Terms & Conditions for Publishers (effective from 29.09.2023)
Terms & Conditions for Publishers
General provisions
These Terms and Conditions ("Regulations") set out the Regulations for the provision of the service electronically by means of the Internet Platform, located at the address www.whitepress.com (hereinafter: "Platform"), to Internet end-users visiting the Platform who complete all legal and factual actions provided for in the Regulations (hereinafter: "Users") and, at the same time, are Publishers within the meaning of clause. 1.8 below.
The Platform brings together a database of Advertisers, Publishers, Influencers and Journalists. The database referred to in the preceding sentence is verified and updated by the Service Provider, and any change to it is not considered a change to the Terms and Conditions.
The Services are provided by WhitePress s.r.o. a limited liability company with its registered office in Slovakia, at Mlynská 27, 040 01 Košice, Slovakia, registered under the entry number: 52 416 160, TAX ID No.: 212 102 23 21, hereinafter referred to as "Service Provider".
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"Advertiser" is understood to mean a User of the Platform whose situation is governed by the ADVERTISER REGULATIONS.
"Journalist" is understood to mean the Platform User placed by the Service Provider in the database of Journalists (Copywriters), whose situation is governed by the JOURNALIST REGULATIONS.
An "Influencer" is understood to be a Platform User placed by the Service Provider in the Influencer database, whose situation is governed by the INFLUENCER REGULATIONS.
A "Publisher" shall be understood to mean a Platform User placed by the Service Provider in the Publisher database, after having previously registered an account with the Platform, who publishes articles on their web portals or blogs, and whose situation is governed by these Regulations.
The Publisher publishes on the Platform a list of his/her web portals or blogs (hereinafter: "Portals") to which the intermediation referred to in clause 2.1 of the Terms and Conditions applies. For each Portal, the Publisher provides information about its address, subject matter, description, popularity and other data important to Advertisers.
Working days within the meaning of the Regulations shall be understood as any day other than Saturday, Sunday and any other public holiday. Where the Regulations refer to "days" it shall be understood to mean calendar days.
The provisions of other documents available on the Platform website to which these Terms and Conditions refer shall form an integral part of the Terms and Conditions. If the provisions of these documents conflict with the content of the Terms and Conditions, the Publisher shall be bound by the provisions of the Terms and Conditions.
All Services provided on the basis of the Regulations and connected with the functioning of the Platform are intended for persons who use these Services for purposes connected with their own business activity and, at the same time, are of a professional nature for them. Whenever the Services covered by the Regulations and related to the functioning of the Platform are wished to be used by a consumer or entrepreneur for whom the Services covered by the Regulations are not of a professional nature, then agreements with such consumer or entrepreneur for the provision of the Services offered shall be concluded on individually agreed terms and conditions and these Regulations shall not be directly applicable to such consumer or entrepreneur, subject to clause 2.7 of these Regulations.
A Publisher using the Platform is obliged to:
use the Platform in a manner that does not interfere with its functionality;
to use the Platform in a manner that is not disruptive to other Users and the Service Provider, and to refrain from any action that may cause harm to other Users of the Platform or the Service Provider;
not to provide or transmit on the Platform any unlawful content;
not to send or post unsolicited commercial information on the Platform;
to comply with the prohibition of web data extraction (web scraping) and the running of any scripts, bots or similar tools within the Platform, the Service Provider's website and all its sub-sites.
Services
The services provided by the Service Provider on the basis of these Terms and Conditions (hereinafter: "Services") consist in particular of making the Platform and its functionalities available, including the possibility of creating an account, making communication tools available, and mediation:
The intermediation of the Service Provider, in accordance with the provisions of the Terms and Conditions applicable to the relevant Service, may consist of acting in the name of and on behalf of the Platform User or in its own name but on behalf of the Platform User.
between Publishers and Advertisers in the publication of paid (sponsored) articles, guest articles or other types of content;
between Journalists and Publishers in the development of Content at the request of the Publisher;
between Platform Users in the provision and use of other services offered via the Platform.
The conclusion of the contract for the provision of Services takes place upon acceptance of the Regulations by the User. The scope and manner of use of the aforementioned Services shall be specified by the Service Provider in the content of the Regulations and the documents to which the Regulations refer.
The service related to the provision of the Platform is performed when access to the Platform or its selected functionalities is obtained.
The availability of the features of the Platform selected by the Service Provider is chargeable. Their scope and chargeability are determined by the provisions of the documents on the Platform which relate to the Service in question. The conclusion of the contract for the provision of chargeable Services occurs at the time indicated by the provisions of the Regulations relating to the Service in question.
Proper use of the Platform is possible using a PC, Mac or similar computer connected to the Internet, equipped with an operating system (Windows, Mac OS, Linux or similar) and a web browser (Microsoft Edge, Firefox, Chrome, Opera, Safari). Some services and tools may require access to an email account, and use of particular Services requires JavaScript unless otherwise noted.
When using the Platform, cookies are installed on the User's computer system. The Regulations for the use of cookies are set out in the PRIVACY POLICY.
If the Publisher is a consumer or an entrepreneur for whom the use of the Services is not of a professional nature (hereinafter: Publisher-consumer), the contract between the Service Provider and the Publisher-consumer shall be concluded on terms and conditions determined individually, with the reservation that the provisions of the Terms and Conditions and the documents to which the Terms and Conditions refer shall apply to the Advertiser-consumer with regard to prices and, depending on individual arrangements, to the rest respectively.
Registering an account on the Platform
A Registered User of the Platform is a User who, after accepting the Terms and Conditions, completes the registration procedure on the Platform, ending with the successful creation of an account.
The registration procedure consists of filling in an electronic registration form, accepting the Terms and Conditions and giving consent to the extent indicated by the Service Provider and reading the PRIVACY POLICY. Acceptance of the Terms and Conditions is voluntary but necessary in order for the Publisher to create an account and use the Services. With the acceptance of these Regulations by the Publisher, an agreement is concluded between the Publisher and the Service Provider concerning the Services provided by the Service Provider, the Regulations of use of the Platform and its functionality (its accessibility).
As a result of registration on the Platform, the Publisher is assigned an account. The final decision on registration is taken by the Service Provider, who may refuse it if the Publisher or his/her Portal does not meet the requirements set out by the Terms and Conditions.
The Publisher must have full rights to dispose of and dispose of the Websites, including their content. If these rights are of a relative nature, i.e. based on contracts of an obligatory nature (and not in rem), then the Publisher must inform the Service Provider of this fact and, at the Service Provider's request, present the relevant authorisations from the owner of the Portal in question, which does not prejudice the owner's right to cooperate directly with the Service Provider as a Publisher.
In the event of an intention to make a change of ownership (based on a contract of sale or otherwise) concerning the Portal on which an article has been published in accordance with the provisions of the Terms and Conditions, the Publisher is obliged to cause the purchaser to continue to use the provided Portal space for a previously agreed period, under pain of liability for damages against the Service Provider, including those related to the Advertiser's claims directly against the Service Provider.
The Publisher is obliged to ensure the proper quality of the Portal, in particular with regard to the technical aspects of its operation, appearance and content. The basic quality requirements in this regard are defined by the Platform.
The Publisher acknowledges and accepts that:
the requirements described in section 3.6 of the Terms and Conditions above are of a basic nature and do not constitute a closed list of conditions required to be met by the Publisher's Portal(s);
the final decision as to whether each of the Publisher's Websites meets the requirements and whether it is possible to add a Website to the Publisher's account on the Platform rests with the Service Provider, who, in taking this decision, is guided by the broadly understood interests of Advertisers as the ultimate principals and beneficiaries of the service provided by the Publisher.
The Publisher declares that with respect to materials (including content) independently published on the made available area of the Portals, i.e., which publication is not related to the performance of the agreement concluded by the Publisher with the Service Provider:
will hold, to the extent necessary, the copyright and related rights or licences in these materials;
the use of such material for the purpose of implementing the contract does not infringe on the copyright of third parties;
will have all the necessary permissions to disseminate the image of the persons indicated in these materials;
the use of such material will not infringe the copyrights or industrial property rights of third parties and, in particular, will not infringe any trade mark or reputable trademark protection rights, will not constitute an act of unfair competition, and will not infringe the law, good morals, the Regulations of social intercourse or the legitimate interests of third parties.
