Terms & Conditions

General Terms and Conditions

The following delivery conditions apply when entering into an agreement with Lightpole ApS, which includes media campaigns. Last updated 20 / 9-2021.

Lightpole ApS, Betonvej 10, 4000 Roskilde, CVR: 39173859.

Upon receipt of this document, Lightpole’s Customer agrees to be bound by Lightpole’s terms and conditions set forth below.

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Terms for advertising campaigns booked with Lightpole, including first, among other things. digital outdoor campaigns and cinema commercials:

• The customer has the option of showing spots both as still images and animation, cf. specifications.
• Should any errors occur in relation to a defective screen, breakdown, vandalism, lack of advertising due to human errors or anything else, this will be rectified as soon as possible. In special cases when downtime exceeds 1 day, compensation is extended by extending the campaign. Payment is not compensated and the campaign cannot be canceled.
• For new uploads, a few days’ processing time can be expected.
• Photo documentation to the Customer of the purchased campaign is only by special agreement and is not included by default
• Once the promotion has been booked in and the Customer has received an order confirmation, the Customer is barred from canceling the promotion.
• Should a human error have occurred and a spot or advertisement has not run as planned, this will be corrected as soon as possible. Payment is not compensated and the campaign cannot be canceled.
• A number of spots per hour, day, week, month, year or other specified period is given as an average, ie. that it may happen that spots are not always delivered evenly. The specified number of spots is to be understood as an average number of spots.
• Lightpole reserves the right to reject spots. Offensive messages or technical errors in spots may result in spots being removed or not appearing on the screen. Here, the customer will be asked to send a new spot, cf. Lightpole’s instructions. Here it may be that the spot comes on later than planned. Lightpole does not take responsibility for customer delays.

If the opening hours of the screens change during the period, this is compensated by several spots appearing in any new opening hours or at a later time. Payment is not compensated and the campaign cannot be canceled.

• Up until parliamentary or local elections, Lightpole is allowed to postpone the Customer’s campaign to a later date. This does not apply to annual agreements.
• There may be fees for uploading or replacing material. Lightpole is responsible for communicating this to the Customer before any. upload.

Should a situation arise outside Lightpole’s hands where the campaign cannot be terminated, Lightpole is exempt from liability, eg if a media goes bankrupt, or in the event of a pandemic such as Covid-19, which could cause shutdowns in society. See also Force Majeure further down in the Terms.

• Lightpole may use the customer’s material for marketing under its own auspices, eg by taking a picture or video of the screen with its own equipment.

Delivery and payment:

• If there is a written approval or order confirmation by email from Lightpole to the Customer about the settlement of an ordered campaign (s), then the Customer is from this time barred from canceling order, unless otherwise agreed specifically with Lightpole. If, in spite of this, the order is canceled after this time, then the Customer is obliged to pay the full amount to Lightpole even if the campaign is not settled.
• Lightpole reserves the right to vary the agreed number of Advertising Places by +/- 5%. Should the Tenant receive less than 95% of the Advertising Places stated on the Order Confirmation, the Tenant is entitled to have the proportionate amount credited.
• If the payment deadline is exceeded, default interest is calculated at 1.5% per. commenced month from due date.
• If the payment deadline is exceeded, Lightpole reserves the right not to run the purchased campaign and any future promotions before payment has taken place, including Lightpole reserves the right not to even postpone the settlement of the late paid campaign (s), ie. . lost campaign time is lost to the Customer.
• If the Customer exceeds the deadline for delivery of graphic material as specified by Lightpole, it may be the case that the campaign does not run on time, or does not run at all. Here, Lightpole reserves the right not to even postpone the settlement of the late paid campaign (s), ie. lost campaign time is lost to the Customer.

Specific terms for bus advertisements

Delivery from the customer

The customer is responsible for delivering material / files for production according to specification from LIGHTPOLE.

The customer is responsible for ensuring that the delivery deadline stated in the order confirmation is met.

If the material appears in a condition where it does not meet the specified specifications, LIGHTPOLE reserves the right to demand the full rental period paid, without compensation to the customer for any delay in installation and regardless of its length.

