Terms of Sale
Valid as of 01.11.2024
This is a free translation of the Finnish version. In case of discrepancies, the Finnish version shall be considered official.
1 General
These sales terms apply to all advertising solutions provided by JCDecaux Finland Oy (hereinafter "JCD") to its customers (hereinafter "Customer"), unless otherwise agreed in writing between JCD and the Customer. The Customer is deemed to have accepted these sales terms as part of the sales agreement between JCD and the Customer by ordering JCD advertising solutions without any separate reference. JCD reserves the right to change these sales terms. The Terms of Sale in force at any given time are available on JCD's website at https://www.jcdecaux.fi/.
2 Advertising Campaign, Advertising Period, and Posting Times
Advertising campaigns sold by JCD are sold for the duration of the advertising period specified in the media agreement and subject to prior sale. The agreement is considered concluded when the Customer or their representative confirms the advertising campaign in writing or by some other provable means. Depending on the advertising medium and product, the advertising campaign and/or advertising period may be measured in minutes, hours, days, weeks, months, playouts, DOOH impressions, VAC contacts, or, for example, the number of posters.
Posting times for paper posters varies depending on the format. Abribus posters are posted between Saturday 10:00 PM and Monday 6:00 AM. For other formats posting times are between Saturday 12:00 PM and Monday 12:00 AM. Posting time for transport advertising is 1–3 days. Any deviation from the change schedule or changes or interim changes during the advertising campaign must be agreed upon in writing and in advance. Such changes are charged separately.
The start time of digital campaigns depends on the uptime of the advertising devices in question unless it includes time-of-day or hour based targeting, in which case the campaign starts according to the purchased time. The end time of digital campaigns depends on the uptime of the advertising devices selected for the campaign, unless it includes time-of-day or hour based targeting, in which case the campaign ends according to the purchased time.
3 Product or Service to be Advertised
In addition to the name of the advertiser, the Customer must specify the product or service to be advertised when confirming the advertising campaign. Parallel packages may contain advertising for the same product category simultaneously. JCD reserves the right to use the visual material from completed advertising campaigns in its own marketing and communication channels.
4 Total Price of the Advertising Campaign
The total price of the advertising campaign consists of the media price, posting and maintenance fee, possible separate production cost or handling fee (paragraph nine (9)), and the digital content management fee for advertising campaigns containing digital advertising solutions. Posting and maintenance fee includes poster mounting, quality monitoring, and maintenance during the campaign. The digital content management cost for advertising campaigns containing digital advertising solutions includes the publication of digital advertisements and the monitoring and maintenance of digital advertising media during the campaign.
5 Right to Deviate from the Contract
5.1 Outdoor Impact and Poster-based Advertising Media
Outdoor Impact is an audience measurement system for outdoor advertising, where the products' reach value is determined as a result of analyzing advertising media and their environment, using Visibility Adjusted Contact (VAC) as a metric. The media pricing of products consisting of these advertising media is based on VAC contact amounts (VAC total). If VAC contacts are unavailable, the pricing is based on the number of posters. JCD does not grant a contact guarantee, and the realization of VAC contacts is not verified retrospectively. JCD has the right to reasonable changes in contact numbers without altering the advertising campaign-related agreements. JCD has the right to reasonable poster number overages and a 5 % shortfall without altering the advertising campaign-related agreements. A shortfall may temporarily be greater than this for the reasons specified in paragraph fourteen (14).
5.2 Digital Advertising Media
Digital advertising media are not part of the Outdoor Impact audience measurement system. JCD has the right to reasonable overages of DOOH impressions and a 5 % shortfall in campaign-related contracts without altering them. A shortfall can be temporarily greater than this for reasons specified in paragraph fourteen (14). Playouts/SOT (share of time) can vary among different media, locations, and times of day. Campaign overages or shortfalls are compared to the total impressions of the purchased package, product, or tactical targeting, unless the campaign consists of a single location.
For campaigns on digital screens inside transportation vehicles, only predicted DOOH impressions are reported.
5.3 Impacts of Road Construction, Maintenance work, and Installation work
In case of road construction, advertising furniture installation work or similar the campaign may not be actualized in the advertising medium purchased by the customer. JCD reserves the right not to execute the campaign at that location and to unilaterally cancel the campaign for those advertising media. JCD will notify the Customer as soon as possible.
