General Terms and Conditions of Sale
1. Price and possible additional work
The prices shown are VAT 0%, VAT 2% is added to the prices. For additional work, the hourly rates are 40 $/h/production work and 60 $/h/creative, design, strategic or management. We do not carry out additional work in secret, but we always make a cost estimate before starting work in order to avoid unpleasant surprises. All time spent on tasks according to the assignment received from the customer will be charged in accordance with the valid price list. Any unused media budget will be transferred from one month to the next with an accuracy of USD 30, unless otherwise agreed.
2. Payment terms
Payment term 14 days net. Advertising is billed before the start of the campaign and continuous visibility at the beginning of each month. The work is invoiced in two installments or according to the completion of the work, unless otherwise agreed. 50% at the start of work and 50% at the time of completion of the work.
3. Copyright
The customer has ownership and right to use the final proceeds of the offer after paying full payment for them. The customer may not assign rights to a third party or resell the rights to use the output or its parts without Star Media’s consent. Access to layout and work files or design stage versions is not included in our offer. We produce material packages by separate agreement.
4. Right of reference
Star Media may declare that the client is an important customer and present the completed work as work samples in its own marketing, for example, unless the Customer specifically prohibits this in writing.
5. Miscellaneous
By accepting our offer, you agree to be bound by the terms and conditions of this offer. If you do not follow them, let the bogeyman take you. Star Media, on the other hand, promises not to skimp on information provided to outsiders with the customer’s trust. If necessary, our team members are ready to commit to the NDA (Non-disclosure agreements). Travel expenses will be invoiced separately according to the actual amount, unless otherwise stated in the offer.
General terms and conditions of media sales
1. Conclusion of the contract
The agreement on the publication of the customer’s material is created when the customer places an order with Star Media either in writing or orally. The material will be published in accordance with the confirmed offer.
2. Prices and discounts
Pre-tax prices are indicated in the offer. VAT is not included in the prices indicated. Star Media will add the VAT in force at the time.
Star Media grants discounts on various grounds. The different discounts are mutually exclusive, unless otherwise agreed in the offer between the parties.
3. Payment terms
As a rule, invoicing takes place at the beginning of the campaign. The payment period is 14 days from the date of the invoice. A notice about the invoice must be made within eight (8) days from the date of the invoice.
If the payment period is exceeded, interest on arrears is charged in accordance with the law. In addition, Star Media has the right to charge the customer for the collection costs related to the late payment. Star Media reserves the right to change the payment terms.
4. Cancellation of the promotion
The cancellation policy for a verified online promotion is as follows:
If a confirmed booking is cancelled 6-10 business days before the start of the promotion, 25% of the net promotional price will be charged.
If a confirmed booking is cancelled 4-5 business days before the start of the promotion, 50% of the net promotional price will be charged.
If a confirmed booking is cancelled 3 business days before or after the start of the promotion, 100% of the net promotional price will be charged.
5. Submission of material
All materials for online campaigns must be submitted no later than three (3) business days and special solutions five (5) business days before the start of the campaign in accordance with the material instructions.
If the material has not been delivered in accordance with the instructions, is delayed or technically unworkable or has a dubious content, or too similar in appearance to the editorial content of the media, Star Media does not guarantee that the material will be published or the campaign will begin at the desired time.
Star Media is not liable for damages caused by the omission of incorrect material or when the material is published on a date other than the agreed publication due to the incompleteness of the material.
Star Media cannot guarantee that a report on an online campaign will be collected if the material is submitted late or incompletely. In the situations described above, billing is 100%, even if the visibility of the campaign is limited.
6. Promotion period
Campaigns are launched during the first day of the promotion period, unless otherwise agreed. Weekly promotions are from Monday to Sunday, unless otherwise agreed.
When booking a campaign, you must indicate how many ads will be included in the campaign and how you want them to be exchanged. Star Media handles one exchange per campaign free of charge. More exchanges are charged on an hourly basis, as well as unexpected exchanges during the campaign.
7. Online campaign authentication and display guarantee
Star Media sells online campaigns on a screen, time and click-based basis. Campaigns are verified by an advertising management system. The system ignores the cookie error.
Display guarantee for screen-based campaigns. If the campaign falls below 95% of the purchased display amount, the campaign will continue until the screens are filled or the missing ad screens are credited in the customer’s next campaign. If, at the end of the campaign, the advertising screens fall short of the target by less than five (5) per cent, the advertising screens will not be replaced. If the customer’s material has been delivered late, Star Media is not responsible for the implementation of the display guarantee.
