Terms and Conditions

All procedures regarding the agency’s services are regulated by the following terms and conditions, which shall prevail over any non-written agreement.

I. QUOTES AND PRICES

All quotes are valid for a period of 90 days from their emission date and are subject to revision after the agency receives and analyzes all content necessary to carry out the project. If any mistakes are identified in the sum, within the above mentioned period, the quote may be modified or cancelled. The client shall be notified of any changes in prices regarding the project or any unexpected circumstances.

II. ORDERS AND ORDER CONFIMATION

MEDIApromo reserves all rights to accept client orders taken that orders are placed through fax, letter or e-mail.

The client shall provide production material according to the conditions agreed upon. MEDIApromo reserves the right to complete, improve or return any material not adequately consistent to the given conditions.

All production content provided by the client shall be collected at the client’s office by MEDIApromo unless agreed otherwise (limited to the great areas of Lisbon and Oporto).

Any material, models, maquettes, matrices, projects or any other support data received by the client is automatically understood that the quote and service order are approved. With this it is the clients’ obligation to compensate MEDIApromo for any considered loss or damage.

Unless agreed otherwise, MEDIApromo is not responsible for storing any production material (photoliths, matrices, etc.).

If the client should, for any reason, desire to cancel the service. Such action shall be notified 30 days in advance. Should the client not notify the agency in advance, then they shall be obliged to compensate MEDIApromo 100€ for each day not communicated.

III. COPYRIGHT, REPRODUCTION AND OTHER RIGHTS

The client guarantees all copyrights, especially the right of mechanical production, the right over a particular film, sound, data or other content.

The client also states that all fees and taxes concerning copyright have been paid to the proprietors, absolving all allegations against MEDIApromo regarding this subject.

Upon the identification of any irregularities, the client is obliged to compensate MEDIApromo on several levels; especially those accusations made by third parties or by any organization entitled to defend the rights of the proprietor, such as the SPA (Portuguese Authors Society), of all legal costs regarding such allegations or the violation of such rights.

The client agrees that MEDIApromo is authorized to reveal any information regarding the content of the projects to associations and organizations entitled to protect the authors’ rights, when such organizations request information to guarantee the regulated license and/or the control over the protections of the authors’ rights.

IV. QUANTITY TO BE DELIVERED

Upon receiving the project material, it is the clients’ responsibility to check if the quantity of the material is correct. Any complaints made after 2 days of receiving the material will not be accepted.

According to international standards of production, the client shall accept a variation of 3% over the amount requested as a result of excess production or mistakes.

Through a written request, the client may ask for an exact amount, without any variation, given that a fee of 100€ be paid regardless the amount.

V. DELIVERY OF PRODUCTS AND SERVICES

The period of delivery begins from the time MEDIApromo receives all content necessary from the client or from the time the colour proofs or matrices are approved according to the conditions mentioned above. Delivery shall be considered on time if products leave MEDIApromo before or on the day the delivery period ends.

The period shall begin on the next working day for all quotes approved after 2:00 p.m. However, all dates may be subject to change if for any legit reason, MEDIApromo is not capable of meeting the deadline. Such action shall not result in any indemnity.

MEDIApromo reserves all rights to make partial or anticipated deliveries. Any cancellation made by the client, even being justified, does not apply to the partial or anticipated deliveries.

VI. CONSEQUENCES DUE TO DELAYS AND PRODUCTION REFUSAL

MEDIApromo reserves all rights to refuse a delivery and/or begin producing – even if the agency has already accepted and order, if any information is detected in which it is suspected that the client is not capable of carrying out their part of the negotiation or if the material provided (sound, data or other recordings of software) breaches any laws or moral principles.  MEDIApromo may deny any order and/or delivery; unless there is no doubt that the client holds all rights for reproduction of the recordings.

VII. GUARANTEE CORRECTION OF MISTAKES

The client must notify the agency of any mistakes found within a period of two days after material is delivered. In the absence of any verification or complaints on mistakes, it is automatically understood that the client accepts the material as is.

If a complaint is made, the client must leave the faulty material available to undergo analysis by MEDIApromo until the issue is resolved.

MEDIApromo reserves all rights to relinquish any recuperation to reduce costs in correcting the faulty material and/or providing missing material. The client does not under any circumstances withhold the right to reject an entire delivery due to partially faulty material.

VIII. COMPENSATION FOR DAMAGES OR LOSS

Any complaints made by the client to cancel the present contract with MEDIApromo (due to e.g. non-fulfilment or absence of any sort) shall not be take into consideration without legitimate proof provided by the client that the damage was caused due to negligence on behalf of MEDIApromo.

Additional agreement, information and complaints should be made through written notice and shall only be accepted if sent to MEDIApromo at Rua General Torres, Edifício D’Ouro, 1162D – 3º – 4400-164 V.N. Gaia.

IX. PAYMENT

All prices presented in the quotes are in euro and do not include VAT.

All payments shall be made through wire transfer, unless agreed otherwise.

All payments are calculated as followed: first all sums concerning costs (invoicing costs, legal costs) are calculated followed by late fees and finally past debts are calculated.

MEDIApromo reserves all rights to refuse, without any reason, any payment made by check or endorsement checks.

All invoices sent by MEDIApromo shall be compensated under the payment conditions as established on the quote with no deductions, unless agreed otherwise.

When the payment period has expired, the client will automatically be at debt. No notification is required to be given by MEDIApromo.

Contractual fees maximum taxes shall be automatically calculated to the total, with no further explanation, as a result of the elapsed payment period. Such action is perfectly legal according to the conditions stated in article 559, 2; 569-A and 1146 of the Civil Code as well as Decree no. 262/99 of 12/4.

In all cases concerning the instalment payments; should any instalment be left unpaid, the client shall be considered by law truant.

Should a lack of payment be identified, the client will be responsible for paying all taxes and fees summing up to the amount of days elapsed and according to expense fees in effect (never less than 12%/year). All extrajudicial fees and tax expenses, including legal fees and payment collectors, shall be paid by the client.

If the conditions established in the invoice at issue are not fulfilled, all discounts conceded will automatically be annulled.

X. THIRD PARTY DELIVERIES

The client accepts all risks concerning the transportation of the material, even when the client has requested that MEDIApromo be responsible for shipping or costs included in the global sale price.

When a client requests that an order made by him be delivered and paid by a third party (e.g. an associate company or a client of his), the client will continue to be responsible for the service being executed by MEDIApromo.

MEDIApromo reserves all rights to be compensated for any extra expenses concerning the packaging and transportation.

XI. FINAL CONSIDERATIONS

The client agrees to allow MEDIApromo to present, advertise and promote, whenever necessary, the agency’s portfolio of products and services by sending samples of previous projects to current and potential clients.

The current service providing conditions are governed by Portuguese law. Any issues as a result of the conditions of the service provided shall be subject to the exclusive jurisdiction of Vila Nova de Gaia.