Contract Terms regulating the use of the Seznam Sklik Service provided by Seznam.cz, a.s.
The following text represents the “Contract Terms”; by approving these terms, the Customer of the Seznam Sklik Services undertakes to comply with the rules contained therein (hereinafter the „Contract Terms“). In case of breach of the Contract Terms by any Customer, the Operator of the Seznam Sklik Service, i.e. the company Seznam.cz, a.s., may apply the measures specified herein.
Part 1. Definitions
- “Seznam Sklik Service” is an advertising service provided by Seznam.cz, a.s., which is operated and available at the web address (URL): http://www.sklik.cz. The Seznam Sklik Service enables the implementation of advertising focused on keywords.
- “Adv” means an individual advertising message having the form of a text or a graphic advertising uploaded to the Seznam Sklik Service.
- The operator of the Seznam Sklik Service is Seznam.cz, a.s., registered office Radlická 3294/10, 150 00, Prague 5, Company ID No. 26168685, registered in the Commercial Register maintained by the Municipal Court in Prague, file no.: B 6493 (hereinafter the “Operator”).
- The customer of the Seznam Sklik Service is a registered user of the Operator’s services, who assigns at the same time an advertising focused on keywords on web servers designated by the Operator (hereinafter the “Customer”), who shall open with the Operator, for the purpose of using the Seznam Sklik Service, a user account on the website www.sklik.cz (hereinafter the “Sklik Account”).
- “User” means a user of the Worldwide Net Internet and which is the target of the Seznam Sklik Service advertising; “Registered User of the Operator” means a registered user of the Operator services who has been allocated the elected e-mail address and password for the use of the services. The Registered User of the Operator is entitled to use for the Sklik Account its elected e-mail address and password in order to use the Seznam Sklik Service as its Customer.
- “Partner” means the operator of the website where the Seznam Sklik Service advertisements are displayed.
- “Interface” means the web interface accessible at the web address (URL) www.sklik.cz, which allows the use of the Seznam Sklik Service via the Sklik Account.
- “Servers” means the Operator’s or the Partners ‚websites where the Ads are displayed as advertising messages in the advertising spaces designated for such purpose.
Parts 2. Rules of use of the Seznam Sklik Service
- The Operator undertakes to display on the Servers subject to the specified terms text ads and graphic advertising messages in accordance with the Customer’s uploads in the Interface. The Operator shall make available such Interface to the Customer for uploading Ads at www.sklik.cz address. The Customer may upload Ads and keywords, pooling them into sets and campaigns, setup price limitations and other properties for them in the Interface in accordance with the Operator’s offers.
- The Ads shall be subsequently displayed on the Servers and shall be targeted to keywords uploaded by the Users in browsers or to keywords contained on a specified website. The Operator is entitled to offer the possibility to display the Customer’s Ads only on some Servers or to target them on other than an uploaded User inquiry. The placement of the Ads on the Servers and their graphic appearance shall be determined by the Operator. The Operator may expand in the Sklik Interface the setup of the Customer’s campaigns by further servers that will make it possible to place Seznam Sklik system ads, or may reduce it by any servers that will no longer display Sklik system ads. The Customer is entitled to subsequently change or limit such expansion.
- The Customer undertakes to pay the price for the “click-through”, i.e. for individual User clicks on the Customer’s Ad or on individual displays. The Customer may elect one of these payment methods for the Ads. The prices for a click-through or for a display, which shall be paid for each 1000 displays, shall be determined by the Seznam Sklik Service so that they never exceed the maximum prices set up for a click-through or a display which will be set up by the Customer at his discretion out of the Seznam Sklik Service offer. The aggregate price charged per week for clicks-through or displays of a single campaign shall not exceed an amount equal to seven times the amount of the campaign’s daily budget set up by the Customer. The subject that is decisive for determination that a click-through or display by the User of the Ad has actually occurred and for determination of the price thereof in accordance with the specified limit is solely the Seznam Sklik Service.
- Payment for the use of the Seznam Sklik Service shall be made through the service “Seznam Peněženka”. All payments for the use of the Seznam Sklik Service by the Customers shall be made in the form of advance payments out of the Customer’s credit in the system “Seznam Peněženka”.