It shall be prohibited for a Publisher to act to the detriment of other Users of the Platform or to undertake activities that may potentially cause damage to other Users of the Platform. The prohibition referred to in the preceding sentence includes, in particular, actions such as: posting unnatural links to published articles (or other social media posts), stirring up unnatural comments under published articles, directing unnatural traffic to published articles, irrespective of the aim the Publisher wishes to achieve through such actions.
The Service Provider shall be entitled to remove a given Publisher's Portal from the Platform in the event that the Publisher, within the framework of the information about that Portal or with regard to its content, violates the provisions of these Regulations, including in the event that the Publisher makes the false statements referred to in clause 4.11 of the Regulations.
Notwithstanding the right to delete the Portal, the Publisher's account on the Platform may be deleted or suspended by the Service Provider without any prejudice if the Service Provider determines that the Publisher:
violates the provisions of the Regulations, including the provisions of the law referred to in the Regulations;
does not perform its duties properly;
the data provided by him/her is incorrect or incomplete, including in particular information relating to the Sites;
has not logged on to the Platform for a cumulative period of 12 months since the last login; if the interruption lasts longer than 3 months, the account may be suspended.
An account may also be deleted if the Portal (all Publisher's Portals) does not meet the requirements of the Terms and Conditions.
The reinstatement of a Publisher's account that has been terminated or the unblocking of a Publisher's account that has been blocked by the Service Provider requires the rectification of the violations referred to in clauses 3.10 - 3.12 of the Terms and Conditions above and the consent of the Service Provider, who is not obliged to grant it.
Content publishing services
The Platform enables Users registered as Publishers to conclude agreements with the Service Provider for the provision of space on the Publisher's Portal(s) in order to publish sponsored articles and guest articles ordered by Platform Users with a registered Advertiser account.
The Service Provider, by means of the Platform, seeks Advertisers interested in making available the space of the Portals and in publishing on them the sponsored articles referred to in sec. 5 of the Regulations, but the Service Provider does not make any promise in this regard, either with regard to acquiring Advertisers or the turnover generated by Publishers in this respect.
The Service Provider, via the Platform, orders, on behalf of the Advertiser, the provision of Portal space to the Publisher for the publication of articles, whereby the following conditions must first be fulfilled:
the content of the article is ready and available on the Platform for review by the Publisher (including attachments, structure, layout of links);
the Advertiser declares and marks whether the content of the article meets the premise of uniqueness.
The Service Provider declares that, pursuant to the provisions of the ADVERTISER REGULATIONS, it is the Advertiser who ensures that the paid article submitted for publication complies with the law, both with regard to its content and acceptability of publication, as well as that the Advertiser will own the rights to the content and other forms of media used (photographs, graphics, etc.) with regard to this article. The service provider is not obliged to verify that the paid articles provided (including the consequences of their subsequent publication) do not infringe the law, both with regard to their content, admissibility of publication and the possession by the advertiser of rights (in particular copyright) to the content and other forms of media used (photographs, graphics, etc.). The Service Provider is not responsible for the possible consequences of publishing a paid article in violation of the provisions of the applicable law.
The Publisher may reject an order for publication if the content, subject matter or other features of an article submitted for publication raise doubts about its compliance with the law or applicable standards. By the fact that the Publisher is publishing the article, the publisher acknowledges that he has read the content of the article and assumes the risk of its publication.
The Publisher has the possibility to declare in the Platform the publication of articles in topics marked in the Platform as "sensitive topics". By means of the relevant parameter settings, the Publisher may decide on the subject matter of the publication that it authorises, but, irrespective of the filter set, the Publisher has the option in each case to reject the order for a specific publication. The reservation indicated in the preceding sentence excludes the use by the Publisher of the Platform and the Services offered by the Service Provider to publish content that promotes products and services whose advertising and promotion is unlawful, such as but not limited to: gambling, alcoholic beverages and tobacco products, psychoactive substances, narcotics, medicines and other pharmaceuticals, services for the sale, purchase or mediation of the sale or purchase of cells, tissues and organs, medical services, services of lawyers, solicitors, notaries and other professional groups covered by the advertising ban.
Before concluding an agreement within the functionalities of the Platform, which takes place at the moment indicated by the relevant provisions of the Terms of Use, the Publisher and the Advertiser (hereinafter also referred to as: Parties) are obliged to confirm the correctness of the order for the publication of content on the Portal and the Publisher's declaration of acceptance of the order.
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The conclusion of the contract and its terms and conditions shall be recorded by means of an email sent to the Parties as part of the functionality of the Platform.
None of the contracts provided for by the Terms and Conditions, concluded through the use of the functionality of the Platform between the Publisher and the Service Provider, may be concluded by implication.
The Publisher declares that:
is authorised to make the space on the Portals available for the publication of articles added to the Platform, and that the information he/she provides on the Portals is reliable, up-to-date and true;
the provision of space on the Portal(s) and the publication of articles on the Portal(s) do not infringe any third party rights;
has all the necessary permissions and consents for publishing on the Portal(s) surface, in particular with regard to the processing of personal data and the installation and use of cookies;
the Publisher further declares that in the event of any claims relating to the provision of Portal space and the publication of articles commissioned by the Advertiser, against the Service Provider, the Publisher undertakes to defend the Service Provider against such claims and will reimburse the Service Provider for all costs and expenses related thereto.
The Publisher, in order to comply with its obligations under the law, undertakes to collect, through its Portal, consent for:
the installation on the Portal visitor's terminal equipment of the Service Provider's cookies, for the purpose of processing personal data, including traffic analysis and keeping statistics on site visits, resulting from Article 6(1)(a) of the GDPR;
the installation of the Service Provider's cookies in the Portal visitor's terminal equipment, pursuant to applicable provisions of law.
The Publisher, when collecting the aforementioned consents, undertakes to enable the Service Provider to comply with its information obligation of the GDPR by providing a link to the Service Provider's PRIVACY POLICY on the Portal.
The Publisher undertakes to archive the consents obtained in such a way as to identify the person who gave the consent and to ensure an appropriate level of reporting, including making the relevant information available immediately, whenever requested by the Service Provider.
Sponsored articles (paid)
Sponsored articles (hereinafter referred to as "sponsored articles" or "paid articles") mean texts (with attached media) advertising the Advertiser's product, company or service or other texts of an informative nature. When submitting a paid article for publication, the Advertiser specifies whether it is unique content, i.e. previously unpublished on the Internet, or whether it is content previously published on the Internet. This designation is visible on the Platform to both the Service Provider and the Publisher.
The Publisher, by means of the Platform, determines:
the technical requirements for sponsored articles, the publication of which on the Publisher's Portal can be ordered and carried out via the Platform;
the amount of net remuneration the Publisher wishes to receive from the Service Provider for the publication of each sponsored article;
whether the amount of remuneration depends on additional parameters set by the Publisher (e.g. sharing information on a Facebook profile);
examples of reasons why a Publisher has the right to refuse an offer to publish a sponsored article
It is also possible to prepare the content of a paid article by a Publisher within the functionalities of the Platform. In such a case, the Regulations of preparation of such an article are determined each time by arrangements between a Publisher and a Service Provider, whereas an Advertiser ordering a sponsored article from a Service Provider does not acquire any rights to the content or form of the material created by a Publisher. A sponsored article prepared by a Publisher, as well as its publication on the Site, may not violate any laws or rights of third parties, including in particular author's property rights, industrial property rights, good customs, principles of social coexistence, legitimate interests of third parties, or constitute an act of unfair competition.
Information about the Advertiser's order for publication is sent to the Publisher's e-mail address indicated in the Publisher's account on the Platform. The Publisher will receive this information immediately after the Advertiser has placed the relevant order on the Platform.
The conclusion of a contract between the Publisher and the Service Provider for making the Portal space available for the publication of a paid article ordered by an Advertiser shall take place at the moment of acceptance of the order, i.e. at the moment of publication of the article content on the Publisher's Portal, subject to the provisions of clause 5.6 below. 5.6 of the Regulations below.
The Publisher is obliged to publish the article within 3 working days from the date of receiving the order for publication, unless a different publication deadline is specified in the Publisher's offer for publication on the chosen Portal or in the event that the Advertiser specified a different publication deadline as part of the order placed. In the event of failure to publish within the deadline indicated in the preceding sentence, the Publisher is deemed to have refused the order and the Service Provider has the right to mark the refusal of the publication on the Platform, which will result in the notification of the refusal to the Advertiser ordering the publication. In such a situation, the Publisher is not entitled to the remuneration specified in the order granted.
