Contract Terms and Conditions for Advertisers
Contract terms and conditions laying down conditions of use of the Seznam Sklik service provided by Seznam.cz, a.s.
The following text is the text of “contract terms and conditions” which the Customer using Sklik service agrees to comply with by their acceptance (hereinafter “Conditions”). In the case of violation hereof by the Customer the Operator of the Seznam Sklik service, the joint-stock company Seznam.cz, a.s., can apply the measures defined herein.
Part 1. Definitions
- Seznam Sklik service is a promotional service operated by Seznam.cz, a.s., running and available on (URL): http://www.sklik.cz. The Seznam Sklik service permits keyword-targeted advertising.
- Advertisement means individual promotional messages in the form of a text advertisement or graphic advertisement entered in the Seznam Sklik service.
- The service of Seznam Sklik is operated by Seznam.cz, a.s., a joint-stock company with registered seat at Radlická 3294/10, 150 00, Prague 5, business ID 26168685, company entered in the Commercial Register maintained by the Municipal Court in Prague in File no: B 6493 (hereinafter “Operator“).
- Customer using the Seznam Sklik service is a registered user of Operator´s service who is either advertiser publishing a keyword-targeted advertisement or any other supported type of advertisement on the internet servers specified by the Operator (hereinafter “Customer”) or an agency establishing its user account for the purpose of use of the Seznam Sklik services for its clients on the web site http://www.sklik.cz of the Operator (hereinafter “Sklik Account“).
- User is a user of the worldwide web called Internet who is the target of the advertisement published through the Seznam Sklik service; and Registered User of the Operator is a registered user of Operator-provided services with a user name (e-mail address) and password for the purpose of use of the Operator´s services. Registered User of the Operator may use the Seznam Sklik service as its Customer using his user name (e-mail address) and password for the purpose of the Sklik Account.
- Partner is the operator of the web site where the advertisements of the Seznam Sklik service are displayed.
- Interface is the web interface available on (URL) www.sklik.cz, allowing for use of the Seznam Sklik service through an Sklik Account.
- Servers are web sites of the Operator or of the Partners where advertisements are displayed within the reserved advertising space as promotional communications.
Parts 2. Rules of Seznam Sklik Service Use
- The Operator hereby agrees to display on the Servers the Customer provided text or graphic advertisements entered by the Customer via the Interface under the defined terms and conditions. The Operator hereby agrees to make such an interface available to the Customer on www.sklik.cz. The Customer may enter advertisements and keywords via the Interface, group them in sets and campaigns, set their price limitations and other properties offered by the Operator.
- The Advertisements will be displayed on the Servers and will be keyword targeted, i.e. searched on the basis of keywords entered by Users in search engines or keywords included in the respective web site. The Operator shall be entitled to offer just selected Servers for the Customer advertisement display or target them other than to the user entered query. The Operator shall decide about location of the advertisements on the Servers and their graphic design. The Operator is entitled to extend the campaign setting of the Customer in the Sklik interface with other servers permitting advertising by the Seznam Sklik system, or narrow the setting down by removing the servers that will no longer display Sklik advertisements. The Customer shall be entitled to change or limit such extension.
- The Customer shall pay per “click”, i.e. Individual click of a User on the Customer´s advertisement, or per the advertisement display, which the Customer can choose between. The per-click or per-display price, paid for every 1,000 cases, shall be specified by Seznam Sklik without ever exceeding the preset maximum click or display prices set by the Customer at its discretion on the basis of the offer of the Seznam Sklik service. The summary price charged per week for clicks or displays of a campaign shall not exceed the sevenfold daily budget set by the Customer for the campaign. The Seznam Sklik service will be the sole party entitled to specify whether the click on or display of the Customer´s advertisement has actually taken place, and the price pursuant to the preset limit.
- The payments for use of the Seznam Sklik service are effected via the Seznam Peněženka service. All payments for use of the Seznam Sklik service by the Customers shall be effected as payments from the Customer credit in the Seznam Peněženka system.
- If for technical or operational reasons the Seznam Sklik system fails to stop the Customer´s campaign before the selected daily budget is exceeded or in the case of invalid clicks when the Operator assesses that the reasons were on its side (or on the side of technical limitations of the Seznam Sklik system) then the excessive amount shall be provided as a credit to the Customer by its crediting to the Customer account managed by Seznam Peněženka in two business days from the date when the Operator discovered the exceeded limit or invalid clicks. in the case of an exceeded limit the credit will always be in the amount of the difference between the exceeded amount and the amount corresponding to the preset maximum limit of the daily budget for the campaign. To avoid speculations to the detriment of Seznam.cz the Operator reserves the right not to return the exceeded amount to the Customer if the ratio between the daily budget and the price per click is lower than the ratio recommended in the help section and the client fails to document a trustworthy business or other relevant reason for the recommended ratio exceeding.
- The Operator reserves the right to suspend or prevent advertisement release for a Customer with insufficient credit in the Seznam Peněženka system for payment for the selected service of Seznam Sklik. The Operator bears no responsibility for non-display of Customer advertisements for the reason of exhausted Customer credit in the Seznam Peněženka system.
