Agreement for the provision of services for the placement of information materials in the media. A sample contract for the placement of advertising in a newspaper concluded between legal entities Agreement with a newspaper on the placement of information

By signing a contract for advertising in a newspaper, the contractor undertakes to prepare and publish an advertisement in the print edition, and the customer undertakes to provide comprehensive information about the advertised product and pay for the publication. Such cooperation is a compensated provision of services and is regulated by Articles 779-783 of the Civil Code of the Russian Federation.

How to draw up a contract for advertising in a newspaper

Before signing the agreement, the customer must determine what exactly, in what way and to what extent he wants to advertise. A clearly formulated answer to these questions will be the subject of agreement. To avoid disagreements between the advertiser and the contractor regarding the characteristics of the advertising product, it is worth including a list of definitions in the text of the contract for advertising in the newspaper. It is desirable to clarify the meaning of such terms: advertising, advertising and informational material, advertising surface.

• type and amount of advertising and information materials (including size and other characteristics of the ad);
• the term of the agreement, as well as the dates of placement of advertising messages;
• the rights and obligations of the customer and the contractor;
• deadline and format of the report on the provision of services;
• the cost of the contractor's work and the procedure for settlements (you can also specify the frequency of changes in the price of the ad);
• method of payment for services (through a bank, in cash);
• the amount of the penalty and the cases in which it is charged (for example, a percentage of the cost of services for each calendar day of delay);
• termination of the agreement unilaterally (list of conditions);
• preferred ways to resolve conflicts;
• legal addresses, details and signatures of both parties to the contract.

Important: advertising material placed in a print publication must comply with the requirements of the Law "On Advertising". The announcement should contain only truthful information about the product or service: about their cost, characteristics, advantages, public recognition, the amount of demand. If the advertiser provides the owner of the advertising space with false information, he will personally be responsible for this.

On this page you can download a legally sound sample contract for advertising in a newspaper. Fill out the template and receive a document that is right for your situation.

This is an agreement between the company and the customer for the provision of these services for a certain fee, that is, on a reimbursable basis.

The contract must be drawn up taking into account the specifics of the provision of advertising:

• On paper;
• Television;
• On vehicles or boards;
• In the newspapers, on the radio.

• Advertising must be truthful;
• Qualitatively composed;
• In compliance with the moral framework.

According to Article 780 of the Civil Code of the Russian Federation, there is an obligation to personally fulfill the obligation to provide advertising services, but there is no personal-trust relationship.

Civil Code of the Russian Federation Article 780. Execution of the contract repayable rendering services

Unless otherwise provided by the contract for the provision of services for compensation, the performer is obliged to provide the services personally.

Subject and parties to the agreement

An essential condition of the contract is the subject in the form of intangible services - validity and term. Actions are the creation and distribution of information regarding an object.

Several persons from both sides can act in the formation and signing of the document at once, in this case they will be considered joint debtors.

But the main participants in the process are the advertiser - a person for whom it is important to disseminate information about his products and the contractor, it can be one or more persons.

What counts as advertising services

• Advertising through television and radio - broadcasting commercials or announcements on the radio at regular intervals provides information to a large audience of listeners and viewers;
• Dissemination of information on the Internet on popular saigas;
• Placing posters on billboards in crowded places, shopping centers or along roads;
• Distribution of leaflets;
• Carrying out promotions with presentation and tasting of products in the places of their sale;
• Corporate events, trade conferences and more.

Functions of the advertising market

He is a kind of intermediary between the manufacturer of products and the consumer, creating the necessary balance of supply and demand.

• An intermediary between the producer and the consumer, thanks to which each party gets satisfaction of its own needs;
• Maintains a balance between supply and demand, eliminating possible disproportion;
• Creates healthy competition between manufacturers, defining the leaders of the economy;
• Informs consumers about new products and technological discoveries;
• It enables entrepreneurs to expand the sales market, thereby increasing production capabilities.

Agreement with an advertising agency

Important: such interaction is necessary to ensure the place and time of advertising for the formation of the circle of the end consumer.

Who are its employees

Essential conditions

The essential terms of the agreement are related to:

• The subject of the contract is the provision of advertising services;
• Parties to the transaction - you must specify the details and names of the parties;
• Cost - indicates the total price, periods of payment or a single payment, terms in which it is necessary to pay for the service;
• Terms - the scope of the services, it is important to indicate the date until which the service will be provided to the advertiser.