The Publisher undertakes not to contact the Advertiser, bypassing the Service Provider, in any matters related to the orders placed, the provision of Portal space and the publication of paid articles, carried out through the Platform, except in the cases expressly permitted by the Regulations. The Service Provider reserves the right to intervene in the course of communication between the Advertiser and the Publisher in order to ensure the smooth course of the Services and compliance with the Regulations.
In the event of unusual guidelines regarding the timing of the provision of Portal space and publication, the occurrence of reasons for rejection of an article by the Publisher, or other unusual requirements on the part of the Advertiser, the Publisher has the right to refuse to publish a sponsored article.
As part of the Platform's functionality, no later than 24 hours after the publication of the ordered sponsored article on the Portal, the Publisher is obliged to indicate on the Platform that the Portal space has been made available and that the agreed publication has been carried out. In the aforementioned sense, "marking" means that the Publisher provides the Internet address of the subpage on the Portal where the article is published. Marking has the effect of automatically notifying the Advertiser through the Platform or sending information to the Advertiser by e-mail about the publication of the paid article.
Once the article has been published and marked on the Platform, the Advertiser verifies the fact that the Portal has been made available and the correctness of the publication, with the Service Provider also having the right, but not the obligation, to carry out the verification. Verification consists in checking the compliance of the provision of the Portal and the publication of the paid article with the order placed and the agreement concluded in this regard.
The verification referred to in para. 5.10 of the Regulations and Regulations above, must be made no later than 3 working days after the Publisher marks the publication. If, in accordance with the Publisher's offer accepted by the Advertiser, it is the Publisher who prepares a paid article, the Advertiser shall accept its content within 2 working days from the date of submission of the paid article by the Publisher - in this respect the provision of para. 8.12 of the Regulations shall apply accordingly. If an Advertiser fails to verify the publication of an article within 2 working days of the identification of the fact of publication by the Publisher, it shall be deemed that the paid article has been correctly published.
In the event of correct access to the Portal space and publication, i.e. if no remarks are made by the Advertiser or Service Provider in the course of verification, the Publisher shall be entitled to issue to the Service Provider a VAT invoice or other appropriate document, e.g. a bill issued by a Publisher who is not a VAT payer, for an amount corresponding to the value of the publication, as specified on the Platform by the Publisher, in accordance with the provisions of clauses 5.2. 5.2 b) and c) of the Regulations. At the Publisher's option, the Publisher may issue to the Service Provider a collective VAT invoice covering all the publications made under the concluded agreements and the Portal spaces made available, from a period selected by the Publisher. Payments to the Publisher shall be made in accordance with the provisions of para. 11 of the Regulations.
In the event that the Portal space is not made available or in the event that the Publisher publishes a paid article in a manner inconsistent with the agreement or delays in making the Portal space available, the Service Provider, together with the Advertiser, shall decide whether:
the Publisher shall amend the content of the publication - in which case the service provider and the advertiser shall agree on the date, type and extent of the necessary changes to be made;
the Service Provider withdraws from the contract with the Publisher as a result of the Advertiser withdrawing from the contract concluded with the Service Provider, in whole or in part.
The Publisher undertakes to maintain the publication of the article for a period of at least one year from the date of publication in unchanged content, unless otherwise specified when the type of Service is agreed.
The Publisher has the right to change the internet address of the made available Portal space on which the paid article is published during the publication period referred to in section 5.14. In the event of a change of address or domain, this must be done with a 301 redirect. Such a change will not be considered a breach of the Regulations for making the Portal space available and publishing the sponsored article.
In the event that the Publisher has received a manual filter "Unnatural links from your site" or an analogous filter (from Google) concerning the portal on which the publication took place, the Publisher may change the attribute of the links in the article to nofollow. Such an action will not be considered a breach of the agreement concluded with regard to the provision of space on the Portal and the publication of the sponsored article, provided that the Publisher demonstrates this fact by sending the Service Provider a relevant document confirming the receipt of such a filter.
The Service Provider may electronically request the Publisher to remove a previously ordered and published article from the Portal, without having to specify the reason. In this case, the Publisher undertakes to remove the article within 3 working days of receiving the relevant request from the Service Provider.
In the event that an article is removed or altered without agreement before one year has elapsed from the date of publication, the Publisher shall be liable. This applies in particular:
deliberate deletion of an article by the Publisher or alteration of its content (including deletion of a link, de-indexing of a sub-page with an article);
permanent inaccessibility of the Publisher's website due to the Publisher's fault, in particular due to deletion of the Portal (termination of the Portal);
the transfer of the rights to the Portal and the abandonment of further publication by the purchaser.
The period of access to the Portal area and the publication of a paid article may be shortened, without the right to make any claims against the Publisher, including reimbursement of remuneration or claiming damages, if:
the publication has been removed on the grounds that its content or form violates the law or there is a reasonable suspicion that it violates the law;
the publication was removed because it infringed the rights of third parties or there was a reasonable suspicion that it infringed the rights of third parties;
the publication has been removed at the request of the Advertiser or Service Provider, in accordance with clause 5.17 of the Regulations;
the Advertiser acted knowingly to the detriment of the Publisher, e.g. by linking the article unnaturally;
the Advertiser has breached the provisions of the Advertiser's Terms and Conditions that relate to its obligations after the date of publication;
the removal of the article is a consequence of force majeure;
the Publisher has terminated the Portal and is not continuing with another Portal.
The provisions of Clause 5.19 above shall not apply during the period in which a 36-month Guarantee service has been purchased for the publication in question, provided such a service is offered by the Publisher concerned and on the Portal on which the publication is to take place.
In the event of a breach of the Regulations for the provision of the Portal space and the execution of the ordered publication, including, in particular, the case referred to in para. 5.13 or 5.18, if the Advertiser addresses its claims to the Service Provider, the Service Provider (or the Advertiser - if the Service Provider transfers its recourse claims to the Advertiser to the Publisher, to which the Publisher agrees), may file a corresponding claim against the Publisher. The Publisher's liability related to improper performance of the agreement for providing access to the Portal area and publishing a sponsored article is limited to the amount of remuneration under the aforementioned agreement, except in cases of wilful misconduct.
In the event that there are grounds for reimbursement, in whole or in part, of the remuneration by the Publisher referred to in clause 5.21 of the Regulations and Regulations above, including as a result of the withdrawal referred to in 5.13(b) of the Regulations and Regulations, and the Service Provider does not obtain reimbursement from the Publisher within 10 working days, the Advertiser will be entitled to claim reimbursement of the costs of making the Portal space available and publishing the sponsored article directly from the Publisher. To this end, the Service Provider is entitled to take all measures to enable the Advertiser to exercise this right, including ceding the claim to the Advertiser and providing the Advertiser with the address and contact details of the Publisher.
Guest articles
Guest articles mean unique texts provided by the Advertiser (including their appendices), not yet published on the Internet, characterised by professionalism, whose message is not directly of an advertising nature. Guest articles previously covered by any agreement for their publication cannot be the subject of another agreement for the provision of space on the Portal and publication. By submitting a guest article, the Advertiser declares and confirms that it is unique and previously unpublished content.
The service provider declares that, according to the provisions of the ADVERTISER REGULATIONS, the Advertiser is the entity responsible for the legality of the guest article submitted for publication, both in terms of its content, form and acceptability of publication. At the same time, in accordance with the Advertiser's Terms and Conditions, the Advertiser who gives an order for the publication of a guest article undertakes and declares that it owns the rights to the content and other works used within the guest article, such as photographs, graphics, etc. The service provider is not obliged to verify whether the submitted guest articles and their publication do not infringe applicable laws, such as those concerning content, linking, permissibility of publication, use of other works. The Service Provider is not responsible for possible violations of the law caused by the publication of guest articles provided by the Advertiser.
A guest article caption may include:
the name of the person identified by the Advertiser as the author;
company name;
link to the website of the company or the author of the text (dofollow).
Independently of the guest articles whose content is provided by Advertisers, the Service Provider provides a database of guest articles within the Platform.
In accepting orders for the provision of Portal space for the publication of guest articles, the Publisher shall have the opportunity to view an excerpt of the content of the guest article prior to downloading it for publication.
As part of the order for the publication of a guest article, the Advertiser may impose additional requirements on the Publisher, provided that complete information regarding the additional requirements for publication on the Platform is posted with the content of the guest article being published. The Advertiser's additional requirements for the publication of a guest article may relate to:
popularity, subject matter, technical parameters of the Publisher's Portal(s), within the space of which the Advertiser allows the publication order;
exclusion of Portals chosen by the Advertiser, including because of their content, opinions about the site or not accepting the terms of publication offered on such Portals;
other conditions of publication;
the cost of downloading the article in the amount of the handling fee payable to the Service Provider; this cost may be "EUR 0" if it was incurred by the Advertiser. If there is a cost, the Publisher shall pay the indicated amount before downloading the article, in accordance with the provisions of the Regulations.
