Terms & Conditions
In the present terms of use,
“Terms” means the present terms of use of the platform.
“We” or “Company” means “Advelit Tech” CJSC (a company registered and operating under the legislation of the Republic of Armenia, registration number: 278.120.1313290, TIN: 00517812, legal address: house 59/1, 42 Nor Aresh, Yerevan, Republic of Armenia), which makes the Platform available to Service Providers and Clients and acts as an agent of the Service Provider when executing Service Agreement(s).
“Platform” means the www.advelit.com / www.advelit.am website through which Service Providers are given the opportunity to offer their advertising screens and Advertising Services, and the Clients – the opportunity to view, select the preferred advertising screens and order/acquire Advertising Services.
“Services” means the provision of the Platform.
“Advertising Services” means advertising services provided through advertising screens.
“Service Provider” is the owner of the advertising screen(s) offering Advertising Services.
“Client” is a person/entity acquiring Advertising Services.
“You” is any person using the Platform.
“Service Agreement” is the service provision agreement between the Company (acting as the agent of the Service Provider(s)) and Client, whereby the Service Provider undertakes to provide Advertising Services, and the Client undertakes to accept the Advertising Services and pay for them.
“Parties” means Service Provider and Client jointly, each separately also referred to as “Party.”
- You can freely browse the Platform without ordering Advertising Services and without creating an account on the Platform. In such case the relationship between You and Us will be governed only by these Terms.
- These Terms also constitute an inalienable part of the contract executed on the Platform between Clients and Us (as the agent of the Service Provider(s)) as well as between Us and Service Providers.
- When ordering Advertising Services, Clients will need to, in addition to these Terms, conclude a Service Agreement. We will act as the agent acting on behalf of the Service Provider(s) when executing the Service Agreement. The Service Agreement will be signed by Clients via consenting to it (accepting it) on the Platform. These Terms will form an integral part of the Service Agreement. If Clients do not agree with any of the terms of the Service Agreement, they should abstain from consenting to it and from ordering Advertising Services.
- Prior to making an order, You need to create an account on the Platform. You will be required to provide personal data for the registration. By using the Platform, You give Your consent to the processing of Your personal data and You acknowledge and agree to the terms set forth in the Privacy Policy. You are required to provide complete and accurate personal data and keep it up to date. We do not check the accuracy of the information provided by You.
- Clients are solely responsible for the content of the advertisements and for its correspondence to the legislation of the Republic of Armenia (RA). We are not liable for any unlawful content or non-compliance with the RA legislation.
- To register, You will have to provide a name, email address, and create a password. We will send You a verification email with a link through which You have to verify your email address. You will use Your password You created to log in the Platform. You are solely responsible for maintaining the confidentiality of Your password and not sharing it with other persons. We are not responsible for any consequences that may arise in connection with the use of Your account by other persons. You are fully responsible for all activities that occur with the use of Your password to log in the Platform.
- By logging in and using the Platform, You give Your consent to receive all required notices and information through the Platform or via email address You have provided.
- Generally, Our Services are limited to the provision of the Platform to You. When executing a Service Agreement between a Client and Us, We will additionally act as an agent of the Service Provider(s), and in this capacity We will conclude the Service Agreement, but the Service Provider(s) will provide the Advertising Services.
- The amount charged from the Clients for the provision of the Advertising Services includes the cost of the provision of the Advertising Services, Our agency fee. The charged amount includes all the taxes and mandatory payments applicable under the Republic of Armenia legislation. The bank expenses related to payments are not refundable under any circumstances.
- The size of the agency fee (as a percentage of the fees for the Advertising Services) is decided based on the contract between Us and Service Providers.
- We are liable only for the functioning of the Platform. Please, note that in any case, the Service Provider is solely liable for proper performance of the Advertising Services, and not Us.
- Advertising Services may have two models: fixed and dynamic. Clients may have the option to choose either of them; however, some of the advertising screens may only be available under one option.