- These Conditions also include the Rules of Advertising as well as the a href=“http://napoveda.sklik.cz/pravidla/zajmove-orientovana-inzerce/“>Rules of Interest-Oriented Advertising (hereinafter “Rules“), which the Customer agrees to comply with by acceptance of these Conditions.
- The Customer bears full responsibility for a) the content of the entered advertisements b) the wording of the entered keywords and c) the content of the target web site where the User gets after clicking on the Customer advertisement. The Operator shall not be responsible for a) any loss caused by the Customer advertising in the Sklik system to third parties or b) advertisement and target web site breach of the valid legislation. If the text of the advertisement or any other part of the data entered by the Customer in the Sklik system a copyright protected work, then the Customer provides to the Operator, for the period of the advertising campaign, the right to use the copyright protected work in any manner, scope and frequency as need for the campaign implementation for the Customer.
- In compliance with the Advertising Rules the Operator hereby reserves the right to block an advertisement or an entered keyword with or without giving the reason, especially in the case of advertisements contradicting the provisions of Art. 2.3 and 2.4 of the Business Terms and Conditions for Placement of Advertising Communications and Other Promotional Items on internet servers operated by Seznam.cz, a.s., available on (URL) https://www.seznam.cz/reklama/cz/obsahovy-web/obchodni-podminky/(hereinafter “BTC”). The Operator hereby reserves the right to block a set of advertisements, a campaign or the whole account of a Customer violating the Rules or the BTC, without giving further reason for the blocking. Excessive burdening of the system may also result in the account blocking. Excessive burdening means a) entry of excessive amounts of data in the system b) excessive demand place in any of the web interfaces of the system. The Operator is entitled for minor editing of the advertisement (diacritics, punctuation, typos) if the advertisement does not meet the Rules of Advertising, including without notification of the Customer. The Operator is not liable to adapt non-compliant advertisements.
- Login in the Seznam Sklik system required user name and password of the Registered User of the Operator. In the case of cessation of the Customer´s right to use its user name the Operator shall not longer be liable to made the Seznam Sklik system interface accessible for the Customer. The Customer is liable to protect and keep its login data secret. The Operator shall not be responsible for the system abuse in the case of disclosure of the user name and password to a third party. The Customer disclosing its login data to a third party is responsible for acceptance hereof by the third party. The Customer agrees not to sell its clicks or advertisement displays implemented by the Sklik system directly to a third party and not to offer them as his service to the third party.
- The Operator hereby reserves the right to prevent displays of duplicate account advertisements. Duplicate account means two or more accounts of the same Operator designed for promotion of the same web site (“Web”) with the same domain name or more web sites on separate domains with the same or interchangeable content. The same or interchangeable web content (“duplicate content”) is web content identical or similar in all principal respects or interchangeable by a common user of Seznam.cz services without more detailed knowledge of the matter. The principal respects include: a) basic graphic design of the web site; b) textual similarity; c) identical person or subject providing the service or operating the target web site; d) web subject (offer of goods or services with the same or similar price or with similar content of the offer). The Operator further reserves the right to prevent advertising of duplicate webs of different operators if their common action is obviously intentional and aimed at achievement of unjust advantage for the web and/or identical content presentation in the Sklik system to the detriment of other operators. The Operator shall at its sole discretion identify duplicate accounts and webs (or contents) as interchangeable and the Operator reserves the right to reject advertisements referring to such webs, including duplicate accounts (in such case the Operator shall reject the newer advertisement), the criterion for the decision is the extent of distinguishability by common users of Seznam.cz.
- The Customer shall not be entitled to use identifications that may be considered very similar or identical with a trademark proprietary to another owner (unless the Customer is the trademark owner) which a common consumer might consider the trademark of the other owner.
- The Operator hereby reserves the right to prevent displays of advertisements including illegally used trademarks whose illegal use is obvious.
- The Operator hereby reserves the right to suspend advertisements about which it learned to include information of illegal nature.
- The Operator hereby reserves the right for temporary or permanent suspension of advertisements suspected to infringe third party industrial property rights. Such prevention of advertising shall not be considered violation hereof.
- If a trademark owner suspects that its trademark has been abused in the Sklik system it may contact: firstname.lastname@example.org
- The Operator also reserves the right for advertisement display if notified by a consumer group or noticing itself that the advertisement includes elements of misleading advertisement in the sense of § 2977 of Act no 89/2012 Coll., the Civil Code, as amended.
- The Customer may terminate its use of the Sklik system by deleting or suspending all its campaigns. In such case within one hour form the campaign suspension (bu usually immediately) the Customer´s advertisements will cease to be displayed and no payments will be effected. The Customer hereby agrees to pay for the clicks or displays implemented within one hour from the campaign stop.
- The Operator hereby reserves the right to temporarily or permanently suspend advertisement displaying. In compliance with the auction model of the Seznam sklik system (selection and sorting of advertisements on the basis of the product of the click probability multiplied by the preset maximum price). The Operator provides no guarantee of the advertisement placement, price, position, number of displays and accurate appearance.