The Publisher is not entitled to remuneration for making the Portal space available and publishing the guest article.
The conclusion of an agreement between the Service Provider and the Publisher concerning the provision of space on the Portal and the publication of a guest article shall take place when the Publisher downloads a guest article made available on the Platform for publication. Within the framework of the agreement concluded, the Publisher shall be entitled to publish the guest article only within one Portal, subject to the provision of para. 6.20 of the Regulations.
Under the contract for the publication of the guest article referred to in para. 6.8 of the Terms and Conditions above, the Publisher shall not acquire any copyright in the downloaded guest article.
Downloading guest article Publisher:
shall be given access to its full content, including any annexes;
undertakes to publish it on the Portal area made available for this purpose, in substantially unchanged content (only minor changes are permissible if they do not alter the substantive meaning contained in such an article) within 3 working days of its downloading, under the terms of the Regulations.
As part of the Platform's functionality, no later than 24 hours after the publication of a guest article on the Portal, the Publisher shall be obliged to indicate on the Platform that the Portal space has been made available and that the agreed publication has been carried out. The term "marking" in the aforementioned sense shall be understood as the Publisher providing the Internet address of the sub-page of the Portal on which the article has been published. The marking has the effect of automatically notifying the Advertiser through the Platform or sending information to the Advertiser by e-mail about the publication of the guest article.
Once the guest article has been published and marked on the Platform, the Advertiser verifies the fact that the Portal has been made available and the correctness of the publication, with the Service Provider also having the right, but not the obligation, to carry out the verification. The verification consists in checking the compliance of the provision of the Portal and the publication of the guest article with the agreement concluded in this respect.
The verification referred to in para. 6.12 of the Regulations above, must be made no later than 3 working days after the date of marking of the publication by the Publisher. If the Advertiser fails to verify the publication of a guest article within 3 working days of the Publisher's marking of publication, the guest article shall be deemed to have been published correctly.
In the event of the provision of Portal space and the publication of a guest article by the Publisher in a manner inconsistent with the contract or in the event of a delay in publication, the Service Provider shall decide together with the Advertiser whether:
the Publisher shall amend the content of the publication - in which case the service provider and the advertiser shall agree on the date, type and extent of the necessary changes to be made;
the Service Provider withdraws from the contract with the Publisher as a result of the Advertiser withdrawing from the contract concluded with the Service Provider, in whole or in part.
If, as a result of the non-conformity of the Service with the contract, one of the circumstances referred to in clause 6.14 of the Regulations above occurs, the Advertiser shall direct any claims on this account directly against the Publisher. To this end, the Service Provider shall take all steps to enable the Advertiser to exercise this right, including assigning the claim against the Publisher to the Advertiser and providing the Advertiser with the address and contact details of the Publisher, to which the Publisher hereby agrees.
The Publisher shall maintain the publication of the guest article for at least one year, subject to the occurrence of any of the circumstances indicated in para. 6.17 of the Regulations.
The period of access to the Portal area and the publication of the guest article may be reduced if:
the publication has been removed on the grounds that its content or form violates the law or there is a reasonable suspicion that it violates the law;
the publication was removed because it infringed the rights of third parties or there was a reasonable suspicion that it infringed the rights of third parties;
the publication has been removed at the request of the Service Provider;
the Advertiser acted knowingly to the detriment of the Publisher, e.g. by linking the article unnaturally;
the Advertiser has breached the provisions of the Advertiser's Terms and Conditions that relate to its obligations after the date of publication;
the removal of the article is a consequence of force majeure;
the Publisher has terminated the Portal and is not continuing with another Portal.
The Service Provider may electronically request the Publisher to remove a previously ordered and published guest article from the Portal, without having to give a reason. In this case, the Publisher undertakes to remove the published article within 3 working days of receiving the relevant request from the Service Provider.
The Publisher shall have the right to change the URL of the Portal space provided where the guest article is published during the publication period referred to in Section 6.17 of the Terms and Conditions. In the event of a change of address or domain, this must be done with a 301 redirect. Such a change will not be considered a violation of the Regulations for the provision of Portal space and the publication of the guest article.
In the event that the Publisher has received a manual filter "Unnatural links from your site" or an analogous filter (from Google) concerning the portal on which the publication took place, the Publisher may change the attribute of the links in the article to nofollow. Such an action will not be considered a breach of the agreement concluded with regard to the provision of the Portal space and the publication of the guest article, provided that the Publisher demonstrates this by sending the Service Provider an appropriate document confirming the receipt of such a filter.
As part of the Platform's functionality, the Publisher has the possibility of requesting guest articles. This information is disseminated through the Platform to the Advertisers. If the Advertiser prepares a guest article according to the request made by the Publisher, the Publisher is informed of this through the relevant functionality of the Platform.
The Publisher undertakes not to contact the Advertiser, without reference to the Service Provider, either in the matter of making available the space of the Portals for the insertion of guest articles to be or have been published through the Platform, or in the matter of the request for guest articles made by the Publisher, except in the cases expressly permitted by the Regulations. The Service Provider reserves the right to interfere in the course of communication between the Advertiser and the Publisher, in order to ensure the smooth course of the Services and compliance with the Regulations.
Publication of links on the Portal
The Platform enables Users registered as Publishers to conclude agreements with the Service Provider on the provision of space on the Publisher's Portal(s) for the publication of links (hereinafter also: link publication service), ordered by Platform Users with a registered Advertiser account.
As part of the functionality of the Platform, the Publisher generates a link publication offer (hereafter also: link offer), containing at least the following information:
link type;
time of publication;
link parameter;
the method of linking - at your choice:
linking the indicated phrase in the content;
adding short content with a link;
adding a sub-linked statement at the end of the article such as "In collaboration with [...]");
link site wide;
the offer price;
comments on the offer.
The Service Provider, by means of the Platform, seeks Advertisers interested in concluding agreements to make available the space of the Publisher's Portals for the publication of the links referred to in para. 7.1 of the Regulations above, without the Service Provider making any promise in this respect, either in terms of obtaining an Advertiser or the turnover generated by Publishers in this respect.
The Service Provider, via the Platform, orders, on behalf of the Advertiser, the provision of Portal space to the Publisher for the publication of a link, whereby the Publisher's offer to publish a link may relate to:
publishing a link in previously published editorial articles, while ensuring that the link is contextualised to the subject of the publication;
publication of the link in dedicated sections on the Portal (category pages, homepage, dedicated sub-pages),
publication of the site wide link (on all subpages of the publisher's portal).
The Service Provider declares that, pursuant to the provisions of the ADVERTISER REGULATIONS, it is the Advertiser who ensures that the link submitted for publication complies with the law, and the Service Provider is not obliged to verify whether the publication of the Advertiser's link is lawful. The Service Provider is not responsible for the possible consequences of publishing a link in violation of the provisions of the applicable law.
Before concluding the agreement within the functionality of the Platform, which takes place at the moment indicated in sec. 7.8 of the Regulations below, the Publisher and the Advertiser (hereinafter also referred to as: Parties) are obliged to confirm the correctness of the order placed by the Advertiser for the publication of a link on the surface of the Portal and the Publisher's statement of acceptance of the order, including the linking guidelines indicated by the Advertiser at the stage of placing the order.
If either Party, prior to the conclusion of a contract with the Service Provider, confirms to the other Party the receipt of an offer, which may also occur automatically through the functionality of the Platform, such confirmation shall not result in the conclusion of a contract between the Parties, but only in the effect that the offer binds the person making the offer.
The conclusion of an agreement between a Publisher and a Service Provider to make available the Portal area in order to publish a link ordered by an Advertiser takes place at the moment of acceptance of the order by the Publisher.
The conclusion of the contract and its terms and conditions shall be recorded by means of an email sent to the Parties as part of the functionality of the Platform.
None of the contracts provided for by the Terms and Conditions, concluded through the use of the functionality of the Platform between the Publisher and the Service Provider, may be concluded by implication.
The Publisher undertakes not to contact an Advertiser without the assistance of the Service Provider concerning the provision of the Portal space and the publication of the link, except in the cases expressly permitted by the Regulations. The Service Provider reserves the right to interfere in the course of communication between the Advertiser and the Publisher in order to ensure the smooth course of the Order and compliance with the Regulations.