- For a fixed model Clients choose a period during which they want to receive Advertising Services. Clients may choose a period of a day, a week, two weeks, four weeks, or a custom period, which allows selecting any period of their choice. Clients choose the start and end dates for the Advertising Services. They also choose the advertising screens through which they want to have Advertising Services. Please, note that some of the advertising screens may not be confirmed, depending on the availability.
- The fee is fixed except for the custom period, which shall be calculated on a pro-rata basis based on the tariff of the period that is the closest to the selected custom period. For example, the fee for a period of 10 days shall be calculated based on the tariff of a one-week campaign (Advertising Services); the fee for a period of 40 days shall be calculated based on the tariff of a four-week campaign (Advertising Services). The actual fee for the Advertising Services is the sum of the fees for all the confirmed advertising screens for the selected period.
- The fee shall be fully pre-paid or guaranteed (via freezing of funds) on the start date of the Advertising Services for the confirmed advertising screens by a credit or debit card. If the advertising screen is confirmed later than the chosen start date, the fee shall be adjusted accordingly.
- The status “scheduled” means that the advertising screen has been confirmed, the status “pending” - the advertising screen has not yet been confirmed, the status “running” – the advertising screen has been confirmed and the Advertising Services have started.
- For both of the models, after seeing the preview of the order, clicking on the button “Submit for Review” by Clients constitutes an offer, which shall be considered to be revoked in the event that it has not been accepted within the moment of sending the offer and before the start date of the campaign. The receipt by Clients of an in-app notification or an email about the order confirmation constitutes an acceptance by Us. For each advertising screen, offers and acceptances shall be observed separately. Once the offer is made, the status becomes “pending”, and once the offer is accepted, the status changes to “scheduled.”
- For a dynamic model, Clients choose the display frequency, that is to say they choose the time interval between each display, considering that each display lasts for a specific duration. They choose the start and end dates for the Advertising Services. They also choose the advertising screens through which they want to have a campaign (Advertising Services). Please, note that some of the advertising screens may not be confirmed.
- The fee shall be calculated as follows: the tariff of the slots multiplied by the number of actual displays.
- The fee shall be paid every Monday for the previous week by credit/debit card. We may freeze a portion or the entirety of the estimated one-week fee.
- For an additional fee paid by the Clients, which is a percentage on the advertising screen’s price and is visible on the Platform before activating it, We can run a Smart campaign in the case of a dynamic model. Smart campaign is an AI-based algorithm used to optimize campaign playback. The algorithm automatically selects the best places and times to display the given advertisement.
- For both of the models Clients (as well as We) may cancel the Advertising Services without any termination fee before the actual start date of the Advertising Services. That is to say, Clients (as well as We) may cancel the Advertising Services without any termination fee if the status of the Advertising Services is not “running.”
- For both of the models, if Clients cancel the Advertising Services after the status becomes “running”, they will have to pay for the Advertising Services provided up to the moment of cancellation, plus a termination fee, determined as a percentage of the fee for the cancelled period of the Advertising Services. The percentage varies depending on a number of factors and will be reflected when the cancellation action is initiated (but before it is confirmed by the Client). Service Providers may waive the termination fee at their sole discretion. At the same time, in case of the fixed model, Clients will get a refund (or have their frozen funds unfrozen) in the amount of the rest of the fee for the days that the Advertising Services have not been used for.
- The service for both models shall be deemed as having been provided properly and fully in case the expected visibility of the Advertising Services varies by up to 1%, irrespective of the reasons.
- If Clients fail to make the payment on the specified dates, they shall, at Our request, pay fine in the amount of 0.13% of the unpaid amount for each delayed day, however not more than the maximum amount allowed by the Civil Code of the Republic of Armenia.
- We do not charge for providing the Platform, and therefore are under no obligation to ensure any specific performance, quality or features of the Platform. We exclude our liability and that of our agents and independent contractors, and our and their employees, officers, agents for actions/inactions, errors, omissions as well as for damages relating to Your access to the Platform, whatever the legal basis of such liability would be, to the extent permitted by the RA law.
