Agreement for the provision of advertising services in the newspaper. Agreement for advertising in the newspaper. Internet Advertising Agreement

Society with limited liability Publishing house "Gramota" invites an indefinite number of persons to conclude this agreement on paid publication of printed materials in periodicals "Almanac modern science and education "," Pedagogy. Questions of theory and practice "," Philological sciences. Questions of theory and practice "," Manuscript "(hereinafter referred to as the Agreement) on the following conditions:

1. Terms used in the Agreement

Author - the direct creator of the Article.
Edition - any of the periodicals: "Almanac of modern science and education"; "Pedagogy. Questions of theory and practice"; "Philological sciences. Questions of theory and practice"; "Manuscript" specified by the Customer in the Application for the publication of the Article.
Act - a document confirming the fact of provision of Publishing Services by the Publisher to the Customer.
Customer - The Author of the Article, who pays for the Publishing Services, or any third party, in agreement with the Author, provides the Article of this Author to the Publisher for publication and pays for the Publishing Services.
Request - the Customer's request to the Publisher about the possibility of publishing the Article, includes: directly the text of the Article, drawn up in accordance with the requirements of the Publisher; information about the authors of the article; supporting documents.
Publisher - LLC Publishing House "Gramota", which is the founder and publisher of the Edition.
Publishing services - publication for a fee of the Article by the Publisher in the Edition, including the preparation of the Article for publication, reviewing, provision of copies of the Edition and their delivery for a fee according to the Customer's Application.
Article - any printed material sent for publication in the Edition.

2. Rights and obligations of the Customer and the Publisher

2.1. The customer is obliged:
2.1.1. Correctly fill out the Application for the provision of Publishing Services in accordance with the requirements specified on the Publisher's website.
2.1.2. Provide the Publisher with their own details for issuing an invoice for payment for Publishing services (if the Customer is a legal entity or an individual entrepreneur).
2.1.3. Pay for publishing services in the manner prescribed by the Agreement.
2.1.4. Sign the Act provided by the Publisher and send one copy of the Act to the Publisher.
2.1.5. Follow the ethical principles that should guide the author of scientific publications posted on the Publisher's website.
2.2. The Customer has the right to send to the Publisher a reasoned claim regarding the quality of the Publishing Services provided by the Publisher within 1 (one) calendar month from the date of publication of the Article in the Edition.

2.3. The publisher is obliged:
2.3.1. Send to the Customer via email or facsimile a completed payment document or invoice (for Customers - legal entities and individual entrepreneurs) to pay for Publishing Services.
2.3.2. After receiving the full payment of the cost of Publishing services, publish the Article in the next emerging issue of the Edition, which will correspond to the subject of the Article to be published, or the edition number chosen by the Customer in agreement with the Publisher.
2.3.3. In accordance with the Customer's Application, send to the postal address specified by the Customer in the Application, the Edition number (or part of it, if the Edition number consists of several parts) containing the published Article of the Author, no later than 1 (one) calendar month from the date publication of the relevant Article.
2.3.4. Fix it yourself and at the expense own funds deficiencies in the quality of the Publishing Services indicated in the Customer's reasoned claim.

2.4. The publisher has the right:
2.4.1. Carry out literary editing of the Article independently, without changing its fundamental provisions, or review the Article and invite the Customer or its Author to make the necessary changes, while the publication of the Article by the Publisher will be made only after the necessary changes are made.
2.4.2. Refuse the Customer to publish the Article and terminate the Agreement unilaterally and out of court in the following cases:
1) The article does not correspond to the subject matter of the Edition or any part of it;
2) if there is a recommendation from the reviewer to reject this Article;
3) Articles of this Customer were previously rejected for any reason;
4) if there is a debt of the Customer to the Publisher for previously rendered Publishing services;
5) the design of the Article does not meet the Publisher's requirements published on the Publisher's website;
6) The article cannot be published due to the ban on the publication of the information contained in it, established by the regulatory legal acts of the Russian Federation;
7) if the Customer fails to comply with the obligations under the Agreement.
2.4.3. Independently determine the circulation of the Edition in which the Article will be published, as well as reprint such circulation in the amount required by the Publisher.

3. Cost and settlement procedure

3.1. The cost of the Publishing Services is determined by the Publisher independently according to the prices in force with the Publisher at the time of sending a payment document or invoicing.
3.2. The cost of the Publishing Services is determined by the Publisher in the payment document or invoice. The cost of the Publishing Services indicated in a specific payment document or invoice is final and cannot be changed.
3.3. Payment for Publishing Services is made by the Customer by transferring the full amount of money specified by the Publisher in the payment document or invoice to the account of the Publisher.

