes other than those accordant with this contract materials that they have received from the other party concerning the other party or its operations and marked as confidential or understood to be so. This obligation to secrecy will also remain in force after the termination of the contract for as long as such information is confidential and is not made public by the party that the information concerns.

Collateral

Otavamedia will agree with the Advertiser on arrangements for collateral and payment terms, utilising Otavamedia’s accounts ledger and credit information registers maintained by credit information companies. If the creditworthiness of the Advertiser does not meet the level required by Otavamedia, Otavamedia may require the setting of collateral. If the Advertiser neglects its payment obligation, Otavamedia is entitled to initiate necessary measures to safeguard its position as pledgee, to recover its pledge as it best sees fit and to ensure the payment of its overdue receivables without further hearing the Advertiser in the matter and without any verdict or decision by a court.

Subcontractors

The Advertiser is responsible for ensuring that any possible subcontractor is also aware of the terms of this contract and that it observes them. The Advertiser is as responsible for the deeds of its subcontractors and the systems they use as it is for its own.

Transfer of contract and advertising space

Otavamedia may transfer this contract and its related rights and obligations to another company within the Otava Group and, in connection with a transaction or some other corporate reorganisation, to a company to which Otavamedia’s contract-related business is being transferred. The Advertiser may not transfer the contract or any advertising space that it reserves to a third party without the prior written consent of Otavamedia.

If any disputes arise between the Advertiser and Otavamedia, which cannot be agreed upon, such disputes will be resolved by the Helsinki District Court.

Otavamedia reserves the right to change these general sales terms.