Within the framework of the Platform's functionality, no later than 24 hours following the publication of the link on the Portal - which should take place within 3 days following the conclusion of the agreement between the Publisher and the Service Provider - the Publisher must indicate on the Platform that the Portal space has been made available and that the agreed publication has been made available. The term "designation" in the aforementioned sense refers to the fact that the Publisher provides the Internet address of the Portal made available. The marking has the effect of automatically notifying the Advertiser through the Platform or sending information to the Advertiser by e-mail about the publication of the link.
Once the link has been published and marked on the Platform, the Advertiser verifies the fact that the Portal has been made available and the correctness of the publication, with the Service Provider also having the right, but not the obligation, to carry out the verification. Verification consists in checking the compliance of the provision of the Portal and the publication of the link with the order placed and the agreement concluded in this respect.
The verification referred to in para. 7.13 of the Regulations above, must be made not later than within 3 working days from the date of marking the publication by the Publisher. If the Advertiser fails to verify the publication of an article within 3 working days of the Publisher marking the publication, the publication shall be deemed to have been correctly made.
In the case of correct access to the Portal area and publication, i.e. if no remarks are made by an Advertiser or Service Provider during the verification process, the Publisher is entitled to issue a VAT invoice or another appropriate document, e.g. a bill issued by a Publisher who is not a VAT payer, for the amount corresponding to the price specified in the offer of links, in accordance with the provisions of clause 7.2 of the Regulations. 7.2 of the Regulations. In this respect, the provisions of sec. 5 and para. 11 of the Regulations.
In the event of non-performance or undue performance by the Publisher of an agreement with the Service Provider to make the Portal space available for the publication of a link, the Service Provider shall decide together with the Advertiser whether:
the Publisher corrects the publication - in which case the Service Provider and the Advertiser shall determine the date, type and extent of the necessary changes to be made;
the Service Provider shall withdraw from the contract with the Publisher as a result of the Advertiser withdrawing from the contract concluded with the Service Provider concerning the publication in question, in whole or in part.
To the extent not covered by the provisions of this clause. 7 of the Regulations, the provisions of sec. 5 of the Regulations.
Development of articles and infographics
The Platform enables Publishers to order, through the Service Provider, sponsored articles and expert guest articles as well as infographics (hereinafter: "Content") for their own needs. A Publisher may order Content for purposes other than publication on the Portals.
When Content is ordered by the Publisher:
the Publisher shall specify the type and guidelines of the Content to be ordered and provide any additional information and comments;
the Publisher shall bear the cost of the remuneration for the preparation of the Content in accordance with the current price list available on the Platform.
A Publisher may also order the development of Content that is articles within one of the article packages offered by the Service Provider. The duration of the package service, as well as its cost, depending on the type of package ordered by the Publisher, is each time specified on the Platform next to the description of the service in question.
A Publisher may also order the development of content that is an infographic on the basis of data provided by him or her, or order the development of data and an infographic that relates to that data, as part of one of the packages described in the Platform. The deadline for such a service, as well as its cost, depending on the type of package ordered by the Publisher, is each time specified on the Platform next to the description of the service in question.
The Publisher assures that the data and other elements submitted as part of the order will comply with the law, both in terms of their content and admissibility for publication, and that in the event of the submission of any works as part of the order (photographs, graphics, etc.), the publisher will have the corresponding rights of use, including the right to change, modify and distribute them.
The Service Provider is not obliged to verify whether the data or works provided by the Publisher for the preparation of the ordered Content do not infringe the law, both with respect to their content, admissibility for publication and the Publisher's possession of the relevant rights or authorisations to use them. The Service Provider shall not be liable for any possible infringement of law related to the publication or use of the elaborated Content by the Publisher.
The price of a service consisting of the preparation of Content is determined by the relevant section of the Platform for that service. The Platform may additionally specify additional benefits provided by the Service Provider without charging separate remuneration, including additional services offered periodically or for selected categories of Publishers.
The placement of an order for the preparation of Content by the Publisher constitutes acceptance of the conditions for the preparation of Content as provided for by the Regulations and constitutes the basis for the Service Provider to collect remuneration in the amount specified each time the order is placed.
Once the order for the preparation of the Content has been placed by the Publisher, the Service Provider carries out the order for the preparation of the ordered Content. The contract for the preparation of Content between the Service Provider and the Publisher is concluded as soon as the Service Provider has obtained acceptance of the order placed for the preparation of Content for the Publisher by the Journalist, of which the Publisher is notified through the relevant functionality of the Platform. The Journalist is not obliged to accept the order.
The Publisher is authorised to communicate directly with the Journalist solely through the functionalities of the Platform and solely for the purposes of fulfilling the order granted for the preparation of the Content. The Service Provider reserves the right to intervene in the course of communication between the Publisher and the Journalist in order to ensure the smooth course of the order and compliance with the Terms and Conditions.
The order for the preparation of the Content is fulfilled within the timeframe specified in the Platform for the respective order. In the case of difficult subject matter or a large number of orders, the deadline for completion of the Service may be extended, of which the Publisher shall be notified together with information about the extended deadline. The extension of the order deadline referred to in the preceding sentence shall not exceed 3 working days, unless otherwise agreed.
Once the Content has been prepared, the Service Provider shall make it available to the Publisher, who shall, within 7 working days, accept the prepared Content, which shall be equivalent to its acceptance, or make comments on the Content. If the Publisher fails to verify the Content within 7 working days of making it available, the Content is deemed to have been prepared in accordance with the order placed, and the agreement concluded in this respect between the Service Provider and the Publisher is executed. Any subsequent changes to the prepared Content requested by the Publisher will be treated as a separate order granted for the modification of the Content, which requires the approval of the Service Provider and may be associated with additional costs for the Publisher.
In the event that the Content is not prepared in accordance with the contract or is not prepared within the timeframe indicated in the order, as accepted by the Service Provider, which has been notified in accordance with the provisions of para. 8.12 of the Terms and Conditions, and excluding the case referred to in para. 8.12 last sentence of the Terms and Conditions, the Service Provider, together with the Publisher, shall decide whether:
the Journalist corrects the Content - in which case the Service Provider and the Publisher shall specify the deadline, which shall not be less than 2 working days, and the extent to which the changes have been made. If the Journalist refuses to incorporate the corrections, which he/she is entitled to do, then the right of withdrawal referred to under (b) below will apply;
if the Publisher withdraws from the contract in whole or in part, the remuneration paid by the Publisher will be refunded to the extent of the withdrawal.
Any guidelines by the Publisher regarding the Content to be ordered must be specified by the Publisher at the ordering stage. It is not possible for the Publisher to provide guidelines regarding the length or type of Content beyond those that are standardly specified for the type of Content in question on the Platform. Nor may such guidelines on the part of the Publisher constitute grounds for a complaint as referred to in clause 8.12 of the Regulations.
If, as a result of the non-conformity of the prepared Content with the agreement concluded on this subject, one of the circumstances referred to in clause 8.13 of the Terms and Conditions occurs, the claims on this account may not exceed the amount of the remuneration agreed for the preparation of the Content.
In special situations, the Service Provider reserves the right to charge additional fees for non-standard activities, including where information on such fees was not available on the Platform at the ordering stage or as part of the Content preparation agreement, if these are the fault of the Publisher or were carried out at the request of the Publisher.
Upon receipt of the Content by the Publisher, i.e. upon acceptance of the Content by the Publisher through the relevant functionality of the Platform, the Service Provider grants the Publisher a licence to use the Content.
The granting of the licence referred to in paragraph 8.17 of the Terms and Conditions above shall be made as part of the Service Provider's remuneration for the preparation of the ordered Content. The licence is granted for the fields of use indicated below:
recording and reproduction using any technique, including printing, reprography, digital technology and on magnetic, optical and electronic media, including recording and preservation in the form of an electronic book (e-book) and audiobook, in an unlimited number of copies, editions and reprints, both independently and in combination with other works or materials that do not fulfil the characteristics of a work;
to market and distribute copies or other media in all distribution channels without quantitative, material or territorial limitation or restrictions as to audience, in all available distribution channels, in particular through retail, kiosk, mail order, retail chains, book clubs, cross-selling, direct marketing, mail order, door to door, press inserts, via the Internet and business to business sales (delivery on request to companies), as well as through free giveaways;
the lending, leasing or rental of copies;
to be entered into computer memory and stored in computer memory; to be made available to the public by means of information and communication technology networks, particularly in the form of an e-book and a talking book, and in such a way that members of the public may access it from a place and at a time individually chosen by them;
broadcasting and re-broadcasting by wire or wireless vision or satellite;
public performance, exhibition, display and reproduction;
use in all forms of advertising.