LIGHTPOLE reserves the right to require changes to layout etc. that cannot obtain approval from LIGHTPOLE’s partners, including the concessionaire. For example, it may be that the layout is offensive in relation to a protected interest.

All promotional materials must comply with international codes and marketing rules. LIGHTPOLE reserves the right, in case of doubt, to postpone installation until approval has been obtained from the concessionaire. No compensation is provided for any lost rental period.

Any approval from the concessionaire does not release the customer from his possible liability in relation to third parties in connection with the actual design and message of the advertisement.

Assembly / Disassembly

Installation and dismantling is agreed between LIGHTPOLE and the customer. LIGHTPOLE is not responsible for delays in installation or dismantling caused by external events such as strikes, lockouts, operational problems, unrest, blockades, force majeure and the like.

LIGHTPOLE is not obligated to pay compensation of any kind on the basis of delayed or unassembled / disassembled material or on the basis of prevented advertising during the rental period, where the reason is beyond LIGHTPOLE’s disposal or control. Likewise, the customer bears the responsibility for vandalism on his advertising.

Reservations are made for a variation of up to +/- 5% in the agreed number of advertising spaces during the rental period.

LIGHTPOLE guarantees for long-term material (orders of 12 weeks or more), produced by LIGHTPOLE, a shelf life of a minimum of 12 weeks, after which it may be necessary to replace the material at the advertiser’s expense. For material produced by LIGHTPOLE for orders shorter than 12 weeks, a shelf life of 4 weeks is guaranteed.

Viewing

The viewing runs for the agreed period in writing. LIGHTPOLE is not responsible for changes in display caused by external events such as strike, lockout, operational problems, unrest, blockades, force majeure and the like. This also applies to reorganization, amalgamation – or otherwise modification – of units, routes and / or lines, carried out by the bus company.

LIGHTPOLE is not obligated to pay compensation of any kind, on the basis of changed or prevented advertising display during the rental period.

Reservations are made for a variation of up to +/- 5% in the agreed number of advertising spaces – and the display thereof – during the rental period.

Content of the agreement

Should, contrary to expectations, there be errors in what is stated in the offer, contract or order confirmation, this must be pointed out immediately in writing to LIGHTPOLE.

LIGHTPOLE reserves the right to change all terms of the agreement if the agreement with the concessionaire is changed.

LIGHTPOLE reserves the right to move a campaign if the campaign proves to be wholly or partly located in the period from the announcement of a parliamentary or municipal election until the date of the election.

LIGHTPOLE

LIGHTPOLE is responsible for replacing damaged or torn advertising material as soon as possible. This cost is borne by the advertiser, except if all or part of the cost is covered by any warranty. All produced promotional material is destroyed after dismantling.

Abribus / adshels

Lightpole uses the standard terms and conditions set up and taken down in this section.

For setup regarding. analog media applies to:

Abribus / Railboards: Setup usually takes place between Monday at 00:00 to Tuesday at 16:00. Dismantling usually takes place at the end of the campaign, and within the same time period as during setup.

Metro: Setup usually takes place between Sunday at. 22:00 (before the start of the campaign on Monday) to Tuesday at 05:00. Dismantling usually takes place at the end of the campaign, and within the same time period as during setup.

Other formats: Set up and take down by appointment. Reference is made in its entirety to “remarks” in the order confirmation.

Viewing prices are excl. setup, VAT, other state taxes as well as materials.

Terms of abribus / adshels

Lightpole reserves the right to vary the agreed number of Advertising Places by +/- 5%. Should the Tenant receive less than 95% of the Advertising Places stated on the Order Confirmation, the Tenant is entitled to have the proportionate amount credited.

Under no circumstances will Lightpole provide compensation for production costs (including sign production), creative costs and other processing.

In an analogous campaign, Lightpole replaces, as far as possible, advertising material that is destroyed or disappears after the start of installation, to the extent that new deliveries thereof are made by the Tenant at his own expense.