5.4 Environments with Advertising Restrictions
JCD's contractual partners may restrict advertising content in certain environments. Examples include prohibited political advertising in certain municipalities and prohibited advertising of competing brands in some commercial environments. More detailed information on restrictions is available from JCD's media sales. JCD has the right to unilaterally cancel the campaign for the respective advertising media if the content of the customer's advertising is prohibited in the environment purchased for the advertising campaign. JCD will notify the Customer as soon as possible.
6 Cancellation/Transfer of the Contract
6.1 Poster-based Products
If the advertising campaign is cancelled by the customer later than four (4) weeks before the agreed start of the advertising campaign, JCD has the right to invoice the entire net price of the cancelled advertising campaign from the Customer. Cancellation must always be done in writing. The advertising campaign can be postponed to a later date once (1) at no additional cost and must always be agreed upon in writing separately (postponement must be requested four (4) weeks before the start of the campaign). In the case that the production of the advertising campaign has been ordered from JCD and JCD has respectively ordered it bindingly from its subcontractor, the production cost is always invoiced to the Customer, regardless of the time of cancellation.
The cancellation period for fully wrapped tram and metro cars, floor and escalator wraps, and innovate shelters is eight (8) weeks. If the advertising campaign is cancelled later than eight (8) weeks before the agreed start of the advertising campaign, JCD has the right to invoice the entire net price of the cancelled advertising campaign to the Customer. Cancellation must always be done in writing. In the case that the production of the advertising campaign has been ordered from JCD and JCD has respectively ordered it bindingly from its subcontractor, the production cost is always invoiced to the Customer, regardless of the time of cancellation.
6.2 Digital Products
If the advertising campaign is cancelled by the customer later than five (5) business days before the agreed start of the advertising campaign, JCD has the right to invoice the entire net price of the cancelled advertising campaign to the Customer. Cancellation must always be done in writing. The advertising campaign can be postponed to a later date once (1) at no additional cost and must always be agreed upon in writing separately. The postponement must be made at least five (5) business days before the start of the campaign.
7 Billing
The total price of the advertising campaign is invoiced at the start of the advertising campaign. The prices in the agreement as per section four (4) of the sales terms will be used for billing. Any complaints related to billing must be made within eight (8) days of receipt of the invoice. VAT is added to all prices in accordance with current legislation.
8 Payment Terms
The payment term is 30 days net from the invoice date. Media and advertising agencies with a cooperation agreement have a payment term of 45 days net from the invoice date. Interest on late payments is charged at the maximum annual rate allowed by law.
9 Production
9.1 Poster Production
The production of posters is not included in the media price of the advertising campaign. When the Customer uses JCD's production service, the printing material must be provided to JCD at least fourteen (14) days before the start of the advertising campaign. If the material is received later than fourteen (14) days before the start of the campaign, an express delivery surcharge will be invoiced according to the current price list. The Customer is responsible for any additional costs incurred due to material delay. The required maintenance reserve quantity is 10-20% depending on the advertising medium and is added to the quantity of posters specified in the agreement. JCD does not store maintenance reserve posters after the advertising campaign ends. Delivery of printing material to JCD is considered an order for production work and will be invoiced to the Customer according to the current price list. The production price of posters is not included in the media price of the advertising campaign.
If the Customer provides JCD with posters printed outside JCD’s service, the posters must comply with JCD's material guidelines https://www.jcdecaux.fi/en/planning-instructions/material-instructions-for-classic-outdoor-ads and poster delivery instructions https://www.jcdecaux.fi/en/planning-guides/delivery-instructions (section: Posters printed elsewhere).
If posters delivered to JCD do not comply with the material and/or delivery instructions, any additional costs will be charged to the Customer.
Posters printed outside JCD’s service must be delivered to JCD's warehouse at least ten (10) days before the start of the advertising campaign, and costs incurred from poster delay will be charged to the Customer. Poster delay can also prevent the implementation of the Customer's advertising campaign partially or completely. JCD does not compensate the Customer for the cancellation or partial cancellation of the advertising campaign due to poster delay. Handling costs for posters produced through JCD's production service are included in the invoiced production bill. A handling fee is charged for posters delivered by the Customer to JCD in conjunction with the advertising campaign's media billing https://www.jcdecaux.fi/en/planning-guides/delivery-instructions .
9.2 Digital Advertising Solutions, Production, and Delivery of Digital Materials
The production of digital materials is not included in the media price of the advertising campaign. Digital production refers to the creation of finished campaign materials based on the preliminary materials and information provided by the customer. The Customer must deliver digital material produced in accordance with JCD's material guidelines and within the schedule specified in the material guidelines (different formats have different schedules). The material guidelines can be found at https://www.jcdecaux.fi/en/planning-guide/material-instructions-for-digital-ooh . The Customer is responsible for ensuring that digital material is compliant with JCD's material guidelines.