- We are not responsible for the inaccuracy of the information provided by the Parties, as well as for checking their financial condition, goodwill, business reputation and any other information about them, as well as for fulfilling obligations related to Advertising Services. We are not responsible for the actions/inactions, errors, omissions of or for damages caused by the Parties. We do not warrant that the content provided by the users on the Platform is accurate, complete, reliable, current, or error-free.
- Clients may evaluate the advertising screens and their Service Providers. Based on Clients’ evaluations, ratings of Service Providers and their advertising screens will be generated and displayed on the Platform. We are not responsible for any consequences the displaying of relevant data and/or ratings may have, including, but not limited to, the effects on Service Provider’s business reputation, business opportunities, and business relationships.
- We may suspend the access of any Party to the Platform on the basis of complaints presented against them by another Party, as well as in case of any violation by them of these Terms or any contract executed via the Platform.
- Your access and use of the Platform may be interrupted from time to time for several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Platform or other actions that We, in our sole discretion, may elect to take. In no event will We be liable to You for any loss, cost, or damage that results from any scheduled or unscheduled downtime. Moreover, the use of the Platform largely depends on the operation of the internet network. Accordingly, we cannot guarantee the availability of services due to the possible unavailability of Internet connection or other failures of that network. We undertake reasonable efforts to ensure continuous and uninterrupted performance of the services. However, We are not responsible for any interruption of the operation of the Platform, if it is due to the actions of third parties or to the work of the Internet. We are also not responsible for any interruption of the operation of the Platform or any other problem associated with the Platform, if it is the consequence of the effect of a computer virus or other malicious software.
- The Platform is provided on “as is” and “as available” basis without express or implied representations or warranties of any kind, including but not limited to representations or warranties related to the operation, accessibility, availability, completeness, accuracy, or suitability of the Platform for any purpose. You are fully and exclusively liable for any and all risk resultant from the use of the Platform.
- You must not use the Platform in any way if it causes or may cause damage to the reliability or availability of the Platform. You must not use the Platform to copy, store, post, transmit, send, use, publish or distribute any material which consists of (or is linked to) any computer virus or other malicious computer software. You must not conduct any systematic or automated data collection activities on or acts in relation to them without Our express written consent.
- The content (information, images, video, etc.) of the Platform is provided by Us. Copyright and other intellectual property rights in and to the Platform belong to Us or to entities who cooperate with Us. All rights are reserved, and the content of the Platform cannot be in any way modified, distributed, displayed in any manner or by any means, including but not limited to electronic, mechanical means, photographing, downloading, or recording without Our prior written permission.
- Trademarks placed on the Platform constitute Our intellectual property or that of the entities who cooperate with Us, legal protection of which is provided by the RA legislation and relevant international treaties.
- We do not assume any responsibility for third party content (including any information relating to advertising screens and Parties) that may be available through the Platform, and for content linked to the Platform. Where We link to third party websites/applications, You use such websites/applications at Your own risk. We recommend reading the policies of these websites/applications.
- When You log in the Platform and/or use it You confirm that You have read and understood these Terms and agree to abide by them.
- We have the right to change these Terms and any policy applicable to this Platform. These changes are valid upon notifying You about them on the Platform. If You continue Your use of the Platform after the notification, it shall mean that You have accepted these changes.
- In case of any disputes arisen between You and Us, such disputes shall be subject to settlement through direct negotiations between You and Us within a 30-day period. In case of failure to reach an agreement within the provided period the disputes shall be subject to the exclusive jurisdiction of the Armenian courts under the legislation of the Republic of Armenia. Upon the agreement between You and Us, the dispute may be submitted to mediation or arbitration.
Contact Information.
If You have any questions about the present terms of use, please feel free to contact Us online as specified within the Platform or by e-mail at support@advelit.com.
Updated at 16 September 2023