Terms of use
These terms of use govern the use of the Adovinci OÜ website adovinci.com and the offering and provision of advertising services ordered through Adovinci.
The terms of use apply to all Adovinci clients, unless Adovinci and the client have agreed otherwise in writing. If a personal offer conflicts with these terms of use, the personal offer prevails.
1. Use of the website
The advertising surfaces, prices, campaigns, OTS figures, last-minute offers and other information published on adovinci.com are intended to give an overview of the advertising opportunities offered by Adovinci.
General information published on the website is not a binding offer, unless Adovinci has specifically stated otherwise. The terms, advertising surfaces, period and price of a specific campaign are set out in a personal offer prepared for the client.
Adovinci has the right to change the information, advertising surfaces, prices and other data on the website. Changes do not affect offers already confirmed or contracts already concluded.
2. Offer and conclusion of the contract
A personal offer sent by Adovinci to a specific client is an offer within the meaning of § 16 of the Law of Obligations Act, unless the offer indicates otherwise.
The client's clear and unconditional agreement to the offer by email or in another form that can be reproduced in writing is deemed acceptance of the offer within the meaning of § 20 of the Law of Obligations Act.
The contract is deemed concluded from the moment Adovinci has received the client's acceptance in accordance with § 9(2) of the Law of Obligations Act.
No specific wording is required for confirmation. It is sufficient that the client's declaration of intent clearly shows that the client agrees to the offer sent to them.
If the client replies with a proposal to change the price, period, advertising surfaces or other essential terms, this is not deemed acceptance of the original offer. The change takes effect only if Adovinci agrees to it.
By confirming the offer, the client confirms that they have read the offer and these terms of use and agree to them.
3. Binding nature of a confirmed offer
Upon confirmation of the offer, Adovinci reserves for the client the advertising surfaces, advertising volume and campaign period named in the offer.
For a business client, a confirmed offer is binding and the client is obliged to pay the agreed sum in full even if the client decides to withdraw from the campaign in full or in part after confirming the offer, unless Adovinci gives prior written consent to the change or the law provides otherwise.
The client's unilateral withdrawal after confirming the offer does not automatically terminate the concluded contract or release the client from the payment obligation.
This clause applies to a consumer client only to the extent that it does not limit the rights granted to the consumer by law.
4. Changing the campaign
After the offer has been confirmed, the campaign terms can be changed only with Adovinci's prior consent.
A confirmed campaign period cannot be shortened. The campaign period may be extended with Adovinci's consent.
With Adovinci's consent, the campaign may be moved to another period provided that the new campaign period starts at least three calendar days after the change is agreed and the desired advertising surfaces are available in the new period.
Removing or adding advertising surfaces, changing the period or any other change to the offer after its confirmation takes place only by agreement between the parties.
5. Price and invoicing
The price of the service is set in the personal offer confirmed by the client.
By confirming the offer, the client undertakes to pay the invoice issued for the service provided by Adovinci in accordance with the price and terms agreed in the confirmed offer.
If the offer separately states the price excluding VAT, the VAT and the price including VAT, the final price including VAT stated in the offer is payable.
Adovinci issues the invoice to the client on the last day of the campaign period. The client is obliged to pay the invoice by the due date stated on the invoice.
The client's later unilateral withdrawal from a confirmed campaign does not release the client from the payment obligation, unless Adovinci has agreed to the change in writing or the law provides otherwise.
If the advertising service is ordered by an advertising or media agency for its own client, the agency that confirmed the offer is deemed Adovinci's contractual partner and the recipient of the invoice, unless agreed otherwise in writing.
6. Submission of advertising materials
The client is obliged to submit the advertising materials required for the campaign no later than three calendar days before the start of the campaign period.
If the client submits the advertising materials later, Adovinci will publish the materials at the first reasonable opportunity. A delay in submitting advertising materials caused by the client does not automatically extend the campaign period or reduce the campaign price.
If the material submitted by the client does not meet the technical requirements of the advertising surface, Adovinci will notify the client at the first opportunity. The client is responsible for submitting material that meets the requirements.
A delay caused by correcting or resubmitting material does not reduce the agreed price or automatically entitle the client to an extension of the campaign period.
7. Content of advertising materials and the client's responsibility
The client is fully responsible for the content and lawfulness of the advertising materials submitted to Adovinci.
By submitting the materials, the client confirms that they hold all necessary rights to use the texts, photos, videos, logos, trademarks, designs and other content used in the advertisement, and that publishing the advertisement does not violate legislation or the rights of third parties.
Adovinci is not obliged to legally review the advertising materials submitted by the client before publication.
Adovinci has the right to refuse to publish material if its content is clearly unlawful, contrary to good practice or could justifiably infringe the rights of a third party.
8. OTS
The OTS shown in offers and on the website is a forecast indicator.
OTS is not a guaranteed number of contacts, views or ad impressions noticed, and the actual result of the campaign may differ from the forecast.
An actual result that differs from the forecast OTS does not in itself constitute grounds for reducing the campaign price, extending the campaign or claiming compensation.
9. Technical operation of advertising surfaces
Adovinci does what is reasonably necessary to ensure that the advertisement is visible on the selected advertising surfaces during the agreed campaign period.
Individual or short-term technical interruptions, maintenance work, power outages or other temporary disruptions that do not materially affect the provision of the service do not in themselves constitute grounds for reducing the price, extending the campaign or claiming compensation.
Adovinci does not guarantee the absolute and uninterrupted technical operation of the advertising surfaces.
If the service is materially not provided for reasons attributable to Adovinci, the agreement of the parties and the legal remedies arising from law apply.
10. Consumer client
A consumer is a natural person who concludes a contract for a purpose unrelated to their economic or professional activity.
If a consumer concludes the advertising service contract by means of communication, for example by email or via the internet, the consumer rights arising from the Law of Obligations Act apply to them, including the 14-day right of withdrawal in the cases provided by law.
If the consumer wishes the provision of the advertising service to begin before the end of the 14-day withdrawal period, they must explicitly request this.
These terms of use do not limit the rights of the consumer arising from law.
11. Liability
The parties are liable for breaching their contractual obligations to the extent provided in the legislation of the Republic of Estonia and in the agreement between the parties.
Adovinci is not liable for a delay, shortening or reduced result of the campaign caused by the client's own action or inaction, including where the client fails to submit advertising materials on time or in the required format.
Adovinci is not liable for circumstances that Adovinci cannot reasonably control.
12. Settlement of disputes
The law of the Republic of Estonia applies to the terms of use and to the contracts between Adovinci and the client.
Disputes are first sought to be resolved through negotiations between the parties.
If no agreement is reached, the dispute is resolved in a competent court in the procedure provided by the legislation of the Republic of Estonia.
In the cases provided by law, a consumer client also has the right to turn to the Consumer Disputes Committee.
13. Changing the terms of use
Adovinci has the right to change these terms of use.
The current version of the terms of use is always published on the website.
Changes to the terms of use made after a specific offer has been accepted do not retroactively change the terms of a contract already concluded, unless the parties separately agree so or the change arises from law.
14. Contact
Adovinci OÜ Email: sales@adovinci.com Web: adovinci.com