- The Operator is entitled to send to the Customer email messages concerning operation of the Sklik and the Peněženka systems.
- The Customer shall not manipulate with his own and other party advertisements in the Sklik system. The prohibited actions include robotic clicking on the advertisements, robotic web site downloads, creation of artificial displays or clicks, analysis of transfer codes or commissioning third parties with such activities. In the case of discovery of such activities the Operator may block the Customer´s account and use legal means to enforce compensation for the thus incurred loss. The Operator actively and passively prevents invalid clicking to protect the Customer against ineffective advertising. The Operator may increase the Customer´s credit if any of the clicks or displays are retrospectively recognised as invalid. The assessment of click or display validity is sole discretion of the Operator and the Operator hereby agrees to consider arguments presented by the Customer in this respect.
- The Operator does not guarantee safe preservation of the data entered by the Customer in its Sklik account. The Operator does not provide campaign data to any third party except for its service partners for the purpose of data backup and system development. The Operator shall not use particular data from Customer campaigns for purposes other than technical support and global analyses. The Operator does not guarantee uninterrupted availability of the Sklik user interface for the Customer.
- In the case of the Customer´s use identified BETA versions of the service, the Customer acts on its own sole responsibility and the Operator is not liable for consequences of use of these BETA versions by the Customer and for any potential loss caused by the Customer to itself or to third parties by use of the BETA version.
- The Operator shall not be responsible for activities and supplies to third parties by a Customer registered by the Operator as “certified agency”
Part 3. Sklik Service Drawing
The following two points apply to Customers with paid optimization services for campaign establishment and management agreed with the Operator.
- For an Sklik campaign to be established the Customer must pay for the respective order agreed with a business representative of the Operator (i.e. the sum must be credited under the correct variable symbol to the bank account of the Operator within the agreed order payment deadline – on the basis of an advance payment invoice) and the Operator must be provided with the complete documents and materials for the campaign establishment. If the materials are provided in time (i.e. 5 business days before the advertising start date specified in the order) the campaign will be launched on the date given in the order.
- The campaign management shall start on the date specified in the order if the Operator has all needed materials available). The campaign management shall last for the period specified in the Customer´s order.
Part 4. Personal Data Processing
- The Operator proceeds in personal data processing in compliance with the Regulation of the European Parliament and of the Council (EU) no. 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation), Act no. 101/2000 Coll., on personal data protection, and any at that may replace this act in future to provide for GDPR execution, Act no 480/2004 Coll., on certain services of the information society, Act no. 127/2005 Coll., on electronic communications, and other legislative acts concerning personal data protection.
- For the purpose of use of the Seznam Sklik service by the Customer the Operator is entitled to process personal data of the Customer or personal data provided or entered by the Customer for the purpose of the Seznam sklik service use (especially address, descriptive and billing data).
- Such processing of personal data is legal because it is necessary for execution of the contract on the basis of which the User uses the Seznam Sklik service which the User is a party of as the data subject.
- In particular cases the Operator may process personal data in excess of the scope defined by Art. 4.2 and 4.3 hereof if the processing is necessary for protection of legitimate interests of the Operator or third parties, always in compliance with the relevant legislative requirements for personal data processing.
- The Customer, under Act No. 480/2004 Coll., on Certain Information Company Services, hereby grants consent to the Operator with sending commercial communications with information about the services and products of the Operator, to the email addresses provided by the Customer.
- If the Customer has forwarded or will forward to the Operator personal data of other natural persons the Customer shall inform these persons about their personal data processing and commercial information sending by the Operator within the scope defined herein to assure legitimacy of their data processing. Otherwise the Customer shall be responsible for related damage caused to the Operator.
- More information about personal data handling is specified on the web site of the Operator in the relevant section.
Part 5. Final provisions
- In cases where the Customer acts as a consumer with respect to the Provider and if any consumer-related dispute which cannot be resolved in an amicable way arises, the Customer in the position of consumer may submit a proposal for off-court resolution of the consumer dispute to the Czech Trade Inspection Central Inspectorate – Department of ADR, Štěpánská 15, 120 00 Prague 2, e-mail: email@example.com, web: adr.coi.cz). In such case, the Customer who acts as a consumer may also use the online consumer dispute platform which is administered by the European Commission and is available at: http://ec.europa.eu/consumers/odr/.
- Matters not explicitly laid down herein and the rules of Advertising shall be also governed by the supporting Business Terms and Conditions and other applicable legislation, including but not limited to Act no 89/2012 Coll., the Civil Code.
- The Operator shall not be liable for loss caused to the Customer by not being timely informed about change of any of the above mentioned services for the sole reason of not using them.
- The Operator hereby reserves the right to unilaterally change these Conditions in a reasonable scope, especially after legislative changes, technical changes within the Seznam Sklik service or related services or in the case of change of operational, organisational or business processes of the Operator. The Operator shall inform the Customer about the change via the service interface at least 7 days in advance of the change effectiveness. The Customer may refuse the change of the Conditions and delete or suspend all its campaigns. If the Customer continues to use the Seznam Sklik service after the Conditions change it is deemed to have accepted the change.