If there are deficiencies in the digital material, the Customer is responsible for editing the digital material and any resulting additional costs. JCD has the right to refuse the use of digital material produced in violation of the material guidelines in the Customer's advertising campaign. If the delivery of digital material to JCD is delayed for reasons attributable to the Customer, the price of the advertising campaign will not be refunded. The calculation of impressions for digital advertising campaigns is based on a 10-second material length. If the material provided by the customer is longer than 10 seconds, the impressions of the advertising campaign will change without affecting the price or overall visibility of the advertising campaign. If the material is shorter than 10 seconds, the purchased number of impressions does not change. Digital advertising campaigns are charged a content management fee in conjunction with the advertising campaign's media billing https://www.jcdecaux.fi/en/planning-guides/delivery-instructions .
9.3 Allocation of Posters
If the Customer uses multiple poster themes in their advertising campaign and no specific written instructions for their allocation has been provided, JCD will allocate the posters evenly across the advertising media for the campaign. Special solutions requiring special measures must be agreed upon with JCD at least six (6) weeks before the start of the advertising campaign. Special measures are priced on a case-by-case basis. Allocations requiring special measures may be restricted by agreements between JCD and third parties.
10 Lighting and Uptime of Advertising Media
The lights of Abribus advertising furniture turn on and off simultaneously with the city streetlights. Digital advertising media are used in accordance with the normal operating schedules, opening hours, and lighting control of their operating environment (vehicle operating hours, shopping center opening hours, etc.). Outdoor digital advertising media are operational from 06:00 to 01:00. JCD is not responsible for electricity outages or interruptions in internet connections.
11 Damage to Advertisements
Damage to advertisements caused by reasons beyond JCD's control, such as weather or vandalism, will not be compensated to the Customer.
12 Restriction of Advertising Content
Outdoor advertising must take into account the applicable legislation as well as the international codes of advertising, decisions of the Finnish Central Chamber of Commerce, and the Finnish Ethical Council on Advertising, and pre-decisions made by the product control of social and healthcare. Advertising must not be contrary to good conduct. JCD is committed in agreements made with authorities to remove advertisements causing public offense from its advertising media upon request. If the advertising campaign cannot be started for these reasons or has to be discontinued, JCD is not obliged to compensate for losses incurred to the Customer. Political advertising may be prohibited in some municipalities, and JCD's contractual partners may impose restrictions on the content of advertising. More detailed information on restrictions is available from JCD's media sales. Regardless of who produces the advertising campaign, the Customer is responsible in all situations in relation to JCD and third parties ensuring that the advertising or its content does not violate applicable legislation or any third party's rights. If the advertising campaign has to be discontinued for reasons mentioned in this section, JCD is not obliged to compensate the Customer for any resulting damage or losses, nor to refund payments already made by the Customer. JCD's ethical guidelines for outdoor advertising are available on JCD's website at https://www.jcdecaux.fi/en/code-of-conduct-for-out-of-home-display .
13 Ethical and Legal Conduct
The Customer commits to act professionally, fairly, and honestly in all business relationships and conducts in compliance with applicable laws and regulations, including those prohibiting bribery, combating corruption, as well as international and national regulations concerning export control and sanctions. Upon JCD's request, the Customer must cooperate with JCD and demonstrate compliance with this commitment. JCD reserves the right to terminate the agreement made with the Customer immediately and to suspend an ongoing advertising campaign if the Customer violates this commitment. In such a case, JCD is not liable to compensate the Customer for any resulting damages or losses, nor to refund payments made by the Customer.
14 Limitation of Liability and Force Majeure
JCD's liability for damages is in all cases limited to the net price billed to the Customer by JCD for the relevant advertising campaign. JCD is not responsible for any indirect damages incurred by the Customer. JCD is not responsible for delays and damages resulting from force majeure. Such is considered to be a cause outside JCD's influence, which cannot reasonably be expected to have considered, and which prevents JCD from fulfilling its contractual obligations without JCD being able to rectify such a hindrance with reasonable efforts. Reasons outside JCD's influence include, for example, traffic arrangements, strikes, road construction. Force majeure is also considered to be, for example, labor dispute, war, demonstration, natural disaster, fire, import ban, or other government measures, interruption of public transportation, or energy distribution. A strike, lockout, boycott, and other labor disputes are considered force majeure even when JCD itself is the target or participant of it.