- In case that the Seznam Sklik system fails to stop the Customer’s campaign for technical or operating reasons before the exceeding of the daily budget elected by the Customer or in case of invalid clicks-through and the Operator concludes that the foregoing can be attributed to the Operator (or to technical restrictions of the Seznam Sklik system), the amount exceeding the daily budget limit of the Customer’s campaign shall be provided to the Customer in the form of credit, i.e. by crediting such amount within two working days to the Customer’s account kept in Seznam Peněženka. In the case that such amount is exceeded, the refund amount shall be always equal to the total exceeded amount and the amount corresponding to the setup of the maximum daily budget limit of the campaign.
- The Operator reserves the right to suspend or to prevent the publication of Ads of a Customer who will not have sufficient credit in the Seznam peněženka system to pay for the selected Seznam Sklik Service. The Operator shall not be liable for cases where the Customer’s Ads will not be displayed due to the fact that the Customer’s credit in the Seznam Peněženka system has been used up.
- These Contract Terms also include Advertising Rules and Rules of Special Interest Advertising (hereinafter the “Rules”), to which the Customer undertakes to adhere by signing these Contract Terms.
- The Customer shall be fully liable for a) the content of the uploaded Ads; b) for the wording of uploaded keywords; and for c) the contents of the target pages which will be accessed by the User after clicking on the Customer’s Ad. The Operator shall not be liable for a) any detriment caused by the Customer to third parties by means of Ads in the Sklik system, or for b) any Ads and target pages that are in conflict with the law. If the text of an Ad or any other part of the data uploaded by the Customer to the Sklik System is an author’s work, the Customer shall provide to the Operator for no consideration for the campaign period the right to use such author’s work by any ways of use, in a frequency and scope necessary for the implementation of the Customer’s campaign.
- The Operator reserves in accordance with the Advertising Rules the right to block an uploaded Ad or a keyword with or without giving a reason, particularly Ads that would be in conflict with the provisions of Art. 2.3 and 2.4 of the Business Terms and Conditions regarding placement of advertising messages and other advertising elements in web servers operated by Seznam.cz, a.s., which are available at the web address (URL)http://onas.seznam.cz/cz/reklama/obchodni-podminky/ (hereinafter the “Business Terms and Conditions”). The Operator reserves the right to block, without further notice, a set, a campaign or the entire account of a Customer who breaches the Rules or is in conflict with the Business Terms and Conditions. The entire account may be also blocked in case of overloading the system. Overloading means a) input of excess quantity of data in the system; b) excess number of requirements for any of the web system interfaces. The Operator is entitled to make, with or without notifying the Customer, minor corrections of an Ad which does not comply with the Advertising Rules (diacritic signs, punctuation, typos). The Operator shall not be obliged to correct non-compliant Ads.
- Logging to the Seznam Sklik system is bound to a logging name and password of the Registered User of the Operator. In case of termination of the Customer’s right to use the logging name the Operator shall be no longer obliged to provide to the Customer access to the Seznam Sklik system’s interface. The Customer is obliged to protect his logging data and keep them secret. The Operator shall not be liable for any misuse of the system in case of revealing of the logging name and password to a third party. If the Customer provides access to his account to a third party, he shall be liable for the third party’s consent and acceptance of these Contract Terms. The Customer agrees that he shall not sell clicks-through or displays of his Ads effectuated by the Sklik system directly to a third party or offer them to a third party as his own service.
- The Operator reserves the right to prevent displays of ads of duplicate accounts. A duplicate account means two or more accounts of the same operator designated for the promotion of the same website (“web”) on the same domain or more pages on separate domains with the same or confusingly similar contents. The same or confusingly similar contents of a web (the “duplicate content”) is a content whose principal features are identical or similar or that may be confused by an ordinary user of Seznam.cz service without the need for a detailed knowledge. The principal features are as follows: a) the basic graphic form of the pages; b) similar text; c) an identical person or entity providing the relevant service or operating the target website; d) the object of the web (the offer of goods or services and their price is identical, similar or with a very close contents). The Operator further reserves the right to prevent the displaying of ads of duplicate webs of various operators if it is evident that it involves a joint intended conduct of the operators with the aim of achieving unjust advantage for the presented web and/or identical content in the Sklik system at the expense of other operators. The designation of duplicate accounts and webs (or content) as confusingly similar depends solely on the Operator and the Operator reserves the right to refuse any Ads referring to such web as well as any duplicate accounts (in such case the Operator shall refuse the Ads of the most recent account); the criterion shall be the level of distinctiveness for ordinary users of Seznam.cz services.