4. Special conditions

4.1. The Customer warrants to the Publisher that the Author of the Article has the exclusive copyright to the Article; The article, the rights to use of which have been transferred to the Publisher under the Agreement, is the original work of the Author; The article has not previously been published in other print and electronic publications; the publication of the Article in the Edition will not violate anyone's copyright or property rights transferred by the Author of the Article under the author's agreement in relation to the published Article; The article contains all references to the cited authors and (or) publications provided for by the regulatory legal acts of the Russian Federation, as well as the results and facts used in the Article, obtained by other authors and (or) organizations; The article does not contain information constituting a state or commercial secret; in relation to the Article there are no restrictions (prohibitions) on its publication.
4.2. The Customer bears responsibility for the content of published materials.
4.3. If there are grounds, the Publisher has the right to withdraw the article from publication (retraction) in accordance with the procedure published on the Publisher's website. Payment for the publication of retracted articles is not refundable.
4.4. In the event that the Customer incurs any losses to the Publisher in connection with the execution of the Agreement, the Publisher has the right to demand from the Customer (if the latter is guilty of such losses) compensation for the corresponding losses.
4.5. Under the Agreement, the Author grants the Publisher free of charge non-exclusive rights (non-exclusive license) to use the Article for the entire duration of the exclusive right of the Author within the limits stipulated by the Agreement, including:
1) the right to reproduce the Article (publication, promulgation, duplication, duplication or other reproduction) without limiting the circulation of copies. Moreover, each copy of the Article must contain the name of the Author;
2) the right to distribute the Article in any way (including on the Internet);
3) the right to revise the Article (create on its basis a new, creatively independent work, translation into other languages) and the right to amend the Article that does not constitute its revision;
4) the right to publicly use the Article and display it for informational, advertising and other purposes;
5) the right to bring the Article to the public;
6) the right to assign, on contractual terms, partially or completely the rights obtained under the Agreement to third parties without paying the Author and other persons any remuneration.
4.6. The territory in which the use of the rights to the Article is allowed is not limited.
4.7. If the Customer fails to fulfill his obligations to pay for Publishing services, the corresponding Article by the Publisher is not returned to the Customer, just as it is not subject to use by the Publisher.

5. Other conditions

5.1. This Agreement is a public offer, the acceptance of which by the Customer, who is the Author of the Article, is carried out by sending the Publisher an Application for the publication of the Article. If the Customer in the Agreement is a person who is not the Author of the Article, then the acceptance of the said offer by such Customer is carried out directly by signing the Agreement received from the Publisher, while confirmation of the signing of the Agreement and acceptance of its terms by such Customer will be the fact of payment of the invoice issued by the Publisher.
5.2. The terms of the Agreement may be changed by the Publisher unilaterally. At the same time, the new terms of the Agreement cannot be applied to the relationship between the Publisher and the Customer in relation to Publishing Services that have already been paid for by the Customer.
5.3. The Agreement will be considered terminated if the Customer does not pay for the Publishing Services within 3 (three) months from the date of sending the payment document or invoicing.
5.4. The Publisher fulfills the obligation specified in clause 2.3.3 of the Agreement by sending the Edition once by mail to the address specified by the Customer in the Application for publication of the Article. At the same time, this obligation is considered fulfilled by the Publisher from the moment of transfer of the Edition to the organization providing postal services. The Publisher is not responsible for the work of organizations providing postal services, and does not accept any claims regarding their activities related to the delivery of the Edition. In the event that the Customer does not receive the Edition through no fault of the Publisher, the Publisher will re-send the Edition returned to the Publisher for an additional fee in accordance with the prices in force at the Publisher at the time of re-sending to the Customer. The retention period of the Edition not received by the Customer and returned to the Publisher is 6 months.
5.5. If the Customer does not exercise the right specified in clause 2.2 of the Agreement, the Publishing Services are considered accepted by the Customer in full without any claims regarding their quality and (or) the Publisher's obligations under the Agreement, regardless of whether the Customer signs the Act.
5.6. The relationship between the Author of the Article and the Customer, who is not its direct Author, related to the ordering of Publishing services in relation to such Article, shall be regulated between them independently, without the participation of the Publisher.
5.7. The Customer is warned by the Publisher that the Publisher under the Agreement in relation to the published (posted) Article does not exercise any protection of the rights of the Author in the field of intellectual activity. The protection of the intellectual rights of the Author in relation to the published (posted) Article is carried out by the Author independently.
5.8. The customer agrees to use his contact e-mail address to obtain information about the services of the Publisher. In this case, the Customer has the right to refuse to receive such information at any time.
5.9. In order to fulfill obligations under this Agreement and settle accounts with Customers, the Publisher processes the personal data of the Authors specified by the Authors in the Application for the publication of the Article. By sending the Application for the publication of the Article to the Publisher, the Author consents to the processing by the Publisher or by third parties under an agreement with the Publisher of his personal data specified in the Application.
5.10. Liability measures for non-performance or improper performance of the terms of the Agreement are applied by the parties to the Agreement in accordance with the legislation of the Russian Federation, unless otherwise provided by the Agreement.
5.11. All disputes arising in the course of the execution of the Agreement must be preliminary considered by the Publisher, Author and (or) the Customer in order to work out a mutually acceptable solution. The presence of a dispute between the Publisher, the Author and (or) the Customer is evidenced by the sending of a written claim. The term for considering a claim and responding to it is set equal to 30 (thirty) calendar days... If, as a result of the observance of the claim procedure for the disputes that have arisen, mutual understanding is not found, then disputes and disagreements shall be resolved in court at the location of the Publisher in accordance with the current legislation of the Russian Federation.
5.12. The place of conclusion of the Agreement is the location of the Publisher.
5.13. In all other respects that are not provided for by the Agreement, the parties to the Agreement will be guided by the current legislation of the Russian Federation.
5.14. The text of the Agreement, as well as other conditions on the basis of which the Publisher and the Customer fulfill their obligations under the Agreement, are published on the Publisher's website: www.site.