How to terminate the contract and draw up a notice of termination of the service contract - find out

Agreement for the provision of advertising on the Internet

• Text or graphic images posted on the site;
• In the form of pop-up windows;
• As separately opening resources.

Important: banner ads are the most popular.In the process of concluding such an agreement, special attention should be paid to:

• Banner that it will be a text or graphic image, of what shape, size, location and position, on the start page, which is more predominantly or on subsequent ones;

Important: it is better to indicate the location and size of the banner in pixels.

• You can specify as the customer's right to change several times during the cooperation period of the banner content;

Important: all this should be indicated in the contract itself, and not in the appendix, since this will play an important role in the court proceedings.

• Specify the size in bytes of the entire banner file, as too large can increase the page load time and reduce the website traffic;
• Separately, you should register the customer's right to access the extended statistics of the website;
• You should also indicate the cost, which can change unilaterally depending on the site traffic;
• The responsibility of the parties in this case has an important role, since it can be removed from the contractor in case of interruption, delays, damage due to defects in any electronics.

You can find out how to make it right at the link.

Conclusion

This agreement is drawn up in the standard standard form for the provision of services on a reimbursable basis, however, depending on the option of advertising services and the activities of the advertising agency, it can be supplemented with certain points.

What are the grounds for prosecution in the field of advertising, you can see here:

1. THE SUBJECT OF THE AGREEMENT

1.1. The Customer instructs, and the Contractor undertakes to place the Customer's advertisement in the newspaper, in accordance with the provided original layout. The size of the ad unit.

2. OBLIGATIONS OF THE PARTIES

2.1. The customer undertakes to pay the cost of advertising in the amount of rubles, VAT and special tax are taken into account.

2.3. The Contractor is not responsible for the content of advertising materials provided by the Customer.

2.4. The Customer undertakes to pay the cost of the Contractor's services, in accordance with clause 2.1, within banking days from the date of signing the Agreement.

2.5. All disputes arising under this Agreement are resolved through negotiations. If it is impossible to resolve the arisen dispute through negotiations, it is submitted to the arbitration court for a decision.

3. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES

CustomerYur. address: Postal address: INN: KPP: Bank: Account / account: Correspondent / account: BIK:

ExecutorYur. address: Postal address: INN: KPP: Bank: Settlement / account: Correspondent / account:

CONTRACT No. ____
for the provision of services for the publication of materials

_______________ "___" ___________ ____

We will refer to __ hereinafter
"Contractor", represented by _______________________________________________,
acting on the basis of __________________________, on the one hand,
and ____________________________________________, hereinafter referred to as__
"Customer", represented by __________________________________________________,
acting on the basis of __________________, on the other hand, together
referred to as the "Parties", have entered into this agreement as follows:

1. THE SUBJECT OF THE AGREEMENT

1.1. The Contractor undertakes, on the instructions of the Customer, to manufacture and
publish materials _______________________ in ____________________,
and the Customer undertakes to pay for these services in accordance with the conditions
actual agreement.
Publication size: _____________________________________________.
Log format __________________________________________________

(other characteristics of the printed edition)

Circulation ______________________________ copies, distribution
_____________________________________________________________________.
(distribution terms)

1.2. The term of this agreement is _________________________.

2. OBLIGATIONS OF THE CONTRACTOR

2.1. The contractor is obliged to edit materials, select and prepare photographic materials, make a layout, set texts, scan and process materials, design, layout, color separation, output a set of films and print, _______________________ before "___" _____________ ____
2.2. The Contractor is obliged to print the circulation before "__" _________ ____ year and transfer (deliver to the place specified by the Customer, or otherwise transfer) ___ copies to the Customer.
2.3. The Contractor is obliged to carry out all other actions necessary for the execution of this agreement, provided for by legislation, this agreement and amendments to it.

3. OBLIGATIONS OF THE CUSTOMER

3.1. The Customer is obliged to provide the Contractor with the information necessary for publication before "___" _______________ ____.
3.2. The customer undertakes to make timely payment for the Contractor's services on the conditions contained in article 4 of this agreement.
3.3. The customer is obliged to carry out all other actions necessary for the execution of this agreement, provided for by legislation, this agreement and amendments to it.