The licence referred to in sec. 8.17 of the Terms and Conditions is granted in perpetuity and without territorial restrictions.
As soon as a licence is granted, the Service Provider consents to the Publisher's use and disposal of the developed Content within the scope of the fields of exploitation referred to in clause. 8.18 of the Regulations.
The Service Provider further declares that it has obtained an assurance from the creator of the Content that upon the transfer of the copyrights in the Content, the creator will not exercise the copyrights in the Content, in particular the creator has authorised the use of the Content without indicating his authorship.
The liability of the Service Provider in respect of the licence granted and consents for the use of the Content by the Publisher, including in the event of claims for infringement of the copyright in the Content brought against the Publisher by third parties, is limited to an amount equivalent to the remuneration of the Service Provider under the contract for the preparation of the ordered Content.
Modification of published articles
Through the Platform, an Advertiser has the possibility of ordering changes to sponsored articles, the publication of which has previously been ordered through the Platform. Changes to published articles are made by the Publisher, taking into account the Advertiser's guidelines.
The service of changing the content in published sponsored articles is payable, the cost of this service depending on the scope of the changes and the amount of remuneration, indicated by the Publisher, whereby the default value of the remuneration for the Publisher for making changes to the article is determined automatically in the Platform and calculated on the basis of the remuneration received by the Publisher for the publication of the article. The Publisher, within the functionality of the Platform, may modify the amount of remuneration for making changes to a published article, depending on the type of changes ordered by the Advertiser.
The Advertiser, within the functionalities of the Platform, is obliged to approve or reject the offer received within 2 working days of the Publisher sending the offer of the modified remuneration. Failure to approve the offer within the aforementioned period shall mean rejection of the offer, which shall result in the non-conclusion of the contract.
Acceptance of the Publisher's offer by the advertiser means that a contract is concluded between the publisher and the service provider to make changes to the published article in accordance with the order placed by the advertiser.
Within 3 working days of the conclusion of the agreement to make changes to the published article, which occurs at the time indicated in para. 9.4 of the Terms and Conditions above, the Publisher is obliged to make and publish the requested changes to the content of the article.
Within the framework of the Platform's functionality, not later than 24 hours from the date of publication of the modifications to the content of the article on the Portal, the Publisher is obliged to notify - by sending a message on the Platform - of the introduction of the modifications and the execution of the agreement. The Advertiser is notified of the modifications made by the Publisher through the Platform or by sending the relevant information to the Advertiser by e-mail.
Once the changes to the content of the article have been published on the Portal and marked on the Platform, the Advertiser verifies the correctness of the changes made, with the Service Provider also having the right, but not the obligation, to carry out the verification. Verification consists of checking the compliance of the changes made with the agreement concluded in this respect.
The verification referred to in sec. 9.7 of the Regulations above, must be made no later than 2 working days from the date of marking the introduction of the changes by the Publisher. If the Advertiser fails to verify the changes within 2 working days from the date of marking the introduction of the changes by the Publisher, it shall be deemed that the changes to the article have been introduced correctly.
If the Advertiser fails to verify the changes to the article publication within 2 working days of its publication, it is considered that the changes to the article have been published correctly. Any subsequent changes made by the Advertiser imply a new modification procedure.
Ordering and executing an agreement to make changes to a published article does not affect the period of time for which the Publisher undertook to maintain the published article on the Portal, determined at the stage of ordering the publication of the article and does not automatically extend the Publisher's obligation in this respect. If an Advertiser wishes to extend the period of publication of a changed article on the Portal, such information must be included in the order and is part of the negotiations with the Publisher.
In matters not regulated by this clause, the provisions of clauses. 5 and 6 of the Regulations, insofar as they do not conflict with this clause. 9.
In the event of a correct publication, the Publisher shall issue a VAT invoice or other appropriate document, e.g. a bill issued by a Publisher who is not subject to VAT, to the Service Provider for the amount previously specified on the Platform by the Publisher.
The Service Provider undertakes to pay the amount due resulting from the VAT invoice issued by the Publisher or other relevant document referred to in para. 9.12 above, within 2 working days of receipt of a correctly issued invoice.
Communication concerning the order for modification of the publication and its execution is made exclusively through the Platform. The Publisher undertakes not to contact the Advertiser bypassing the Service Provider. The Service Provider reserves the right to intervene in the course of communication between the Advertiser and the Publisher in order to ensure the efficient course of the Services and compliance with the Regulations.
Statistics generated by the Publishers
The Publisher, as part of his/her account on the Platform, specifies which of his/her Portals allow the generation of statistics by means of a tracking code developed by the Service Provider. Access to these statistics is free of charge for Publishers and Advertisers.
In addition to the statistics generated using the tracking code referred to in para. 10.1 of the Terms and Conditions above, Advertisers have the possibility of ordering through the Platform statistics on the popularity of published articles generated by Publishers, i.e. without the involvement of the tracking code developed by the Service Provider. The further provisions of para. 10 of the Regulations shall apply to the statistics referred to in this sec. 10.2 of the Terms and Conditions.
A Publisher has the option of indicating within his or her account on the Platform, independently for each Portal, that he or she does not offer to provide statistics on published articles, with the result that it is not possible to order statistics from such a Publisher (including against payment). With respect to Publishers who make the designation referred to in the preceding sentence, the further provisions of this para. 10 of the Regulations shall not apply.
As part of the Platform's functionality, Advertisers have access to information about Publishers providing statistics and the range of statistics offered.
The statistics provided by the Publisher should include at least:
information on the number of times the article has been viewed, or
information about the number of unique users who have visited the sub-page of the Portal on which the article is published;
a clear indication of the article to which the statistics relate;
information on the time period covered by the statistics.
As soon as an Advertiser places an order for the provision of statistics, and provided that such order complies with the relevant provisions of these Regulations and the ADVERTISERS REGULATIONS in terms of its admissibility, scope and payment, a contract is concluded between the Publisher and the Service Provider for the provision of statistics for the published article.
In the case of a Publisher who declares that it is not possible to place on its Portal the tracking code developed by the Service Provider referred to in para. 10.1 of the Terms and Conditions above, or places such tracking code of a published article in a defective manner, the Advertiser is entitled to order once from such Publisher the availability statistics of the article in question free of charge, unless the case referred to in para. 10.3 of the Regulations above. The ordering of the statistics referred to in the preceding sentence is carried out through the Service Provider, directly at: croatia@whitepress.com.
The provision of clause 10.7 of the Regulations above shall not apply if, according to the Publisher's statement, the Advertiser could have included in the article the tracking code developed by the Service Provider referred to in clause. 10.1 of the Regulations, but the Advertiser did not use this option. In this case, the Advertiser must pay the remuneration for the statistics obtained from the Publisher each time the order is placed, unless the case referred to in para. 10.3 of the Regulations above.
The Publisher is remunerated for providing the statistics generated by the Publisher for one article, except in cases explicitly indicated in the Regulations. The Publisher's default remuneration for providing the statistics is EUR 5,00 net (increased by VAT, if due), but the Publisher may change the amount of remuneration through the functionality of the Platform. The change is made in the tab "Edit portal". The Publisher's change of remuneration is effective with respect to orders for the provision of statistics placed after the date of the Publisher's change.
The Publisher shall make the statistics available to the Advertiser up to 2 working days after the Advertiser has ordered them, provided that the order has been made in accordance with the provisions of the Regulations.
The release of the statistics file by the publisher is implemented through the relevant functionality of the Platform.
Statistics provided by Publishers should be provided in a timely manner, in the form of a PDF or graphic file (JPG, PNG). The publisher is obliged to provide statistics on a specific, indicated article, reliable and, if possible, taking into account special requests of Advertisers. In the event of a breach of this clause. 10.12 of the Terms and Conditions, the Publisher may be liable directly to the Advertiser.
The Publisher is not obliged to comply with any special requirements of advertisers with regard to the statistics provided, i.e. other than those expressly stipulated in the Terms and Conditions.
Communication regarding the provision of statistics will take place exclusively through the Platform. The Publisher undertakes not to communicate with the Advertiser bypassing the Service Provider. The Service Provider reserves the right to intervene in the course of communication between the Advertiser and the Publisher in order to ensure the smooth course of the Services and compliance with the Regulations.