The Supplier does not guarantee the absolute visibility, functionality or placement of advertising campaigns in advertising networks.
8. Promotion Changes
If the customer wants to change the confirmed promotion, Star Media may make the changes according to the pricing based on the amount of work spent.
If the customer wants the promotion to be completely removed in the middle of the promotion period, Star Media will charge 100% of the net asset value of the promotion in accordance with the cancellation policy.
9. Responsibility for the content of advertisements
The Customer is responsible for ensuring that the material provided to Star Media does not violate the applicable laws, regulations of the authorities and advertising self-regulatory bodies, instructions issued by Star Media, these terms and conditions, other terms and conditions or good practice. The customer undertakes to take into account the restrictions that apply, for example, to advertising to minors or the following advertising items: alcohol, tobacco, gambling, prescription drugs, counterfeit products and pirated products. Star Media has the right, without liability, to refuse to display an advertisement if, according to Star Media’s interpretation, the advertisement does not comply with the aforementioned requirements.
The Customer is responsible for acquiring ownership and/or usage rights to the material and for ensuring that the presentation of the material can take place without infringing anyone’s copyright, patent or other intellectual property right or other right. The customer is responsible for all the following: the costs of acquiring or exercising rights. The customer is responsible for all damages caused to a third party by the violation or absence of copyright, patent and other intellectual property rights and other rights and for any other claims based on them. Star Media shall bring such claims to the attention of the customer, after which the customer alone shall be responsible for responding to the claims and their consequences.
The customer is responsible for ensuring that the material it provides, the systems it uses or the advertising tags do not cause any technical harm or disturbance. The customer is responsible for compensating for any damage caused by the material, the systems they use or their advertising labels. Star Media has the right to take the necessary measures and use the electronic tools of its choice to ensure that the Material complies with the material instructions and does not contain prohibited content or functionalities.
Star Media shall not be liable to the customer or any third party for any costs or damages arising from the violation of the terms and conditions mentioned in this paragraph.
10. Data protection and online advertising based on browsing behavior
In their operations, the customer must comply with the legislation in force at the time, especially the Personal Data Act, the Information Society Code and other legal rules related to data protection and self-regulation in the field. The customer may only carry out targeted online advertising based on browser behaviour in accordance with the IAB’s so-called “online advertising”. As determined by the Interactive Advertising Bureau / European Framework for Online Behavioral Advertising (OBA) self-regulation and the customer must take the necessary technical and other measures to implement the principles.
11. Liability for defects and complaints
Under no circumstances shall Star Medial be liable for any indirect damages caused to the customer or third parties.
The advertisements are displayed subject to force majeure, i.e. all unforeseen circumstances such as strikes, technical disturbances and other similar circumstances beyond the reasonable control of Star Media, independent of Star Media, are beyond Star Media’s liability.
12. Confidentiality
Terms of cooperation not disclosed by Star Media, including prices that deviate from the general price list and applicable discounts, are confidential for the duration of the agreement and for 2 years thereafter. Neither Party shall disclose information on the content of the Agreement to third parties.
13. Transfer of contract
Star Media has the right to transfer the contract with its rights and obligations within Star Media to another company and, in connection with a business transaction or other corporate reorganization, to the company to which Star Media’s contract-related business is transferred. The customer does not have the right to transfer the contract or the booked promotion to a third party without the prior written consent of Star Media.
14. Term of the Agreement
The one-time promotion agreement will expire without notice after the campaign has been completed.
A contract concluded for a fixed period is valid for a fixed period and expires without notice on the last day of the term.
Both parties to a contract valid until further notice may terminate the agreement by notifying it in writing, in which case the contract will end three (3) months after the termination.
15. Termination of the contract
The contract may be terminated if the other party materially violates or fails to fulfill the terms of the agreement and has not rectified its breach within 30 days of receiving the notice. Star Media has the right to terminate the contract with immediate effect if the customer is delayed in paying the invoice or goes bankrupt, restructured, liquidated or insolvent.
16. Applicable law and dispute resolution
The cooperation between Star Media and the customer is governed by Somali law. All disputes and disputes between Star Media and the customer shall be settled in the District Court of Mogadishu.
17. Validity of the Terms
These terms and conditions will enter into force on 1.1.2023 and replace the previous general terms and conditions for media sales by Star Media. These terms and conditions are valid until further notice. Star Media has the right to change the general terms and conditions, prices and payment criteria for media sales at any time. The revised terms shall apply to all contracts concluded after the publication of the revised terms.