Terms

Scope

These general terms and conditions (GTC) apply to companies, self-employed people and agencies (the "advertiser") that book advertising on screens through an advertising marketplace (the "marketplace"), for example regiowerber.ch. These GTC are issued by the operator of the booked screens (the "operator"). The operator is the advertiser's contracting party for the advertising on its screens. The marketplace states the operator's name and address at the time of booking, and they appear on each of its invoices. Deviating terms of the advertiser apply only where the operator agrees to them in writing. The marketplace is aimed at business customers and does not accept bookings from consumers.

Where an individual contract or a written quotation deviates from these GTC, it takes precedence over them.

Role of the marketplace

The marketplace is run by its marketplace operator (for regiowerber.ch, Quartiero GmbH); the technical platform behind it is provided by K-I-Soft IT&Holding GmbH (the "platform"). Through the marketplace the advertiser finds the screens of various operators, manages its subjects and campaigns, and books. The marketplace operator arranges the booking; the platform carries it out technically. The contracting party for the advertising on a screen is the operator of that screen. These terms govern the account and the advertiser portal.

If the advertiser books screens of several operators, it concludes a separate contract with each of these operators under that operator's GTC.

Definitions

• Advertiser portal: the web interface of the marketplace in which the advertiser manages and books its advertising content and campaigns.
• Location: a screen of the operator at a particular place, in a stairwell or in a publicly accessible place, on which advertising can be booked.
• Subject: a single piece of advertising content, for example an image or a video.
• Campaign: the combination of subjects, chosen locations and schedule.
• Day price: the price a subject costs on one day at one location.

Conclusion of contract

The advertiser accepts these GTC before it activates a campaign that runs on the operator's screens; without this acceptance the advertiser portal does not allow the activation. A booking with the operator comes about as soon as the advertiser activates such a campaign in the advertiser portal. It is played out on the operator's screens as soon as the operator has approved all of its enabled subjects.

Services of the operator

The operator plays approved subjects at the chosen locations during the booked period; for this it uses the advertiser portal and the platform. The screens stand in properties and places belonging to third parties; the operator uses them on the basis of agreements with their owners or property managers.

Alongside the advertising, further content runs on the screens, in stairwells in particular notices from the property management. How much of a location's playout time a subject receives depends on the number of items running there and is not assured.

The advertiser portal and the platform are developed further. Individual functions may be adapted, extended or replaced, as long as the agreed scope of services is preserved in substance.

Information about the locations

The address, position, description and images of a location serve the selection. Descriptions and images come from the owners of the locations; the operator does not check them for accuracy and completeness. The owner of a location may object to the use of its images in writing at any time, whereupon the images of that location are no longer shown. If an image shows a person or anything else concerning a data subject, the operator removes it upon notice.

A location may drop out of the offering, for example if the owner ends advertising there or the screen is removed. The day price remains owed for days already run; for the time after that the location is no longer charged.

Account

The advertiser's account exists on the marketplace. The advertiser keeps its access credentials secret and reports any suspicion of misuse without delay. It ensures that only authorised people in its business access the account, and keeps its details up to date, in particular the invoicing details to which the operator addresses its invoices.

Advertising content and responsibility

The advertiser is responsible for its subjects. It ensures that it holds the necessary rights, in particular copyright, trademark and personality rights, and that the subjects breach neither the law nor the rights of third parties. If the operator is held liable by third parties because of a subject, the advertiser indemnifies it, to the extent that it is answerable for the infringement.

Where subjects contain personal data, the operator processes it on behalf of the advertiser. The data processing agreement applies to this.

Review and approval

The operator reviews every submitted subject before it is played out on its screens. It reviews submitted subjects promptly. The review is mandatory for every subject and a precondition of any playout, and it is free of charge for the advertiser. A campaign runs on the operator's screens as soon as it is active and the operator has approved all of its enabled subjects. There is no entitlement to approval.

The review also applies to a changed subject. If the advertiser replaces a subject during the term or changes its content, it submits the subject for review again. Until approval it does not run on the operator's screens.

If a campaign runs on screens of several operators, each operator decides for its own screens. A subject may therefore run with one operator while it is still under review or rejected with another. The approval of one operator does not apply to the screens of another.

The operator may reject a subject or halt a running campaign on its screens if it breaches these GTC or the law, or if the owner of a location objects on justified grounds. If a subject breaches the law or the rules on inadmissible advertising content, the platform may also reject or halt it. Approval does not relieve the advertiser of its responsibility for the content.

Inadmissible advertising content

The screens stand in places of everyday life that children see as well. The following are therefore excluded in particular: advertising with unlawful, misleading or unfair content within the meaning of the UWG, political and religious advertising, pornographic, violence-glorifying, discriminatory or youth-endangering content, advertising for tobacco products, addictive substances and gambling, and inadmissible promises of healing. Advertising that harms the standing of a location, its residents or its owner is likewise excluded. For products subject to statutory advertising restrictions, such as alcohol or medicines, the respective rules apply.