represented by a person acting on the basis, hereinafter referred to as " Customer", On the one hand, and in the person acting on the basis, hereinafter referred to as" Executor", On the other hand, hereinafter referred to as the" Parties ", have entered into this agreement, hereinafter" Contract", About the following:

1. THE SUBJECT OF THE AGREEMENT

1.1. The Customer instructs, and the Contractor undertakes to place the Customer's advertisement in the newspaper, in accordance with the provided original layout. The size of the ad unit.

2. OBLIGATIONS OF THE PARTIES

2.1. The customer undertakes to pay the cost of advertising in the amount of rubles, VAT and special tax are taken into account.

2.3. The performer is not responsible for the content promotional materials provided by the Customer.

2.4. The Customer undertakes to pay the cost of the Contractor's services, in accordance with clause 2.1, within banking days from the date of signing the Agreement.

2.5. All disputes arising under this Agreement are resolved through negotiations. If it is impossible to resolve the arisen dispute through negotiations, it is submitted to the arbitration court for a decision.

3. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES

CustomerYur. address: Postal address: INN: KPP: Bank: Settlement / account: Correspondent / account: BIK:

ExecutorYur. address: Postal address: INN: KPP: Bank: Settlement / account: Correspondent / account:

This is an agreement between the company and the customer for the provision of these services for certain remuneration, that is, on a reimbursable basis.

The contract must be drawn up taking into account the specifics of the provision of advertising:

On paper;
Television;
On the vehicles or shields;
In the newspapers, on the radio.

Ads must be truthful;
Qualitatively composed;
In compliance with the moral framework.

According to article 780 of the Civil Code of the Russian Federation, there is an obligation to personally fulfill the obligation to provide advertising services, but there is no personal-trust relationship.

Civil Code of the Russian Federation Article 780. Execution of the contract for the provision of paid services
Unless otherwise provided by the contract for the provision of services for compensation, the performer is obliged to provide services personally.

Subject and parties to the agreement

An essential condition of the contract is the subject in the form of intangible services - validity and term. Actions are the creation and distribution of information regarding an object.

Several persons from both sides can act in the formation and signing of the document at once, in this case they will be considered joint debtors.

But the main participants in the process are the advertiser - a person for whom it is important to disseminate information about his products and the contractor, it can be one or more persons.

What counts as advertising services

Advertising via television and radio - broadcasting commercials or announcements on the radio at regular intervals ensures the delivery of information to a large audience of listeners and viewers;
Dissemination of information on the Internet on popular saigas;
Placing posters on billboards in crowded places, shopping centers or along roads;
Distribution of leaflets;
Carrying out promotions with presentation and tasting of products in the places of their sale;
Corporate events, trade conferences and more.

Functions of the advertising market

He is a kind of intermediary between the manufacturer of products and the consumer, creating the necessary balance of supply and demand.