Settlements and payments
The detailed principles of settlements for Services provided by the Service Provider, as well as the Publisher's rates of remuneration for providing access to the surface of the Portal and publishing articles and other Publisher's services referred to in these Terms and Conditions, are set out in individual documents placed within the Platform, in the sections relevant to a given Service.
The prices of the Services provided by the Service Provider to Publishers are determined by the Service Provider on the Platform and may change from time to time, but for the purposes of settlements between the Publisher and the Service Provider, the rates in force at the time the Publisher places an order for a particular Service shall be binding.
The Publishers are obliged to settle, on their own account and at their own expense, their tax and other public law liabilities related to their revenue by providing access to the Portal area and publishing articles, as well as by providing the other Publisher services referred to in these Regulations.
Where, in accordance with the applicable legislation, it is the Service Provider that is obliged to make an advance payment of income tax for the services provided by the Publisher, the remuneration specified in the documents posted on the Platform is gross remuneration (which means that the amount to be paid is reduced by the amount of the advance payment of income tax), unless taxation with value added tax (VAT) applies to the Publisher concerned. In addition, in such a case the Publisher is obliged to provide the Service Provider with all information necessary for the correct calculation of the advance income tax.
In respect of the Publisher's services duly rendered, the Publisher shall issue a VAT invoice or other relevant document, e.g. a bill issued by a Publisher who is not a VAT payer, to the Service Provider for the amount of the Publisher's remuneration as specified in the contract concluded with the Service Provider. At his own choice, the Publisher may issue to the Service Provider a collective VAT invoice or documents referred to in the preceding sentence, covering all the services performed under the concluded agreements, from the period selected by the Publisher. The Publisher shall be entitled to issue a VAT invoice or documents referred to above for the services rendered after the acceptance of the publication or other service rendered, in accordance with the provisions of the Terms and Conditions.
The Service Provider shall make payment to the Publisher by bank transfer, to the bank account indicated by the Publisher within the Publisher's account on the Platform or on the VAT invoice or other relevant document issued by the Publisher as referred to in clause. 11.5 above.
The Service Provider undertakes to pay the VAT invoice or other document issued by the Publisher, in accordance with clause. 11.5 of the Terms and Conditions, within 2 working days of receipt of a correctly issued invoice at the latest. The date of payment shall be the date on which the Service Provider's bank account is debited with a transfer order.
The Publisher's claim for payment of remuneration becomes due from the first day of delay in payment in relation to the agreed performance date.
In the case of payments made by the Publisher to the Service Provider, the provisions of clause. 11.6 of the Regulations above shall apply accordingly. The Publisher is obliged to make the payment to the Service Provider within the period indicated on the VAT invoice issued by the Service Provider.
The Service Provider and the Publisher authorise each other to use electronic invoices. If the Publisher is not obliged to issue a VAT invoice, settlements shall be carried out on the basis of invoices or other relevant accounting documents, to which the provisions of the Regulations on VAT invoices shall apply accordingly.
The Service Provider is exclusively authorised to carry out settlements for the services provided by Publishers and other Users, carried out on the basis of these Regulations and other documents to which the Platform refers, which means in particular that a Publisher may not himself carry out any settlements with an Advertiser or other User of the Platform for services provided through the Platform.
The affiliate shall be responsible for all payments due to creators or organisations representing creators, where required by law. The above sentence shall apply to the obligations of the Publisher other than those ensuing from orders placed through the Platform, in particular those related to membership in associations of publishers, or the purchase of photographs, multimedia content or other content that the Publisher purchases from creators for the purposes of his activity (including the activity of the Websites), to be performed by the Publisher individually.
The prices indicated on the Platform are net prices and are subject to increase by VAT insofar as it is due for the provision of specific services or is applicable to the User providing a specific type of service.
Claims by a Publisher engaged in business activities in connection with services provided via the Platform in the course of its business activities shall become time-barred after a period of 3 years, with the end of the limitation period falling on the last day of the calendar year, unless the provisions of applicable Law state otherwise.
Claims by Publishers not engaged in business activities in connection with services provided via the Platform shall become time-barred after a period of 6 years, with the end of the limitation period falling on the last day of the calendar year, unless the provisions of applicable Law state otherwise.
Deletion of publisher account
The Service Provider shall have the right to delete the Publisher's account on the Platform and to terminate the agreement concluded with the Publisher for the provision of account management services on the Platform covered by the Terms and Conditions, under the terms and conditions specified in the Terms and Conditions. The deletion of the Publisher's account shall not cause the deletion of the order history and accounting history of the Publisher's account, which the Service Provider shall retain for a period corresponding to the retention period applicable to the stored data.
The right to delete the Publisher's account on the Platform and to terminate the contract referred to in clause. 12.1 of the Terms and Conditions above, the Service Provider shall have the right, in addition to the other cases specified in the Terms and Conditions, if the Publisher's account in question is inactive on the Platform. An account is inactive on the Platform if, within a period of 3 years, there has been no significant activity on the part of the Publisher in that account, i.e. the Publisher has not, within a period of 3 years, provided the services of providing access to the surface of its Portals or undertaken any other activity on the Platform.
Before deleting the account and terminating the contract, the Service Provider will notify the Publisher of the inactivity in the account and of its intention to delete it and terminate the contract, giving the Publisher the opportunity to submit an instruction as to the continuation of the account within 7 days of the relevant information being sent to the Publisher's e-mail address. It is the Publisher's responsibility to keep the data provided as part of the Publisher's account on the Platform up to date, and the consequences of failing to keep the data up to date, including the email address provided as part of the account, will be borne by the Publisher.
If there are any funds in the Publisher's account on the Platform, which is an inactive account, in connection with the previous provision of the services of providing access to the surface of the Portals, due to remuneration for the Publisher's services, in respect of which the limitation period referred to in clauses. 11.14 and 11.15 of the Regulations and Regulations, then the Service Provider in the notification referred to in para. 12.3 of these Regulations, the Service Provider will additionally notify the Publisher of the value of such funds and request the Publisher to issue a VAT invoice or submit a payment instruction (hereinafter referred to as a "settlement request"), in which case the deadline for issuing a VAT invoice or submitting a payment instruction will be 30 calendar days from the date of sending the settlement request to the Publisher's e-mail address.
If the Publisher, within the period indicated in para. 12.4 of the Terms and Conditions above, the affiliate declares that he/she does not wish to continue using the services covered by the Terms and Conditions and using the account, or the time limit expires without effect, i.e. the affiliate does not make any declaration to this effect, then the affiliate's account is automatically deleted.
In any case of deletion of the Publisher's account, the agreement concluded with the Publisher under these Terms and Conditions shall be terminated with immediate effect without any separate declaration.
The failure of a Publisher, on whose inactive account funds are accumulated in relation to which the claim for their payment has not become time-barred, to submit an instruction for the payment of funds via the Platform functionality or an instruction as to the continuation of the account, within 30 calendar days from the date of receipt of the request for payment of funds to the e-mail address specified in the Publisher's account details, is equivalent to the conclusion of a debt assignment agreement with the Service Provider as referred to in section 12.8 below.
In the situation referred to in paragraph 12.7 of these Terms and Conditions, a debt assignment agreement is concluded between the Publisher (as Cedent) and the Service Provider (as Assignee), under the following conditions:
the assignment agreement is free of charge;
the object of the assignment is the total monetary claim of the Publisher against the Service Provider for payment of remuneration for the services provided by the Publisher, as specified in these Regulations, and the object of the assignment is all the Publisher's claims against the Service Provider for services to which these Regulations apply, and for which the remuneration has not been covered by a payment instruction submitted by the Publisher through the relevant functionalities of the Platform;
the maturity date of each of the assigned receivables shall be determined in accordance with the provisions of clause 11.8 of the Regulations;
the agreement is concluded implicitly, without the need for the Parties to make any representations, and the model assignment agreement contained in this para. 12.8 and attached to the Terms and Conditions is for illustrative purposes only.
The Publisher has the right to request the deletion of his/her account from the Platform at any time by sending a request to the following email address: croatia@whitepress.com. Submitting a request to have the Publisher's account removed from the Platform does not affect any previously concluded and unfulfilled agreements by the Publisher for the provision of space on the Platform and the publication of articles or the provision of other services by the Publisher, as provided for in these Regulations, which the Publisher is obliged to fulfil. In such a case, the Publisher's account will be deleted after the execution of the concluded agreement(s). The deletion of the Publisher's account upon request will not cause the deletion of the order history and accounting history of the Publisher's account, which will be stored by the Service Provider for a period corresponding to the retention period applicable to the stored data.