Technical grounds for rejection

The operator may also reject a subject on technical grounds, in particular if:

• the file cannot be played or displayed;
• the subject is longer than the maximum duration stated in the advertiser portal;
• the subject loads files or addresses from outside the advertiser's media library in the advertiser portal;
• its text is not legible on the screen, for example because the type is too small or the contrast too low;
• a QR code leads to a page that cannot be reached, or to a page other than the one the subject names;
• the subject imitates controls or notices of the screen.

If a location sets a shorter maximum duration, a longer subject is cut off there after that duration rather than rejected. The cut is shown in the campaign's proof of playout.

Prices

Advertising is charged per subject, per location and per day. The applicable price is the day price the operator sets for the location and that is in force on the respective playout day; the advertiser portal shows it during selection and in the booking summary. The operator may change the day price of a location. A new day price applies from the first day of a month that the operator sets when entering it. The operator informs advertisers with a campaign on that location before the new day price takes effect. The advertiser may halt the campaign at any time. A surcharge applies to a video, which the advertiser portal likewise states. All prices are exclusive of value added tax where it is payable.

Billing by operating days

Every booked day on which the screen at the location was in operation is charged. A day is booked for a subject and a location if the campaign ran on that day, the subject was switched on and approved by the operator, and the location belongs to the campaign.

A screen was in operation on a day if it was connected at the location and one of the following two conditions is met:

• The operating hours of the location, meaning the times during which the screen is switched on, provided for at least one period on that day.
• The screen counted a motion or a touch at the location on that day.

Whether anyone stood in front of the screen on such a day is irrelevant for billing. A temporary fault within the operating hours, such as an interruption of the internet connection, does not reduce the day price.

In particular, a day is not charged if no screen was connected at the location on that day, for instance because it has been removed or not yet mounted, or if the screen remained switched off for the whole day according to the operating hours and counted nothing on that day. Likewise, no amount arises for a day on which the location was not available for advertising.

The operator assures no particular reach, number of touches or advertising effect. Motions and touches are counted anonymously, as described in the privacy policy.

Invoice and payment

The operator invoices the charged days on its screens monthly after the end of the calendar month. If a campaign runs on screens of several operators, the advertiser receives a separate invoice from each operator for that operator's screens. Unless agreed otherwise, invoices are payable within 30 days of the invoice date without deduction to the account stated on the invoice.

In the event of late payment the operator may, after a reminder, suspend the playout of all of the advertiser's campaigns on its screens; amounts due remain owed. The suspension is lifted by the operator; receipt of payment alone does not lift it. On the screens of other operators the advertising continues to run.

The advertiser chooses payment by invoice or, where the operator offers it, a stored means of payment (card or TWINT through wallee AG). Payment by invoice requires complete invoicing details in the advertiser portal. With a stored means of payment, the amount is charged when the invoice is issued, and the invoice is additionally sent to the advertiser.

The advertiser may withdraw its choice of payment method at any time; the stored payment data is then deleted. Until a new choice is made, its campaigns are not played out. Invoices already issued remain owed.

Term and termination

A campaign runs during the chosen period. The advertiser may halt it at any time in the advertiser portal or switch off individual subjects; after that no further day prices arise for that campaign. For the days up to then the section "Billing by operating days" applies.

The advertiser may end the contract with the operator at any time by ending its campaigns on that operator's screens; closing its account on the marketplace also ends the contract. The operator may terminate the contract with 30 days' notice to the end of a month. The right of either side to terminate for good cause is reserved, in particular in the event of repeated breaches of the rules on inadmissible advertising content.

Availability and liability

The operator runs the playout on its screens with reasonable care. Uninterrupted availability of the advertiser portal, the platform and the screens is not assured, in particular during maintenance, in the event of faults at upstream suppliers, power failures or interruptions of the internet connection at a location.

The operator is liable only for damage it causes intentionally or through gross negligence. Liability for slight negligence is excluded to the extent permitted by law, as is liability for indirect damage, consequential damage and lost profit. Mandatory statutory liability is reserved.

Rights in the advertiser portal and in subjects

The marketplace brand belongs to its operator; the advertiser portal and software belong to the platform or its licensors. The advertiser may use the advertiser portal to the extent needed for its subjects, campaigns and bookings. The advertiser retains its rights in its subjects. It grants the operator and the platform the use needed for review, storage and playout.

Force majeure

Events for which the operator is not answerable and which make the playout impossible or substantially more difficult release it from its obligation to perform for their duration. These include natural events, power failures, faults in networks, official measures and industrial action.

Changes to these GTC

The operator may adapt these GTC where services, operations or legal requirements change. It informs the advertiser in advance of material changes. Notices about the contract and operation, including a change to these GTC, are sent by email to the owners and administrators of the advertiser's organisation as registered in the advertiser portal; any period runs from the dispatch of that notice. If the advertiser does not object within the period stated and continues to use the advertiser portal, the amended GTC are deemed accepted.

Data protection

How personal data is processed on the marketplace is set out in the privacy policy. The operator's data processing agreement applies to processing on behalf of the advertiser.

Applicable law and place of jurisdiction

Swiss law applies exclusively, to the exclusion of the Vienna Sales Convention (CISG). The exclusive place of jurisdiction is the operator's registered office.