4. COST OF SERVICES UNDER THIS AGREEMENT

4.1. The total cost of services under this agreement is ____ _____________________________________________________________________.
4.2. Payment for services under this agreement must be made by __________________________.
4.3. Payment for the Contractor's services is carried out as follows: _____________________________________________________________________.

5. LIABILITY OF THE PARTIES UNDER THIS AGREEMENT

5.1. For non-fulfillment or improper fulfillment of obligations under this agreement, the Customer and the Contractor are liable in accordance with applicable law.
5.2. In case of untimely performance by the Contractor of his duties, the Contractor pays a penalty in the amount of ________________ of the cost of services under this agreement for each delayed day, but not more than ______________ of the cost of services.
5.3. In case of late payment for manufactured products, the Customer pays a penalty in the amount of _____________ of the cost of services under this agreement for each delayed day, but not more than _________ of the cost of services.

6. FORCE MAJEURE

6.1. The parties are exempt from liability for partial or complete failure to fulfill their obligations under this agreement if this failure was the result of force majeure circumstances that arose after the conclusion of this agreement as a result of extraordinary circumstances that the parties could not foresee or prevent.
6.2. Upon the occurrence of the circumstances specified in clause 6.1 of this agreement, each Party must immediately notify the other Party about them in writing.

7. CONFIDENTIALITY

7.1. The terms of this contract and agreements (protocols, etc.) to it are confidential and not subject to disclosure.
7.2. The Parties take all necessary measures to ensure that their employees, agents, successors, without the prior consent of the other Party, do not inform third parties about the details of this agreement and its annexes.

8. DISPUTE RESOLUTION

8.1. All disputes and disagreements that may arise between the Parties on issues that have not been resolved in the text of this agreement will be resolved through negotiations.
8.2. If the disputes are not settled in the negotiation process, the disputes are resolved in the manner prescribed by the current legislation.

9. AMENDMENT AND TERMINATION OF THE AGREEMENT

9.1. This agreement can be changed or terminated by written agreement of the Parties, as well as in other cases stipulated by law and this agreement.
9.2. The customer has the right to refuse to execute this contract, provided that the Contractor pays for the actual costs incurred by him.
9.3. The Contractor has the right to refuse to execute this contract, subject to full compensation for the Customer's losses.
9.4. If one of the Parties fails to fulfill its obligations under this agreement, the other Party has the right to terminate this agreement ahead of schedule by notifying the other Party about it at least ____________ days before the termination of the agreement.

10. FINAL PROVISIONS

10.1. In everything else that is not provided for in this agreement, the Parties are guided by the current legislation of the Russian Federation.
10.2. Any changes and additions to this agreement are valid provided they are made in writing and signed by duly authorized representatives of the Parties.
10.3. This agreement comes into force from the moment of its signing by the Parties.
10.4. This agreement is made in two copies with equal legal force, one copy for each of the Parties.

11. POSTAL ADDRESSES AND BANK DETAILS OF THE PARTIES

Customer: _______________________________________________________

______________________________________________________________________

Contractor: ____________________________________________________
______________________________________________________________________
______________________________________________________________________

SIGNATURES OF THE PARTIES:

Customer executive
________________________ _________________________

Limited Liability Company Publishing House "Gramota" invites an indefinite circle of persons to conclude this agreement on the paid publication of printed materials in the periodicals "Almanac of modern science and education", "Pedagogy. Questions of theory and practice", "Philological sciences. Questions of theory and practice", "Manuscript" (hereinafter - the Agreement) on the following conditions:

1. Terms used in the Agreement

Author - the direct creator of the Article.
Edition - any of the periodicals: "Almanac of modern science and education"; "Pedagogy. Questions of theory and practice"; "Philological sciences. Questions of theory and practice"; "Manuscript" specified by the Customer in the Application for the publication of the Article.
Act - a document confirming the fact of provision of Publishing services by the Publisher to the Customer.
Customer - The Author of the Article, who pays for the Publishing Services, or any third party, in agreement with the Author, provides the Article of this Author to the Publisher for publication and pays for the Publishing Services.
Application - the Customer's request to the Publisher about the possibility of publishing the Article, includes: directly the text of the Article, drawn up in accordance with the requirements of the Publisher; information about the authors of the article; supporting documents.
Publisher - LLC Publishing House "Gramota", which is the founder and publisher of the Edition.
Publishing services - publication for a fee of the Article by the Publisher in the Edition, including preparation of the Article for publication, reviewing, provision of copies of the Edition and their delivery for a fee according to the Customer's Application.
Article - any printed material sent for publication in the Edition.

