These Contractual Terms and Conditions set forth the use of Seznam Sklik services provided by Seznam.cz, a.s.
The following text represents the Contractual Terms and Conditions; by approving these terms and conditions, the Seznam Sklik Customer is bound to comply with the rules stated herein (hereinafter the Contractual Terms and Conditions). In case of violation of the Contractual Terms and Conditions by any of the Customers, the Operator of the Seznam Sklik service, Seznam.cz, can enforce measures stated herein.
Part I. Terms and Definitions
- The Seznam Sklik service is an advertising service provided by Seznam.cz, a.s., which operates and is accessible on the following Internet address (URL): http://www.sklik.cz. The Seznam Sklik service enables key words advertising.
- The term ‘advertisement’ refers to any individual advertisement notices input into the Seznam Sklik service.
- The Seznam Sklik service is provided by Seznam.cz, a.s., registered address Radlická 2, 150 00 Praha 5, IN 26168685, hereinafter referred to as the “Operator”.
- The Customer of the Seznam Sklik service is a registered user of the Operator’s service and also the party placing key words advertisements on the Internet servers designated by the Operator (hereinafter the “Customer”); the Customer shall set up its own user account (hereinafter the “Sklik Account”) on www.sklik.cz in order to use the service.
- The term User refers to users of the worldwide Internet network, the user is targeted by the Seznam Sklik advertisements; the term Registered User refers to a registered user of the Operator’s services who was allocated a selected name, e-mail address and password in order to use the services. The Registered User of Seznam is entitled to use the Seznam Sklik service and as the Customer of this service to use the selected name, e-mail address and password for its Sklik account.
- The term Partner refers to the operator of the web pages where the advertisements of the Seznam Sklik services are displayed.
- The term Interface refers to the web interface accessible on the www.sklik.cz address (URL) which enables the use of the Seznam Sklik service, using the Sklik Account.
- The term ‘servers’ refers to the internet pages of Seznam or its Partners where the advertisements are displayed in the designated advertising spaces as advertisement notices.
Part II. Rules for Using the Seznam Sklik Service
- In accordance with the determined conditions, the Operator is obliged to display text advertisements on Servers, based on the Customer’s brief placed on the Interface. The Operator shall make this Interface available to the Customer so that the Customer can place its advertisements on www.sklik.cz. The Customer may input on the Interface advertisements and key words, to unite them into groups and make campaigns, to set up the price limit and other features, depending on the availability offered by the Operator.
- The advertisements will be displayed on Servers and will be targeted at key words typed in by users in the search engines or at key words displayed on specific internet pages. The Operator is entitled to offer the possibility to display Customer’s advertisements only on some of the Servers and to target them differently than as queried by the user. The advertisements are displayed on Servers and graphically presented as determined by the Operator. The Operator is entitled to extend the Customer’s campaign to other servers, within the Sklik interface, that allow Sklik advertising, or to narrow down the campaign and cut out servers that will not display the Sklik system advertisements any more. The Customer is entitled to change or restrict this extension.
- The Customer is obliged to pay the price of “clicks”, i.e. to pay for each click on the Customer’s advertisements. The price per click is determined by the Seznam Sklik service and it will never exceed the maximum price per click as set up by the Customer and as selected from the Seznam Sklik services. The total sum invoiced per week per click per campaign shall never exceed seven times the daily limit input by the Customer for the campaign budget per day. It is Seznam Sklik that will make the decision if an advertisement was really clicked on by a user party and it will also determine the price per click based on the input limit.
- The payment for Seznam Sklik services is made via the Seznam Wallet service. All payments for using the Seznam Sklik service by the Customer are made via deposit payments from the Customer’s credit in the Seznam Wallet service.
- The Operator reserves the right to stop or disable the issue of advertisements to the Customer, providing the Customer does not have sufficient credit in the Wallet service to pay the services selected on Seznam Sklik. The Operator is not liable for cases when Customers’ advertisements are not shown due to the fact that the Customer draws down its limit in the Seznam Wallet service.
- The General Advertising Terms and Conditions (hereinafter the “Advertising Terms and Conditions”) form a part of these Contractual Terms and Conditions, and by approving these Contractual Terms and Conditions the Customer is obliged to comply with the Advertising Terms and Conditions.
- The Customer is fully responsible for a) the contents of the input advertisements, b) for the wording of the input key words and c) the contents of the target pages which the user accesses by clicking on the Customer’s advertisement. The Operator is not liable for a) any damages caused by the Customer to third parties by advertising in the Sklik system, or b) for advertisements and target pages that are at variance with valid legal regulations. If the text of the advertisement or part of the data input by the Customer into the Sklik System is protected by copyright, the Customer shall provide the Operator with the right to use the copyright in any way, and in the frequency and extent essential for the Customer’s campaign.