If the Tenant in an analogue campaign wishes to pick up any remaining circulation of posters after the end of the campaign period at Lightpole’s warehouse, a separate agreement must be made before the start of the campaign period.

The municipality or concession partner may at any time and without notice demand advertising stands removed if traffic, construction technical or other conditions necessitate this. The rent (display price) is reduced proportionately by such reductions.

Lightpole books as close to what is described on the order confirmation as possible based on the geographical availability. Lightpole reserves the right to move one or more abribus / adshels to another area if a given location / location should be sold out when booking with the media in question, but will always try to optimize the locations based on Lightpole’s knowledge of the Customer’s target group.

Lightpole has the right to change the share of abribus between different locations if a campaign is booked that has multiple selected locations. Should there be sold out in a given area, Lightpole will find another suitable area that covers the Customers need based on Lightpole´s knowledge of the Customer´s target group.

Lightpole reserves the right to cancel the Tenant’s campaign if his campaign wholly or partly coincides with an election period in connection with parliamentary or municipal elections. Lightpole is in that case obliged to in writing per. mail to cancel the campaign within 48 working hours after the official announcement of a possible election. In such a case, Lightpole will reimburse the Tenant for the entire promotional price as well as production costs for material printing.

Force majeure and situations beyond Lightpole’s control:

• LIGHTPOLE is entitled to cancel orders or postpone the delivery of promotions, and is otherwise free from liability for any form of missing, defective or delayed delivery that is wholly or partly due to circumstances beyond LIGHTPOLE´’s reasonable control, such as natural disasters. , riots, pandemics, riots, war, terrorism, fire, government regulations, strikes, lockouts, slow-downs, shortages of goods, lack of electricity supply or force majeure delays in deliveries by LIGHTPOLE´’s suppliers. All of the Customer’s powers are suspended or waived in such cases. The customer can neither in the event of cancellation or delayed execution claim damages or make any other claim against LIGHTPOLE.
• LIGHTPOLE also does not guarantee “uptime” of the campaigns, and therefore no liability can be made or any claim made against LIGHTPOLE if the screens may be off / defective (regardless of their length), if it is due to conditions outside LIGHTPOLE´s. control.
• If LIGHTPOLE is ordered by the court or other public authority to take down a campaign then this also happens without liability for LIGHTPOLE, and the Customer is barred from making any claim against LIGHTPOLE. Furthermore, LIGHTPOLE reserves the right to suspend / suspend a campaign if LIGHTPOLE becomes a party to a lawsuit regarding the content of a campaign.
• Product liability: For product liability, the rules in force at any given time in Danish law apply. LIGHTPOLE, however, is never responsible for any operating losses, profit losses or other indirect losses in connection with the agreement, including losses that arise as a result of delays or defects in the item (the promotions). Consequential damages and indirect losses
• LIGHTPOLE is not liable to the buyer for any consequential damages or indirect losses that may arise from or in connection with an agreement / order, which is governed by these general terms of sale and delivery, including, but not limited to, product interruption, loss of profit, loss of goodwill or loss of data.
• Delivery time and delay. The date of completion of the campaign is stated in the order confirmation. Postponement of the settlement time may occur without responsibility for LIGHTPOLE i.a. if: a) The customer wants changes in the campaign (LIGHTPOLE is otherwise free to reject changes if they are of the opinion that the content may be offensive, in violation of criminal law or other laws and regulations). b) There are delays in deliveries or work services that the Customer performs himself or has performed. c) Work on the delivery must be stopped or delayed due to an unforeseen obstacle at LIGHTPOLE or subcontractor (s).
• It is always the customer that is responsible for abiding/adhering to marketing legislation regarding content of any advertisement. LIGHTPOLE is not responsible if an advertiser is not allowed to advertise with the consequence of advertising investment being lost.
• Purchase agreements, which are governed by these terms of sale and delivery, as well as these terms of sale and delivery are subject to Danish law. Any disputes between a partner arising out of or in relation to a purchase agreement governed by these terms of sale and delivery, or in relation to these conditions of sale and delivery, are decided by the Danish courts with the court in Roskilde as the first instance.