2. Rights and obligations of the Customer and the Publisher

2.1. The customer is obliged:
2.1.1. Correctly fill out the Application for the provision of Publishing Services in accordance with the requirements specified on the Publisher's website.
2.1.2. Provide the Publisher with their own details for issuing an invoice for publishing services (if the Customer is a legal entity or an individual entrepreneur).
2.1.3. Pay for publishing services in the manner prescribed by the Agreement.
2.1.4. Sign the Act provided by the Publisher and send one copy of the Act to the Publisher.
2.1.5. Follow the ethical principles that should guide the author of scientific publications posted on the Publisher's website.
2.2. The Customer has the right to send to the Publisher a reasoned claim regarding the quality of the Publishing Services provided by the Publisher within 1 (one) calendar month from the date of publication of the Article in the Edition.

2.3. The publisher is obliged:
2.3.1. Send the Customer via e-mail or fax a completed payment document or invoice (for Customers - legal entities and individual entrepreneurs) to pay for Publishing Services.
2.3.2. After receiving the full payment of the cost of Publishing services, publish the Article in the next emerging issue of the Edition, which will correspond to the subject of the Article to be published, or the edition number chosen by the Customer in agreement with the Publisher.
2.3.3. In accordance with the Customer's Application, send to the postal address indicated by the Customer in the Application, the Edition number (or part of it, if the Edition number consists of several parts) containing the published Article of the Author, no later than 1 (one) calendar month from the date publication of the relevant Article.
2.3.4. Correct independently and at their own expense the quality deficiencies of the Publishing Services indicated in the motivated claim of the Customer.

3. Cost and settlement procedure

3.1. The cost of Publishing services is determined by the Publisher independently according to the prices in force with the Publisher at the time of sending the payment document or invoicing.
3.2. The cost of the Publishing Services is determined by the Publisher in the payment document or invoice. The cost of the Publishing Services indicated in a specific payment document or invoice is final and cannot be changed.
3.3. Payment for the Publishing Services is carried out by the Customer by transferring the full amount of money specified by the Publisher in the payment document or invoice to the account of the Publisher.

4. Special conditions

4.1. The Customer warrants to the Publisher that the Author of the Article has the exclusive copyright to the Article; The article, the rights to use of which are transferred to the Publisher under the Agreement, is the original work of the Author; The article has not previously been published in other print and electronic publications; publication of the Article in the Edition does not violate anyone's copyright or property rights transferred by the Author of the Article under the author's agreement in relation to the published Article; The article contains all references to the cited authors and (or) publications provided for by the regulatory legal acts of the Russian Federation, as well as the results and facts used in the Article obtained by other authors and (or) organizations; The article does not contain information constituting a state or commercial secret; in relation to the Article there are no restrictions (prohibitions) on its publication.
4.2. The Customer is responsible for the content of published materials.
4.3. If there are grounds, the Publisher has the right to withdraw the article from publication (retraction) in accordance with the procedure published on the Publisher's website. Payment for the publication of retracted articles is not refundable.
4.4. If the Customer incurs any losses to the Publisher in connection with the execution of the Agreement, the Publisher has the right to demand from the Customer (if the latter is guilty of such losses) compensation for the corresponding losses.
4.5. Under the Agreement, the Author grants to the Publisher free of charge non-exclusive rights (non-exclusive license) to use the Article for the entire duration of the exclusive right of the Author within the limits stipulated by the Agreement, including:
1) the right to reproduce the Article (publication, promulgation, duplication, duplication or other reproduction) without limiting the circulation of copies. Moreover, each copy of the Article must contain the name of the Author;
2) the right to distribute the Article in any way (including on the Internet);
3) the right to revise the Article (create on its basis a new, creatively independent work, translation into other languages) and the right to amend the Article that does not constitute its revision;
4) the right to publicly use the Article and demonstrate it for informational, advertising and other purposes;
5) the right to bring the Article to the public;
6) the right to assign, on contractual terms, partially or completely the rights obtained under the Agreement to third parties without paying the Author and other persons any remuneration.
4.6. The territory in which the use of the rights to the Article is allowed is not limited.
4.7. If the Customer fails to fulfill his obligations to pay for Publishing services, the corresponding Article by the Publisher is not returned to the Customer, just as it is not subject to use by the Publisher.