- The Customer may terminate his participation in the Sklik system by deleting or suspending all his campaigns. In such case, the Customer’s Ads shall cease to be displayed within one hour after the termination of the campaigns (usually immediately) and no payments shall take place. The Customer undertakes to pay clicks-through or displays implemented within one hour after the termination of the campaigns.
- The Operator reserves the right to stop displaying temporarily or permanently the Ads. In accordance with the auction model of the Seznam Sklik system (i.e. the selection and sorting of Ads in accordance with the product of the calculated probability of clicks and the pre-determined maximum price), the Operator does not provide any guarantee of the placement, price, position, number of displays and accurate appearance of the Ad.
- The Operator is entitled to send e-mail notices relating to the operation of the systems “Sklik” and “Peněženka” to the Customer.
- The Customer may not execute any operation tampering with his own or third party’s ads of the Sklik system. In particular, it is prohibited to use robotic clicking on the Ads, robotic download of pages, creation of artificial displays or clicks-through, analysis of transmission codes or assigning such activities to a third party. If the Operator identifies such activities, it may block the Customer’s account and demand by legal means the compensation for any detriment caused thereby. The Operator shall actively and passively hinder invalid clicks, thus protecting the Customer against ineffective advertising. The Operator may increase the Customer’s credit in the case that the Operator recognises that some of the Customer’s displays or clicks-through were invalid. The right to asses which displays or clicks-through are invalid or not belongs solely to the Operator, who undertakes to take into account arguments presented by the Customer.
- The Operator does not guarantee the preservation of the data entered by the Customer into his Sklik Account. The Operator shall not provide any campaign data to a third party except for his service partners solely for data backup and system development purposes. The Operator shall not use Customer campaign data for any purpose other than technical support and global analyses. The Operator does not guarantee the uninterrupted access of the Sklik user interface to the Customer.
- If the Customer uses the designated BETA version services, he acknowledges that he acts at its own responsibility and the Operator shall not be liable for consequences of the use of such BETA versions by the Customer and for any detriment caused by the Customer to himself or to third parties by the use of such BETA versions.
Part 3. Use of Sklik services
The following two clauses apply to Customers who have contracted the Operator’s paid optimization servicesconcerning the establishment and administration of campaigns.
- To have a Sklik campaign established, the Customer must pay the relevant order (i.e. the financial funds must be credited to the Operator’s account under the correct variable symbol) and proper background materials for the campaign must be delivered to the Operator. If the background materials are delivered in time (i.e. 5 business days before the start-up date of the advertising specified in the order), the campaign shall be launched on the day specified in the order.
- The start date of the administration of the campaign shall be the date specified in the order, provided that the Operator has obtained all necessary background materials. The administration of the campaign shall last in the period stated in the Customer’s order.
Part 4. Final provisions
- The Customer who is a natural person hereby grants to the Operator his express consent with the processing of personal data in accordance with Act No. 101/2000 Coll. on protection of personal data and on the amendment to certain laws, as amended the “DPA”, if the Customer enters such data in the Seznam Sklik system. Hence, the Customer grants this consent in accordance with Section 5 of the DPA with the processing of the personal and other data provided by him. The consent for processing of the data shall be provided for an indefinite period of time and may be recalled by the Customer for no consideration at any time by written notice sent to the address of the Operator’s registered office. The Operator also guarantees to the Customer other rights stated in Sections 11 and 21 of the DPA. The Operator hereby undertakes to remove from sklik.cz server all personal data of the relevant person without delay after the delivery of revocation of the consent. In case of removal of the personal data upon the Customer’s request, the Operator shall not be liable for the recoverability of the data entered into the Sklik Account by such Customer.
- Any matters not regulated by these Contract Terms and the Advertising Rules shall be regulated by the Business Terms and Conditions and the applicable laws, particularly by Act No. 89/2012 Coll., the Civil Code, as a supporting legislation.
- The Operator shall not be liable for any detriment caused to the Customer if the Customer is not notified in time of any changes of any of the above services only because he does not use any one of them.
- The Operator is entitled to modify the Contract Terms to an appropriate extent even without prior notice.