Responsibility
The Service Provider is liable to the Publisher for lack of due diligence in connection with the performance of the Services.
The Service Provider shall make reasonable efforts to ensure that the Service provided is available at all times, continuously and in full, but does not guarantee and is not responsible for its full availability and reserves the right to change, withdraw, suspend or discontinue any feature or function of the Service to any extent and at any time. The Service Provider informs you that the modification, withdrawal, suspension or interruption of any function or feature of the Service does not require any prior announcement.
The above provision of para. 13.2 of the Terms and Conditions shall apply mutatis mutandis to changes in the prices of the Services offered by the Service Provider, as determined by the Platform.
The Service Provider shall not be liable for damage caused by incorrect use of the Services, in particular caused by the use of the Platform or the Services by the User or other Users contrary to the provisions of these Terms and Conditions.
The Service Provider shall not be liable for non-performance or improper performance of the concluded contract for the Service or for problems in the use of the Platform or the Service if these are due to events which the Service Provider, in the exercise of due diligence, could not have foreseen or prevented, as well as due to fortuitous events and force majeure.
In no event shall the Service Provider's liability include liability for lost profits by the Publisher.
The Service Provider's liability for the provision of Services shall be limited to the value of the Services in question, in accordance with the offer on the Platform, with the proviso that the maximum amount of the Service Provider's liability per event shall not exceed the value of EUR 3,000.00.
The limitations of the Service Provider's liability referred to in section 13.7 of the Terms and Conditions above shall not apply if the damage is caused by the Service Provider intentionally.
Apart from cases where it is expressly indicated that the Service Provider is directly liable to the Advertiser, the responsibility for the performance of the contract concerning a specific service carried out on behalf of the Service Provider, but for the benefit of the Advertiser, by other Users of the Platform, shall be borne respectively: Publisher, Journalist or Influencer carrying out such service. If such a consequence requires the transfer of any claim against a Publisher, Journalist or Influencer to the Advertiser, the Service Provider is obliged to make the appropriate assignment of the claim and the rights it has against these Users concerning the claimed claim to the Advertiser, and is entitled to transfer the data of such a User of the Platform to the Advertiser in order to enable the Advertiser to pursue the claimed claim directly against the User concerned, to which the Publisher agrees.
The Service Provider is not responsible for the content, factual value and accuracy of the facts contained within the articles submitted for publication by Advertisers.
The Service Provider is not responsible for the effects of the Publisher's use of the Services offered by the Service Provider, which means, in particular, that the Service Provider in no way guarantees the achievement of effects in the form of increased revenues for Publishers, and that the creation of an account on the Platform by a Publisher and the publication of offers on Portals within the Platform do not constitute a guarantee that the Publisher will receive orders from Advertisers or that any level of turnover will be achieved from orders placed by Advertisers.
In the case of publicly available content in the form of advice, tips, professional articles posted by the Service Provider on the Platform, which applies in particular to the content posted under the tab "Knowledge Base", the Publisher:
is not obliged to comply with the content of such publications;
If the Publisher follows the contents of such publications, he does so at his own risk and the service provider is not liable for the consequences of the Publisher's actions in connection with following the contents of such publications.
The Publisher shall be liable for any breach of the Terms and Conditions and the terms and conditions of any agreement entered into under the Terms and Conditions, as well as for the non-performance or improper performance of any agreement entered into under the Terms and Conditions.
In the event that the performance of a contract entered into by the Publisher under the Terms and Conditions and within the framework of the functionality of the Platform requires the Publisher to submit any content, in particular photographs, graphics, verbal or verbal and graphic works, which constitute works within the meaning of copyright law and related rights (hereinafter: "works"), the Publisher shall ensure that, within the above scope:
will hold the economic copyright and related rights or appropriate licences to such works;
the use of the works for the purpose of performing the contract concluded shall not constitute an infringement of the moral rights of any third party;
will have all the necessary permissions for the dissemination of third party images recorded within the works;
the use of the works for the performance of the concluded contract will not infringe any industrial property rights of a third party, and in particular will not infringe any trademark protection rights or reputable trademarks;
publication of the works will not constitute an act of unfair competition;
publication of the works will not infringe the law, good morals, the Regulations of social intercourse or the legitimate interests of third parties.
The Publisher, when ordering Content in accordance with Clause. 8 of the Terms and Conditions, the Publisher shall ensure that the ordered Content and the activities related to the order and publication of the Content do not constitute a violation of the law, which in particular refers to ensuring that the Content complies with the relevant regulations on advertising or promotion, taking into account the relevant restrictions on advertising or promotion of specific categories of goods and services, including but not limited to: alcohol, tobacco products, medicines and pharmaceuticals, prohibited substances, gambling, services of professional groups subject to the advertising ban.
In the event that any civil, enforcement, criminal or administrative proceedings are instituted against the Service Provider as a result of the Service Provider's performance of its obligations under the Agreements, as a result of any false or incomplete statements by the Publisher or as a result of any breach of the law by the Publisher, or any claims are made against the Service Provider on this account, the Publisher undertakes to provide the Service Provider, at its expense, with the necessary assistance to dismiss the claims or allegations made against the Service Provider. In addition, the Publisher undertakes to compensate the Service Provider for any damage suffered by the Service Provider in connection with any proceedings brought against the Service Provider or in connection with any claims or allegations made against the Service Provider, i.e. to settle legitimate claims made by third parties (subject to their being awarded by a competent court with a final judgment), to reimburse the equivalent of any documented penalties or fines actually paid by the Service Provider to the Service Provider and to cover the costs of legal assistance incurred by the Service Provider.
The Service Provider is not the author of the articles or Content that the Publisher orders or publishes in the performance of the contract concluded under these Terms and Conditions, and therefore, the Service Provider shall ensure that it has acquired the relevant rights or licences on the basis of legal actions taken on the assumption of the conformity of the statements of the parties from whom it has acquired such rights with the actual state of affairs. If such declarations of a party to a contract concluded with the Service Provider prove to be inconsistent with the actual state of affairs, as a result of which the Publisher has not acquired the rights or licences provided for in these Terms and Conditions, the Service Provider, as an intermediary in the performance of individual actions provided for in these Terms and Conditions, shall not be liable for the Publisher's damage, provided that it takes all steps to assume any potential claims to which the Service Provider is entitled in this respect against persons or entities whose action, including the submission of illegal declarations to the Service Provider, has resulted in damage to the Publisher.
In the event that the Platform contains any reference to content on other websites, such content should not be regarded as an expression of the Service Provider's position with regard to the matters to which such content refers. The Service Provider is not responsible for such content or for the content of websites to which the Platform links.
The Publisher hereby agrees that the Service Provider may transfer to third parties the rights or obligations arising from the Terms and Conditions or the contract entered into in the performance of the Terms and Conditions.
Complaints
Complaints about the Service should be made by e-mail to: croatia@whitepress.com.
The complaint should include at least: the date and time of the event that is the subject of the complaint, the e-mail address of the complainant and a brief description of the objections raised.
Complaints will be considered within 14 days of receipt, in order of date of receipt. If it is not possible to meet the aforementioned deadline, the Service Provider shall inform the person lodging the complaint, stating the reason for the extension of the deadline, as well as the expected time for responding.
The person making the complaint will be informed by e-mail, at the e-mail address provided in the complaint, as to how the complaint will be handled.
Final provisions
In matters not regulated, relevant provisions of law shall apply.
Any disputes between the Publisher and the service provider will be resolved amicably and, in the event of disagreement, will be referred to the court having jurisdiction over the service provider's registered office.
The Service Provider is entitled to amend these Terms and Conditions for important reasons. The Publisher will be informed of changes to these Terms and Conditions at least 7 days in advance by sending information about the change to his/her e-mail address provided within the Publisher's account. Information about amendments to the Terms and Conditions will also be available by logging in to the affiliate's account on the Platform.
If a Publisher who has an account on the Platform does not accept the changes to the Terms and Conditions, he/she has the right, until the date the changes come into force, to request the cancellation of this account and the termination of the collaboration The provisions of pt. 12 of the Regulations shall apply accordingly.
The declaration referred to in para. 15.4 of the Regulations above should be sent to: croatia@whitepress.com.
The Publisher declares that it has read these Terms and Conditions, the appendices to the Terms and Conditions and the Privacy Policy.
The Regulations shall enter into force on 29.09.2023.