5. Other conditions

5.1. This Agreement is a public offer, the acceptance of which by the Customer, who is the Author of the Article, is carried out by sending the Publisher an Application for the publication of the Article. If the Customer in the Agreement is a person who is not the Author of the Article, then the acceptance of this offer by such Customer is carried out directly by signing the Agreement received from the Publisher, while confirmation of the signing of the Agreement and acceptance of its terms by such Customer will be the fact of payment of the invoice issued by the Publisher.
5.2. The terms of the Agreement may be changed by the Publisher unilaterally. At the same time, the new terms of the Agreement cannot be applied to the relationship between the Publisher and the Customer in relation to Publishing Services that have already been paid for by the Customer.
5.3. The Agreement will be deemed terminated if the Customer does not pay for the Publishing Services within 3 (three) months from the date of sending the payment document or invoicing.
5.4. The Publisher's fulfillment of the obligation specified in clause 2.3.3 of the Agreement is carried out by a one-time dispatch of the Edition by mail to the address specified by the Customer in the Application for the publication of the Article. In this case, this obligation is considered fulfilled by the Publisher from the moment of transfer of the Edition to the organization providing postal services. The Publisher is not responsible for the work of organizations that provide postal services, and does not accept any claims regarding their activities related to the delivery of the Edition. In the event that the Customer does not receive the Edition through no fault of the Publisher, the Publisher will re-send the Edition returned to the Publisher for an additional fee in accordance with the prices in force at the Publisher at the time of re-sending to the Customer. The retention period for the Edition not received by the Customer and returned to the Publisher is 6 months.
5.5. If the Customer does not exercise the right specified in clause 2.2 of the Agreement, the Publishing Services are considered accepted by the Customer in full without any claims regarding their quality and (or) the Publisher's obligations under the Agreement, regardless of whether the Customer signs the Act.
5.6. The relationship between the Author of the Article and the Customer, who is not its direct Author, related to the order of Publishing services in relation to such Article, shall be regulated between them independently, without the participation of the Publisher.
5.7. The Customer is warned by the Publisher that the Publisher under the Agreement in relation to the published (posted) Article does not exercise any protection of the rights of the Author in the field of intellectual activity. Protection of the intellectual rights of the Author in relation to the published (posted) Article is carried out by the Author independently.
5.8. The customer agrees to use his contact e-mail address to obtain information about the services of the Publisher. In this case, the Customer has the right to refuse to receive such information at any time.
5.9. In order to fulfill obligations under this Agreement and settle accounts with Customers, the Publisher processes the personal data of the Authors specified by the Authors in the Application for the publication of the Article. By sending an Application for the publication of an Article to the Publisher, the Author consents to the processing by the Publisher or by third parties under an agreement with the Publisher of his personal data specified in the Application.
5.10. Liability measures for non-fulfillment or improper fulfillment of the terms of the Agreement are applied by the parties to the Agreement in accordance with the legislation of the Russian Federation, unless otherwise provided by the Agreement.
5.11. All disputes arising in the course of the execution of the Agreement must be preliminary considered by the Publisher, Author and (or) the Customer in order to work out a mutually acceptable solution. The presence of a dispute between the Publisher, the Author and (or) the Customer is evidenced by the sending of a written claim. The term for considering the claim and responding to it is set equal to 30 (thirty) calendar days. If, as a result of the observance of the complaint procedure for the disputes that have arisen, mutual understanding is not found, then disputes and disagreements shall be resolved in court at the location of the Publisher in accordance with the current legislation of the Russian Federation.
5.12. The place of conclusion of the Agreement is the location of the Publisher.
5.13. In all other respects that are not provided for in the Agreement, the parties to the Agreement will be guided by the current legislation of the Russian Federation.
5.14. The text of the Agreement, as well as other conditions on the basis of which the Publisher and the Customer fulfill their obligations under the Agreement, are published on the Publisher's website: www.site.