An intermediary between the producer and the consumer, thanks to which each party receives the satisfaction of its own needs;
Maintains a balance between supply and demand, eliminating possible disproportion;
Creates healthy competition between manufacturers, defining the leaders of the economy;
Informs consumers about new products and technological discoveries;
It enables entrepreneurs to expand the sales market, thereby increasing production capabilities.

The form of the contract for the provision of paid services.

Agreement with an advertising agency

Important: such interaction is necessary to ensure the place and time of advertising for the formation of the circle of the end consumer.

Who are its employees

Essential conditions

The essential terms of the agreement are related to:

The subject of the contract is the provision of advertising services;
Parties to the transaction - you must specify the details and names of the parties;
Cost - indicates the total price, periods of payment or a single payment, terms in which it is necessary to pay for the service;
Terms - the scope of the provision of services, it is important to indicate the date until which the service will be provided to the advertiser.

How to terminate the contract and draw up a notice of termination of the service contract - find out

Internet Advertising Agreement

Text or graphic images posted on the site;
In the form of pop-up windows;
As separately opening resources.

Important: banner ads are the most popular.In the process of concluding such an agreement, special attention give:

Banner that it will be text or graphic imagewhat shape, size, place and position, on the start page, which is more predominantly or on the following;

Important: it is better to indicate the location and size of the banner in pixels.

You can specify as the customer's right to change several times during the cooperation period of the banner content;

Important: all this should be indicated in the contract itself, and not in the appendix, since this will play a role in the process of legal proceedings important role.

Specify the size in bytes of the entire banner file, since too large can increase the page load time and reduce the traffic of the resource;
Separately, you should register the customer's right to access the extended statistics of the website;
You should also indicate the cost, which can change unilaterally depending on the site traffic;
The responsibility of the parties in this case has an important role, since it can be removed from the contractor in case of interruption, delays, damage, due to defects in any electronics.

You can find out how to make it right at the link.

Conclusion

This agreement is drawn up in a standard standard form for the provision of services on a reimbursable basis, however, depending on the option of advertising services and activities advertising agency it can be supplemented with certain points.

What are the grounds for prosecution in the field of advertising, you can see here:

By signing a contract for advertising in a newspaper, the contractor undertakes to prepare and publish an advertisement in the print edition, and the customer undertakes to provide comprehensive information about the advertised product and pay for the publication. Such cooperation is paid rendering services and is regulated by Articles 779-783 of the Civil Code of the Russian Federation.

How to draw up a contract for advertising in a newspaper

Before signing the agreement, the customer must determine what exactly, in what way and to what extent he wants to advertise. A clearly formulated answer to these questions will be the subject of agreement. So that there is no disagreement between the advertiser and the performer regarding the characteristics advertising product, it is worth including a list of definitions in the text of the contract for advertising in the newspaper. It is advisable to clarify the meaning of such terms: advertising, advertising and informational material, advertising surface.

type and amount of advertising and information materials (including size and other characteristics of the ad);
the term of the agreement, as well as the dates of placement of advertising messages;
the rights and obligations of the customer and the contractor;
deadline and format of the report on the provision of services;
the cost of the contractor's work and the procedure for calculations (you can also specify the frequency of changes in the price of the ad);
method of payment for services (through a bank, in cash);
the amount of the penalty and the cases in which it is charged (for example, a percentage of the cost of services for each calendar day of delay);
termination of the agreement unilaterally (list of conditions);
preferred ways to resolve conflicts;
legal addresses, details and signatures of both parties to the contract.

Important: advertising material placed in a print publication must comply with the requirements of the Law "On Advertising". The announcement should contain only truthful information about the product or service: about their cost, characteristics, advantages, public recognition, the amount of demand. If the advertiser provides the owner of the advertising space with false information, he will personally be responsible for this.

On this page you can download a legally sound sample contract for advertising in a newspaper. Fill out the template and receive a document that is right for your situation.

Free samples of claims, complaints, contracts, etc. site

CONTRACT FOR ADVERTISING PLACEMENT

1. THE SUBJECT OF THE AGREEMENT

1.1. The Customer instructs, and the Contractor undertakes to place the Customer's advertisement in the newspaper, in accordance with the provided original layout. The size of the ad unit.

2. OBLIGATIONS OF THE PARTIES

2.1. The customer undertakes to pay the cost of advertising in the amount of rubles, VAT and special tax are taken into account.

2.3. The Contractor is not responsible for the content of advertising materials provided by the Customer.

2.4. The Customer undertakes to pay the cost of the Contractor's services, in accordance with clause 2.1, within banking days from the date of signing the Agreement.

3. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES

CustomerYur. address: Postal address: INN: KPP: Bank: Settlement / account: Correspondent / account:

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