- In accordance with the Advertising Terms and Conditions the Operator reserves the right to block the input advertisement and key words, with or without stating the reason, this in particular regards advertisements that are at variance with Article 2.3 of the Trading Terms regarding the placement of advertising notices and other advertising features onto Internet serves operated by Seznam.cz, a.s. (hereinafter the “Trading Terms”). The Operator reserves the right to block setups, campaigns and even the accounts of Customers who are repeatedly in breach of the Advertising Terms or the Trading Terms without stating the reason. The Operator is entitled to correct the advertisement in some minor ways (spelling, punctuation, typing mistakes), providing the advertisements do not comply with the Advertising Terms and Conditions. The Operator is not obliged to correct unsuitable advertisements.
- Logging into the Seznam Sklik system is subject to typing in the user name and password of the Seznam Registered User. If the Customer’s right to use the user name ceases to exist, the Operator is not obliged to enable the Customer access to the Seznam Sklik system. The Customer is obliged to protect its login data and to keep them confidential. The Operator is not liable for abuse of the system if the user name and password is disclosed to a third party. If the Customer enables access to a third party into its account, the Customer is responsible for the fact that the third party will agree with the contractual terms and conditions and accepts them. The Customer agrees that it will not sell clicks made via the Sklik system to a third party or to offer this eventuality as a service. The Customer is obliged not to set up and operate two or more accounts to promote the same website in the Sklik system.
- The Customer may terminate its participation in the Sklik system by deleting or stopping all its campaigns. In this case the Customer’s advertisements will stop showing within one hour from stopping the campaign (usually immediately) and no payments are made. However, the Customer is obliged to pay for the clicks made within the hour after stopping the campaign.
- The Operator reserves the right to stop displaying advertisements for a temporary period of time or permanently. In accordance with the auction model of the Seznam Sklik (i.e. the selection and ranking of advertisements based on the total calculated probability of clicks and the determined maximum prices), the Operator does not provide any guarantees regarding the placement of the advertisement, its price, the number of displays and its exact look.
- The Operator is entitled to send the Customer email notices regarding the operation of the Sklik system and the Wallet system.
- The Customer must not carry out any operations tampering with its own or other advertisements in the Sklik system. In particular, it is prohibited to carry out robot clicks on the advertisements, robot downloading of pages, creating artificial displays and clicks, analyse transmission codes or ask a third party to carry out these activities. Should the Operator establish that such activities are carried out, the Customer’s account might be blocked and the Operator might claim arisen damages in court. The Operator protects against invalid clicking, both actively and passively, and protects the Customer against invalid advertising. The Operator may increase the Customer’s credit should some of the clicks be retrospectively recognised as invalid. The evaluation if the clicks are valid or not is purely at the Operator’s discretion, however the Operator is obliged to consider arguments presented by the Customer.
- The Operator does not guarantee the confidentiality of the data input by the Customer into its Sklik Account. The Operator will not pass the campaign data onto a third party, only to its service partners for the purpose of backing up the data and for the purpose of system development. The Operator shall not use specific data from Customer campaigns for any other purpose than technical support and global analysis. The Operator does not guarantee a continuous accessibility of the user interface of the Sklik system to the Customer.
Part III. Final Provisions
- The Customer, a natural person, hereby grants its consent to Seznam.cz, a.s., registered address Radlická 2, 150 00 Praha 5, IN: 26168685 to process its personal data in accordance with Act 101/2000 Collection of Laws, should the Customer input its personal data into the Seznam Sklik system. This consent is granted for an indefinite period of time and it can be withdrawn at any time in a registered letter delivered to the registered office of Seznam.cz, a.s., that is obliged to immediately remove all personal data of the given person from the sklik.cz server. Providing the personal data are removed upon the Customer request, Seznam.cz, a.s. is not responsible for recovery of the data input into the Sklik Account by the Customer.
- Matters not arranged by these Contractual terms and Conditions and the Advertising Terms and Conditions are governed by the Trading Terms for placing advertisements and other advertising features on the Internet servers operated by Seznam.cz, a.s., that are accessible on the following website (URL) http://onas.seznam.cz/cz/reklama/obchodni-podminky/ , and by relevant legal enactments, in particular the Commercial Code as amended.
- 1. The Operator is not liable for the damages arisen to the Customer, if the Customer is not informed in time about the potential changes of the above stated services due to the fact that the Customer does not use one of the services.
- The Operator reserves the right to change any of these Contractual Terms and Conditions unilaterally without a previous notice.